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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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Policy & Regulation·

Jun 28, 2023

Korea’s Most Populated Province to Conduct Survey on Unfair Crypto Trading

Korea’s Most Populated Province to Conduct Survey on Unfair Crypto TradingGyeonggi-do, the most populated South Korean province that encircles the nation’s capital of Seoul, announced today a plan to conduct a survey among its residents later this year to assess their experiences with unfair cryptocurrency trading practices.Photo by mockupbee on UnsplashRising crypto-related complaintsThe decision to conduct this survey was prompted by the increasing number of residents experiencing unfair losses from cryptocurrency investments amid an economic slowdown. Last year, the consumer counseling center in Gyeonggi-do received 448 complaints related to crypto assets, which was more than triple the number in 2020.The objective of the survey, which will run from August to November, is to gather data on residents’ perceptions of crypto assets, their methods of accessing them, the types of investment victims, and the extent of investment losses. To obtain a comprehensive understanding of the current situation, Gyeonggi-do will also analyze complaints from the past three years and establish appropriate response measures.In-depth interviewsIn addition to the survey, Gyeonggi-do plans to conduct in-depth interviews with victims by making visits and phone calls. The provincial government aims to categorize each case into major groups such as illicit pyramid schemes, suspicious investment advice channels, illegitimate fund-raising activities, market manipulations, and fake crypto sales.Legislation in progressMeanwhile, the Virtual Asset User Protection Bill is currently undergoing the legislative process in the National Assembly. Gyeonggi-do is committed to devising appropriate consumer protection policies within its jurisdiction to safeguard residents and prevent further damages until the act becomes effective. Cases of unfair trading practices uncovered during the survey will undergo legal reviews and may result in fines or lawsuits.Heo Seong-cheol, the head of the Fair Economy Division at the Gyeonggi-do government, expressed the province’s dedication to minimizing financial losses incurred by consumers due to criminal activities in the crypto industry. He said the survey will provide valuable insights to the local government, enabling them to gain a comprehensive understanding of the current situation regarding unfair crypto trading practices and take necessary actions.

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Policy & Regulation·

Apr 25, 2023

China to Pay State Employees in Digital Yuan

China to Pay State Employees in Digital YuanChina is making its biggest push yet to facilitate greater use of its central bank digital currency (CBDC), the digital yuan (e-CNY).©Pexels/RODNAE ProductionsThe eastern city of Changshu is gearing up to commence paying state employees in the city in e-CNY. According to an announcement made by the city’s finance bureau on Sunday, the civil servants will start to receive e-CNY as payment in May. The measure will also impact journalists working for state media, medical staff, technicians and schoolteachers.Advancing a cashless societyThrough a proliferation in the use of digital money such as that offered via WeChat Pay and AliPay, China is already well on its way towards being a cashless society. However, this latest move with the e-CNY is another major step in that direction.In a separate announcement on Sunday, the administrators of the city of Xuzhou, which like Changshu is also located within Jiangsu province, said that Xuzhou is in the process of publishing a pilot scheme which will set out a means for promoting China’s e-CNY digital currency. Meanwhile another Jiangsu province city, Suzhou, was one of the first locations in China to run a digital yuan pilot scheme in April 2020.Previously local government authorities in cities like Shenzhen and Beijing have experimented with using the currency, offering free digital yuan to citizens to spend, in an effort to popularize the digital currency.Changshu had already been using the currency for the best part of a year to make overtime payments to 4,900 state enterprise employees. Additionally, the city administrators had introduced it to pay subsidies, including payments to tech companies, payments related to housing and transport for local government workers. While there’s every likelihood that this latest measure could be applied on a province-wide basis, there has as yet been no direct confirmation of such an eventuality.Privacy concernsThe Chinese government maintains that further introduction of the e-CNY will lead to an improvement for citizens in terms of privacy. Beijing maintains that the large tech platforms like WeChat Pay and AliPay will have no access to the transaction data of individuals and companies. However, that data will find itself directly in the hands of the Chinese government. Given the totalitarian nature of governance in China, it’s hard to imagine how that could be a positive outcome for Chinese society.International currencyOriginally known as DCEP, work on the digital currency began in China in 2014. The Chinese are among a growing list of countries that are understood to be unhappy with the need to use US dollars for international trade given that the dollar is the global reserve currency.That discontent has grown further as a direct response to greater use of sanctions by the United States, and particularly the seizure of Russian sovereign funds held in dollars. Furthermore, the weaponization of the SWIFT payments system exemplified through the exclusion of countries like Russia and Iran is also believed to have been a catalyst for greater development of the e-CNY.

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Policy & Regulation·

May 17, 2023

Korean Blockchain Game Publisher Joins UNGC to Bolster ESG Management

Korean Blockchain Game Publisher Joins UNGC to Bolster ESG ManagementWemade, a Korean blockchain game publisher, joined the United Nations Global Compact (UNGC) to bolster its environmental, social, and governance (ESG) management. The company announced its membership through a press release issued on Wednesday.Photo by Noah Buscher on UnsplashUNGC membershipSince its establishment in 2000, the UNGC has evolved into the largest corporate sustainability initiative worldwide. With a membership base of over 20,000 companies spanning across 162 countries, it serves as a platform for organizations to align their operations with ten principles encompassing human rights, labor, environment, and anti-corruption.Annual reportsUnder the guidelines of the UNGC, Wemade will fulfill its commitment by submitting an annual report called the Communication on Progress (COP). The company’s objective is not only to meet sustainable development goals but also to enhance its ESG management. Along with these endeavors, the company will strive to improve its corporate citizenship.ESG managementIn expressing his thoughts on the matter, Wemade CEO Chang Hyun-guk emphasized that the company’s inclusion in the UNGC would serve as a catalyst for driving sustainable growth through ESG management. He underscored its commitment to fulfilling corporate social responsibility and meeting global standards by practicing ESG management, given its position as a leading entity in the blockchain market.Wemade’s three main objectivesMeanwhile, Wemade is practicing ESG management centered on three main objectives: responsible environmental management, inclusive growth for future generations, and transparent governance.

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