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The Philippines Forging Crypto Reg. Path US Could Learn From

Policy & Regulation·April 10, 2023, 3:32 AM

The Philippines has demonstrated best practice in operating a sensible regulatory framework relative to cryptocurrency while the United States has erred by engaging in regulation via enforcement while responding after the horse has bolted in relation to a string of crypto company collapses. That’s according to Robert De Guzman, Head of Legal Compliance at Philippines-based cryptocurrency exchange Coins.ph.

©Unsplash/C Bueza

In an opinion piece published in Forkcast News on Tuesday, De Guzman lays out his view as to what’s required in terms of regulation, while drawing comparisons between the application of regulation relative to crypto in both jurisdictions.

 

The need for “sensible” regulation

De Guzman believes that the crypto industry’s recent failures are a wake-up call for the whole sector. Losses of billions of dollars affected Celsius Network, BlockFi, Voyager Digital, Genesis, and FTX, and led to Silvergate, Silicon Valley Bank (SVB), and Signature banks’ collapse in a week. To maintain consumers’ trust, he believes that sensible regulation is necessary for the crypto exchanges dealing with digital assets.

The legal compliance expert cites the FTX collapse. FTX’s Sam Bankman-Fried’s empire was among the largest collapses. FTX pretended to support regulation, but its true nature was an offshore exchange for global clients. Nonetheless, some businesses act on their regulation support by acquiring licenses and complying with central bank audits in the countries of operation.

 

State-level and industry-level regulation

The crypto industry being open to self regulation is one element of the solution, he says. Regulators must proactively protect their consumers from scams and business failures, not just clean up the mess after millions of people have been harmed.

 

Regulatory failures

De Guzman points the finger at reactionary regulatory action. Regulators filed charges against crypto industry founders after their collapse. Previously, they missed the problems of the largest companies. FTX, based in the Bahamas, was mismanaged, and American regulators only responded after customer issues. Regulations by enforcement, preferred in several countries, wait for failure to happen before taking action. Over-regulation through enforcement pushes platforms offshore, where Wild West-type environments thrive, with clear consequences.

Regulators in some countries focus on surface-level questions, like which tokens should be considered securities, while others, like in the Philippines, prioritize execution-level details to protect consumers. Anti-money laundering measures and custody are core issues, with the G-7’s Financial Action Task Force’s Travel Rule likely to be more strictly applied. Active regulation and audits are needed to ensure financial platforms act responsibly with customer deposits. Basic rules need to be put in place through a licensing regime, followed by regulation of market practices like commingling of assets, self-dealing, and trading against customers.

 

The Philippines sensible approach to regulation

The Coins.ph legal guru holds out his home country as exemplary in terms of its approach to regulation. The Philippines’ regulatory regime requires a virtual asset service provider (VASP) license to operate a crypto exchange, as well as additional licenses for other services. The country’s central bank, BSP, directly regulates all crypto exchanges and expands its crypto regulations to adapt to market needs. KYC processes in the Philippines require recognition of valid ID documents from across 82 provinces.

Additionally, the BSP expects the industry to cooperate in quarterly audits where they share balance sheet information and disclose digital assets in hot and cold wallets. Regulators in the Philippines are proactive and knowledgeable about the crypto space, which sets a sensible framework based on customer protection.

