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Binance Takes P2P Service Measures in Response to Sanctioned Russian Banks

Policy & Regulation·August 26, 2023, 1:37 AM

Global crypto exchange Binance has removed the option for users to conduct transactions via sanctioned Russian banks on its peer-to-peer (P2P) platform, a decision that comes on the heels of a Wall Street Journal exposé published earlier this week, shedding light on the platform’s involvement in facilitating the movement of funds for Russian users.

Previously, Binance’s peer-to-peer service featured five Russian banks under sanctions as a method for ruble transfers between users. However, the company swiftly acted to address potential compliance concerns. Fittingly, this latest news was also broken by the Wall Street Journal on Friday.

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Sailing too close to the wind

When approached regarding the omission of these banks, a Binance spokesperson stated: “We regularly update our systems to ensure compliance with local and global regulatory standards. When gaps are pointed out to us, we seek to address and remediate them as soon as possible.”

The Wall Street Journal’s article outlined how Binance’s peer-to-peer platform facilitated ruble-to-crypto trades that frequently involved the sanctioned Russian banks, with Rosbank and Tinkoff Bank being prominent examples.

These trades often utilized layers of intermediaries to convert funds from these banks into Binance balances, as detailed by various company resources, user screenshots, and messages in official chat groups. Despite these revelations, Binance’s exchange had continued to handle significant volumes of ruble trading, according to data compiled by digital asset research firm CCData.

 

US DoJ probe

Binance’s activities in Russia could potentially contribute to its ongoing legal challenges in the United States. The US Justice Department (DoJ) has been probing the company’s actions for potential violations of American sanctions on Russia. In response to such concerns, the Binance spokesperson emphasized:

“Binance aims to diligently comply with the global sanctions rules and enforces sanctions on people, organizations, entities, and countries that have been blacklisted by the international community, denying such actors access to the Binance platform.”

 

Workarounds

Traders, however, had reportedly found workarounds to the bank removals, as observed in the official Telegram chat group for Russian clients. Many shared that they could still engage with sanctioned banks by selecting alternative payment methods and then manually inputting their Rosbank or Tinkoff bank details.

Earlier this year, an investigative report by CNBC alleged that employees of the company had told it that Binance staff regularly helped Chinese customers to bypass Know Your Customer (KYC) controls in order to access the platform. More recently, another report, once again by the Wall Street Journal, found that business in China was booming, which surprised many given that China banned crypto trading within the country in 2021.

It’s apparent that the company is reacting to regulatory and legal pressures in taking the decision to make these changes to its P2P service. Perennial crypto critic US Senator Elizabeth Warren took to X (formerly Twitter) on Friday, stating:

“I rang the alarm about sanctions evasion by Russia using the crypto platform Binance — and urged [the DoJ] to investigate potentially false statements it made to Congress. We need stronger crypto regulations to rein in illicit finance.“

