Taiwan Advances Crypto Regulation with Initial Reading of Digital Asset Bill

Binance Headlines List of Japan FSA Warning Letter RecipientsJapan’s Financial Services Agency (FSA) issued a warning letter on Friday stating that several foreign cryptocurrency exchanges have been operating in the country without proper registration, thereby infringing Japan’s fund settlement laws. The regulatory authority specifically named Binance, Bybit, MEXC Global, and Bitget as the entities in question.The FSA indicated that these exchanges need to register with the agency to continue operating in Japan. Failure to comply with the registration requirements would result in enforcement actions by the FSA, which could include the suspension of their operations in the country.©Pexels/David DibertUnregistered digital asset exchangesThe FSA’s warning letter detailed that the cryptocurrency exchanges mentioned had contravened Japan’s fund settlement regulations by engaging in crypto asset exchange operations without proper registration. The regulatory body emphasized that the current list of unregistered traders may not accurately reflect the current state of unregistered businesses in the country.The FSA intends to continue monitoring the market and taking appropriate regulatory measures to protect consumers and the integrity of the financial system. The agency also encouraged all unregistered operators to register with the FSA to avoid any possible enforcement actions.Clamping down on unregistered exchangesThe FSA’s recent action against unregistered cryptocurrency exchanges is in line with the regulatory body’s ongoing efforts to clamp down on non-compliant operators in Japan. In 2020, the FSA introduced new regulations mandating that all crypto exchanges must register with the agency and obtain a license to operate in the country. These regulations were put in place to strengthen consumer protection and enhance the transparency of the cryptocurrency market. By taking these measures, the FSA aims to foster a more stable and secure environment for the burgeoning crypto industry in Japan.The FSA’s warning to Binance is indicative of the growing regulatory scrutiny that the cryptocurrency industry in Japan and other nations is currently facing. Regulators are increasingly concerned about the potential risks associated with unregulated cryptocurrency exchanges, such as fraud, money laundering, and market manipulation. As a result, many regulatory bodies are implementing stricter rules and guidelines to promote transparency, accountability, and consumer protection in the cryptocurrency market.These regulations aim to create a more secure and reliable environment for investors and industry participants. The FSA’s actions against Binance serve as a reminder to all market players that compliance with regulatory requirements is critical for the long-term success of the cryptocurrency industry.Global regulatory variationWhile Japan is taking steps to implement new regulations for the cryptocurrency and Web3 sectors, the country has not been as stringent in its approach as some other major economies, such as the United States. However, this does not mean that regulators in Japan are not actively monitoring the industry and taking appropriate action where necessary.One example of such action is the recent lawsuit filed by the US Commodity Futures Trading Commission against the popular crypto exchange firm, Binance, and its founder, Changpeng Zhao, over regulatory violations. This highlights the fact that regulatory bodies in different parts of the world are taking a more proactive approach to monitoring the cryptocurrency industry.Moreover, the FSA in Japan issued a formal warning letter to Binance in 2021 for operating without the necessary permissions. This is an indication that the regulatory landscape in Japan is evolving, and that crypto exchanges must comply with the relevant regulations to avoid potential legal repercussions. While the severity of regulatory measures may differ across different jurisdictions, the message is clear: compliance is crucial for the long-term viability of the cryptocurrency industry.

