Binance’s U.S. legal woes may have repercussions for its expansion in Thailand

Qatar Criticized for Regulatory Inaction Against Crypto CompaniesThe Qatari Central Bank (QCB) has come under fire from the Financial Action Task Force (FATF) for its lack of efforts in enforcing regulations that prohibit virtual asset service providers.In a report released earlier this week, the global watchdog for money laundering and terrorist financing highlighted the need for Qatar to enhance its capabilities in effectively combating evolving forms of criminal activity, including taking action against virtual asset service providers.Photo by Akbar Nemati on PexelsContinuous improvement neededAlthough acknowledging “substantive improvements” applied to its control system, the FATF report emphasized that Qatar must further improve its understanding of more complex forms of money laundering and terrorist financing.While Qatar has shown positive progress in gathering beneficial ownership information through its unified register, which consolidates data on its citizens, the FATF report emphasized the need for stronger controls to ensure the accuracy and currency of the collected information. The report also criticized Qatar’s authorities for underutilizing their sophisticated analysis capabilities in identifying instances of money laundering.Lack of control despite VASP banDespite the Qatar Financial Centre Regulatory Authority’s (QFCRA) announcement in December 2019 that virtual asset service providers (VASPs) are not allowed within or from the Qatar Financial Centre, the country’s regulatory authority has made little progress in penalizing firms that facilitate or provide crypto asset services.Interestingly, while Qatar has banned virtual asset service providers, it has expressed interest in exploring the potential use cases of a central bank digital currency (CBDC). In June 2022, it was reported that the QCB is in the early stages of developing a CBDC.Sheikh Bandar bin Mohammed bin Saoud Al Thani, the governor of Qatar’s central bank, revealed that the QCB is evaluating the advantages and disadvantages of CBDCs and determining the appropriate technology and platform.As the country explores the potential of a CBDC, it must ensure that its regulatory framework aligns with international standards and best practices. By doing so, Qatar can strike a balance between fostering innovation in the digital currency space and safeguarding its financial system from illicit activities.Global coordinationThrough the Paris-based money-laundering watchdog, and calls from the G7, the European Central Bank, and others to regulate on a global basis, the official response to controlling digital assets and VASPs is becoming more globally coordinated. Central bankers and government officials have learned that decentralized finance has the ability to be borderless.FATF has been active in getting more countries on board. Effective from Thursday, Japan now implements FATF’s “travel rule” with respect to digital assets. That action was taken following a FATF finding that Japan wasn’t following best practice relative to anti-money laundering (AML) measures. Pakistan recently banned cryptocurrencies in an effort that appears to have been motivated by wanting to stay off the FATF’s gray list of non-compliant countries.While Pakistan managed to get itself off that list, the United Arab Emirates found itself on the gray list. The UAE’s Central Bank issued guidance on AML relative to virtual asset companies, in an effort to come back into FATF compliance.It remains to be seen how Qatar will respond to the FATF’s critique and whether it will take concrete actions to address the concerns raised. The international community will be closely monitoring Qatar’s efforts to combat financial crimes in the virtual asset sector and to establish a robust regulatory framework for its future CBDC endeavors.

