Top

Korea’s Virtual Asset User Protection Act to Take Effect in July Next Year

Policy & Regulation·July 06, 2023, 3:24 AM

The Virtual Asset User Protection Bill was passed during the South Korean National Assembly’s plenary session last Friday, according to a report by news agency Newsis. The legislation aims to safeguard customer assets, establish regulations against unfair trading practices, and enforce penalties. The act is scheduled to take effect one year after its passage.

Photo by KS KYUNG on Unsplash

 

Definition of virtual assets

Under the act, a virtual asset is defined as a digital representation of economic value that can be digitally traded or transferred. It’s important to note that central bank digital currencies (CBDCs) are not considered virtual assets. Virtual assets with characteristics of securities will initially fall under the jurisdiction of the Capital Market Act.

 

Roles of Korea’s central bank

The act grants the Bank of Korea (BOK) the authority to request data and information from virtual asset service providers (VASPs). This provision is deemed necessary for the Korean central bank to formulate monetary and financial policies, despite virtual assets not being equivalent to traditional currencies.

 

Responsibilities of VASPs

Moreover, VASPs are obligated to segregate users’ virtual assets from their own holdings. VASPs are also required to reserve the same type and quantity of virtual assets entrusted by users and maintain a certain proportion of these assets in a cold wallet, which is an offline storage solution.

Unfair trading practices will be regulated in a similar manner as outlined in the Capital Market Act. The act specifically prohibits the use of undisclosed information, price manipulation, fraudulent transactions, and trading of self-issued virtual assets. VASPs are barred from suspending deposits and withdrawals without legitimate reasons. They are also mandated to monitor suspicious transactions and take appropriate measures to safeguard users. Any suspected unfair trading practices must be promptly reported to financial authorities. Violators of these rules may face criminal penalties, liability for damages, and potential class action lawsuits.

 

Powers of financial authorities

The act also clarifies the powers of financial authorities in supervising, inspecting, and taking action against virtual asset operators. Unfair trade practices can result in imprisonment for more than one year (up to 10 years for violations related to self-issued virtual assets) or fines ranging from three to five times the illicit gains. Assets acquired through unfair trade practices will be confiscated, or an equivalent value will be charged if confiscation is not feasible.

 

Impact on crypto investigations

The absence of legislation directly addressing unfair trading practices in the virtual asset market has posed challenges for prosecutors. They had to rely on existing statutes related to fraud, the capital market, and financial investments. Once the new act takes effect, prosecutors will no longer need to determine whether a virtual asset qualifies as a security or not.

Regarding this development, a prosecutor told local legal news outlet Law Times that the implementation of the new act will escalate prosecutorial investigations into cryptocurrency incidents.

Meanwhile, the individuals behind the crash of Terraform Labs’ stablecoin TerraUSD and its sister coin Luna will not be subject to this act due to the legal principle of nulla poena sine lege, which prevents the retrospective enforcement of criminal laws. Do Kwon, co-founder of Terraform Labs, was recently sentenced to four months in prison by a Montenegrin court for passport forgery after being arrested in March. The other co-founder, Daniel Shin, has been indicted by prosecutors in Korea.

