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The Philippines Forging Crypto Reg. Path US Could Learn From

Policy & Regulation·April 10, 2023, 3:32 AM

The Philippines has demonstrated best practice in operating a sensible regulatory framework relative to cryptocurrency while the United States has erred by engaging in regulation via enforcement while responding after the horse has bolted in relation to a string of crypto company collapses. That’s according to Robert De Guzman, Head of Legal Compliance at Philippines-based cryptocurrency exchange Coins.ph.

©Unsplash/C Bueza

In an opinion piece published in Forkcast News on Tuesday, De Guzman lays out his view as to what’s required in terms of regulation, while drawing comparisons between the application of regulation relative to crypto in both jurisdictions.

 

The need for “sensible” regulation

De Guzman believes that the crypto industry’s recent failures are a wake-up call for the whole sector. Losses of billions of dollars affected Celsius Network, BlockFi, Voyager Digital, Genesis, and FTX, and led to Silvergate, Silicon Valley Bank (SVB), and Signature banks’ collapse in a week. To maintain consumers’ trust, he believes that sensible regulation is necessary for the crypto exchanges dealing with digital assets.

The legal compliance expert cites the FTX collapse. FTX’s Sam Bankman-Fried’s empire was among the largest collapses. FTX pretended to support regulation, but its true nature was an offshore exchange for global clients. Nonetheless, some businesses act on their regulation support by acquiring licenses and complying with central bank audits in the countries of operation.

 

State-level and industry-level regulation

The crypto industry being open to self regulation is one element of the solution, he says. Regulators must proactively protect their consumers from scams and business failures, not just clean up the mess after millions of people have been harmed.

 

Regulatory failures

De Guzman points the finger at reactionary regulatory action. Regulators filed charges against crypto industry founders after their collapse. Previously, they missed the problems of the largest companies. FTX, based in the Bahamas, was mismanaged, and American regulators only responded after customer issues. Regulations by enforcement, preferred in several countries, wait for failure to happen before taking action. Over-regulation through enforcement pushes platforms offshore, where Wild West-type environments thrive, with clear consequences.

Regulators in some countries focus on surface-level questions, like which tokens should be considered securities, while others, like in the Philippines, prioritize execution-level details to protect consumers. Anti-money laundering measures and custody are core issues, with the G-7’s Financial Action Task Force’s Travel Rule likely to be more strictly applied. Active regulation and audits are needed to ensure financial platforms act responsibly with customer deposits. Basic rules need to be put in place through a licensing regime, followed by regulation of market practices like commingling of assets, self-dealing, and trading against customers.

 

The Philippines sensible approach to regulation

The Coins.ph legal guru holds out his home country as exemplary in terms of its approach to regulation. The Philippines’ regulatory regime requires a virtual asset service provider (VASP) license to operate a crypto exchange, as well as additional licenses for other services. The country’s central bank, BSP, directly regulates all crypto exchanges and expands its crypto regulations to adapt to market needs. KYC processes in the Philippines require recognition of valid ID documents from across 82 provinces.

Additionally, the BSP expects the industry to cooperate in quarterly audits where they share balance sheet information and disclose digital assets in hot and cold wallets. Regulators in the Philippines are proactive and knowledgeable about the crypto space, which sets a sensible framework based on customer protection.

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Web3 & Enterprise·

Jul 25, 2023

Top Korean Crypto Exchanges Witness Surge in Listings and Delistings During H1

Top Korean Crypto Exchanges Witness Surge in Listings and Delistings During H1In the first half of this year, South Korea’s top five cryptocurrency exchanges experienced notable growth in the number of newly added cryptocurrencies to their platforms. However, they also observed a significant surge in the number of cryptocurrencies being delisted.Photo by Shubham Dhage on UnsplashDelisting and listingAccording to a report by local news outlet Etoday, the nation’s five leading exchanges Upbit, Bithumb, Coinone, Korbit, and Gopax ceased trading for a total of 51 cryptocurrencies during the first six months of this year. This marked an 88% increase compared to the 27 cryptocurrencies delisted in the previous six-month period. During the first half of last year, the number of delisted tokens was 48.Among the five exchanges, Coinone took the lead by delisting the highest number of cryptocurrencies, totaling 24. Bithumb followed with 14 delisted tokens, Gopax with six, Upbit with five, and Korbit with two. Notably, Coinone continued its delisting spree this month, removing an additional five cryptocurrencies from its platform. Most cryptos were delisted because their projects and services were not operating normally.The significant number of delisted tokens at Coinone appears to be linked to the involvement of its former employees in the unlawful listing of certain tokens. These individuals reportedly received bribes in exchange for listing a total of 46 cryptocurrencies on the trading platform. Among these tokens were PICA and PURE, which are no longer traded on the exchange.Only five cryptocurrencies were delisted according to the decision made by the Digital Asset eXchange Alliance (DAXA), a self-regulatory group consisting of the aforementioned five crypto exchanges. The delisted tokens were REP, BASIC, OMG, SRM, and PCI. This indicates that most of the affected cryptocurrencies were exclusively traded on one of the DAXA member exchanges, indicating that DAXA’s listing and delisting guidelines were largely ineffective.Meanwhile, there has been a notable surge in the number of newly added cryptocurrencies. Bithumb, for instance, took the lead by listing an impressive 63 new tokens, nearly three times the number listed by Upbit (22). In the same vein, Coinone added 14 tokens, while Korbit and Gopax followed with six and three new listings, respectively.Profit squeezeLast year, crypto trading platforms adopted a conservative approach when it came to listing and delisting procedures, prioritizing investor protection. However, their stance shifted as the global crypto market encountered a significant decline in trading volume amid crypto winter. This decrease in trading activity subsequently led to reduced operating profits, compelling the platforms to list more cryptocurrencies.With the exception of Upbit, which maintains a dominant market share in the nation, the outlook on crypto exchanges appears more or less grim. In particular, Coinone, Korbit, and Gopax are in the red. Bithumb, while still in profit, saw its operating profit last year falling 80% year-over-year to 163.5 billion KRW ($127.9 million). This trend continued this year, with Bithumb’s operating profit In the first quarter of this year recording 16.2 billion KRW, an 80% decrease compared to the same period last year.In light of this development, an industry insider, who wished to stay anonymous, told Etoday that while the market’s total trading volume is witnessing a considerable decline, Upbit’s dominance is still growing. This individual also noted that the decrease in trading volume and the resulting deficit are exerting pressure on exchanges to expand their cryptocurrency listings.

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Policy & Regulation·

Apr 13, 2023

Hong Kong Reiterates Web3 Credentials and Commitment

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Policy & Regulation·

Nov 07, 2024

Crypto community optimism across Asia following Trump’s election victory

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