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Policy & Regulation·

Aug 24, 2023

Fake Security Tokens Linked to HD Hyundai Oilbank in Circulation

Fake Security Tokens Linked to HD Hyundai Oilbank in CirculationHD Hyundai Oilbank, one of South Korea’s leading refiners, said Wednesday that a counterfeit security token dubbed “HOBT” claiming affiliation to the company has been circulating online. The token is allegedly based on old stock certificates under the company’s former name, Hyundai Oil Refinery, as the underlying assets, though the company had changed its name to HD Hyundai Oilbank back in 2002. Both the token and the underlying asset are invalid and have no relation at all to HD Hyundai Oilbank, the company emphasized, so investors must exercise caution.Fraudulent promotionEntities that are giving away or selling HBOT tokens are attracting investors by promoting a one-on-one exchange of the tokens for old Hyundai Oil Refinery stock certificates. They are also promising to grant shareholder rights through blockchain technology as well as interest payments of 4% every month for a total of 24% over six months.Fraudulent activities like these have recently been on the rise following the legalization of security tokens and the formal issuance of a select few tokens.Investigative measuresThe Incheon Metropolitan Police is currently conducting an investigation into the case. Notably, the old Hyundai Oil Refinery stock certificates that the involved entities are claiming to be underlying assets have been proven to be fake in over ten court rulings. Although owners of these old stock certificates had filed lawsuits against the company related to shareholder registration renewals since the late 2000s, all of them had lost their cases.Photo by Tingey Injury Law Firm on UnsplashPast events resurfacingThis recent circulation of the forged HOBT tokens is attributed to employees of a disposal company who pocketed the invalid stock certificates and certificate papers, rather than disposing of them as they were required to do.In January 2002, HD Hyundai Oilbank had hired a company to dispose of documents — including those related to the old stock certificates — that had lost their validity during the process of attracting and increasing foreign capital.“In May of that year, we started receiving frequent inquiries about the stock certificates. We filed a legal complaint against the employees and conspirators of the disposal company for illegally distributing the certificates (including the stock certificate papers), and they were subsequently punished for theft and fraud,” the company explained.

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Policy & Regulation·

Oct 05, 2023

KCS Says Illegal Forex Transactions for Crypto Purchases Amount to $7.7B

KCS Says Illegal Forex Transactions for Crypto Purchases Amount to $7.7BOver the past five years, the total value of illegal foreign exchange transactions associated with virtual asset purchases has amounted to approximately KRW 10.4 trillion ($7.7 billion), according to the Korea Customs Service’s report received on Thursday by Go Yong-jin, a member of the Democratic Party of Korea on the National Assembly’s Strategy and Finance Committee.Photo by Sasun Bughdaryan on Unsplash“Illegal transactions on foreign exchanges for the purchase of virtual assets are occurring due to the higher prices of virtual assets in Korea compared to prices abroad,” Go explained.Crimes incited by crypto waveThe data showed that the number of violations subject to fines was 6,066, involving forex transactions of KRW 2.3 trillion. In particular, violations made in 2020 and 2022 accounted for the majority, making up 78.7% with 4,775 cases and a value of KRW 1.9 trillion, or 83.7% of the cumulative total. This indicates a substantial increase in illegal activities during the periods when the crypto investment frenzy in Korea was at its peak.Uncovering key patternsWhile foreign exchange transactions were primarily intended for acquiring virtual assets, they were often disguised as trade payments. There were also cases where individuals withdrew foreign currency from overseas ATMs to buy cryptocurrencies. These two scenarios were the most prevalent cases for which fines were imposed. More specifically, among the 6,066 violations, there were 4,518 instances of the former and 1,486 cases of the latter. The transferred funds amounted to KRW 1.9 trillion and KRW 407 billion, respectively.During the five-year period, individuals involved in 93 cases of these forex activities — collectively valued at KRW 8.1 trillion — were penalized following the referral of their cases to prosecutors. In particular, the violations in 2022 accounted for 70.3% (KRW 5.7 trillion). This could be accredited to the breakout of suspicious large-scale forex transactions last year, which prompted local authorities such as the Korea Customs Service and the Financial Supervisory Service (FSS) to initiate planned investigations.The most common type of illegal foreign exchange transaction cases referred to prosecutors was similar to those that incurred fines: overseas remittances disguised as trade payments, constituting 49.9% (KRW 4 trillion) of all cases. Transferring foreign currency via unregistered entities was the second most common violation, making up 47.2% (KRW 3.8 trillion). These transfers breach the Foreign Exchange Transactions Act and are always reported to prosecutors.Go thereby called on authorities to intensify crackdowns on illegal forex transactions aimed at trading virtual assets and to revise foreign exchange regulations accordingly.

