Chinese tech groups pause Hong Kong stablecoin plans amid regulatory scrutiny

Binance Weighs Up UAE Expansion Amid Regulatory PressuresGlobal cryptocurrency exchange Binance is contemplating a strategic shift towards the Middle East as it faces regulatory challenges in the United States and Europe.Alex Chehade, the General Manager of Binance Dubai, believes that the United Arab Emirates (UAE) could emerge as a preferred destination for crypto businesses due to favorable and transparent regulations.Photo by Saj Shafique on UnsplashUAE’s regulatory certaintyChehade emphasized the UAE’s ambition to establish itself as a key player in the Web3 industry and diversify away from fossil fuels, with cryptocurrencies playing a significant role in this transition. Speaking to Cointelegraph, the local branch manager of Binance highlighted the certainty and predictability offered by the UAE’s regulatory framework, making it an attractive environment for business development.Binance MENA statistics indicate that the UAE has the highest number of cryptocurrency holders, with approximately 28% of UAE residents owning cryptocurrencies. This data highlights the significant interest and adoption of digital assets in the country.Binance obtained a Virtual Assets Regulatory Authority (VARA) license in Dubai in 2022, making it one of the first exchanges to do so. The license includes a Virtual Asset License obtained in March and a Minimal Viable Product (MVP) license secured in September. The MVP license allows Binance to offer a full range of approved digital assets and related services.Facing difficulties in the US & EuropeThis strategic consideration by Binance comes at a time when the exchange is grappling with legal issues on multiple fronts. Lawsuits filed by the Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC) in the United States have added to the regulatory pressure. In Europe, Binance has faced challenges, including an order from the Belgian FSMA to cease operations immediately, de-registration in the UK, ongoing investigations in France, and withdrawal from the Netherlands and Cyprus.In Europe, Binance recently decided to delist privacy tokens, such as Zcash and Monero, due to changes in local anti-money laundering regulations. However, the exchange later reversed that decision on the basis that the classification of these assets has been revised to comply with legal requirements within the EU.While European officials aim to establish Europe as a hub for cryptocurrencies with the implementation of Markets in Crypto-Assets (MiCA) regulations, Binance’s actions suggest a preference for other jurisdictions.The rise in popularity of cryptocurrencies in the UAE can be attributed, in part, to the VARA. Chehade commends VARA for providing a clear regulatory framework for crypto businesses, which he believes is lacking in other regions.As Binance faces regulatory pressure in the West, the company is exploring opportunities in the Middle East, particularly in the UAE, where the regulatory framework, growing crypto community, and commitment to becoming a Web3 hub make it an attractive prospect for expansion.It is understood that Binance’s Founder and CEO, Changpeng Zhao (CZ), lives in Dubai. However the headquarters of the company has remained unclear. Originally founded in Shanghai in 2017, the firm was later moved to Tokyo and later to Malta. Perhaps the UAE will serve as the company’s base going forward.

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. 

The Deutsche Bundesbank, Germany’s central bank, has joined Project Guardian, a collaboration established in 2022 between the Monetary Authority of Singapore (MAS) and the financial sector, with an emphasis on the use of asset tokenization to improve liquidity and efficiency within financial markets.Photo by Rachel Davis on UnsplashAssessing DLT technologyIn a press release published on Nov. 8, Bundesbank Executive Board member Burkhard Balz suggested that the central bank is aligned with MAS in that both central banks are interested in determining “how innovative technologies and concepts, such as distributed ledger technology (DLT) or blockchain, can be put to meaningful use in the financial sector.” In joining Project Guardian, the Bundesbank will take part in the Asset & Wealth Management workstream, testing an interoperable blockchain platform for tokenized and digital funds. While the German central bank has just announced details of its participation in Project Guardian, in a speech given at the Layer One Summit, an event which formed part of the Singapore Fintech Festival last week, MAS Deputy Director Leong Sing Chiong welcomed the Bundesbank, alongside the World Bank, to Project Guardian.  The MAS executive clarified that the Deutsche Bundesbank and the World Bank would join the project’s Policymaker Group. He outlined that the role of that group is to “help provide inputs on governance arrangements, guidance on how GL1 [Global Layer One] infrastructures can be developed in line with global standards, and advice on appropriate regulatory guardrails for tokenised asset transactions.” GL1 refers to an initiative that has been established to create the foundational digital infrastructure to facilitate tokenized assets. Cross-border collaborationThrough its involvement in Project Guardian, the German central bank hopes to strengthen cross-border collaboration, while at the same time, progressing matters related to the “standardisation and interoperability of digital assets.” In working towards the goal of standardization, MAS has published two comprehensive reports covering fixed income tokenization and fund tokenization. MAS believes that the use of too many individual private DLT networks is resulting in fragmentation, with a detrimental effect with regard to liquidity. Consequently, the Singaporean central bank is establishing the Guardian Wholesale Network to improve liquidity and achieve asset tokenization at scale. The network will consist of Citi, Schroders, Standard Chartered, UOB and HSBC. Additionally, it was recently announced that SBI Digital Markets, a Singapore-based affiliate company of Japan’s SBI Digital Asset Holdings (SBI DAH), intends to contribute towards greater liquidity through its involvement in a fixed income asset tokenization pilot. Meanwhile, Citi and Fidelity have developed a proof of concept for a digital foreign exchange (FX) swap, enabled within an on-chain money market fund (MMF).  Tokenization inflection pointLeong went on to claim that while nobody has succeeded yet in implementing tokenization at scale, an inflection point has been reached with regard to the use of tokenization. He added that many use cases are promising relative to tokenization but that there is a need for supporting infrastructure “to enable good use cases to scale beyond individual networks.” In the press release, Leong said that the Bundesbank’s expertise “will be invaluable as we work together to enhance liquidity and efficiency of financial markets through asset tokenisation.”