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Policy & Regulation·

Dec 08, 2023

Regulatory crackdown as Hong Kong authorities act against crypto entities

Regulatory crackdown as Hong Kong authorities act against crypto entitiesIn a recent move, the Securities and Futures Commission (SFC) of Hong Kong has issued a public warning against suspected virtual asset-related frauds involving HongKongDAO and BitCuped, marking a significant crackdown on deceptive practices in the crypto space.The action taken by the SFC in conjunction with the Hong Kong Police Force was outlined in a notice published on Wednesday. The notice stated:“The SFC suspects HongKongDAO may be disseminating false and misleading information about itself and its business through online channels.”In relation to BitCuped, it stated: “The SFC notes that BitCuped claims on its website that ‘Laura Cha’ and ‘Nicolas Aguzin’ serve as its Chairman and Chief Executive Officer respectively, when in fact none of them has any affiliations with BitCuped.”Photo by Teodor Kuduschiev on UnsplashHongKongDAO’s alleged misinformationOperating under the name “Hong Kong Digital Research Institute,” HongKongDAO has faced accusations of disseminating false and misleading information. The SFC expressed concerns about the claims made by HongKongDAO, including assertions of licensing by the SFC, engagement in regulated activities since July 2020, and bids for a “Hong Kong Digital Currency Exchange Licence” related to the government’s stablecoins framework.The SFC contends that these claims are unfounded and could potentially mislead the public into believing that HongKongDAO’s services are officially sanctioned and legitimate.HongKongDAO seems to manage at least two Telegram groups, one in Chinese with over 10,000 members and the other in English with over 1,700 members. Within these groups, there appears to be a promotion of the purported “market” price and future market value of the HKD token, enticing investors to make purchases.Allegations of BitCuped false affiliationsSimultaneously, BitCuped has been accused of making fraudulent claims to enhance the credibility of its operations. The company falsely asserted affiliations with prominent figures Laura Cha and Nicolas Aguzin, claiming them as its chairman and CEO, respectively. However, the SFC has refuted these affiliations. Laura Cha is the Chairman of Hong Kong Exchanges and Clearing Limited (HKEX), while Nicolas Aguzin is the Executive Director and CEO of HKEX.Taking proactive measures, the SFC has requested the Hong Kong Police Force to block access to the websites of both HongKongDAO and BitCuped. Cease and desist letters have also been issued to the operators of these websites, demanding the cessation of the sale of HKD Tokens offered by HongKongDAO.Series of crypto scamsFollowing the JPEX fraud allegations in September, Hong Kong faced another cryptocurrency exchange scandal involving Hounax in November. With at least 145 police reports filed and a sum of over HK$148 million ($19 million) involved, affected investors expressed frustration at what they deemed a slow response from regulatory bodies.These incidents have reignited discussions about the need for more robust cryptocurrency regulations in Hong Kong. The city’s aspiration to become a global hub for crypto innovation and adoption faces challenges due to a lack of clear and consistent regulation, leaving investors vulnerable to fraud and manipulation.In light of these developments, the SFC emphasized the importance of public caution regarding investment opportunities that seem too good to be true. The regulator urged vigilance against social media and instant messaging platforms where individuals, not investment professionals, might lure unsuspecting investors.

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Policy & Regulation·

May 03, 2023

Dubai Regulator Issues Reprimand to OPNX Founders

Dubai Regulator Issues Reprimand to OPNX FoundersThe Virtual Assets Regulatory Authority (VARA), the regulator that concerns itself with the digital assets market in the Emirate of Dubai, has formally reprimanded the founders of digital asset exchange OPNX.Photo by Kai Pilger on UnsplashVARA issued an investor and marketplace alert on April 12 to inform investors that OPNX was not a licensed entity regulated by VARA and with that, it urged investors to be cautious. The regulator has now gone one further, this time formally writing to OPNX’s founders to reprimand them.The statement cites the following rationale for the issuance of the reprimand:”Carrying out VA (Virtual Asset) Exchange Services on an unregulated basis in and from the Emirate of Dubai; and Marketing, promoting and/or advertising OPNX services and its native token [FLEX] without the necessary permits from VARA.”Contextual backgroundThe statement goes on to provide the context for the regulator’s most recent action. VARA became aware of OPNX soliciting the public to use the exchange in February of this year. It noted that the business was actively marketing through various social media channels “without establishing warranted restrictions for residents of Dubai/UAE.” VARA went on to explain that OPNX commenced trading in April without having secured a regulatory license despite the activity warranting such a license.Cease and desistOn February 27, VARA issued OPNX with a cease and desist order, relative to the foundation of the business and the marketing and promotion of services. Thereafter, the exchange applied certain restrictions but the regulator deemed the measures to not have been applied comprehensively across all OPNX communication channels, prompting it to issue a further cease and desist order the following month.The investor and marketplace alert followed in April as OPNX proceeded to launch its exchange. The written reprimand was then issued on April 18, “to address historical and ongoing activity conducted on an unregulated basis.” The recipients included the OPNX founders, (Mark Lamb, Sudhu Arumugam, Kyle Davies and Su Zhu) and the firm’s CEO Leslie Lamb.Given what the regulator deems to have been “a continued lack of satisfactory remedial action [taken] by the responsible parties,” it is continuing to actively monitor the situation. VARA stated that it will further investigate OPNX’s activity to assess further corrective measures that may be required to protect the market.Lack of industry supportThe digital assets industry is in no way enamored with founders Davies and Zhu. Their record has been badly blemished by the unceremonious collapse of their crypto hedge fund, Three Arrows Capital, in 2022. That failure wreaked major damage on the overarching crypto space, directly leading to the failure of other crypto businesses later that year.Prominent crypto venture capitalist Michael Arrington said of their capital raise for OPNX that it was “the saddest bulls**t I’ve heard in a long time.” It later transpired that two of the investment firms that OPNX suggested were backing the start-up refuted the claim.In response to this latest development, OPNX’s CEO Leslie Lamb told Blockworks that the business was initially launched in Hong Kong. “To confirm, we have no Dubai or UAE customers and do full KYC on all users,” she stated.

