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India’s FIU moves to block overseas exchanges

Policy & Regulation·December 30, 2023, 2:09 AM

In a widening crackdown on overseas crypto exchanges operating illegally in India, the Financial Intelligence Unit (FIU) has issued “compliance show-cause” notices to some of the leading global crypto platforms.

 

In a statement published by the FIU on Thursday, the agency outlined that it has issued compliance show-cause notices to nine offshore virtual digital assets service providers. These include Bitfinex, Bittrex, Binance, Bitstamp, Gate.io, Huobi, Kraken, Kucoin and MEXC Global.

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Photo by Naveed Ahmed on Unsplash

Request to block URLs

The FIU has also called on the information ministry to block the URLs of these entities, citing their non-compliance with Anti Money Laundering (AML) and Counter Financing of Terrorism (CFT) frameworks. The FIU is a national agency tasked with receiving, analyzing and disseminating information to enforcement agencies where suspect financial transactions are concerned.

 

The move comes as part of India’s broader efforts to tighten oversight of the digital asset sector. Earlier this year, the government imposed money-laundering provisions on the crypto industry, aligning its regulations with those of other nations. In 2022, local crypto exchanges were dealt a significant blow with the introduction of a transaction tax, leading to a sharp decline in trading volumes.

 

Unregistered platforms

According to the FIU statement, offshore entities, despite serving a substantial number of Indian users, were operating without proper registration under AML and CFT frameworks. To address this, the FIU issued show-cause notices — a formal request for entities to demonstrate compliance with Indian laws when suspected of misconduct.

 

It emerged earlier this month that in excess of 28 crypto platforms had registered with the FIU. Those compliant platforms were largely native Indian businesses. If the FIU’s recommendation is followed and in due course, URL access to the cited overseas exchanges is blocked, this could potentially be a boon for complaint platforms like WazirX, CoinDCX and ZebPay, at least in the short term.

 

India’s actions against Binance, in particular, are not new. In 2021, the country’s anti-money laundering agency was reportedly investigating Binance’s potential involvement in a case related to betting apps. Binance, the world’s largest crypto exchange, has faced increasing regulatory pressure globally. In November, the company agreed to a $4.3 billion settlement, pleading guilty to anti-money laundering and U.S. sanction violations. As part of the settlement, CEO Changpeng Zhao agreed to step down.

 

Community reaction

News of this development has caused some disquiet among Indian crypto advocates. However, taking to social media, Web3 marketer Abhinav Kumar wrote:

 

“This isn’t a sign that crypto trading is suddenly going to be banned. . . . It’s a routine thing. The government wants to make sure foreign companies play by the same rules as Indian ones. That’s fair enough! Also remember India has over 20 million crypto investors now.”

 

Leading crypto adoption

Despite regulatory challenges, India has emerged as a significant player in the global crypto market. Chainalysis’ 2022 global crypto adoption index ranked India as the top country by raw estimated transaction volume, second only to the United States.

 

Responding to the growing crypto adoption, India is actively working on a regulatory framework based on joint recommendations from the International Monetary Fund and the Financial Stability Board. The government’s actions underscore its commitment to ensuring compliance within the crypto sector and aligning with international standards.

 

 

