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DPK’s landslide win in general election stokes anticipation of spot Bitcoin ETFs approval in Korea

Policy & Regulation·April 12, 2024, 11:30 PM

A couple of days have passed since the 22nd general election took place in South Korea, whose results have disappointed President Yoon Seok-yeol and the country's ruling People Power Party (PPP). The main opposition Democratic Party of Korea (DPK) won the election in a landslide, securing a total of 175 seats out of 300 in the National Assembly.  

 

Now, with the DPK set to continue exerting control over the National Assembly, financial industry insiders are focusing on whether the liberal party will stick to its campaign pledges to ease regulations on cryptocurrencies and related products – most notably, approving investment and trading of spot Bitcoin exchange-traded funds (ETFs) within the country, according to media outlet Yonhap Infomax.

 

Ever since the U.S. Securities and Exchange Commission (SEC) approved spot Bitcoin ETFs in January, interest surrounding such products has intensified among Korean investors. 

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Photo by Alesia Kozik on Pexel

However, the Korean Financial Services Commission (FSC) has been reluctant to approve such spot ETFs, citing the potential risk of such approval violating the Financial Investment Services and Capital Markets Act.

 

Various pledges to ease crypto regulations 

The DPK, in response, has introduced several campaign pledges aimed at easing crypto regulations, both to win votes from younger Koreans – especially those in their 20s and 30s who make up a significant portion of crypto investors in the country – and to bolster the local crypto market.

 

Among these pledges was to include virtual asset ETFs in Individual Savings Account (ISA), which would enhance tax breaks for crypto gains. Another notable pledge was to deduct taxes on crypto gains worth up to KRW 50 million (approximately $36,560). Under the current law, only crypto gains within the limit of KRW 2.5 million qualify for the tax deduction.

 

One local crypto insider commented on the outcome of the general election, saying that the industry will need to keep an eye on how the situation surrounding crypto regulations develops, as easing such regulations was one of the key promises the DPK made during the election campaign period.  

 

Still, long way ahead for Korea to approve spot Bitcoin ETFs

Meanwhile, CryptoQuant CEO Ki Young Ju left a comment yesterday on the X (formerly Twitter) post written by crypto analyst MartyParty, which reads, "South Korea has approved spot Bitcoin ETFs." 

 

Ju pointed out that South Korea still has "a long way to go" when it comes to approving spot Bitcoin ETFs, noting that just because "the Bitcoin-friendly Democratic Party," or the DPK, won the general election doesn't mean that financial regulators have approved such products. 

 

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Policy & Regulation·

Dec 23, 2023

3AC liquidators estimate 46% recovery while BVI court freezes $1B

3AC liquidators estimate 46% recovery while BVI court freezes $1BThe joint liquidators of the now-defunct Singaporean crypto hedge fund Three Arrows Capital (3AC) have provided creditors with an estimated 45.74% recovery rate for their claims in the bankrupt estate. Meanwhile, in parallel proceedings in the British Virgin Islands (BVI), a court has frozen $1 billion of founders’ assets.According to The Block, the details were disclosed in a December report to creditors by joint liquidators Russell Crumpler and Christopher Farmer of Teneo, the firm appointed to oversee the liquidation of the failed business.$1.16B in assetsAs of Dec. 18, the estimated value of 3AC’s assets was reported to be $1.16 billion, while claims totaling $2.7 billion are expected to be recognized for distribution. The liquidators highlighted that settlements in litigation against various parties, including DCG, Genesis and BlockFi, increased reported assets by an estimated $292 million. It’s important to note that the BlockFi settlement is still pending approval.A total of 154 claims, valued at $3.4 billion, were filed against the 3AC estate. The report indicates that $200 million of claims were not admitted for distribution, and $322 million in claims have either been rejected or are expected to be rejected. Additionally, $76 million in claims are currently under dispute. The report reveals that initial distributions to creditors are being planned for the first quarter of the upcoming year.Illiquid tokensThe breakdown of assets reveals that a large majority are illiquid tokens, subject to vesting periods, comprising 82% of the total. Only 6% of the portfolio is liquid, while equity and investments account for 6.9% and 4.8% is in cash. These illiquid tokens, totaling $563 million at current prices, consist of 13 different tokens with vesting schedules unlocking assets over the next three years, reaching $200 million by the end of 2024.To date, the liquidators have staked some of these tokens, resulting in $5.4 million in staking rewards. Liquidation efforts, including the sale of $34.5 million worth of liquid tokens and $15 million in NFTs, along with other asset sales, have generated a total of $66 million.Photo by Kemp Fuller on UnsplashFrozen assetsIn a related development, Bloomberg reported on Thursday that a British Virgin Islands court has frozen assets totaling $1.1 billion belonging to 3AC co-founders Su Zhu and Kyle Davies, along with Davies’ wife Kelly Chen. The liquidators filed a claim for insolvent trading against the founders for $1.078 billion, with additional claims against Davies for $66 million and Chen for $4.6 million.Teneo outlined the rationale behind the move in the following statement it made to Decrypt:“The worldwide freezing order has been sought in connection with claims that are being pursued by the liquidators that allege, amongst other things, that the Founders should be held responsible for causing 3AC’s position to deteriorate by an amount that is equivalent to the value of the freezing orders sought.”Su Zhu, who was under house arrest for the last few weeks, became free on Dec. 20. Zhu had been arrested in Singapore on Sept. 29 and sentenced to four months imprisonment, serving two-thirds of his sentence under house arrest.Throughout the bankruptcy proceedings, legal fees have accumulated to $49.7 million while the report suggests ongoing efforts to maximize creditor recovery.