Polymarket activity under scrutiny in Taiwan due to election contractsTaiwanese law enforcement is currently delving into the activities of online influencers and community members promoting Polymarket contracts related to the upcoming presidential election which is due to be held on Jan. 13.Polymarket is a New York-based Ethereum-centric prediction market. The platform runs on the Ethereum layer-2 scaling solution network Polygon. The project invites platform users to bet on the outcomes of a broad spectrum of events, ranging from politics to entertainment.Users deposit USDC stablecoin, choose an event to bet on and purchase “outcome shares” through USDC. The user has the ability to trade those shares anytime before the resolution of the contract.Photo by Ethan Lin on UnsplashPossible election law violationsThe Taiwanese investigation came to light in a report by Taiwan-based crypto publication BlockTempo, which was published last week. The investigation comes as concerns arose about potential violations of Taiwan’s Presidential and Vice Presidential Election and Recall Act, which explicitly prohibits gambling on election outcomes.Multiple influencers and crypto community members have reportedly been subpoenaed for their involvement in Polymarket contracts, allowing users to place bets on the January election. At present, the betting pool for the election holds over $300,000, with a market prediction favoring the Democratic Progressive Party’s Lai Ching-te, also known as William Lai, with a 78% chance of winning.However, the legality of such betting activities is in question under Article 88–1 of Taiwan’s election law. It stipulates that anyone gambling on the outcome of an election or recall in a public place or a place open to the public may face imprisonment, short-term detention or a fine of up to NT$100,000 ($3,196.85).Sherman Lin, an attorney at Taipei-based Lin & Partners, emphasized the seriousness with which law enforcement views gambling activities related to presidential elections in Taiwan. He explained that broad legal interpretations under the Presidential Election and Recall Act have led to investigations and convictions of gambling website operators targeting Taiwanese gamblers. Lin stated:“Law enforcement agencies in Taiwan are vigilant in investigating any gambling activities related to presidential elections.”“Broad legal interpretations have been applied to gambling crimes under the Presidential Election and Recall Act, leading to investigations and convictions of gambling website operators in Taiwan targeting Taiwanese gamblers,” he added.Prohibited in United StatesComparing the situation to the United States, where gambling on election outcomes is illegal in most states, Lin noted that enforcing such regulations often falls under the jurisdiction of the Commodity Futures Trading Commission (CFTC). Polymarket’s Terms of Use explicitly prohibit usage by U.S. persons.Despite potential legal consequences for gambling activities in Taiwan, including participation, promotion and platform hosting for betting pools like Polymarket, Lin pointed out that enforcing actions against overseas entities poses jurisdictional challenges. Taiwan’s legal reach is primarily limited to domestic actors, creating complexities in addressing decentralized platforms like Polymarket.Lin suggested that law enforcement may focus on online influencers who promoted the Polymarket contract, as seen in previous cases involving the collapse of the unlicensed crypto exchange JPEX in Hong Kong.Moreover, while there are legal precedents for pursuing centralized entities organizing election gambling, Lin highlighted that no established legal precedent in Taiwan currently exists for decentralized platforms organizing election betting.

UK Watchdog Adds Crypto Exchanges to Warning ListThe UK’s Financial Conduct Authority (FCA) has expanded its warning list to include nearly 150 digital asset companies, including crypto exchanges HTX and KuCoin.Photo by Maxim Hopman on UnsplashPromotion without approvalThese firms have been added to the list due to their promotion of services in the UK without obtaining the necessary regulatory approvals. The move comes as the FCA strengthens its oversight of the cryptocurrency sector.The FCA recently broadened its rules on financial promotions, effective from October 8, to encompass crypto-asset service providers, regardless of their geographical location. This means that all crypto platforms are now obligated to display clear risk warnings to UK-based consumers and adhere to more rigorous technical standards. Additionally, they must implement a mandatory 24-hour cooling-off period for new customers.Exchanges respondIn response to the inclusion of their platforms on the FCA’s warning list, both HTX and KuCoin issued statements. A spokesperson for HTX, known until recently as Huobi, clarified that the firm does not operate or market its services in the UK. KuCoin, on the other hand, acknowledged that it doesn’t operate in the UK but expressed its commitment to adapt its products and services to ensure compliance with the relevant laws and regulations in each country.Another exchange, OKX, alongside global exchange Binance, have both indicated that they are working towards complying with the FCA’s regulatory requirements in respect of marketing.The FCA issued a generic warning message for both HTX and KuCoin, stating:“This firm may be promoting financial services or products without our permission. You should avoid dealing with this firm.”Non-compliance with the FCA’s regulations can result in severe penalties, including takedown requests for websites and apps, substantial fines, and potential legal action, which could lead to imprisonment.It’s worth noting that HTX Advisor, Justin Sun, has encountered regulatory challenges in the past. In March, the US Securities and Exchange Commission (SEC) accused Sun of fraud and market manipulation related to TRX, the native cryptocurrency of his Tron blockchain. Despite holding licenses to operate in various jurisdictions, HTX’s website does not specifically mention the UK as a prohibited venue.KuCoin has its platform restricted in several countries, including the US, Singapore, Hong Kong, mainland China, Thailand, Malaysia, and Canada’s Ontario province. Notably, the UK is not listed among these restricted locations.The FCA’s decision to rapidly identify and publicize crypto firms violating the expanded rules underscores increasingly stringent regulatory requirements. The regulator is continuously updating its list of violators as new infractions are uncovered. In August, the UK regulator published data that demonstrated that only 13% of crypto businesses who have applied to trade in the UK have been offered permits to do so.Lucy Castledine, the FCA’s Director of Consumer Investments, emphasized the dynamic nature of the list, which is constantly evolving to keep pace with emerging issues within the crypto sector.As the FCA takes a more proactive stance in overseeing crypto businesses, the warning list serves as a tool for consumer protection, signaling the importance of adherence to regulatory standards in the cryptocurrency ecosystem.