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Policy & Regulation·

Nov 03, 2023

Hong Kong unveils comprehensive tokenization regulations

Hong Kong unveils comprehensive tokenization regulationsChristopher Hui, Hong Kong’s Secretary for Financial Services and the Treasury, shared a roadmap for upcoming regulations within the tokenization sector during his address at the Hong Kong Fintech Week 2023.Photo by Simon Zhu on UnsplashJPEX no hindrance to Web3 growthHui’s announcement at the event on Thursday comes on the heels of the JPEX scandal, a Dubai-based crypto exchange that collapsed amid allegations of having defrauded Hong Kong-based platform users. Hui emphatically stated that the JPEX incident would not deter Hong Kong’s commitment to expanding the Web3 market. Hui stated:“We’ve been asked many times whether JPEX will affect our determination to grow the Web3 market — the answer is a clear ‘no.’”In June, Hong Kong implemented new regulations for cryptocurrency exchanges, opening up locally regulated crypto trading services to retail customers via virtual asset service providers (VASPs). However, the majority of the forthcoming regulatory efforts will extend beyond the crypto sector, focusing on areas such as token issuance, wallets and other related components.Regulatory impact on TradFi and DeFiHui indicated the intention to expand virtual asset regulations, suggesting a potential impact on decentralized finance (DeFi). The planned regulations within the tokenization domain are poised to influence not only the crypto industry but also traditional finance (TradFi).These regulations include the issuance of a circular concerning intermediaries engaging in tokenized securities. Additionally, they entail a circular regarding the tokenization of Securities and Futures Commission (SFC)-authorized investment products. Lastly, they’re inclusive of consultations with banks on digital asset custody services with the involvement of the banking regulator. Furthermore, a joint consultation on stablecoin regulations will be issued by the Treasury and the Hong Kong Monetary Authority (HKMA).Focus on positive impact of tokenizationEddie Yue, CEO of the HKMA, echoed Hui’s sentiments by discussing the positive impact of tokenization. He anticipates that tokenization will fuel the adoption of blockchain payments, particularly involving stablecoins and tokenized deposits. Yue believes that central bank digital currencies (CBDCs) will serve as the foundation and a crucial element for achieving interoperability within this ecosystem.He emphasized the need to tackle crucial questions, such as the legal definitions of tokenized securities and whether Delivery versus Payment (DvP) can be successfully implemented for tokenized securities. Additionally, Yue pointed out the intricate legal considerations and interoperability challenges that are currently being discussed within the central bank community.First tokenized green bond issuanceYue also highlighted Hong Kong’s first-of-its-kind issuance of tokenized green bonds in February and revealed that discussions with the industry are already underway for the next bond.“We, ourselves, assisted the government to issue the world’s first-ever tokenized government green bond earlier this year in order to demonstrate the compatibility of Hong Kong’s legal and regulatory environment with this very new issuance format,” he stated. However, despite the promising outlook, Yue remained grounded on the subject, acknowledging the significant challenges in the tokenization landscape.In a related development, HSBC recently disclosed that it is conducting experiments with tokenized deposits in collaboration with Ant Group as part of the HKMA sandbox.

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Web3 & Enterprise·

Feb 03, 2024

3AC-founded OPNX Exchange announces closure

In a recent announcement OPNX, the Seychelles-incorporated cryptocurrency bankruptcy claims platform co-founded by the creators of the now-defunct hedge fund Three Arrows Capital (3AC), has revealed its decision to cease all operations.Photo by Kelly Sikkema on UnsplashFebruary 14 shutdownIn a message to its users, subsequently shared on social media on Thursday, the OPNX team expressed its commitment to ensuring an orderly closure, urging users to settle all positions by Feb. 7 and withdraw their funds from the platform before Feb. 14, as all withdrawal functionality will be disabled thereafter. The team expressed gratitude to the OPNX community, acknowledging their dedication and trust throughout the platform's existence. Short for "Open Exchange," OPNX served as both a hybrid bankruptcy claims platform and a crypto exchange, enabling users to trade creditor claims of bankrupt crypto companies. The origin of OPNX can be linked to two defunct crypto entities — Coinflex and 3AC. Seychelles-based Coinflex was a crypto yield platform that was forced to suspend withdrawals in June 2022. It subsequently entered into a bankruptcy process. Coinflex co-founder Mark Lamb joined forces with 3AC’s Kyle Davies and Su Zhu to found OPNX. In October, Coinflex creditors sued Lamb, alleging that he had appropriated Coinflex's intellectual property, customer base, employees and technology to establish OPNX. Mired in problemsWithin its short existence, OPNX has been mired in problems. From the very outset, there was little goodwill for the new venture, given that many crypto sector participants took a dim view of Zhu and Davies due to the turmoil the collapse of 3AC caused within the industry. In April of last year, OPNX claimed to have significant venture capital backing, only for many of the VC entities mentioned to quickly deny such claims subsequently. The following month, the local regulator in Dubai, the Virtual Assets Regulatory Authority, formally reprimanded the OPNX founders for promoting an unregulated business within the Emirate of Dubai. In August, it emerged that VARA had hit OPNX and its founders with a hefty fine. Following the closure announcement, the native OX token of OPNX experienced a significant price decline. Over the course of the past 24 hours, the token unit price has fallen 13.6% to $0.007981. The failure of 3AC led to Teneo, the firm responsible for liquidating 3AC's assets, subpoenaing Zhu and Davies for concealing details of their physical whereabouts through messages on social media platform X. The closure of OPNX adds to the challenges faced by Zhu and Davies, as Teneo is actively seeking to recover $1.3 billion directly from the co-founders. The claim asserts that Zhu and Davies engaged in substantial leverage with investor funds after the insolvency of their hedge fund. In September 2023, Singapore's central bank issued nine-year prohibition orders against Davies and Zhu, citing alleged violations of the country's securities laws at Three Arrows Capital. All the while, crypto community sentiment remains negative where OPNX and its founders are concerned. Taking to social media, Ikigai Asset Management’s Travis Kling didn’t mince his words, stating:”I mean it from the bottom of my heart when I say **** these criminals.” As OPNX concludes its operations, the unfolding events surrounding its co-founders and their association with the failed hedge fund continue to draw attention to the need for the industry to raise its standards.  