More to Read
View All
Policy & Regulation·

Feb 09, 2024

Settlement approved but sealed by judge in BlockFi-3AC case

A settlement agreement between failed crypto lender BlockFi and bankrupt Singaporean crypto hedge fund Three Arrows Capital (3AC) has received approval from a U.S. judge. However, the specifics of the settlement remain sealed, citing concerns raised by yet another failed crypto platform, FTX. Dispute resolvedDuring a hearing on Feb. 6, New Jersey Bankruptcy Court Judge Michael Kaplan resolved the dispute, which saw BlockFi claiming $129 million owed by 3AC, while the Singapore-based firm contended that BlockFi owed it $280 million. Judge Kaplan's decision to keep the settlement agreement sealed stemmed from a perspective that unsealing it would be counterintuitive. BlockFi had filed a motion to seal the settlement terms last month. The U.S. Trustee objected to the seal, asserting that the debtors hadn't provided sufficient justification for sealing the agreement.Photo by mk. s on UnsplashSensitive settlement termsBlockFi justified the need for confidentiality, citing the sensitive commercial nature of the terms, which could potentially impact ongoing litigation involving FTX. The approval of the settlement now paves the way for BlockFi to proceed with distributions from the lending estate to its 100,000 creditors, with the firm owing up to $10 billion. Central to the dispute were preferential payments, transactions made just before bankruptcy that could have given the recipient more than they would have received through court proceedings. The resolution of counterclaims between BlockFi and 3AC follows mediation ordered by Judge Kaplan in October, likely culminating from a two-day hearing starting on Jan. 5 aimed at resolving the matter conclusively. This settlement follows another agreement between 3AC and Genesis, settling $1 billion in claims by 3AC. The company filed for bankruptcy in July 2022, attributing the extreme fluctuations in cryptocurrency markets as the reason for its collapse. Projected 46% 3AC creditor recoveryAccording to a December report to creditors by Teneo, it's estimated that 3AC creditors will receive approximately 45.74% of their claims from the bankrupt estate. As of Dec. 18, 2023, 3AC's assets were valued at $1.16 billion, while recognized claims for distribution stood at $2.7 billion. In an ongoing effort to secure 3AC's assets, a British Virgin Islands (BVI) court froze $1 billion in assets belonging to 3AC's founders, amid the liquidation process. This move is part of a broader strategy to seek recoveries from the founders and Kelly Chen, wife of one of the co-founders. 154 claims totaling $3.4 billion were filed against the 3AC estate, with $200 million not admitted for distribution and $322 million rejected or expected to be rejected. Additionally, claims worth $76 million are currently under dispute. BlockFi, along with eight affiliates, filed for Chapter 11 bankruptcy in November 2022. The firm cited significant exposure, including obligations owed to BlockFi by FTX-linked hedge fund Alameda Research, assets on the FTX platform and an undrawn credit line from FTX. 3AC’s collapse in June 2022, followed by FTX's downfall, led to BlockFi's bankruptcy filing in late November 2022. In a separate development, OPNX, a crypto bankruptcy claims platform launched by 3AC co-founders Su Zhu and Kyle Davies, announced its cessation of operations, with plans to shut down by Feb. 14.  

news
Policy & Regulation·

Oct 25, 2023

China Makes History by Settling Cross-Border Oil Deal with Digital Yuan

China Makes History by Settling Cross-Border Oil Deal with Digital YuanThe digital yuan, China’s central bank digital currency (CBDC), also known as e-CNY, was used for the first time to settle a significant oil transaction.Chinese state-owned media outlet China Daily reported on Saturday that the Shanghai Petroleum and Natural Gas Exchange (SHPGX) revealed on October 20 that PetroChina International, a subsidiary of the China National Petroleum Corporation (CNPC), successfully acquired 1 million barrels of crude.Photo by engin akyurt on UnsplashAdvancing e-CNY use internationallyThis transaction is a response to the call by the Shanghai Municipal Party Committee and Municipal Government to incorporate the digital yuan into international trade, marking a noteworthy stride towards the broader adoption of the digital currency.The exact seller and price details for the deal were not disclosed. This historic crude oil transaction signals not only the increasing use of the digital yuan in global trade but also a noteworthy step in the movement towards de-dollarization. Reports from China Daily suggest that the use of the yuan in cross-border settlements experienced a remarkable 35% year-on-year increase in the first three quarters of 2023, reaching a total of $1.39 trillion.This milestone isn’t the first time the yuan has been utilized in the energy sector. In March, the yuan was first used in a liquefied natural gas (LNG) purchase on the SHPGX, as French TotalEnergies reached an agreement to sell LNG to the China National Offshore Oil Corporation (CNOOC). Recently, another LNG deal was executed between CNOOC and French Engie, although these transactions did not involve the digital yuan.In parallel developments, First Abu Dhabi Bank announced on October 19 that it had established an agreement on digital currency with the Bank of China during the third Belt and Road Forum for International Cooperation. China and the United Arab Emirates, including Abu Dhabi, are participants in the mBridge platform designed to facilitate cross-border transactions using CBDCs. The mBridge platform is expected to launch as a minimum viable product in the coming year.Furthering mass adoptionThe Chinese authorities are taking several distinct approaches in furthering mass adoption of the e-CNY. The Chinese subsidiaries of both Singapore’s DBS Bank and France’s BNP Paribas have recently partnered with the People’s Bank of China to enable their international clients operating in China to use the digital yuan.A long list of initiatives have been taken within mainland China by regional governing authorities to further the use of the CBDC. To further enable mass adoption at home, a new offline SIM card-based digital yuan wallet was developed and launched earlier this year.The successful use of the digital yuan in settling this oil deal represents a significant step forward in the internationalization of China’s currency and the growing influence of CBDCs on the global economic stage. As the world watches these developments unfold, the digital yuan continues to make strides towards becoming a crucial means of exchange in international trade and finance.

