Korea’s FSC Embarks on Developing Regulatory Framework for VASPs

South Korea Reveals Guidelines for Public Officials’ Virtual Asset DisclosureSouth Korea’s high-ranking government officials will soon be obliged to divulge specific information regarding their virtual asset holdings, including types and quantities, as part of their wealth declaration process. The Ministry of Personnel Management (MPM) issued a press release yesterday, announcing revisions to the Enforcement Decree of the Public Service Ethics Act. These amendments are slated to come into effect on December 14.Photo by Chris Boland on UnsplashIn addition, officials holding positions of rank one or higher will be required to disclose the methods through which they acquired their virtual assets. They must also furnish documentation of transaction records for a period of one year.These amendments to the decree come in the wake of the revised Public Service Ethics Act, which was passed in May. The primary aim of this act is to make it obligatory for government employees to declare their virtual asset holdings. The changes to the decree can be summarized into five main points.Types and amountsFirst, officials obligated to disclose their wealth must report the types and amounts of virtual assets. The prices of virtual assets traded on Upbit, Bithumb, Coinone, and Korbit — all virtual asset service providers (VASPs) designated by the Commissioner of the National Tax Service — are required to be reported using the average daily price observed on the reporting day. As for other assets, their values should align with their most recent market prices. In cases where determining these prices is not feasible, they should be reported at reasonable values that reflect transaction prices.Acquisition methodsSecond, high-level public officials must explain how they acquired virtual assets. Under the existing regulation, officials are obligated to reveal both the date and method of acquisition, along with the source of funds. However, following the adoption of the updated decree, they will also be required to provide analogous information for virtual assets.Year-long transaction historyThird, comprehensive guidelines will be established to outline the process of reporting virtual asset transaction history records. Officials subject to the disclosure requirement must divulge all virtual asset transactions conducted within the past year, even if they do not possess such assets on the day of reporting. They are obligated to furnish documentation prepared by VASPs.Officials and their family membersFourth, officials are required to permit VASPs and other relevant institutions to provide the Government Ethics Committee with information on virtual asset holdings owned by both themselves and their family members. This will be facilitated through the inclusion of virtual assets in the existing information provision agreement, similar to the approach applied to other types of assets such as real estate.Addressing conflict of interestLastly, the revised decree could potentially impose restrictions on certain public officials with regard to possessing virtual assets, especially when their responsibilities encompass tasks like formulating relevant policies, granting approval for virtual assets, and overseeing taxation matters related to them. The outcomes of these restrictions will be reported on an annual basis to the Government Ethics Committee.In a briefing regarding this development, MPM Vice Minister Lee In-ho underscored the significance of the amended decree as the regulatory framework for enforcing the requirement of public officials to declare their virtual assets. He highlighted the Korean government’s commitment to ensuring that public servants adhere to accurate reporting practices concerning virtual assets, thereby preventing unlawful accumulation of wealth.

U.S. regulator, the Commodity Futures Trading Commission (CFTC), has fined Seychelles-headquartered crypto prime brokerage Falcon Labs as part of an overall settlement with the company.  The CFTC had found that the company had operated as an unregistered futures commission merchant (FCM) and furthermore, that it had enabled access to digital asset exchanges without the requisite registration.Photo by Joshua Hoehne on UnsplashSettlement termsIn a press release published to its website on May 13, the CFTC set out the nature of its settlement with Falcon Labs. The parties have agreed that Falcon Labs must discontinue its activities in acting as an unregistered FCM, with particular emphasis on it having provided U.S. individuals with access to digital asset derivatives trading.  Furthermore a fine of $1,179,008 has been applied in disgorgement and in addition, Falcon will have to pay a civil monetary penalty of $589,504. These penalties have been significantly reduced by comparison with the CFTCs original ask, on the basis that Falcon Labs cooperated fully with the CFTC’s Division of Enforcement over the course of the regulator’s investigative process into the activities of the company. In its statement the regulator set out its intent relative to enforcement going forward. Ian McGinley, the CFTC’s Director of Enforcement, stated:”The CFTC is taking the fight one step further by, for the first time, charging an intermediary that inappropriately facilitated access to those exchanges. Today’s action highlights that the CFTC will not hesitate to charge any entities—exchanges or intermediaries—who are providing customers access to digital asset products and services that require registration but have failed to appropriately register.” McGinley added that “the CFTC’s enforcement program has made clear it will not tolerate digital asset exchanges that fail to register with the CFTC or comply with the agency’s rules that maintain integrity in the derivatives markets.” No admission of guiltIn responding to the CFTCs original complaint, Falcon Labs tried to up the ante in terms of compliance. It moved to improve customer identification controls. As a consequence of its market position as a trading intermediary Falcon Labs enabled customer trading on a number of digital asset exchange platforms.  That activity included facilitating U.S.-based institutional customers relative to crypto derivatives trading. It allowed its own account with various digital asset trading platforms to be used, through a system of sub-accounts, by its customers, oftentimes without adequate customer information having been sought. In reaching this settlement with the CFTC Falcon Labs has not made any admission of guilt relative to the regulator’s findings. Alongside paying the agreed upon fines, it will voluntarily agree to adhere to the implementation of improved controls and to withhold its services from user groups that are deemed to be restricted, including all U.S. nationals. Taking to the X social media platform to comment on the matter, Mike Sellig, a partner at New York-based law firm Willkie Farr & Gallagher, claimed that the settlement demonstrated that the CFTC was following in the footsteps of the Securities and Exchange Commission (SEC), establishing “a body of widely applicable precedent.”

