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Korean Financial Watchdog Takes Action to Prevent Abnormal Foreign Currency Transfers

Policy & Regulation·June 08, 2023, 5:42 AM

According to yesterday’s press release, the South Korean Financial Supervisory Service (FSS) has undertaken measures to tackle the issue of abnormal foreign currency transactions disguised as cross-border trade transactions. After identifying suspicious transactions of a total of approximately $7.2 billion involving 83 companies, the FSS has collaborated with the Korea Federation of Banks and domestic financial institutions to establish a task force. The objective is to improve the existing system and prevent such occurrences in the future.

Photo by Eric Prouzet on Unsplash

 

Weaknesses in internal controls

During inspections conducted within the banking industry since June 2022, the FSS uncovered weaknesses in internal controls related to foreign currency transfers. These included instances where banks neglected to verify the required documents for transfers and failed to detect abnormal transactions that had been ongoing for an extended period of time. The abnormal foreign currency transfers primarily involved funds flowing out of Korean virtual asset exchanges and being sent overseas under the pretense of trade transactions.

 

Three-line defense internal control system

To address these vulnerabilities, the task force has engaged in discussions and decided to build an internal control framework within the banking industry, rather than to add a new procedure. This was to minimize the disruption that the new system can pose to banks regarding foreign exchange transactions. The dedicated group has introduced a three-line defense internal control system.

The new internal control system comprises three parts. Firstly, it involves standardizing a checklist of vital checkboxes that must be completed before initiating advance remittance transfers for imports. Secondly, the monitoring system employed by banks will be strengthened. Lastly, a follow-up system will be developed, clearly outlining the roles and responsibilities of banks and incorporating a review process.

 

Implementation and timeline

Banks plan to implement these improvement measures in July, following necessary preparations such as guidelines revision and rules update in the second quarter of this year. Since developing a computerized system and devising new procedures may require additional time, they will be gradually introduced in the third quarter.

The FSS expects these improvements will ensure the systematic operation of banking institutions’ internal control functions related to cross-border prepayments, thereby preventing suspicious foreign currency transfers and curtailing companies’ risks of violating their obligations.

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Policy & Regulation·

Oct 07, 2023

Taiwan Aims to Propose Special Crypto Law by Late November

Taiwan Aims to Propose Special Crypto Law by Late NovemberIn a bid to address growing concerns surrounding offshore crypto exchanges and prevent regulatory arbitrage, Taiwan is actively working towards proposing a draft special crypto law for its first reading by the end of November.Yung-Chang Chiang, a member of the Legislative Yuan, the Taiwanese parliament, emphasized the need for a dedicated crypto asset act to effectively regulate crypto businesses in discussion with The Block on Friday. Chiang believes that cryptocurrencies, as an asset class, significantly differ from traditional financial products and require oversight through a separate, specialized legal framework.Photo by Ian Chen on UnsplashPublic hearingThe Taiwanese politician recently organized a public hearing within the parliament to discuss the draft proposal with key stakeholders, including virtual asset service providers, legal experts, and academics. He argued that while Taiwan’s Financial Supervisory Commission (FSC) had released guidelines for the crypto sector to establish self-supervisory rules through a potential industry association, these measures lack legal enforceability.Chiang pointed out:“In this case, under the authority of this special law, regulatory authorities can impose administrative penalties on operators who violate these self-regulation rules. Without such a special law, the regulators would lack the ability to impose penalties.”Under the proposed special law, all crypto platforms operating in Taiwan would be required to obtain a permit. Failure to do so could result in regulatory orders to cease operations. Presently, Taiwan mandates that virtual asset service providers comply with anti-money laundering (AML) laws, which were introduced by the FSC in July 2021. However, the broader crypto industry in Taiwan remains largely unregulated.It is unlikely that the special law will pass through all three readings during the current legislative session, which is expected to conclude by the end of this year. Chiang noted: “An election is coming up, and the current legislative session focuses more on reviewing the government’s budget.”Chiang also mentioned the possibility of Taiwan’s FSC proposing its version of the special crypto law, but this is not anticipated until at least mid-2024. He explained: “It’s hard to say exactly when the special law will be enacted, but it should likely occur sometime after the middle of 2024.”Binance, the world’s largest crypto exchange, is understood to be in the process of registering in Taiwan for AML compliance, despite not currently being regulated in the country. The exchange has formed a local entity named “Binance International Limited Taiwan Branch (Seychelles),” as indicated in the Taiwanese Ministry of Economic Affairs’ database.Banking difficultiesDuring the public hearing, Damien Ho, Representative of Global Partnerships at Binance, raised concerns about the challenges faced by crypto platforms in Taiwan in securing suitable banking services. Despite the FSC’s efforts to discourage banks from treating crypto platforms as high-risk entities, crypto platforms still encounter difficulties in their interactions with banks. Ho suggested that the Taiwanese government should encourage private or public banks to become more crypto-friendly, facilitating the regulated and effective development of crypto businesses.At the public hearing, Winston Hsiao, Co-Founder and Group CRO of Taipei-based crypto exchange XREX, suggested a step-by-step approach to regulation, with smaller entities adhering to self-supervisory rules formulated by the industry association after registration. For larger entities, he proposed obtaining a permit under the special law and potentially applying for other relevant financial licenses.

