Japan to classify crypto as financial instruments, seeks 20% tax rate

The Financial Services and the Treasury Bureau (FSTB) and the Hong Kong Monetary Authority (HKMA) are charting new regulatory territory with the release of a comprehensive consultation paper outlining their proposal to accept and regulate fiat-referenced stablecoins (FRS) within the Chinese autonomous territory.Photo by Ben Cheung on PexelsConsultation processThe proposal has been published to the FSTB website in the form of a consultation paper titled “Legislative Proposal to Implement the Regulatory Regime for Stablecoin Issuers in Hong Kong.” Separately, the HKMA has published a press release on the topic. This development seeks to establish a regulatory framework for stablecoin issuers and address associated risks. The consultation period is scheduled to conclude on Feb. 29 of next year. At the heart of this legislative proposal is the requirement for companies actively marketing the issuance of FRS to the public of Hong Kong to obtain a specific local license from the HKMA. The proposed criteria for obtaining this license are robust and include key elements such as maintaining reserves “at least equal to the par value” of all circulating stablecoins. This measure ensures that stablecoins remain fully backed, contributing to their stability and reliability. The legislation also places a strong emphasis on the segregation and secure safekeeping of reserve assets, enhancing the protection of users’ funds and preventing misuse. Furthermore, issuers will be mandated to provide transparent disclosure and regular reporting, fostering accountability and transparency within the stablecoin ecosystem. It is noteworthy that the proposed regulations explicitly exclude algorithmic stablecoins from obtaining an HKMA license, underlining a preference for stablecoins with solid reserve backing. No doubt the spectacular collapse of the UST algorithmic stablecoin in 2022 has informed the Hong Kong regulator’s decision to exclude consideration of algorithmic stablecoins in this instance. Need to establish Hong Kong presenceTo underscore their commitment to regulatory compliance, stablecoin issuers seeking an HKMA license will also be required to establish a registered office in Hong Kong. This office must have a chief executive, senior management team and key personnel in place, aligning with Hong Kong’s efforts to ensure that all activities related to stablecoin issuance are conducted responsibly. The proposed licensing regime for FRS aligns with Hong Kong’s broader strategy to foster the growth of the Web3 ecosystem within the region. Christopher Hui, Secretary for Financial Services and the Treasury, highlighted the significance of this move, stating: “With the implementation of the licensing regime for VA trading platforms from June this year, the legislative proposal to regulate FRS is another important measure facilitating Web3 ecosystem development in Hong Kong.” Market competitionBack in February, the HKMA signaled its intent to regulate stablecoins when it issued a discussion paper considering various regulatory approaches. Competition is on an upward trajectory relative to stablecoin issuance and use. In June, Hong Kong-based qualified custodian First Digital Trust announced that it was gearing up to launch "First Digital USD," a U.S. dollar-backed stablecoin regulated in Asia rather than the United States. Leading stablecoin issuer Circle has been active in furthering its product offering in Asia during 2023. It successfully attained licensing approval in Singapore while in Japan, it joined forces with SBI Holdings in an effort to propel further growth of its USDC stablecoin within the Japanese market.