With Bitcoin prices hitting an all-time high, the daily crypto trading volume in South Korea has surpassed that of the stock market, local media outlet The Financial News reported.  As of yesterday at noon (KST), the local daily trading volume of cryptocurrencies over the past 24 hours stood at over KRW 11.8 trillion, or nearly $9 billion, according to data from crypto platform CoinMarketCap. Meanwhile, the daily trading volume on the Korea Composite Stock Price Index, or KOSPI, was KRW 11.4 trillion on Friday.  The total daily crypto trading volume was tallied by adding trading volume across Korea’s five major crypto exchanges – Bithumb posted KRW 8.8 trillion, Upbit KRW 2.7 trillion, Coinone KRW 176.4 billion, Gopax KRW 55.2 billion and Korbit KRW 32 billion. Photo by Alexander Mils on UnsplashUnlike stock markets which have a closing time, crypto assets are traded 24/7, which makes it difficult to do an apple-to-apple comparison. Still, the numbers clearly demonstrate retail investors’ bullish sentiment toward the crypto market.  According to the U.S. crypto exchange Coinbase, the Bitcoin price touched $70,199 on Friday (UST), just three days after the flagship coin surpassed $69,000 on March 5, an already record-breaking price in 28 months since November 2021.  Inflation and recession drive retail investors to crypto Financial experts say that Korea’s persistently high inflation and slowing economic growth are driving local retail investors to seek relatively riskier yet high-yielding assets such as cryptocurrencies. Young investors in their 20s and 30s are particularly leaning towards investing in crypto, as they fear not being able to buy houses solely with their wages. Moreover, Koreans’ average monthly real wage declined by 1.1% year-on-year, which marks a continuous decline for two consecutive years since 2022.  Despite the country’s economic slowdown, the KOSPI has actually risen, fueled by capital influx from foreign investors who are expecting a valuation increase in local firms. In contrast, local retail investors are rushing out from the stock market as they see a lack of outperforming companies.  Data from the Korea Exchange (KRX), the sole securities exchange operator in the country, showed that foreign investors purchased KRW 4.4 trillion in stocks over the past month on the KOSPI market, while local retail investors sold KRW 3.3 trillion worth of stocks during the same period.  Local crypto boom prompts ‘Kimchi Premium’ effectThe recent bullish sentiment in the Korean crypto market can largely be attributed to local retail investors, because current laws prohibit foreign investors from trading crypto assets in the country and regulations limit enterprises from making direct investments in crypto.  While the KOSPI market grapples with the so-called Korea Discount effect, which refers to the undervaluation of the Korean stock market, the local crypto market is experiencing the exact opposite trend – crypto investors are benefitting from something called the Kimchi Premium effect, a newly coined term referring to the overvaluation of crypto assets in Korean crypto markets compared to those in their foreign counterparts. As of yesterday at 14:00 (KST), Bitcoin changed hands at KRW 917.4 million on foreign exchanges while at KRW 971.8 million on Korean exchanges, per data from local crypto exchange Upbit.  Cho Dong-keun, a professor at the Economics Department at Myongji University, described the current Korean economic situation as “a competition for the country’s limited wealth”. He said that the stagnant national growth has pushed people to fight for more wealth, urging them to invest in crypto assets, adding that Kimchi Premium could substantially appeal to many retail investors.