Wemade Signs MOU with Hub71 to Expand WEMIX Ecosystem in the UAE

UAE strengthens regulatory oversight of virtual asset service providersThe Central Bank of the United Arab Emirates (CBUAE) and other relevant authorities in the Middle Eastern country have issued new joint guidance for virtual asset service providers (VASPs) operating within the UAE.Photo by Thomas Drouault on UnsplashPushing back against unlicensed VASPsThese guidelines aim to prevent VASPs from operating without proper licenses in the jurisdiction, demonstrative of the country’s efforts in fighting financial crimes and maintaining the integrity of its financial system.The document outlines the penalties for VASPs operating in the UAE without a valid license. They will face civil and criminal sanctions, including financial penalties against the entity, its owners and senior managers. Moreover, the guidance cautions that licensed financial institutions (LFIs), designated non-financial businesses and professions (DNFBPs) and licensed VASPs that engage with unlicensed VASPs will be subject to law enforcement actions.The National Anti-Money Laundering and Combating Financing of Terrorism and Financing of Illegal Organizations Committee (NAMLCFTC) is the specific entity responsible for having issued the guidance in conjunction with the central bank.VASP ‘red flags’As part of those guidelines, a list of “red flags” for VASPs has been included. Through reliance on these indicators, it’s hoped that bad acting VASPs can be identified by consumers and other industry stakeholders. The document refers to red flags such as the lack of regulatory licensing, no physical presence in the UAE, pressure being applied by a platform to invest quickly and a lack of regulatory disclosure as items to look out for.Otherwise, the guidance encourages stakeholders to be suspicious of unsolicited contact being employed as a means of operation by a platform, the lack of a record of compliance, poor website and communications and the offer of unrealistic promises.Lastly, the document suggests that people should be observant of any illicit use of virtual currency, the use of fake wallets, engagement in terrorist financing and a lack of consumer protection as red flag items.The new guidance instructs all LFIs, DNFBPs and licensed VASPs to report transactions involving suspicious parties. The guidance also emphasizes that information related to unlicensed virtual asset activities can be reported through whistleblowing mechanisms.Exiting FATF ‘grey list’The release of these guidelines is part of an effort by the UAE to be removed from the Financial Action Task Force’s (FATF) “grey list.” The grey list indicates deficiencies in a country’s anti-money laundering (AML) and counter-terrorist financing (CTF) regimes.Improving control mechanisms relative to crypto has been a theme for several countries who are similarly looking to exit the FATF grey list. Last week, it emerged that Turkey is crafting new regulations governing crypto in an effort towards “grey list” removal. Earlier this year, Pakistan announced a renewed ban on cryptocurrency, as part of its efforts to remain off the grey list it had been listed on over an extended period.The UAE was placed on the FATF’s grey list in March 2022 due to AML and CTF deficiencies. However, the country made a commitment to work with the global watchdog to improve its regulatory frameworks in these areas.

China Unveils Offline SIM Card Wallet for Digital Yuan PaymentsThe People’s Bank of China (PBoC) has announced a new offline SIM card-based solution for its digital yuan, enabling users to make payments even with their phones switched off.Photo by Sumeet Singh on UnsplashEmbedded hardwareThe innovative initiative was revealed via a social media post on Monday. It aims to reach users with 2G phones who were previously unable to access digital currency.Currently, this feature is only available for Android phone users with NFC functionality, as no details have been given for iOS users or 2G phone owners. This innovation is part of the central bank’s efforts to expand the reach and usage of its digital currency, especially for users with 2G phones who were previously unable to access it.Earlier this year, the PBoC launched a similar solution for smartphone users, using near-field communication (NFC) technology. However, the latest solution relies on hardware embedded in SIM cards, which can act as a “hard” (offline) central bank digital currency (CBDC) wallet.Partnership with telecoms giantsThe central bank’s partners relative to this particular project include major telecom operators China Mobile, China Telecom, and China Unicom, as well as state-owned commercial banks Industrial and Commercial Bank of China and Bank of China, who have also introduced SIM card-based “hard wallet products.” These developments are expected to significantly improve the payment capabilities and network-free functionality of the digital yuan.To use this feature, citizens have to get a “super SIM card” from their carriers. After they have replaced their existing SIM cards and opened the digital yuan app on their phones, they will see an option to “open a SIM card hard wallet.” This will enable them to make touch-based payments to merchants even when their devices are powered off or lack network connectivity.SIM-based wallets are likely to be particularly useful for those using 2G devices or smartphones without NFC capabilities. Considering that about 20% of Chinese mobile users still use 2G phones, it would make sense for the PBoC to continue working in this direction with future updates.Driving adoptionThe ultimate plan of the PBoC regarding SIM-based wallets is not clear yet. However, recent developments, such as the pilot project in Qingdao where CBDC payments were tested on the metro system without electricity or network, indicate a strong push toward increasing the accessibility and adoption of the digital yuan.Frankly, moves to bring about adoption of the e-CNY have been nothing short of relentless. These measures have varied from paying state employees in e-CNY in Changshu, collaborating with French bank BNP Paribas so that its corporate clients start to use the digital yuan and enabling e-CNY bus fare payments on public transport in Jinan.China’s Jiangsu Province has integrated the digital yuan into its education system, while the resort city of Sanya recently introduced e-CNY ATM machines so that foreign tourists have a means through which they can access the digital currency. These developments demonstrate a clear commitment by the Chinese authorities in advancing the rollout of its central bank digital currency.

