Pakistan moves towards legalizing & regulating crypto

Thailand's government has recently secured approval for a $14 billion digital handout program as part of its economic recovery strategy. The program hasn’t come about without considerable debate and a backdrop of concerns expressed about the Southeast Asian nation's sluggish economic growth. According to Reuters, the decision was confirmed by Deputy Finance Minister Julapun Amornvivat, who stated that the Office of the Council of State, an advisory panel, found no legal obstacles to utilizing state budget funds for the initiative.Photo by Oleksandr P on PexelsDigital handout programThe digital handout program, a key policy of the ruling Pheu Thai party, involves distributing 10,000 baht (approximately $300) to digital wallets set up for each of the 50 million Thai citizens. This financial injection aims to stimulate spending within local communities, providing a much-needed boost to the economy. While the program has faced concerns about potential inflation risks due to Thailand's slow economic growth, the government has argued that it will ultimately benefit the economy. Julapun emphasized that the government plans to proceed with the scheme in May, funded through borrowing. Council of State and opposition party concernsEarlier reports had indicated that the Council of State had initially advised against the government's plan to enact a loan bill for the digital wallet scheme. Concerns were raised about potential violations of constitutional articles, including Article 140, which requires the government to offset any loans outside the budget bill in the next fiscal budget. In addition to inflation worries, the opposition expressed concerns about a potential breach of Article 53 of the 2018 State Fiscal and Financial Discipline Act, which permits off-budget borrowing only in urgent situations. Despite these concerns, the Office of the Council of State ultimately found no reason to prohibit the cabinet from borrowing to fund the program. Thailand's move towards a $14.3 billion cash handout program, termed the "digital wallet" program, is expected to commence by May. Prime Minister Srettha Thavisin affirmed this timeline after the Council of State's approval. The program, allowing Thais to receive funds via a mobile app, aims to spur consumption and overall economic growth. Election campaign giveawayThe idea of the digital asset giveaway was first floated by the Pheu Thai Party (PTP) in April of last year as part of its election manifesto. Subsequently, the party won the election in August, with Srettha being installed as Prime Minister. That appointment was interpreted as being a positive one by crypto advocates, given that Srettha had worked with crypto and blockchain-related technologies in his previous business dealings. Critics, including some economists and former central bank governors, argue that the handout plan could be fiscally irresponsible and fuel inflation. Prime Minister Srettha, who is also the finance minister, plans to discuss the stimulus plan and related matters with the central bank governor. The Thai Chamber of Commerce anticipates a 3% year-on-year growth in the first quarter of 2024, with an annual growth rate of 3.2%, driven by tourism and exports. The digital wallet scheme, if implemented as planned, could potentially add 1.0-1.5 percentage points to this year's growth, according to the chamber. 

Japan’s Financial Services Agency (FSA), a government agency and financial regulator responsible for overseeing banking, securities and exchange, has ordered both Apple and Google to remove specified unregistered crypto exchange apps from the Japanese versions of their app stores.Photo by Louie Martinez on UnsplashFive exchange apps specifiedIt is understood that the request was made at the beginning of this month, with the regulator specifically calling for the removal of the ability of Japanese consumers to download apps related to Bybit, MEXC Global, LBank Exchange, KuCoin and Bitget. In response to a query from The Block, Bitget Chief Legal Officer (CLO) Hon Ng said that the company is “aware of the issue and sincerely apologize for any inconvenience caused by the temporary removal of the Bitget app from the iOS App Store in Japan." The Bitget CLO went on to state that the company is working with Apple and regulators to resolve the matter. News of the regulator’s request emerged via a report published by Japanese financial media platform Nikkei on Feb. 7.  Apple had removed the apps from its App Store on Feb. 6. Reclassification of digital assets as securitiesA subsequent report by Nikkei on Feb. 10 suggests that the FSA is considering classifying digital assets as financial products akin to securities. The objective of the move is to protect Japanese investors as it would mean increased disclosure requirements from those that offer crypto-related investment products. Last August, FSA Commissioner Hideki Ito told Bloomberg that any decision to approve crypto-linked exchange-traded funds (ETFs) requires “careful consideration.” At the time Ito said that many people believe that digital assets “do not necessarily contribute to the wealth creation of the Japanese people in a stable and long-term manner.” The Japanese have been far more cautious in their approach to virtual assets by comparison with other Asian centers such as Hong Kong, which had approved spot Bitcoin and Ether ETFs some time ago. It appears that Japan’s FSA is wary of the volatility of cryptocurrencies and risks associated with the nascent assets. It’s understood that the FSA will announce crypto policy reforms by June 2025. Legislative amendments would then follow in the following parliamentary session in 2026. The change would mean a lifting of the current prohibition related to crypto ETFs. Another aspect likely to be reformed is taxation as it relates to crypto. It’s thought that a reduction from the existing 55% tax rate on crypto to 20% is on the cards. This is not the first occasion when a regulator has leaned on Apple and Google to cut off access to crypto exchange apps. In January 2024 Apple India blocked access to eight exchanges which had been subject of a show-cause notice from India’s Financial Intelligence Unit (FIU). Following a seven month ban, access to the Binance app was subsequently restored once it had come back into compliance in India. In April 2024 the Securities and Exchange Commission (SEC) in the Philippines had ordered both Google and Apple to remove the Binance app from their app stores on the basis that it posed a risk to Filipino investors at the time.

