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Crypto.com indefinitely delays South Korea launch following on-site inspections

Policy & Regulation·April 26, 2024, 1:44 AM

Crypto.com, one of the world's largest cryptocurrency exchanges, has indefinitely delayed its service launch in South Korea after the country's financial regulators conducted an on-site inspection on the exchange. The inspection came after the country’s Financial Intelligence Unit (FIU) under the Financial Services Commission detected data that appeared to violate anti-money laundering (AML) compliance requirements from the documents submitted by Crypto.com, according to local media Segye Ilbo. This decision came just six days ahead of its planned launch, originally scheduled for April 29. 

 

The exchange has secured a virtual asset service provider (VASP) license by acquiring the local trading platform called OkBit in June 2022. A VASP license allows a digital asset exchange to operate in Korea. 

https://asset.coinness.com/en/news/8b2788f17431e53d68ba1f738055cdc4.webp
 Photo by Leeloo The First on Pexel

Mitigating ‘Kimchi Premium’ effect 

Crypto.com initially planned to launch a mobile app featuring cryptocurrency trading on April 29, targeting South Korean retail investors. The platform aimed to differentiate itself from other local competitors by offering crypto assets at reasonable prices, mitigating the so-called Kimchi Premium effect, as announced in a press conference on April 2. The Kimchi premium refers to relatively high crypto prices in the Korean market compared to other foreign markets, which is prevalent in Korea’s major licensed crypto exchanges.

 

The effect often results in Korean investors buying crypto assets at higher prices than those on other global crypto exchanges such as Binance. This is likely where the concerns for AML violation come up, financial experts assume, as the platform’s strategy could facilitate arbitrage during operation. 

 

Crypto.com remains committed to Korea launch 

In a statement sent to CoinDesk, a spokesperson of Crypto.com said, “Crypto.com maintains the highest Anti-money Laundering standards in the industry. We will postpone our launch and take this opportunity to make sure Korean regulators understand our thorough policies, procedures, systems and controls, which have been reviewed and approved by major jurisdictions around the world.” 

 

The person also mentioned that South Korea is a difficult market for global crypto exchanges to enter, but still emphasized the company’s commitment to cooperating with local regulators. 

 

“OkBit maintained approximately 900 customers at the point of acquisition by Crypto.com, and OkBit has never been cited for any AML infractions. Since the acquisition, existing OkBit customer access has been limited to withdrawals,” the spokesperson said.

 

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Policy & Regulation·

Jun 08, 2023

Korean Financial Watchdog Takes Action to Prevent Abnormal Foreign Currency Transfers

Korean Financial Watchdog Takes Action to Prevent Abnormal Foreign Currency TransfersAccording to yesterday’s press release, the South Korean Financial Supervisory Service (FSS) has undertaken measures to tackle the issue of abnormal foreign currency transactions disguised as cross-border trade transactions. After identifying suspicious transactions of a total of approximately $7.2 billion involving 83 companies, the FSS has collaborated with the Korea Federation of Banks and domestic financial institutions to establish a task force. The objective is to improve the existing system and prevent such occurrences in the future.Photo by Eric Prouzet on UnsplashWeaknesses in internal controlsDuring inspections conducted within the banking industry since June 2022, the FSS uncovered weaknesses in internal controls related to foreign currency transfers. These included instances where banks neglected to verify the required documents for transfers and failed to detect abnormal transactions that had been ongoing for an extended period of time. The abnormal foreign currency transfers primarily involved funds flowing out of Korean virtual asset exchanges and being sent overseas under the pretense of trade transactions.Three-line defense internal control systemTo address these vulnerabilities, the task force has engaged in discussions and decided to build an internal control framework within the banking industry, rather than to add a new procedure. This was to minimize the disruption that the new system can pose to banks regarding foreign exchange transactions. The dedicated group has introduced a three-line defense internal control system.The new internal control system comprises three parts. Firstly, it involves standardizing a checklist of vital checkboxes that must be completed before initiating advance remittance transfers for imports. Secondly, the monitoring system employed by banks will be strengthened. Lastly, a follow-up system will be developed, clearly outlining the roles and responsibilities of banks and incorporating a review process.Implementation and timelineBanks plan to implement these improvement measures in July, following necessary preparations such as guidelines revision and rules update in the second quarter of this year. Since developing a computerized system and devising new procedures may require additional time, they will be gradually introduced in the third quarter.The FSS expects these improvements will ensure the systematic operation of banking institutions’ internal control functions related to cross-border prepayments, thereby preventing suspicious foreign currency transfers and curtailing companies’ risks of violating their obligations.

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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 07, 2023

BitGo CEO Emphasizes Separation of Trading and Custody to Prevent Crypto Bankruptcies

BitGo CEO Emphasizes Separation of Trading and Custody to Prevent Crypto BankruptciesMike Belshe, Founder and CEO of digital asset trust company BitGo, emphasized the importance of separating cryptocurrency trading and custody to prevent incidents similar to those involving Mt. Gox and FTX in his keynote speech at Impact, the main conference of Korea Blockchain Week (KBW) 2023.Established in 2013, BitGo is currently the world’s largest provider of virtual asset custody services, serving more than 1,500 institutions in over 50 countries, including the US, Switzerland, and Germany. Major exchanges like Bitstamp, Korbit, Bullish, Gate.io, and Crypto.com entrust BitGo with safeguarding their virtual assets.Clear divisionDuring his speech, Belshe repeatedly stressed the need for custody services for the sustainability of the virtual asset ecosystem, asserting that separating trading and custody can enhance trust in the industry and attract traditional financial institutions.Unlike stock markets, where payment institutions and custodians are separate entities, this kind of separation does not exist in the virtual asset market. To steer traditional financial institutions toward the virtual asset ecosystem, this issue needs to be addressed, Belshe said.He went on to cite the Mt. Gox hack in 2014 and the FTX collapse last year as examples that underscored the importance of virtual asset custody. Mt. Gox, once the world’s largest Bitcoin exchange, reportedly lost some 650,000 to 850,000 Bitcoins — worth more than $450 million at the time — due to a hacking incident, leading to its bankruptcy. FTX also faced insolvency after it was revealed that it inflated its assets using its native token FTT and that its management was misusing customer investment funds.Photo by Melinda Gimpel on UnsplashBelshe suggested that when Mt. Gox employees discovered the Bitcoin theft during the hack, it was already too late. If custody had been treated separately, the theft could have been detected much faster. Regarding the FTX debacle, he argued that even with just a few auditors, the problems in that situation could have been apprehended. FTX’s ability to provide custody of customer assets themselves led to unauthorized activities, including cross trading and insider trading, ultimately resulting in the misuse of customer funds.Korea’s favorable conditionsBelshe also assessed that South Korea is well-positioned for the establishment of virtual asset custody systems due to its high trading volume and a solid commitment to drafting crypto-related legislation. Seven such bills are currently underway, reflecting the authorities’ determination to address problems in the ecosystem. Korea thus has the potential to establish itself as a hub in Asia, he said.Indeed, BitGo’s partnership with Hana Bank to establish a joint venture for digital asset custody services in Korea is driven by these factors. Through its entry into Korea, BitGo aims to share its extensive knowledge and experience in digital asset business institutionalization and investor protection. It will also apply the expertise and strategies it has accumulated through close communication with regulatory authorities and supervisory agencies in various countries, including the US, to support the integration of virtual assets into the regulated framework in Korea.Belshe commented that through this partnership, BitGo will seek to enhance its understanding of Korea and utilize its technology and expertise to boost confidence in the Korean cryptocurrency market.

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