Hong Kong Deems Crypto as PropertyIn dealing with a case involving defunct Hong Kong-based cryptocurrency exchange Gatecoin, a Hong Kong judge has determined cryptocurrency as being property “capable of being held in trust.” Presiding over the case, Justice Linda Chan stated recently that Hong Kong takes a broad definition of what constitutes property.©Pexels/mitbg000Digital assets held in trustHaving expended efforts to try and recover funds from a former payments service provider that the company had partnered with, Gatecoin announced that it would shut down the business and commence the liquidation of the business in 2019. With bankruptcy proceedings being notoriously slow, that process continues today, resulting in Justice Chan’s recent determination.The notion of property held in trust is a common theme that has been explored in a number of cryptocurrency business bankruptcy processes recently, including the BlockFi, Celsius and FTX processes.Gatecoin has not proven to be any different in this regard. Liquidators had turned to the Hong Kong courts for direction as to how creditors’ digital assets, as held on the platform, should be defined. If property is deemed to have been held “in trust”, then that determination has implications for the owner of those assets relative to the bankruptcy proceedings.In the case of BlockFi, a determination was made in a US court that those who had simply custodied digital assets with the platform without earning any yield were property owners and that they should have their assets returned.The importance of Terms of Service (ToS)Alex Mashinsky, the founder and CEO of failed crypto lending competitor Celsius outlined to service users on a number of occasions that the assets remained their property even though his company used customer assets for various trading activities. The bankruptcy judge reached a different determination based on the terms of service. Service users had acknowledged in signing off on Celsius’ terms of service that assets held on the platform that accessed yield-bearing products became the property of Celsius when deposited within those products on the Celsius platform.Although it has not been dealt with yet, 1.4 million creditors relative to the bankruptcy process of failed cryptocurrency exchange FTX are likely to discover later this year if they can claim “in trust” property rights. An ad hoc group of creditors has taken legal action for the return of their digital assets on the basis of an assertion that the assets remained their property when transferred onto the platform.ImplicationsWhilst a seemingly uninteresting determination to anyone less informed about such bankruptcy proceedings, such decisions can have profound consequences. In a bankruptcy process, there is a hierarchy of creditors, with some having greater rights than others when it comes to the distribution of bankruptcy estate funds. Recognition of assets being held in trust as property would likely take those property owners out of the bankruptcy process, allowing the return of their funds (where available) while others who are classified as creditors get a distribution of whatever funds are left in the bankruptcy estate thereafter.Additional complexityGatecoin’s case was further complicated by the existence of various sets of terms of service. In two of the three instances, the court found that no trust language existed. There is one subset of creditors who may have the ability to claim their digital assets as property. The liquidators have agreed to identify them and contact them in that regard.While the process may be proving to be a minefield for Gatecoin’s creditors, it has served a broader purpose in crypto more generally as it has provided yet another opportunity for another jurisdiction, in this instance Hong Kong, to provide some more clarity with regard to the legal status and standing of cryptocurrency.