Bullish Emerges as a Bidder for Bankrupt FTX Exchange

The Legal Future of South Korea’s Crypto Industry: Necessary Legislation and SystemsA recent National Assembly symposium organized by South Korea’s Digital Asset Policy Forum brought experts together to discuss the challenges and prospects of the implementation of the Virtual Asset User Protection Act at the National Assembly Members’ Office Building in Seoul on Tuesday.Photo by Tingey Injury Law Firm on UnsplashInternational modelsReferences were made to global examples, such as the Markets in Crypto-Assets Regulation (MiCA) — the world’s first standalone virtual asset legislation enacted in the EU — which ensures transparency, disclosure, authorization, and supervision of crypto-asset transactions. However, unlike the capital market, MiCA does not impose regular disclosure reporting requirements or corrections on them. Firms in Japan, on the other hand, are asked to provide disclosure under autonomous regulation through the Japan Virtual and Crypto Assets Exchange Association (JVCEA).Notably, in its recent Policy Recommendations for Crypto and Digital Asset Markets Consultation Report, the International Organization of Securities Commissions (IOSCO) states that it is “seeking to encourage optimal consistency in the way crypto-asset markets and securities markets are regulated within individual IOSCO jurisdictions, in accordance with the principle of ‘same activities, same risks, same regulatory outcomes’.” This principle refers to the concept that any crypto-asset activity that has a similar function and poses similar risks to those in the traditional financial system — such as operating a trading platform or providing custody services — is subject to regulation that ensures equivalent outcomes, as defined by the UK Parliament.The IOSCO report also suggests that crypto-asset service providers (CASPs) should disclose information regarding ownership and control of crypto-assets, issuer and business-related information, issuer management teams, transaction history and operational description of crypto-assets, token ownership concentration, transfer protocols, and a given CASP’s treatment of the client crypto-assets and their respective rights and entitlements during events like hard forks and airdrops.Hurdles to overcomeExperts at the forum reflected these considerations in their sentiments. Han Suh-hee, a lawyer at Barun Law Firm, emphasized that it is important to determine what kind of information should be disclosed. She argued that it is necessary to discuss to what extent information about virtual asset issuers should be disclosed and whether mandating firms to disclose their financial and business conditions is efficient.In particular, Han underlined the need to consider the differences between virtual assets and stocks when establishing a framework for the disclosure of virtual assets holdings. Unlike stocks, virtual assets possess distinctive characteristics like their borderless and decentralized nature, unclear issuer backgrounds, and the ability to conduct peer-to-peer (P2P) transactions.Lee Han-jin, a lawyer at Kim & Chang Law Firm, added that the enactment of Korea’s Virtual Asset User Protection Act was aimed at establishing a system directly targeted at regulating virtual assets and virtual asset service operators (VASPs) — a significant development from the Financial Transaction Reporting Act, which had until now been the only legal framework responsible for regulating VASPs along with other entities like casino business operators. Virtual assets are now subject to a more systematized regulatory approach.However, he said that the Virtual Asset User Protection Act still has its setbacks because it is undergoing a two-stage legislative process. Lee criticized the fact that the same definition of VASPs outlined in the Financial Transaction Reporting Act had been brought over, which limits their identity to transaction intermediaries, wallet operators, and custodians while overlooking their other roles like crypto management, crypto deposits, and crypto collective investments.Lee also pointed out another weakness: the scope of prohibition on using undisclosed information and market manipulation is broader in the Virtual Asset User Protection Act than in the Capital Markets Act. He argued that enforcement decrees should stipulate the definition of insiders and exceptional cases when deliberating on the prohibition of insider virtual asset trading.Lee thus emphasized the need for a clear definition of virtual assets in the Virtual Asset User Protection Act, as it is yet unclear whether they are objects or assets. All things considered, he believes there must be a law that can encompass blockchain-based decentralization, outline the similarities and differences between digital assets and financial products, and accommodate new services that utilize smart contracts.“We are in the process of creating a regulatory system similar to those being adopted in other countries based on their respective markets,” said Lee Seok-ran, head of the Financial Innovation Bureau at the Financial Services Commission (FSC). “Unlike the stock market, which is equipped with regulations to prevent fraudulent transactions and misconduct, virtual assets are traded on multiple exchanges, so we are considering how to interpret unfair trading activities and conduct market surveillance.”She explained that the commission is prioritizing user protection measures and subordinate regulations. “I believe we will be able to create a system for subordinate regulations on disclosure once an overall global trajectory is established. But before that happens, we are working on guidelines for defining unfair trading activities with regulators and the Digital Asset eXchange Alliance (DAXA).” Unfair trading activities associated with virtual assets include not only those conducted on exchanges but also under other circumstances.The FSC officer said that the financial authority is set to establish legal criteria to distinguish cases such as false statements in white papers of crypto projects. She added that enforcement decrees will define both the conditions for restricting deposits and withdrawals on crypto exchanges and the corresponding limits.

