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NFTs not subject to South Korea’s Virtual Asset User Protection ActIn anticipation of the Virtual Asset User Protection Act coming into effect in July of next year, the South Korean Financial Services Commission (FSC) has issued an advance notice regarding its subordinate statutes.Photo by Ethan Brooke on UnsplashSeven specific provisionsThe subsidiary regulations under the Act detail seven specific provisions aligned with the Act’s objectives. Firstly, assets categorized as electronic securities, mobile vouchers, deposit tokens backed by the Bank of Korea’s central bank digital currencies (CBDCs) and non-fungible tokens (NFTs) will not be classified as virtual assets and hence, not regulated by this Act. However, in instances where NFTs are used as a means of payment for specific goods or services, they will be regarded as virtual assets.Secondly, banks will take responsibility for managing the deposits of users on cryptocurrency exchanges. This aligns with the Act’s requirement for virtual asset service providers (VASPs) to keep users’ funds separate from their own, either by depositing them in, or entrusting them to, reputable institutions. Under these regulations, banks are required to manage users’ assets in a manner consistent with how investors’ deposits are handled under the Capital Markets Act. This means that banks are allowed to invest VASP users’ assets only in secure instruments, such as state and local government bonds, and are also obligated to pay fees to deposit owners, taking into account the yields of these investments.80% of user assets in cold walletsThe third key aspect of the regulations is that VASPs are required to store a minimum of 80% of user assets in cold wallets, which are not connected to the internet. This is higher than the current requirement of 70%, enhancing the security measures for users of virtual assets. To calculate the total value of a virtual asset at any given time, its total supply is multiplied by its average daily price over the past year. VASPs are obligated to assess the value of virtual assets every month.The fourth regulation mandates that VASPs must enroll in an insurance plan, contribute to a rainy day fund or accumulate reserves. This is to ensure they can fulfill their compensation responsibilities in the event of incidents like security breaches or technical failures. The required preparation amount is set at a minimum of 5% of the user assets stored in hot wallets, as these are more susceptible to risks. VASPs are required to update their compensation thresholds or reserves monthly and must take any necessary actions to comply with these requirements by the next working day following the update.Information disclosure guidelinesAnother regulation addresses the issue of insider trading in the context of the virtual asset market. Under the current Capital Markets Act, information is considered disclosed when it’s made available through disclosure systems of the FSC or the Korea Exchange (KRX). However, since the cryptocurrency market lacks a similar system, the new statute provides criteria for determining when information is deemed disclosed.For instance, if a VASP, including exchanges, releases crucial information about a virtual asset on an exchange and six hours pass, that information is regarded as disclosed. This acknowledges the non-stop nature of the crypto market. Moreover, information disclosed post 6 p.m. is treated as officially disclosed after 9 a.m. the next day.Additionally, if a virtual asset issuer publishes significant information about its token on a website hosting its white paper, the information is deemed public after one day. This is conditional upon the website being publicly accessible and having consistently provided important token information for the preceding six months.These rules aim to provide clarity and fairness in information disclosure in the crypto market, adapting the principles of traditional financial markets to the unique dynamics of virtual assets.No arbitrary suspension of transactionsThe sixth regulation restricts VASPs from arbitrarily halting deposits and withdrawals of virtual assets unless there are justifiable reasons for such actions. Acceptable circumstances for suspending these transactions include situations where the VASP experiences a technical disruption in its system, where regulatory authorities instruct a VASP to cease deposits and withdrawals or where cyberattacks or similar incidents have occurred or are clearly imminent.Lastly, virtual asset exchanges are required to monitor for abnormal transactions continuously. These are transactions that show substantial shifts in the prices or trading volumes of virtual assets, particularly in response to news or rumors that could influence cryptocurrency prices. If VASPs suspect unfair trading practices, they must report to the FSC or the Financial Supervisory Service (FSS). When there is ample evidence of such activities, crypto exchanges are obligated to notify the police or the prosecutors’ office. In addition, the financial regulator has the authority to levy fines based on the prosecution’s decisions or after completing consultations with the prosecution if a year has passed since the day of the report.During the period of advance notice, which spans from Nov. 11 to Jan. 22, the FSC will seek comments from relevant organizations, experts and businesses. This process is aimed at refining the rules and regulations subordinate to the Virtual Asset User Protection Act. Moving forward, the financial authorities plan to publish a set of guidelines and Q&A materials and conduct explanatory sessions, with the goal of ensuring a smooth implementation of the Act.