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Web3 & Enterprise·

Feb 06, 2024

Bitpowr looks to Asia for further growth following $200M milestone

Bitpowr, a digital asset custody and blockchain wallet provider that concentrates on the African market, is looking to expand in Asia having achieved a recent crypto transaction milestone. $200 million in total transactionsThe company has exceeded $200 million in total transactions processed since its launch in January 2022. The milestone demonstrates the firm’s efforts in furthering its mission to democratize finance with accessibility for all through crypto. The achievement was outlined recently in a report by TechCabal, a pan-African publication that covers innovation and tech developments across Africa. Bitpowr provides a modular ecosystem of Web3 and blockchain infrastructure to aid enterprises in building out blockchain-powered solutions.Photo by Kyle Glenn on UnsplashAsian clientele on the ascendancyIn a recent interview, Toby Oyetoke, the co-founder of Bitpowr, disclosed a noteworthy shift in customer demographics, with Asian clientele now surpassing their African counterparts in contributing to the company's $200 million transaction milestone. The Bitpowr co-founder believes that this signals a growing demand in the Asian market for accessible blockchain tools and infrastructure which are necessary for financial institutions seeking to launch and scale their products and services, relative to Web3. Oyetoke shared insights into Bitpowr's financial performance, stating:“Currently, we do up to $20 million per month in terms of traction volume processed, and that is from April 2022 till now. We now generate more revenue than we spend. We are cash flow positive.” There have been signs that inter-regional trade between the African and Asian regions is growing where crypto-related payment gateways and solutions are concerned. At the end of last month, Klasha, an Africa-based cross-border payments company, partnered with Singapore-headquartered digital payments firm FOMO Pay with a view towards better enabling Asian merchants to trade with African businesses over crypto-enabled payment rails. A recent Chainalysis report revealed Asia as the largest cryptocurrency market globally. Its crypto adoption index prominently featured Asian nations such as India, Thailand and Vietnam among the top grouping of nations where adoption of the digital asset innovation is concerned. Bitpowr co-founder Amarachi Amaechi is equally enthused about Asian market growth opportunities. She stated: “There is a good demand from Asia right now. We are seeing increasing representation in transaction volume which also translates to an increase in revenue for us.”   Amaechi outlined that the firm intends to hire people from Asian countries in order to market the company’s service offering in those markets. Focus on Southeast AsiaLooking ahead, Bitpowr is setting its sights on expanding further into the Asian market, particularly in Southeast Asia, while maintaining its operations in Africa. The company aims to establish its ledger and wallet infrastructure during this strategic expansion. Bitpowr has also announced that it has achieved SOC 2 compliance, meaning that it follows strict information security policies and procedures. It has also initiated the implementation of the ISO 27001 audit process through its partnership with New York-headquartered compliance specialist Thoropass. The company's expansion into the Asian market is anticipated to not only accelerate its own growth but also offer customers in the region access to innovative digital asset solutions, supporting them in achieving their financial goals.   

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