Report Reveals Global Trends and Online Discourse on Crypto Travel RuleCODE, the only Travel Rule solution provider in South Korea, together with blockchain consulting firm Catalyze Research, published a report that sheds light on global trends in Travel Rule legislation and popular online keywords associated with the Travel Rule. The Travel Rule is a set of guidelines that virtual asset service providers (VASPs) and financial institutions are obligated to observe in order to counteract money laundering and terrorist financing. These guidelines require these entities to share information about both the sender and the recipient of cryptocurrency or financial transactions.The authors of this report gathered online comments related to the Travel Rule from January 1, 2019 to July 31, 2023. They conducted this analysis across news outlets, media platforms, online forums, and various social media channels, encompassing over 200 countries and 150 languages.Photo by Volodymyr Hryshchenko on UnsplashKey events driving discussionsAccording to the report, online discussions concerning the Travel Rule intensified around the time of several key events. These events include the enforcement of the Travel Rule in South Korea in March 2022, the approval of the Markets in Crypto-Assets Regulation (MiCA) and Transfer of Funds Regulation (TFR) by the European Union in April 2023, endorsements of the Travel Rule by G7 countries in Japan in May 2023, and the subsequent implementation of the Travel Rule in Hong Kong and Japan in June 2023.Notably, South Korea, Japan, and France experienced the most substantial surges in Travel Rule-related discussions during the first half of 2023. In South Korea, comments were prompted by a lawmaker’s scandal related to cryptocurrency trading. Meanwhile, Japan and France observed a rise in comments linked to the enforcement of their respective local Travel Rule regulations in the second quarter.Negative market responsesIn addition, markets responded more negatively than positively to the tightening of Travel Rule regulations. The concerns about the market contraction were stronger than the positive outlook on the advantages of preventing money laundering.Lee Sung-mi, CEO of CODE, highlighted the growing significance of Travel Rule solution providers in ensuring the compliance of virtual asset service providers (VASPs) with the regulatory demands of various jurisdictions. Particularly, with the Financial Action Task Force (FATF), G7 nations, and the EU at the forefront, countries have been making noteworthy strides in Travel Rule implementations since 2023, she further noted. Lee emphasized CODE’s commitment to aiding its member VASPs in adhering to Travel Rule regulations by delivering secure and convenient services that align with the evolving global regulatory landscape.

ICP Planning Hong Kong HubThe development team behind the Internet Computer Protocol (ICP) is planning on creating a Hong Kong-based hub.In Twitter comments published on Wednesday, Dominic Williams, the Founder of the Dfinity Foundation, the development team responsible for ICP, stated that as a consequence of his recent visit to Hong Kong and participation in the Web3 Festival, the project “plans for an Internet Computer Hub, probably in Cyberport.”©Pexels/PixabayICP is a set of protocols that facilitate independent data centers globally to band together, offering a decentralized alternative to the existing centralized cloud providers. On that distributed basis, it allows users to create websites, apps and various web-based services.Founded by Williams and the Dfinity Foundation, the project had the backing of venture capital firms Andreessen Horowitz (a16z) and Polychain Capital from an early stage. Cyberport is a 25 hectare multimedia park in Hong Kong’s southern district, consisting of a hotel, four primary office buildings and a retail entertainment complex. It’s home to over 1,900 start-ups and technology companies, making it a creative digital community and technology cluster within Hong Kong.Giving Silicon Valley a run for its moneyWilliams had made a keynote address at the Web3 Festival last week. Dfinity expressed the view that enthusiasm for blockchain, Web3 and the ICP project was “off the charts” at the Hong Kong event. It seems that Williams was similarly enthused such that he wants to establish a physical presence for the project in Hong Kong.Prior to the Web3 Festival event, Williams had also stated that “dynamism in Asia is incredible” . . . “Asia will give Silicon Valley a serious run for its money.” In making a comparison with Silicon Valley, Williams referred to comments he had heard being made by a Taiwanese venture capitalist, suggesting in relation to leading Californian tech companies such as Facebook, “that nobody does any work, it’s like a retirement company.”ICP Asia AllianceAnother item that Williams noted as a take away from his Hong Kong visit was a recognition by the Dfinity Foundation founder that the formation of an ICP Asia Alliance is a possibility. He stated that “things [are] already happening” to effect this eventuality.Confirming that work in progress, it appears that Williams met last week with members of TinTin, a Web3 development DAO, as part of his ICP Asia Alliance initiative. It’s understood that as part of the initiative, the ICP Asia Alliance will cooperate with local venture capital firms in Hong Kong, with a view towards promoting and cultivating talent in Asia relative to Web3 and the ICP project.Building a new internetAs a Swiss non-profit, the Dfinity Foundation launched the ICP blockchain in May 2021. The project has garnered considerable attention from both developers and investors. It also distinguishes itself from many other blockchain projects insofar as it has attracted the involvement of leading tech companies such as Oracle and Samsung.At the time of publication, $ICP was trading at $6.24, 15% its 2023 high point of $7.34.