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Web3 & Enterprise·

Dec 09, 2025

Abu Dhabi broadens crypto regime with new stablecoin approvals and Binance licensing

While global cryptocurrency sentiment remains subdued, authorities and state-linked investors in Abu Dhabi are deepening their engagement with digital assets through expanded regulation and increased capital allocation. On Dec. 8, stablecoin issuer Tether and cryptocurrency exchange Binance announced they had secured regulatory approvals from the Abu Dhabi Global Market (ADGM), the international financial center and free economic zone in the UAE capital. The moves signal a continued effort by the United Arab Emirates to integrate blockchain technology into its formal financial system, creating a contrast with the broader market’s current “extreme fear” rating of 22 on the Alternative Fear and Greed Index.Photo by DrawKit Illustrations on UnsplashTether, Ripple stablecoins approvedTether confirmed that its USDT stablecoin has been designated as an Accepted Fiat-Referenced Token within the ADGM. This status allows financial entities licensed by the Financial Services Regulatory Authority (FSRA) to conduct regulated activities involving USDT across a broader range of blockchain networks, including Aptos, Celo, Cosmos, Kaia, Near, Polkadot, Tezos, TON, and TRON. The approval builds on previous authorizations for USDT on Ethereum, Solana, and Avalanche, and follows the FSRA’s recognition of Ripple’s RLUSD stablecoin last month. Binance fully cleared for regulated launch Simultaneously, Binance announced it has secured full authorization from the FSRA to operate a regulated platform within the financial center. Pending final operational preparations, Binance is scheduled to commence regulated activities on Jan. 5, 2026. The exchange will operate in Abu Dhabi through a three-entity structure that separates key functions, mirroring traditional financial infrastructure. Nest Exchange Limited (currently Nest Services) will function as the regulated arm for spot and derivatives trading, while Nest Clearing and Custody Limited will manage clearing and settlement. Broker-dealer activities will be handled by a third entity, Nest Trading Limited (currently BCI Limited). Circle awarded FSP for paymentsMore recently, Circle, the issuer of the USDC stablecoin, announced the receipt of a Financial Services Permission (FSP) license from the FSRA. The license allows Circle to act as a Money Services Provider within Abu Dhabi’s International Financial Centre (IFC), enabling it to support regulated payment and settlement services for businesses, developers, and financial institutions across the UAE. Circle has been expanding its regulatory presence in the region throughout the year. In February, the Dubai International Financial Centre (DIFC) recognized the company’s USDC and EURC tokens as permitted crypto assets under its virtual asset framework. This regulatory expansion comes amid the UAE’s efforts to develop a comprehensive financial compliance framework. A recent report by the Global Finance & Technology Network identified the UAE as one of seven jurisdictions globally that meet three core standards for anti-money laundering and counter-terrorist financing compliance. Those standards include know-your-customer (KYC) and identity verification, suspicious transaction reporting, and implementation of the Financial Action Task Force (FATF) Travel Rule. Institutional capital inflows riseIn parallel with the regulatory push, investment vehicles linked to the Abu Dhabi government have increased their exposure to digital assets. Bloomberg reported that in the third quarter, the Abu Dhabi Investment Council, a Mubadala subsidiary, increased its position in BlackRock’s iShares Bitcoin Trust ETF more than threefold to nearly eight million shares. Separately, the Royal Group, an investment firm associated with the Abu Dhabi royal family, currently holds roughly 6,516 Bitcoin, according to Arkham data. An earlier Crypto Briefing report noted that this acquisition was carried out through its majority-owned subsidiary, Citadel Mining. These simultaneous developments in licensing and capital allocation suggest a coordinated strategy to establish Abu Dhabi as a hub for institutional digital assets, with a focus on long-term infrastructure despite current market fragility. 

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