SEC Opposes Motion to Dismiss Terraform Labs LawsuitLawyers representing the United States Securities and Exchange Commission (SEC) have responded to a motion to dismiss the lawsuit filed by Dentons, the lawyers representing Singapore-based Terraform Labs and its Founder Do Kwon.Photo by Miguel Á. Padriñán on PexelsCourt filingAccording to its arguments, set out in a court filing lodged to the District Court of the Southern District of New York on Thursday, the SEC’s counsel claims that the additional documents provided by Dentons lack sufficient grounds for dismissing the case.It claims that the internal SEC emails presented by Dentons are irrelevant to the current lawsuit. The SEC asserts that the parameters of an “investment contract” are clearly defined by the Howey test and argue that TerraUSD ($UST) should be classified as a security.The reliance by US regulators on the Howey test, a legal test case that implicated citrus grove contracts that date back to 1946, has proven to be controversial. Naturally, there could have been no consideration of the digital innovation that digital assets present today almost eighty years ago. Notwithstanding that, the SEC maintains that the principle factors of what constitutes an investment contract are covered by the case regardless.During the court hearing held on June 15, Dentons submitted supplementary documents to strengthen their motion to dismiss the lawsuit. The primary focus of the hearing was to determine whether the digital assets developed by Terraform Labs should be categorized as securities based on the criteria of an “investment contract.”Dentons maintains that the algorithmic stablecoin, $UST, should not be considered a security and emphasizes its practical purpose rather than its classification as an investment contract. To support their motion, Dentons included additional documents such as the US House Financial Services Committee hearing on digital asset regulation and stablecoin issuance, the SEC’s request for a restraining order against Binance.US, and the Hinman emails from the SEC vs. Ripple lawsuit.Judge to decideThe defense lawyers highlighted what they perceive as a “regulatory gap” in classifying crypto assets as securities, particularly as the US Congress engages in discussions about regulatory frameworks for digital assets and stablecoin issuance. Furthermore, they argued that the SEC is exceeding the scope of securities laws and relying on internal emails related to “investment contracts” to determine the security status.A decision on the motion to dismiss will be arrived at by July 14. Judge Jed Rakoff, who is presiding over the case, will be responsible for that, once he’s weighed up the merits of the arguments presented by both parties.It is noteworthy that Dentons has previously represented Kwon in challenging the US SEC’s subpoena during the investigation of the Mirror Protocol in 2021, as well as in a class-action lawsuit in the Singapore High Court in 2022. The law firm also provides representation to Terraform Labs in other legal matters.In a separate development, the Basic Court in Podgorica, Montenegro, has granted bail for Kwon and former Terra Chief Technology Officer Han Chang-joon. However, Kwon has recently been taken into custody for extradition in Montenegro while the court deliberates on South Korea’s extradition request for the Terra founder.As the legal proceedings continue, the outcome of the motion to dismiss will have significant implications for the ongoing dispute between Terraform Labs, Do Kwon, and the SEC.