South Korea sanctions North Korean tech workers for cybercrimes and crypto theft

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.Photo by DrawKit Illustrations on UnsplashKorean regulatory cautionIn 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 implicationsThe 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 Xangle, a digital currency data provider in Seoul, has also criticized the current regulations as outdated, emphasizing the need for revisions to accommodate the increasing relevance of digital assets in global finance. 

INDODAX, Indonesia’s largest virtual asset trading platform by trading volume, has acquired full licensing in Indonesia from the local regulator. That’s according to a report published by local media outlet VOI. The license, a Physical Crypto Asset Trader (PFAK) license, has been awarded to the company by Indonesia’s Commodity Futures Trading Supervisory Agency, better known as BAPPEBTI.  The license will place INDODAX in a complaint position within the Indonesian market, relative to local regulations. The business has been issued certificate number 10/BAPPEBTI/PFAK/12/2024 by the regulator, its approval certificate as a Physical Crypto Asset Trader.Photo by Mark König on UnsplashMandatory registration requirementIn December 2023 the authorities in Indonesia set out a mandatory requirement for crypto trading entities to register with the Commodity Future Exchange (CFX). CFX is Indonesia’s national crypto bourse, while INDODAX is a member. As of April 2024, 35 crypto exchanges had been registered with the regulator. CFX has been given the mandate to monitor crypto exchange operations, to safeguard investors by ensuring exchanges abide by local regulations. Fendy Tan, chief financial officer (CFO) at INDODAX commented on the firm’s recent licensing milestone, stating: "We are grateful to BAPPEBTI and CFX for the trust given through this full license. The long process that must be passed reflects our commitment to providing the best protection for users. The license number 10 also has a special meaning, which symbolizes perfection, and symbolizes the 10-year journey of INDODAX in leading the crypto industry in Indonesia."  Liquidity and SOP requirementsIn order to acquire this license INDODAX had to comply with BAPPEBTI Regulation Number 8 of 2021 and Number 13 of 2022. It has also had to ensure a minimum paid-up capital of 100 billion Indonesian Rupiahs ($6,158,000), and a minimum equity of IDR 50 billion ($3,079,000). Furthermore, the company has had to implement a set of standard operating procedures (SOPs), together with achieving ISO certification in accordance with global security standards, with specific emphasis on complying with regulations to safeguard customer funds according to the balances held on account of fiat currency and digital assets by INDODAX customers. INDODAX is understood to have 7.1 million customers while a transaction volume of 109 trillion Indonesian rupiahs was reached for the period January to November 2024. BAPPEBTI had extended a deadline for the crypto licensing of exchanges late last year, a move welcomed at the time by INDODAX CEO Oscar Darmawan. Darmawan said that the move would strengthen the industry by ensuring that market participants were compliant with recently introduced regulations. While this licensing milestone is a positive for INDODAX, the firm had faced challenges in 2024. In September it emerged that the platform had been compromised with the loss of around $18 million in digital assets. Meanwhile, the authorities in Indonesia had planned to switch crypto market oversight from BAPPEBTI to the Financial Services Authority (OJK) by Jan. 12. However, a recent report published by the Jakarta Globe suggests that the Indonesian government has yet to finalize this regulatory transfer.

The Korea Customs Service (KCS) is preparing to establish a dedicated task force to combat the surge in cryptocurrency-related crimes. According to a report by local media outlet Joseilbo, this initiative was deliberated in a meeting chaired by KCS Commissioner Ko Kwang-hyo, specifically convened to discuss strategies against foreign exchange violations. The KCS reported that last year, it uncovered a total of 198 criminal incidents related to foreign exchange activities, with the combined value reaching approximately KRW 1.9 trillion ($1.4 billion).Photo by Mathew Schwartz on UnsplashCrypto involved in 88% of forex violations Of the total amount mentioned, violations of the Foreign Exchange Transaction Act comprised KRW 1.654 trillion, with 88% of these incidents involving virtual assets. This represents a dramatic surge in the involvement of virtual assets in financial crimes, especially when compared to 2020, where crypto-related offenses constituted 3% of the total value linked to forex violations. This trend underscores the rapidly growing role of virtual assets in such illicit activities. To address these issues, the KCS is set to broaden its crackdown on illicit cryptocurrency activities. This crackdown targets practices such as transferring foreign currency overseas to acquire virtual assets for arbitrage trading and using virtual assets to conceal trade payments, thereby attempting to bypass customs duties.Task force’s international collaborationAs part of this initiative, the country's customs agency aims to build a task force focused on tackling crypto crimes. This specialized group will be responsible for gathering and analyzing data, conducting investigations and recommending regulatory enhancements. The task force will collaborate with financial regulators to obtain crypto transaction records from domestic cryptocurrency exchanges. Moreover, it will work with customs authorities of other countries, including Hong Kong, to collect details on crypto transactions conducted abroad.