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Policy & Regulation·

Oct 11, 2023

Israel Freezes Crypto Accounts Linked to Hamas

Israel Freezes Crypto Accounts Linked to HamasIsrael has taken action to freeze cryptocurrency accounts believed to be involved in a fundraising campaign for the Palestinian militant group Hamas on social media, according to a statement by Israeli police on Tuesday.Hamas recently carried out a series of devastating attacks from Gaza into Israel, leading to one of the most severe escalations in the Israel-Palestinian conflict in years.According to the police statement:“With the outbreak of the war, Hamas’ terrorist organisation initiated a fundraising campaign on social networks, urging the public to deposit cryptocurrencies into their accounts.”Photo by Taylor Brandon on UnsplashBinance implicatedIn response, the Police Cyber Unit and the Ministry of Defense, with the cooperation of global crypto exchange Binance, located and froze these accounts, with the intention of diverting the funds to the state treasury.While the statement did not provide specific details about the number of accounts frozen or the value of the cryptocurrencies seized, it emphasized the government’s proactive efforts to counteract these activities.Hamas had been using cryptocurrencies as a fundraising method for some time, but in April, the group announced that it would discontinue receiving donations in Bitcoin, citing an increase in “hostile” activities against its donors.Binance has been cooperating with global law enforcement agencies and regulators to combat illicit activities, including those related to terrorism financing. A spokesperson for Binance stated:“Over the past few days, our team has been working in real time, around the clock, to support ongoing efforts to combat terror financing.”Unwelcome attentionThe exchange also mentioned that the data used to identify individuals and entities associated with specific organizations comes from intelligence provided by law enforcement and investigative tools developed in collaboration with partners.While Binance is cooperating with law enforcement on these matters, such specific attention is likely to be unwelcome. The exchange platform has been the subject of severe regulatory pushback internationally in 2023. Any suggestion of terrorist financing being enabled through the platform, even if unknowingly so, won’t be helpful to the business in overcoming its regulatory challenges.In the lawsuit taken against Binance by the Commodity Futures Trading Commission (CFTC) in the United States earlier this year, the CFTC claimed that Binance was aware that it had facilitated terrorist financing, specifically referring to Hamas-related transactions.Given that all eyes are currently on the activities of the Palestinian terrorist group, there could also be trouble for rival platform Bitfinex. According to a Wall Street Journal report earlier this year, Bitfinex Turkiye was alleged to have facilitated an account that was used by Hamas for money laundering purposes.Previous crypto seizuresThis action by Israel is not the first of its kind. In May, Reuters reported that Israel had seized approximately 190 crypto accounts on Binance since 2021, including two accounts linked to the Islamic State and dozens owned by Palestinian firms associated with Hamas.Binance responded to these developments by affirming its commitment to cooperate with law enforcement agencies and emphasized that it uses information available only to law enforcement to identify individuals involved in activities related to illicit organizations.

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Policy & Regulation·

May 30, 2023

Bybit Gets Outline Approval to Operate in Kazakhstan

Bybit Gets Outline Approval to Operate in KazakhstanBybit, the cryptocurrency spot and derivatives trading platform, is expanding its operations with a recent “in-principle” approval from the Astana Financial Services Authority (AFSA) in Kazakhstan. This approval allows Bybit to operate as a digital asset trading facility and custody services provider at the Astana International Financial Centre (AIFC).Photo by Engin Akyurt on PexelsExpanding area of operationsBen Zhou, the co-founder and CEO of Bybit, expressed his belief in the promising potential of the Commonwealth of Independent States (CIS) region for the growth of the crypto industry. He also emphasized Bybit’s commitment to complying with local regulations, following the recent scrutiny the company faced in Japan for operating without proper registration.To obtain permanent authorization to serve the local market, Bybit must fulfill certain pre-conditions specified in the in-principle approval and complete the application process. In April, it emerged that the company had established its global headquarters in Dubai, where it has already secured “in-principle” approval to operate a virtual assets business. Bybit has also been active in Hong Kong and is in the process of obtaining a license to trade in the Chinese autonomous territory.Debit card and lending servicesAs well as a geographical expansion, in recent months Bybit has also been expanding its service offering. On May 2, the exchange announced the introduction of crypto lending services for its users. This addition allows users to lend and borrow cryptocurrencies through the Bybit platform, providing them with more opportunities to maximize their holdings.Earlier this year, Bybit collaborated with Mastercard to launch a new debit card tailored for cryptocurrency payments. This partnership aimed to bridge the gap between traditional financial systems and the growing crypto ecosystem, allowing users to spend their cryptocurrencies seamlessly in everyday transactions.Kazakhstan’s crypto strategyKazakhstan got off to a difficult start with crypto. Once crypto miners were banished from China, many of them moved operations to Kazakhstan, putting pressure on the local power grid.The local administration has since gotten to grips with the industry, restricting crypto miners’ access to cheap electricity. Bybit’s decision to offer services in Kazakhstan aligns with the country’s current efforts to position itself as a regional hub for crypto, mining, and blockchain.In February, local officials implemented a mandate that requires 75% of revenue generated from crypto mining to be sold through a crypto exchange, with the aim of combating tax evasion.CBDC developmentFurthermore, Kazakhstan has been actively exploring the development of a central bank digital currency (CBDC) and is currently in the pilot phase of its implementation. The introduction of a CBDC can potentially revolutionize the country’s financial landscape, offering faster and more efficient digital transactions while maintaining regulatory oversight.Bybit’s pre-approval in Kazakhstan signifies the company’s strategic expansion into a region with a favorable regulatory environment for cryptocurrencies. As the crypto industry continues to evolve, partnerships between traditional financial institutions and crypto exchanges, like the collaboration between Bybit and Mastercard, demonstrate the increasing integration and acceptance of digital assets in mainstream financial systems.

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