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Korean regulators pressured to approve crypto ETFs following ETH ETF approval in the U.S.

Policy & Regulation·May 29, 2024, 8:57 AM

The recent 19b-4 approval of spot Ethereum exchange-traded funds (ETFs) by the U.S. Securities and Exchange Commission (SEC) is putting pressure on South Korean financial regulators to revisit their policies on digital assets. The SEC's decision to allow ETFs for Ethereum, the world's second-largest cryptocurrency, on May 24, 2024, follows its earlier endorsement of Bitcoin ETFs in January 2024. This move is seen as a significant step in merging traditional finance with the digital asset sector.

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Korean regulatory caution

In contrast to the progressive stance in the U.S., the Korean Financial Services Commission (FSC) and the Financial Supervisory Service (FSS) have maintained a cautious approach regarding the integration of crypto assets into traditional securities markets. According to current regulations under the Capital Markets Act, ETFs in Korea are limited to traditional underlying assets such as financial instruments, securities, international currencies and commodities. These foundations are crucial for the creation of financial derivatives, leaving little room for digital assets under current laws.

 

Calls for regulatory reforms and market implications

The decision by the SEC is expected to influence the Korean regulators to update their views on digital assets, according to local media and industry experts. Jung Eui-jung, the head of the Korean Stockholders’ Alliance, has advocated for Korea to emulate the U.S. by approving Bitcoin and Ethereum ETFs. He expressed concerns that continued regulatory hesitance could lead to investor funds migrating to more progressive markets like the U.S., potentially positioning the U.S. to broaden its crypto market further. Xangle, a digital currency data provider in Seoul, has also criticized the current regulations as outdated, emphasizing the need for revisions to accommodate the increasing relevance of digital assets in global finance.

 

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Policy & Regulation·

Aug 17, 2024

Historic ruling sees Dubai court validate crypto as salary payment

The Dubai Court of First Instance in the United Arab Emirates (UAE) has notched up another milestone relative to the continuing rollout of the use of and legal status of cryptocurrency by recognizing crypto as a legitimate means of payment where salaries are concerned. The groundbreaking decision, which was revealed in the court via case number 1739 of 2024, gives confirmed legal recognition to the validity of crypto as a means of payment for salaries, which may be stipulated in an employment contract.Photo by David Rodrigo on UnsplashRuling reflecting a progressive approach to cryptoThe outcome hit the radar of a number of crypto-centric UAE-based lawyers, with Web3 lawyer Irina Heaver, a partner at NeosLegal, pointing out that the decision marks a shift from previous relevant case law in the UAE in 2023 when a similar set of circumstances led to crypto not being recognized for the purposes of salary payment. Commenting on the ruling of that previous case, she stated: “This decision reflected a traditional viewpoint, emphasizing the need for concrete evidence when dealing with unconventional payment forms.” Ecowatt (EWT) tokensIn this latest case, the circumstances revolved around a dispute whereby an employee claimed for unpaid salary, termination compensation and further benefits. The employee’s contract of employment outlined a payment in both fiat currency, alongside 5,250 Ecowatt (EWT) tokens.  Ecowatt is a renewable energy blockchain project which claims to serve a purpose in reducing carbon impact on a global basis through the tokenization of green energy. It was the failure of the employer to pay out the tokenized portion of the employee’s salary that led to the dispute and the subsequent lawsuit. The court ultimately sided with the employee, agreeing that the employer must fulfill its contractual obligation and pay out the remainder of the employee’s salary and benefits in Ecowatt tokens. The judgement stated: “As the respondent did not provide evidence of payment in EcoWatt tokens, the court orders the respondent to pay the claimant the value of her wages in EcoWatt tokens.” In weighing up this latest adjudication, Heaver concludes that the move is congruent with the progressive approach that is being taken to digital assets within the UAE. “This decision reflects a broader acceptance of cryptocurrency in employment contracts and highlights the court’s recognition of the evolving nature of financial transactions within the Web3 economy,” she stated. Mahmoud Abuwasel, partner at Wasel & Wasel, an international firm with a presence in Abu Dhabi, also noted the relevance of the ruling, posting on the matter on legal update database, Lexology.  Greater legal clarityLittle by little, greater clarity is emerging in jurisdictions worldwide with regard to the status of cryptocurrency and digital assets within the context of international legal systems. In 2023, a Chinese court recognized virtual assets as legal property, affirming the legal status of virtual assets as protected property under Chinese law.Earlier in 2023, the courts in the Chinese autonomous territory of Hong Kong determined cryptocurrency to be property “capable of being held in trust.” Not all decisions have been positive however, with a Singaporean court determining in April 2023 that crypto is not money, albeit that the judge did acknowledge that the matter would require a more detailed examination of evidence in another court. 