news
Web3 & Enterprise·

Aug 23, 2024

DBS Bank pilots government grants on blockchain

Singapore’s DBS Bank, the largest bank in Southeast Asia with assets totaling $739 billion, has launched a pilot project that utilizes blockchain technology for the purpose of distributing government grants. According to a report from Fintech News Singapore, the bank has partnered with Enterprise Singapore (EnterpriseSG) and the Singapore Fintech Association (SFA) to establish the pilot program. The objective is to realize greater efficiency, governance and user experience where programmable grant disbursements are concerned, as a direct consequence of bringing blockchain technology into the equation. Purpose-bound money The pilot program relies on the use of a protocol known as purpose-bound money (PBM). A whitepaper relative to PBM was first published in 2023 by the Monetary Authority of Singapore (MAS). In developing the protocol, MAS had collaborated with DBS, alongside Amazon, the International Monetary Fund (IMF), the Bank of Korea, Banca d’Italia and JPMorgan-owned blockchain platform Onyx. PBM enables the sender of funds to specify certain conditions relative to funds released. This may include such items as validity periods or a set of controls on how funds can be spent by the recipient. Such conditions can be programmed in through the use of smart contracts. Baking specific parameters in from the outset in turn empowers the distributor to automate disbursements to beneficiaries. With disbursements automated, the process realizes efficiency gains. Manual oversight can be cut out of the process entirely.  DBS noted a previous program established during the Singapore Fintech Festival in 2023. It involved 27 local fintech firms. Prominent among them were Advance Intelligence, Experian Singapore, Intersystems, Dobin and Aspire. DBS Bank effected such payments over its permissioned blockchain, ensuring that specified recipients received the grants only when specific parameters had been met. SFA President Shadab Taiyabi commented on the pilot project, stating:“The solution is designed to streamline business grant disbursements that enables local companies to receive payouts more quickly and efficiently, providing them with additional capital to expand their key business areas.” Taiyabi added that the SFA will continue to support collaborations between the public and private sectors relative to programmable grant disbursements as Singapore works towards its Smart Nation objectives.Photo by Mike Enerio on UnsplashEfficiency gains Han Kwee Juan, DBS Bank’s country head, emphasized the efficiency gains, stating: “Smart contract technology automates and streamlines grant disbursements for government agencies to enable faster, more secure disbursements and payments.” While DBS has progressed this project as a consequence of its collaboration with MAS on PBM, the bank has also been working with the Singaporean regulator on Project Orchid, a project which aims to progress technology and competencies relative to the development of a digital Singaporean dollar. Similarly, it has participated in Project Guardian, an asset tokenization initiative between policymakers and the financial industry. Earlier this month, DBS entered into a collaboration with Ant International, the international division of the Ant Group which in turn is an affiliate of Chinese e-commerce behemoth, Alibaba, with the aim of providing treasury tokens to improve treasury and liquidity management. 

news
Loading