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China’s Crypto Crackdown Reveals Capital Control Loopholes

Policy & Regulation·July 20, 2023, 1:09 AM

Chinese authorities have been stepping up their efforts to crack down on cryptocurrency-related crimes, and with that, uncovering how digital currencies are being used to bypass strict capital controls imposed by Beijing.

China may be a few years into a crackdown against the use of cryptocurrencies but despite that, their use and particularly their use for illicit purposes continue. That’s according to a report on Wednesday by the South China Morning Post (SCMP).

Photo by Christian Lue on Unsplash

 

Combating capital outflows

The rising trend of capital outflows has prompted Chinese authorities to take action. Two prominent cases illustrate the extent of these illegal activities and the value of assets seized.

In Jingmen, a city in Hubei province, police disclosed details of an online gambling case involving digital currencies used to evade regulation. The case has implicated over 50,000 individuals and a turnover of billions of dollars. Although the specific virtual currency was not mentioned, authorities revealed that they had frozen multiple accounts with a combined value of $160 million.

Meanwhile, in Shanxi province, police solved a money laundering case linked to 380 million yuan worth of USDT, the US dollar stablecoin issued by Tether. China’s State Administration of Foreign Exchange is responsible for monitoring cross-border capital flows. Accordingly, it has taken steps to curb these illicit activities. Late last month, it fined ten firms in order to maintain order in the forex market.

 

Digital yuan development

These recent cryptocurrency cases have exposed loopholes in China’s capital control system. Crypto mining and trading have long been banned by Chinese regulators. As an alternative, China has been actively developing its own central bank digital currency (CBDC), known as the digital yuan or e-CNY. 2023 has seen a raft of measures taken by various regional administrators throughout China to bring about further e-CNY adoption.

However, the ban on cryptocurrencies and the launch of the e-CNY have driven many miners and traders underground or to overseas locations such as Hong Kong, which ironically, is vying to become a cryptocurrency hub. The continued depreciation of the yuan against the US dollar has intensified capital outflow pressures.

 

Chinese bonds sell-off

Internationally, fund managers have been selling significant amounts of Chinese securities since 2021. That goes against the current regional trend which sees emerging Asian markets experiencing substantial inflows of funds during the same period, according to the Institute of International Finance.

That market activity has been in response to Chinese policies and escalating US-China tensions. An Atlantic Council report highlights that international institutional investors have been net sellers of approximately 1 trillion yuan in Chinese bonds since early 2022.

China’s efforts to control capital outflows and stabilize the yuan’s value face ongoing challenges, as cryptocurrency-related crimes persist. While the crackdown exposes weaknesses in the country’s capital control system, it also underscores the difficulty authorities will have globally in trying to control digital currency use.

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Policy & Regulation·

Sep 20, 2023

Illiquid Token Sinks OPNX’s $30 Million Hodlnaut Bid

Illiquid Token Sinks OPNX’s $30 Million Hodlnaut BidThe interim judicial managers overseeing the restructuring process of troubled Singaporean crypto lender Hodlnaut have firmly opposed the takeover offer presented by OPNX, the Dubai-based crypto bankruptcy claims trading platform associated with the founders of the now-defunct hedge fund, Three Arrows Capital.Photo by Image Hunter on PexelsSpeculative token valueIn a report published on Tuesday, Bloomberg referred to a recent court filing in which the administrators of Hodlnaut had characterized OPNX’s $30 million bid in FLEX digital tokens as “illiquid” and bearing “speculative value.” Additionally, a significant portion of Hodlnaut Group’s creditors, representing 60% of the total debt, had also voiced their dissent towards the proposed OPNX deal.Hodlnaut, headquartered in Singapore with operations in Hong Kong, found itself among the casualties of the $1.5 trillion crypto market downturn last year. OPNX had expressed its interest in taking control of Hodlnaut last month.Among the concerns raised by managers were the absence of a cash injection or assets with readily available liquidity, such as Bitcoin or Ether. Furthermore, there was no clear timeline provided for the repayment of creditors’ debts, and the proposal lacked detailed information regarding payments, which are limited to just 30% of liabilities, according to the court-appointed supervisors of Hodlnaut’s restructuring.FLEX token offeringThe FLEX token, associated with the CoinFLEX exchange, whose founders Mark Lamb and Sudhu Arumugam launched OPNX earlier this year, is at the center of the proposal. Currently, it holds a market value of approximately $54.4 million. However, its trading volume remains low. Moreover, its unit value stands at $0.55, marking a substantial 95% decrease from a month ago when the offer was first submitted to the Singapore court, as per data from CoinGecko.The deal would have meant OPNX taking a 75% stake in the business. Previously, Hodlnaut’s founders Simon Lee and Zhu Juntao had put forward a proposal of a business sale rather than liquidating the company as the preferred option.Su Zhu and Kyle Davies, co-founders of Singapore’s Three Arrows Capital, played instrumental roles in the inception of OPNX, joining with the CoinFLEX founders in establishing the bankruptcy claims trading platform. Despite their initial contributions, it’s worth noting that Zhu has previously clarified that neither he nor Davies are involved in the day-to-day management of the exchange.Regulatory sanctionsIn recent developments, Zhu and Davies were sanctioned with a nine-year ban by the Monetary Authority of Singapore due to violations connected to their collapsed hedge fund firm, which operated out of Singapore. Furthermore, in August, authorities in Dubai levied fines against Zhu, Davies, Mark Lamb, OPNX CEO Leslie Lamb, and Arumugam for operating and promoting OPNX without the required local license.The rejection of OPNX’s bid by Hodlnaut’s bankruptcy administrators underscores the challenges implicated by illiquid tokens. The fate of Hodlnaut remains uncertain, pending further developments in the ongoing legal proceedings, and will depend upon its management’s efforts in finding a new buyer for the business.