In a move announced on Friday, OKX, the Seychelles-headquartered cryptocurrency exchange, declared its decision to delist 20 trading pairs by Jan. 5, triggering a notable price fall for major privacy coins such as Monero, Dash and ZCash. The exchange cited that the affected pairs did not align with its listing criteria, though specific details were not disclosed.Photo by Khara Woods on UnsplashPrivacy coin delisting trendWhile OKX did not explicitly articulate the rationale behind this move, industry observers are speculating that it could be part of the exchange’s broader efforts to comply with evolving regulatory measures. Privacy coins have increasingly drawn regulatory scrutiny due to concerns about potential illicit activities within the crypto space. Earlier in the year, Binance had also announced the delisting of several privacy coins to ensure compliance with local laws and regulations. The broader context of regulatory pressures on privacy-focused cryptocurrencies seems to be impacting major exchanges’ decisions. In 2022, Huobi cited regulatory pressures when it took the decision to delist Monero and other privacy coins. Kraken was further ahead of the curve still, delisting Monero for UK customers in November 2021. Downward price actionFollowing OKX’s announcement on Friday, the prices of privacy-focused cryptocurrencies, notably Zcash (ZEC) and Monero (XMR), experienced a decline. The entire sector of “privacy cryptos” has witnessed a 7.1% decrease in overall market capitalization, according to an index of such coins compiled by Malaysian crypto indexing firm CoinGecko. During this period, Monero and Zcash have seen unit price declines of 4.5% and 10.7%, respectively. Other tokens set for delisting, including Dash, Powerpool and Horizen, have recorded declines of up to 14%. OKX has provided guidance to users, advising them to cancel orders related to the affected trading pairs before the delisting date to avoid automatic cancellation, a process that may take 1–3 working days. Concurrently, the exchange has halted deposits for the impacted cryptocurrencies and plans to cease withdrawals by Mar. 5, 2024, affording holders sufficient time to withdraw their assets. However, once the delisting is complete, trading these digital assets on OKX will become impossible. Interestingly, certain privacy coins like MINA continue to be listed on the exchange, experiencing a 7.5% increase following the delisting announcement. It’s crucial to note that OKX’s delisting is not exclusive to privacy tokens, as it also includes other trading pairs associated with digital assets such as Kusama, Flow, Kyber Network and Aragon. The fight for privacySome crypto community members have voiced their concerns on social media, with many fearing that the innovation may be ‘captured’ by the various state authorities over time. However, ex-Monero developer Ricardo Spagni (AKA “Fluffypony”) was nonchalant about the whole thing, judging by his comments. In a post on social media platform X, he wrote: ”Monero users and contributors literally couldn’t care less about delistings at this point.” As the regulatory landscape evolves, cryptocurrency exchanges are navigating these challenges, impacting the availability and value of specific tokens on their platforms. Investors and privacy advocates alike will be closely watching how such regulatory compliance measures continue to shape the crypto market and crypto use.  

The Hong Kong Securities and Futures Commission (SFC) announced plans to conduct on-site inspections of local virtual asset trading platforms (VATPs) that are still in the process of regulatory applications after the June 1 licensing deadline. The SFC has emphasized that starting from June, all local crypto trading platforms must either possess a license or be deemed-to-be-licensed to operate legally. Operating an unlicensed VATP post-deadline will be considered a criminal offense, with the SFC actively pursuing compliance.Photo by farfar on UnsplashFocus on compliance and market adjustmentsThe inspections aim to ensure adherence to regulatory standards, particularly in safeguarding client assets and executing Know Your Customer (KYC) processes. The SFC has advised investors to only engage with licensed platforms and cautioned unlicensed companies against marketing their services or accepting new retail clients. Amidst these regulatory changes, the number of license-seeking crypto exchanges has declined. Notably, 11 firms, including OKX and Huobi's local branch, have retracted their licensing applications, leaving 18 still pending. Meanwhile, Gate.HK has halted certain operations in anticipation of meeting the new regulatory demands. To date, only two companies, OSL Digital Securities Limited and Hash Blockchain Limited, have secured a license to operate under the new framework in Hong Kong.