Singapore Regulator Awards CMS License to AsiaNextAsiaNext, a joint venture between Tokyo-based financial services company SBI Digital Asset Holdings and Switzerland’s SIX Group AG, has received regulatory approval for its institutional-grade digital asset exchange in Singapore. The Monetary Authority of Singapore (MAS) granted AsiaNext an in-principle approval for a Capital Markets Services (CMS) license, marking a significant milestone for the company.Photo by Davis Sánchez on PexelsTaking to LinkedIn last week, the firm said that the achievement is a testament to the efforts it has made in terms of rigorous regulatory compliance. With this CMS license, AsiaNext is poised to become a trusted digital asset exchange catering specifically to institutional investors in Asia and globally. The joint venture, which was finalized in September 2021, brings together the expertise and networks of SBI Digital Asset Holdings and SIX Group AG to meet the growing demand for trading public and private digital assets.Singapore-based joint ventureChong Kok Kee, appointed as the CEO of AsiaNext in March 2022, and Neil Thomas, serving as the Chief Commercial Officer, lead the team. Their combined experience in the financial industry positions AsiaNext to deliver a comprehensive suite of services that meet the rigorous standards of institutional investors.The primary goal of AsiaNext is to bridge the gap between traditional finance and the digital asset space. Chong emphasized the importance of a secure, transparent, and compliant platform that instills confidence in market participants during an interview with Hubbis in 2022. The exchange aims to provide integrated listing, trading, and post-trade services for various digital assets, including digital payment tokens.AsiaNext recognizes the increasing demand for trading digital assets among institutional investors. To address this demand, the joint venture will leverage the extensive networks and expertise of SBI Digital Asset Holdings in Asia and SIX Digital Exchange in Switzerland and Europe. Both partners have already demonstrated their leadership in global digital asset markets through investments, issuances, and initiatives.By securing the CMS license, AsiaNext, which is based in Singapore, has taken a crucial step towards becoming a trusted platform for institutional investors in Singapore and beyond.SBI partnershipsFor its part, SBI has favored joint ventures and partnerships when it comes to its increasing involvement in the digital assets space. It has entered into a joint venture with Zodia Custody, a digital assets custodian which has been spun up by UK-based financial services giant Standard Chartered, to take on the Japanese market. Additionally, it has increased its shareholding in the custodian in recent months.Its crypto exchange subsidiary, SBI VC Trade, recently formed a partnership with the project team behind the XDC Network blockchain with a view towards making inroads into the Japanese market.AsiaNext is now focused on preparing for the launch of its digital asset exchange, which is scheduled to commence later in 2023. Having now established itself on a firm regulatory footing, and the support of its strategic partners, AsiaNext appears to be well-positioned in meeting the evolving needs of institutional investors in the Asian region.

Singapore’s Terraform Labs, the company founded by incarcerated crypto entrepreneur Do Kwon, has filed for Chapter 11 bankruptcy protection as a mechanism to shield itself from potential severe penalties in the U.S. Securities and Exchange Commission's (SEC) securities fraud lawsuit.Photo by Melinda Gimpel on UnsplashPursuing an appealThe bankruptcy filing, submitted on Tuesday in the U.S. Bankruptcy Court for the District of Delaware, aims to allow Terraform Labs to pursue an appeal against the SEC's allegations. In the filing, Terraform Labs CEO Chris Amani emphasized the critical nature of the bankruptcy protection for the company's ongoing operations, preservation of value for creditors, including the Terra community, and the pursuit of an appeal against the SEC enforcement action. Amani expressed concerns that, without Chapter 11 protection, the company could face liquidation after the trial, forfeiting its right to appeal and leading to disastrous consequences for its business. Having acted as Terraform’s chief operating officer earlier in 2023, last July Amani was appointed as the firm’s CEO. Protection afforded by Chapter 11The estimated assets and liabilities of Terraform Labs fall between $100 million and $500 million, as disclosed in the firm’s bankruptcy filing earlier this month. Amani highlighted the potential financial strain resulting from a substantial money judgment, indicating that the company might not be able to satisfy such a judgment or post the necessary supersedeas bond for an appeal, a bond that must be provided by a petitioner who attempts to have a judgment set aside, without the protection afforded by Chapter 11. The SEC charged Terraform Labs and former CEO Do Kwon with securities fraud in February 2023, accusing them of orchestrating a "multi-billion dollar crypto asset securities fraud." The Commission claimed the company raised billions from investors through unregistered transactions, offering an interconnected suite of crypto asset securities. Terraform Labs disputes the SEC's summary judgment decision, asserting that the cryptocurrency tokens in question are not securities under the Acts and that the SEC's jurisdiction is not applicable. The potential consequences of liquidation extend beyond the company itself, impacting hundreds of thousands of Luna cryptocurrency holders, the same individuals the SEC purportedly seeks to protect. Luna operates on the Terra blockchain maintained by Terraform Labs. Terraform Labs, known for the algorithmic stablecoin TerraUSD and its sister cryptocurrency Luna, filed for bankruptcy protection in the wake of the infamous collapse of both in May 2022. The SEC's case stems from that $40 billion collapse of TerraUSD and a previous version of Luna, accusing Terraform Labs and Kwon of misleading investors about the stability of TerraUSD. Kwon was arrested in March of last year in Montenegro for using false documents. He is currently detained in Montenegro, following his attempt to travel to Dubai with a fake Costa Rican passport. The Terraform founder is currently awaiting extradition to either the United States or South Korea. Both Do Kwon and Terraform Labs deny committing fraud, with the SEC trial scheduled to commence in New York in late March.