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Policy & Regulation·

Jan 17, 2024

OKX expands Middle East presence through Dubai license approval

OKX Middle East Fintech FZE, the Dubai-based subsidiary of cryptocurrency exchange OKX, announced on Tuesday that the company has successfully obtained a Virtual Asset Service Provider (VASP) license from the Dubai Virtual Assets Regulatory Authority (VARA), signaling its entry into the Middle East market.Photo by David Rodrigo on UnsplashNon-operational licenseThis newly acquired license positions OKX Middle East to offer spot services and spot pairs to institutional and qualified retail customers in the region. However, it should be noted that the operational aspect of the license is pending. The company stated that it will remain non-operational until all remaining conditions and select localization requirements are fully satisfied, a process anticipated to conclude in the coming weeks. Once operational, OKX Middle East will have the green light to provide regulated VASP services, facilitate AED deposits and withdrawals and introduce spot trading pairs. The move, outlined in a blog post published by the company, comes months after the subsidiary received a preparatory license from VARA, underlining its commitment to complying with regulatory standards and expanding in the Middle East. Rifad Mahasneh, the general manager for the MENA Region at OKX, expressed optimism about the region's potential, stating: "The MENA region holds immense potential to become a hub of excellence for Web3 and virtual assets. We eagerly anticipate the chance to further enhance the already flourishing ecosystem throughout the region." Global hubThis strategic move aligns with the United Arab Emirates' (UAE) goal to establish itself as a global hub for the cryptocurrency industry. VARA, formed in March 2022, was tasked with regulating the emerging virtual asset sector in Dubai. The regulatory framework gained momentum when Sheikh Mohammed bin Rashid Al Maktoum, Dubai's prime minister and ruler, approved a new virtual assets law in March 2022, providing a legal foundation for the crypto industry in the city. Dubai's proactive stance towards regulating the cryptocurrency industry has attracted several major players, including Crypto.com, Ripple, Binance and Bybit, all securing crypto licenses from Dubai's regulator. OKX Middle East joins the likes of TOKO FZE and Trek Labs Ltd FZE in obtaining a license for exchange services. Tim Byun, the Global Head of Government Relations at OKX, emphasized the significance of this license in the company's journey towards a trustless system. "This license was a crucial step for OKX as we move from a trust-based system to one that is trustless and empowers users to take control of their financial future," he stated. Byun expressed excitement about contributing to the development of Dubai's crypto and Web3 ecosystem, highlighting the importance of the market. It's noteworthy that OKX, already regulated in the Bahamas, currently restricts customers from the United States due to regulatory issues. The expansion into the Middle East represents a strategic move for OKX to tap into the growing crypto market in the region and aligns with the broader trend of cryptocurrency exchanges expanding their global footprint. 

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Markets·

Nov 24, 2025

UAE institutions deepen Bitcoin positions prior to market pullback

Major investment entities linked to the Abu Dhabi government increased their exposure to Bitcoin in the third quarter, according to newly released data. These moves came ahead of a broader decline in the digital asset market amid shifting macroeconomic conditions in the U.S.Photo by Kanchanara on UnsplashInstitutional accumulationThe Abu Dhabi Investment Council (ADIC), a subsidiary of Mubadala Investment Company, more than tripled its holdings in BlackRock’s iShares Bitcoin Trust ETF (IBIT) during the third quarter, increasing its position from 2.4 million to nearly 8 million shares, Bloomberg reported. An ADIC spokesperson told Bloomberg that the organization views Bitcoin as “a store of value similar to gold,” and described the allocation as “part of a long-term diversification strategy.” Other UAE-based conglomerates are also maintaining sizable Bitcoin positions. The Royal Group, which is linked to the Abu Dhabi royal family, holds around 6,450 BTC, according to a Crypto Briefing report citing Arkham data. The assets were accumulated through the group’s majority-owned subsidiary, Citadel Mining. Regulatory and infrastructure developmentsThe UAE’s efforts to position digital assets as a driver of economic growth are also reflected in its regulatory framework. A recent Global Digital Assets Report by the Global Finance & Technology Network (GFTN) identified the UAE as one of seven jurisdictions worldwide whose crypto-exchange rules meet all three key standards for AML/CFT compliance: know-your-customer (KYC) and ID verification, suspicious transaction reporting, and implementation of the Financial Action Task Force (FATF) Travel Rule. The report characterized the UAE’s approach as “federated oversight with zone-specific AML regimes.” Responsibilities are divided among the Securities and Commodities Authority (SCA) at the federal level, the Virtual Assets Regulatory Authority (VARA) in Dubai, and the Financial Services Regulatory Authority (FSRA) of the Abu Dhabi Global Market (ADGM). In decentralized finance (DeFi), VARA has issued specific rulebooks covering activities such as lending and borrowing. ADGM has introduced DLT Foundations Regulations to provide legal structures for decentralized autonomous organizations (DAOs), while DeFi operations within the jurisdiction still require authorization from the FSRA. In addition to regulatory developments, the UAE is also advancing the practical deployment of digital asset technologies. In the payments sector, Abu Dhabi Airport has signed a memorandum of understanding (MOU) with Al Hail Holding to pilot stablecoin payment options and digital wallets for travelers, according to Cryptopolitan. Bitcoin declining below $87KThe buildup in institutional exposure has occurred against a backdrop of declining market prices. Bitcoin (BTC) reached a peak of $126,080.00 on Oct. 6 before dropping to roughly $87,000 as of Nov. 21, its lowest level since April 21. Technical indicators show that Bitcoin has fallen below both its 50-day and 200-day moving averages. IBIT has followed a similar trajectory. After closing the third quarter at $65 per share, the ETF rose to $71 on Oct. 6 before falling to $48.96 by Nov. 20. Two days before that, the fund recorded a net outflow of $513.47 million, the largest in its history, according to data from Trader T. Reuters reported that the recent weakness in Bitcoin and other risk assets is tied to the U.S. Federal Reserve’s cautious stance on rate cuts amid persistent inflation pressures. That concern was reinforced on Nov. 20 when the U.S. Bureau of Labor Statistics released September nonfarm payrolls data that had been delayed by the federal government shutdown, showing a figure of 119,000 against the market forecast of 53,000. The stronger-than-expected labor reading has reduced expectations for a rate cut next month, adding pressure to both equities and Bitcoin. 

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