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Policy & Regulation·

Dec 11, 2025

Japan to bring crypto under securities oversight amid rising demand

Japan is preparing to shift oversight of crypto assets from its payments rulebook to its main securities law, a move that would treat digital tokens more squarely as investment products rather than payment tools, according to a new report from the country’s financial regulator. In a working-group paper on crypto asset regulation released Dec. 10, the Financial Services Agency (FSA) said it plans to bring “crypto assets” under the Financial Instruments and Exchange Act (FIEA) instead of the Payment Services Act (PSA), as reported by local outlet CoinPost. The agency framed the change as an effort to strengthen investor protection as more households buy digital assets for investment purposes.Photo by Alessio Ferretti on UnsplashCrypto distinct from traditional securitiesThe regulatory perimeter itself would not expand. The FSA intends to keep using the PSA’s existing definition of “crypto assets,” while leaving non-fungible tokens (NFTs) and stablecoins outside the scope of the new framework. Under FIEA, crypto assets would be carved out as a distinct class separate from traditional securities, reflecting the fact that they generally do not confer legal claims such as dividends or interest payments. That distinction is already shaping how firms attempt to expand the economic utility of crypto assets. The move toward a clearer rulebook also arrives as market participants look for ways to construct return-generating mechanisms for assets that do not produce steady income on their own. Hong Kong–based Animoca Brands has partnered with Solv Protocol to provide Japanese institutions access to a Bitcoin-backed wrapper, according to Cointelegraph. The product is structured to generate returns in the 4% to 12% range for large holders, effectively layering yield on top of a token that otherwise provides no ongoing income. Rising retail demandThe regulator's report also details how deeply crypto has penetrated Japan’s retail market. As of October 2025, accounts at domestically registered crypto-asset exchanges had climbed past 13 million, with user deposits topping 5 trillion yen (about $32 billion). Roughly 70% of account holders fell into annual income brackets below 7 million yen (around $45,000), and more than 80% of individual accounts held less than 100,000 yen (about $640). The FSA said 86.6% of trading was driven by expectations of long-term price gains, indicating that most users view crypto primarily as an investment vehicle rather than a means of payment. Against that backdrop, the working group concluded that FIEA is a better fit than the PSA, which is geared toward payment services and anti-money-laundering (AML) controls. Shifting to the securities law would give regulators clearer authority to impose disclosure standards, govern conduct in the market, and levy penalties for unfair trading practices, the report said. The proposed framework would place heavier disclosure obligations on token issuances and initial exchange offerings (IEOs). Issuers or the listing exchanges would be required to provide key information to investors, and, in cases where an issuer does not have audited financial statements, offerings would be subject to investment limits. Crypto exchanges would face stronger due diligence requirements, tighter cybersecurity expectations, and broader insider-trading restrictions. Those rules would not only apply to employees at trading platforms but also to issuers and other insiders around listing events. Rules split for CEXs and DEXsCentralized exchanges (CEXs) would be supervised largely in line with securities firms. That would include requirements to maintain reserves or insurance to protect customer assets and expanded oversight of wallet-service providers connected to those platforms. Decentralized exchanges (DEXs), which have no central operator, would not be brought under the same regime. Instead, the FSA is proposing lighter, perimeter-based rules focused on disclosures by wallet providers and interface operators, coupled with efforts to warn users about the specific risks of trading on DEXs.  Industry participants, meanwhile, have raised concerns that licensed exchanges may face higher compliance costs in the near term as they adapt to the new regime.  Moving forward, the FSA is expected to refine the framework with an eye toward submitting a bill to the ordinary Diet session in the new year. 

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Policy & Regulation·

Apr 10, 2023

Korean Travel Rule Solution Provider Partners with ACAMS to Enhance AML Measures

Korean Travel Rule Solution Provider Partners with ACAMS to Enhance AML MeasuresConnect Digital Exchanges (Code), the Korean Travel Rule solution provider, announced today that it has forged a partnership with the Association of Certified Anti-Money Laundering Specialists (ACAMS), the largest international membership organization of its kind.©Pexels/Savvas StavrinosTravel RuleThe Travel Rule, issued by the Financial Action Task Force (FATF) to prevent money laundering and terrorist financing, requires virtual asset service providers to screen the information of the senders and recipients of crypto transactions.Code’s collaboration with ACAMSCode will collaborate with ACAMS to develop more effective anti-money laundering (AML) measures in Korea by producing anti-financial crime experts, and enhancing Travel Rule regulations. ACAMS offers internationally recognized training programs, with more than 40,000 certified AML specialists in over 175 countries and regions.More about CodeCode was jointly established by Korea’s major crypto exchanges Bithumb, Coinone, and Korbit in August 2021. Code recently published a report containing the Travel Rule operation results over the past year in Korea and its recommendations.

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