Chinese Prosecutors Issue Warning on NFTsIn recent days, China’s top procuratorial agency, the Supreme People’s Procuratorate of China, issued a warning alongside some guidelines on non-fungible tokens (NFTs).The Supreme People’s Procuratorate is the highest office in China charged with the mandate of upholding legal integrity, safeguarding citizens’ rights, and where necessary, conducting criminal investigations. In a statement published on Monday, the agency set out an advisory, together with additional recommendations, pertaining to NFTs.Photo by Markus Winkler on PexelsNFT status in ChinaWhile all and sundry are aware of a multi-year crack-down by the Chinese authorities on crypto in recent times, exemplified by a ban on crypto trading and the operation of crypto mining facilities within the country’s borders, the status of NFTs has been discussed to a much lesser degree.NFTs remain legal within the country. When the crypto trading ban came into play in 2021, much of the local industry connected with that trading activity disappeared. However, in its place, a newly emergent trend came to the fore in the form of NFTs. With cryptocurrencies perceived as being high risk and sanctioned by the authorities, attention turned to NFTs and there has been a surge of adoption of the digital collectibles within China as a consequence.NFT risksThe procuratorial agency highlighted a number of attributes as well as risks in relation to NFTs in the report that it published. The agency finds the issue of ownership of NFTs as a troublesome one. It cites the fact that NFTs can be replicated and distributed at will on this basis as being particularly problematic. The legitimacy of the right source of the work itself is the decisive factor for the healthy and orderly development of digital works NFT transactions,” it states.It appears that the agency, like many in traditional professional circles before them, have a difficulty recognizing the model of asset ownership that NFTs incorporate. That ownership is not defined by civil law or in accordance with centralized systems but by simply the possession of the requisite private key pertaining to a given NFT within a decentralized system.Blockchain, not cryptoThe agency acknowledged that NFTs do present a novel application of blockchain technology. This is not surprising as while there might be an ongoing clampdown on decentralized cryptocurrencies in China, officials at a national level and in numerous instances within regional administrations, are demonstrating a strategy of leveraging blockchain technology for the betterment of the Chinese economy in the future.Public prosecutor Wang Xia-fen, one of the authors of the report, stated: “It’s widely recognized that digital collectibles have the potential to protect intellectual property rights, boost content creation and enrich the digital economy.” Wang encouraged public prosecutors to “find the distinction between real innovation and criminal activities” where NFTs are concerned.The upshot of its report though, is that the procuratorial agency is uncomfortable with the similarity of many of the attributes of NFTs when compared with decentralized cryptocurrencies. It issued a warning on that basis, emphasizing a need for risk assessment to be carried out and further consideration of the legal risks that are implicated.

Audit Finds Excessive Pay Features on China’s e-CNY ProjectChina’s Digital Currency Research Institute, responsible for developing the digital yuan, has come under scrutiny for its excessive pay rises, which exceeded the typical limit for central government departments by eight times, according to a recent audit report. The report, released by the National Audit Office, sheds light on the inner workings of the institute, which oversees China’s widely used central bank digital currency (CBDC).Photo by Eric Prouzet on Unsplash28 percent pay risesIn 2020, employees at the institute received an average salary increase of around 28%, a significant bump compared to the typical government limit. Despite its influential role, the Digital Currency Research Institute maintains a low profile, lacking an official website and public disclosure of its payroll size, budget, and organizational structure.Since the substantial pay increases in 2020, the institute’s growth appears to have accelerated. Job postings indicate that the institute embarked on a hiring spree in the past year, with positions ranging from Beijing-based software engineers for Google’s Android mobile operating system to cloud platform engineers in Suzhou and blockchain experts in Shenzhen.While the Digital Currency Research Institute is among several government agencies flagged for financial irregularities in the audit report, it is essential to note that the institute plays a crucial role in advancing China’s digital yuan project.Ongoing trialsOver the past four years, trials of the digital yuan, known as e-CNY, have rapidly expanded. Currently, there are 26 pilot cities and 5.6 million merchants accepting the CBDC, accessible through official apps and third-party payment systems such as Alipay and WeChat Pay.Despite the progress made in trial deployments, there is no official timeline for the official launch of the digital yuan. The e-CNY has already demonstrated its utility in various contexts. For instance, in major cities like Beijing, Shanghai, and Chengdu, subway riders can utilize e-CNY as a payment option through local transport apps. Moreover, passengers in eastern Zhejiang province can now use the official e-CNY wallet app to pay for the metro, even without an internet connection.While some cities have started exploring the use of e-CNY for bank loan and utility bill payments, the overall adoption of the digital yuan remains relatively slow. The amount spent using e-CNY is still a fraction of the massive 500 trillion yuan in mobile payments made in China last year. Consumers perceive little difference between e-CNY and traditional payment channels when using popular mobile payment apps.Jiangsu Province is establishing use of the digital yuan within its education system. Meanwhile, in the eastern city of Changshu, local administrators are starting to pay civil servants in e-CNY. To encourage wider acceptance and adoption, it will be crucial to further develop the infrastructure and address the concerns of businesses and consumers.As trials continue, it is expected that the digital yuan will play an increasingly significant role in China’s financial landscape, offering new opportunities while transforming the way transactions are conducted.