KCC sets guidelines for user protection on metaverse platforms

The Securities Commission Malaysia (SC), the statutory body tasked with regulating and developing capital markets within the Southeast Asian nation, has published a consultation paper in an effort to garner public feedback on potential enhancements to its crypto regulatory framework. In a press release published to its website on June 30, the SC claimed that its proposals seek “to enhance competitiveness of Malaysia’s regulated digital asset market, improve investor protection and strengthen the resilience and integrity of [Digital Asset Exchange] operators.”Photo by Vlad Shapochnikov on UnsplashEasing listing requirementsIn the event that the proposals are adopted, one key change would see a liberalization of the listing requirements for digital assets. Where certain key eligibility criteria have been met, the regulator would allow the listing of digital assets on digital asset exchanges without prior SC approval. The regulator stated that it wants to make this change in order to speed up the time taken to get digital assets to market as they emerge. By setting out additional criteria, there will be greater exchange operator accountability. Exchange operators would bear responsibility for listing tokens in compliance with the requirements set out by the regulator.  Assets could only be listed once those assets and the underlying protocol and network had undergone security audits which had been carried out by an independent and qualified blockchain security auditor, with the audit results made public.  For the purposes of the “Liberalised Listing Framework,” the asset must have been trading on a Financial Action Task Force (FATF)-compliant virtual asset service provider (VASP) platform for a minimum of one year. The regulator believes that easing the listing requirements will result in a broader digital asset product offering being made available in Malaysia. Last month, Thailand’s Securities and Exchange Commission (SEC) started a public consultation process aimed at revising token listing rules. Coin listing processes have also come under scrutiny from the authorities in South Korea recently. Segregating client assetsAmong the proposals is a plan to oblige exchange platforms to properly segregate client assets from operational funds and assets held by the exchange business. In recent years, many failed crypto exchange platforms, most notably FTX, got into difficulty by co-mingling customer funds with operational funds. Furthermore, the regulator doesn’t want any cross-over of assets between the local exchange operator and any overseas affiliate companies it may have.The SC stated that it is cognizant of recent global exchange failures, which has led it towards further enhancing crypto exchange operational governance and controls. It suggests that only 10% of client assets should be held by a Malaysian exchange in hot wallets, with the remaining 90% held in cold or offline wallets. The SC said that it welcomes feedback from members of the various stakeholder groups on the proposals outlined. The public consultation period runs from June 30 through Aug. 11.  Malaysia is expected to have 4.74 million crypto users by 2026. That would equate to 13% of Malaysians using crypto by then.

Japan Set to Tighten Crypto AML RulesJapan is working on tightening anti-money laundering (AML) rules relative to digital assets shortly. That’s according to a report by local media outlet Kyodo News.The stricter enforcement measures will take effect from June 1. The objective is to include the tracing of cryptocurrency asset transactions into the legal framework relative to AML, and in that way, bringing the application of AML in Japan into line with global standards.Photo by Louie Nicolo Nimor on UnsplashTravel ruleIn December of last year, the Financial Action Task Force (FATF), a global money laundering and terrorist financing watchdog based in Paris, France, deemed that the approach taken to crypto-related AML in Japan fell short of international requirements and best practice.Specifically, it’s the FATF’s “travel rule” that the Japanese are about to implement. Otherwise known as FATF Recommendation 16, the travel rule is a set of guidelines devised to prevent both terrorist financing and money laundering.The measure puts an onus on all crypto companies to screen all crypto transactions that exceed the value of $1,000 or a variance of this amount based on implementation by each FATF member state. As an example, in the United States, the FATF travel rule is being implemented with transaction monitoring being applied on transactions to the value of $3,000 and above.Once identified, the crypto firm must record details of the transaction and communicate that information, including both sender and recipient data, to the authorities. That would involve the sender and receiver’s legal names, their account numbers, and addresses. Relevant transaction activity includes exchanges between one or more forms of digital currency and the transfer of virtual assets.G7 alignmentThe move follows a decision taken at a Japanese cabinet meeting on Tuesday, as a direct response to FATFs recommendations. Following discussions earlier this month, the intergovernmental political forum of the G7 group of countries indicated its support for the FATF’s call for the establishment of the travel rule as a global standard. Japan is currently leading the group through its G7 presidency and likely wants to align with the views of its international peers.The country had been moving towards travel rule implementation in the past but in a less decisive way. Two years ago, Japan’s Financial Services Agency (FSA) requested virtual asset service providers (VASPs) to implement the travel rule. In a self-regulatory approach in 2022, the country’s Virtual Currency Exchange Association issued a recommendation for members to apply the rule.Those approaches lacked teeth, leading to a cabinet decision to amend existing legislation late last year and this more recent move to apply and enforce the rule.Regulatory frameworkWhile Japan may not be top of the class in terms of AML regulation relative to crypto, it is a forerunner in terms of crypto regulation generally. It was the first country in the world to suffer a serious crypto-related failure when the Mt.Gox cryptocurrency exchange collapsed in 2014.The fall-out from that collapse led to the Japanese introducing more stringent regulations although it took until 2017 to get them implemented. As a consequence, when the next major collapse occurred, the fall of FTX in November 2022, the Japanese have fared much better than investors located elsewhere. Regulation meant that a separate Japanese entity, FTX Japan, was established. It had to adhere to stricter conditions, meaning that FTX Japan customers have been allowed to withdraw their funds since February while their international counterparts must undergo a much longer process to recover their funds.

Research Center Highlights Overvaluation in Overseas Crypto Holdings Reported to Korean Tax AgencyThe Korbit Research Center, affiliated with one of South Korea’s leading cryptocurrency exchanges, Korbit, has raised questions about the size of overseas cryptocurrency holdings reported by Korean individuals and businesses to the National Tax Service.Photo by REDioACTIVE on PixabayThe issue of market-making activitiesThe center noted that following the 2017 initial coin offering (ICO) boom, many enterprises that issued cryptocurrencies through offshore entities might still be holding onto their native tokens. This would have resulted from their inability to distribute these tokens to the market after the speculative bubble burst. The center believes these reported values could have been influenced by the issuers’ market-making activities, possibly inflating their worth.According to the National Tax Service, Korean individuals and corporations hold a total of KRW 130.8 trillion (around $98 billion) in overseas crypto accounts. Notably, 73% (KRW 120 trillion) of this sum is held by 73 corporate entities.Highlighting a critical aspect of cryptocurrency valuation, the Korbit Research Center pointed out that when tokens are priced based on market-making activities, they may be overvalued. They further underscored that even if the true value of overseas holdings by these entities is only a tenth of the reported sum, a figure like KRW 12 trillion is still substantial.Retail investors seeking overseas optionsFurthermore, the center touched on retail investors, noting that the KRW 10 trillion in their offshore accounts indicates a gap in services offered by Korean crypto enterprises. It suggests that individual investors might be exploring foreign markets due to domestic limitations like the absence of derivatives and lending options.Given the borderless nature of the crypto industry, Korean individuals readily turn to overseas services that cater to their needs. The Korbit Research Center estimates a KRW 10 trillion unmet demand in the domestic crypto sector, suggesting that stringent local regulations might be driving capital outflows.