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Policy & Regulation·

Dec 20, 2023

Tether fueling Cambodia’s dark economy despite ban

Tether fueling Cambodia’s dark economy despite banDespite being officially prohibited for trade in Cambodia, Tether (USDT), the leading USD stablecoin, has been found to be integrated into the Southeast Asian nation’s shadow economy.That’s according to a report published by the South China Morning Post (SCMP) on Sunday. The publication cites security experts, who it claims have highlighted the pivotal role of USDT, emphasizing its low fees and unrestricted capability to expedite the movement, concealment and laundering of money.Photo by DrawKit Illustrations on UnsplashPig butcheringThe U.S. Department of Justice’s November seizure of nearly $9 million traced to over 70 victims of online scams underscored Tether’s involvement. Collaborating with Tether Holdings and the crypto trading platform OKX, the investigation identified assets linked to “pig butchering” cyber scams in Southeast Asia, freezing an additional $225 million. While specific details regarding the origin of these assets remained undisclosed, Southeast Asia, including Cambodia, has emerged as a hub for money laundering related to online gaming and cyber scams.Cybersecurity expert Ngo Minh Hieu from the Vietnamese government’s National Cyber Security Centre warned of the susceptibility of cryptocurrencies to scams and Ponzi schemes, particularly targeting less informed investors. This heightened risk has spurred a surge in money laundering and online scams, leading to a spike in arrests.Official line versus realityIn many jurisdictions, the official line taken on cryptocurrency and digital assets doesn’t necessarily reflect the reality. China clamped down on crypto trading and mining a number of years ago. Despite that, a Wall Street Journal investigation earlier this year found that global crypto exchange Binance had a thriving China-centric business.The same seems to be true in Cambodia with respect to its official ban on crypto. Owners of both physical and online crypto exchanges in Phnom Penh openly admit to providing a parallel financial service in the developing economy. The prevalence of neon signs advertising exchange rates in Chinese yuan for USDT underscores the widespread usage of Tether in the region, particularly within Cambodia’s dark economy.Critics chime inNews of the illicit use of Tether in Cambodia has prompted a response from long-standing critics of the company. Tether’s harshest critic has been a pseudo-anonymous persona on the X platform with the username “Bitfinex’ed.” That account wrote:”Tether. The choice for organized crime & criminals. Giancarlo Devasini once said, ‘We’re going to have to learn to bank like criminals.’”Despite its role in facilitating illicit activities, the extent of Tether’s penetration into Cambodia’s economy remains challenging to ascertain. Globally, approximately 84 billion USDT is in circulation, with banks, exchanges and platforms flourishing, leveraging social media and encrypted channels to advertise seamless and reliable digital solutions for money flow challenges.One such platform, Huione Pay, operates in a bank-like setting, engaging customers in discussions about USDT exchange options. A closer look at Huione’s publicly available USDT exchange activities reveals insights into Tether’s role in enabling transactions within Cambodia.Some conversations in Chinese seek “pure white assets,” indicating funds from legitimate sources, while others do not request such provenance. These exchanges also advertise products and services crucial to scam operators, such as the sale of SIM cards from different countries.

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Policy & Regulation·

Nov 10, 2023

India tightens control with 3,000 police officials trained in crypto investigations

India tightens control with 3,000 police officials trained in crypto investigationsAs the crypto sector continues to develop, authorities continue to get to grips with the new crypto innovation, with India’s law enforcement being the latest entity to look to clamp down.Photo by Naveed Ahmed on UnsplashCrypto forensics and investigation trainingAccording to the Ministry of Home Affairs (MHA) annual report, a comprehensive training initiative was undertaken during the financial year 2022–2023. The initiative, spearheaded by the Narcotics Control Bureau and the Indian Cyber Crime Coordination Centre (I4C), equipped over 2,900 officials with essential skills in cryptocurrency forensics and investigation.Under the aegis of the Narcotics Control Bureau, India’s central law enforcement and intelligence agency, 141 officers underwent specialized training in the investigation of darknet activities, cryptocurrencies and other pertinent areas such as digital footprints.The report stated that workshops were set up that covered techniques for gathering intelligence and evidence from open sources and social media platforms, reflecting a commitment to staying ahead in the ever-evolving landscape of cybercrime.There’s clearly a need for this level of expertise, given an uptick in crypto-related scams in India and the broader Asia region as a whole in recent times. Earlier this week, it emerged that the Indian authorities had arrested eight individuals in relation to a $300 million cryptocurrency scam.Raj Kapoor, the founder of the India Blockchain Alliance (IBA), recently called for greater control when it comes to crypto-related illicit financing. Kapoor stated:”It is a kick on the backside for most governments. All regulatory bodies will take a closer look at crypto regulation. Governments will need to start implementing new rules and regulations.”I4C played a pivotal role in training over 2,800 cyber police officials. The training encompassed crypto forensics, investigations and emerging technologies like anonymization networks. The focus extended to addressing the misuse of mobile applications in the cyberspace realm.Ongoing blockchain tech adoptionAs India proactively prepares to combat potential crypto-related crimes amidst increased adoption, the nation is also delving into mainstream blockchain applications. In a recent stride towards digital transformation, Hindustan Petroleum (HPCL), the state-run oil and gas company, partnered with blockchain software firm Zupple Labs. Together, they launched a blockchain system designed to automate the verification of purchase orders (POs).HPCL’s spokesperson outlined the significance of this implementation to Cointelegraph, stating that the integration helps automate the verification of HPCL POs to external parties, utilizing the blockchain system alongside HPCL’s internal e-PO. This generates tamper-evident, verifiable POs, enhancing efficiency and transparency within industry processes.In a separate development, it emerged on Thursday that India’s Central Bureau of Investigation has appointed Singapore-headquartered digital asset market intelligence outfit Liminal to manage seized digital assets.This holistic approach, combining advancements in law enforcement training and embracing blockchain applications, underscores India’s commitment to navigating the evolving landscape of digital technologies while looking to ensure a secure and transparent future.

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