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Policy & Regulation·

Sep 26, 2023

Many Countries Are Welcoming Traditional Financial Institutions Into Crypto — When Will Korea…

Many Countries Are Welcoming Traditional Financial Institutions Into Crypto — When Will Korea Catch Up?Although overseas traditional financial institutions are gradually expanding their reach into the crypto market by launching related services and products, this remains challenging for institutions in South Korea, where it is difficult for them to even invest in virtual assets.Photo by NASA on UnsplashMajor developments in other countriesAccording to industry sources, traditional financial companies such as Japan’s largest investment bank and brokerage group Nomura Group, and New York-based investment banking company Citigroup are starting to bring new crypto-related services and products to the market.Laser Digital, the asset management unit of Nomura Group, launched a Bitcoin adoption fund targeting institutional investors, according to an official press release from last Tuesday (local time), which will provide institutional investors with direct and secure access to investments in Bitcoin.Similarly, Citigroup’s Treasury and Trade Solutions (TTS) is piloting its new crypto-based cash management and trade finance service dubbed Citi Token Services, which caters to institutional clients by utilizing blockchain and smart contract technology to provide digital asset solutions. “Digital asset technologies have the potential to upgrade the regulated financial system by applying new technologies to existing legal instruments and well-established regulatory frameworks. The development of Citi Token Services is part of our journey to deliver real-time, always-on, next-generation transaction banking services to our institutional clients,” said Shahmir Khaliq, Global Head of Services at Citi.Earlier this summer, several asset managers in the US, including BlackRock, applied for a spot-traded Bitcoin exchange-traded fund (ETF) with the US Securities and Exchange Commission (SEC), drawing the interest of the industry as a whole. The SEC has been delaying its decision regarding approval for the ETF and will likely do so until its allotted 240-day review period is over, but industry experts predict that the approval will go through for several reasons including BlackRock’s implicit influence as the world’s biggest asset manager and the SEC’s former court loss against Grayscale for its review of the firm’s spot Bitcoin ETF.These developments are made possible through the commonly held opinion that the involvement of traditional financial institutions in the crypto sphere is beneficial for the industry due to their ability to increase liquidity by moving much larger amounts of capital than the crypto market alone.Moreover, many countries around the world already allow institutions to invest in virtual assets. For instance, the US Nasdaq Stock Market has already listed crypto futures-based ETFs such as Bitcoin and Ether, and there are trust products on the market like Grayscale’s Bitcoin Trust that target qualified investors. Countries like Hong Kong have also gradually begun to allow individual investments in virtual assets again, while institutional investment has always been permitted.Roadblocks in KoreaIn contrast, it remains impossible for institutional or corporate investors in Korea to invest in virtual assets, let alone offer virtual asset fund products. Although local asset managers like Mirae Asset Global Investments and Samsung Asset Management have listed Bitcoin-related ETFs in the US and Hong Kong, such products do not exist in South Korea.Korean authorities also banned financial institutions from holding, purchasing, or investing in virtual assets back in 2017 on the grounds that their investment in cryptocurrencies could stimulate investor sentiment. Also, shadow regulation after the enactment of the Act on Reporting and Using Specified Financial Transaction Information in 2021 practically bars local corporations and institutions from using crypto exchanges, though there is no provision that explicitly prohibits opening corporate bank accounts on crypto exchanges.In response to this situation, an anonymous industry insider highlighted the need for a nationwide drive to support virtual assets and Web3 technology. “This is the time to push emerging industries, and we should not overlook industry trends. The current situation is somewhat frustrating,” they said. “Japan was the most conservative country in this regard, but it has recently opened up and subsequently gained momentum. Korea should also take a more progressive approach.”

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