Regulator pulls plug on Bybit in Malaysia

Japan's Financial Services Agency (FSA) is proposing new legislation in an effort to prevent the assets of Japanese investors held on crypto exchanges from being transferred overseas. According to local news outlet Jiji Press, the Japanese regulator recently put forward the idea of drafting such a bill. It’s thought that the move suggests that the Japanese regulators have learned from the collapses of cryptocurrency exchanges Mt. Gox and FTX. Photo by Jaison Lin on UnsplashLearning from past failuresWhile Japan already had a higher standard of regulation in place prior to the FTX collapse, likely as a consequence of the authorities having experienced the downfall of Mt. Gox in February 2014, there is still room for improvement.  While funds had been ring-fenced for FTX Japan users, those who accessed services advertised in Japan through the FTX app were deemed to have been accessing a service which fell under an international jurisdiction, denying them the same protections otherwise offered to FTX Japan platform users as a consequence of the regulations that had been put in place. Incorporating a holding orderJapanese media outlet Nikkei described this latest move by the Japanese FSA as follows: “The Financial Services Agency is moving towards creating a new ‘holding order’ in the Payment Services Act, which regulates cryptocurrency exchanges, that will order them not to take domestic assets entrusted to them by customers overseas.” Consequently, the regulator is looking to add this as the latest proposed amendment to the Payment Services Act. Back in September it emerged that amendments to that existing legislation were being looked at with a view towards making it easier for businesses to incorporate digital assets into their service offerings. The regulator has also been mulling over the reclassification of crypto as a financial instrument by amending the Payment Services Act accordingly. Additionally, a more generous tax policy is being proposed. Currently, the Japanese authorities impose a tax rate of up to 55% on cryptocurrency-related revenues. Corporate holders of digital assets have to apply a 30% tax rate, irrespective of income or profits. With that, a 20% tax rate is being considered. The matter became a political issue prior to the East Asian nation’s recent elections, with the leader of the Democratic Party for the People (DPP) backing the application of a 20% crypto tax rate. The application of a holding order has applied previously to companies that have been registered under the Financial Instruments and Exchange Act. This proposed amendment would see it applied to virtual asset trading platforms as part of the Payment Services Act. Guarding against bankruptcy lossesIf applied, the amendment would prevent loss of Japanese investor funds in circumstances where a crypto exchange platform goes into bankruptcy. Legal precedent set in the FTX bankruptcy in the United States means that if a user’s funds go into a non-individually segregated hot wallet belonging to an exchange, any property rights, even if explicitly outlined in the terms of service, are lost.  A company can make a case to go into bankruptcy in any international jurisdiction, which means that this precedent has potential implications for all market participants. The proposed amendment from the Japanese FSA would serve to protect investors from such an eventuality.

Web3 Offers Potential for Japan to Rediscover its MojoEveryone recognizes that Japan has been at the forefront of innovation and the development of technology in the past but can it rediscover that cutting edge through Web3 and blockchain? In a recent interview with Forkast News, Yudai Suzuki, Co-Founder of a Tokyo-based Web3 incubator, suggested that it has that potential.©Pexels/邱 韬Re-establishing a competitive edgeSuzuki, who heads up Fracton Ventures, believes that such a pivot is possible for Japan in making Web3 the means through which it can rediscover the innovative edge it has been lacking in more recent years.Despite an historical strength and depth in technology and innovation, Japan has struggled when it comes to adopting and implementing new technology on a global scale more recently.Legacy techEarlier this year, it emerged that leading Japanese technology companies were collaborating with a view to creating a new open metaverse infrastructure called “Ryugukoku.” That project implicates the creation of a Japan Metaverse Economic Zone. Suzuki cites this project as demonstrative of a key issue relative to the overall development of Web3 in Japan.The project involves Japan’s legacy tech companies such as Fujitsu and Mitsubishi. He goes on to clarify that the majority of Web3 projects in Japan are being led by the existing technology behemoths despite the fact that Japan is seeing the emergence of a Web3-native generation.Suzuki identifies that one of the fundamental aspects of Web3 is that every decentralized autonomous organization (DAO) that’s created is immediately global in nature. Allied with that, most of that 18–25 year old Web3 native generation in Japan want to break through language barriers and communicate on a global basis.That outward looking characteristic is positive but it’s not how venture investment has traditionally worked in Japan. He explains that the conventional approach to investing in start-ups in Japan has been to first look to dominate the Japanese market before going global. The Fracton Ventures founder believes that this is a flawed approach in today’s world and that by the time they’ve gotten to number one in Japan, it’s already too late in trying to achieve that on a global basis.Government responsibilitySuzuki places much of the responsibility in affecting a more appropriate approach on the Japanese Government. “If they focus only on these huge Japanese companies, they will not succeed,” he says. He is also critical of the regulatory approach. Suzuki believes that “the government wants to change the laws and set new regulations at an early date,” and with that, such over-regulation has resulted in crypto entrepreneurs leaving the field. Regulation needs to be set on a more flexible basis so that it can be easily updated and upgraded as the technology develops.Global MindsetHe highlights the importance of having a global mindset and being open to different ideas and perspectives in order to succeed in the Web3 space. The entrepreneur points to that Web3-native demographic in Japan, explaining that their mindset has changed to a more global one as a consequence of dabbling in Web3. The same he believes is necessary on the part of the government if Japan is to become a leader in the tech industry once again.

OKX Follows Path Towards Dubai LicensingSeychelles-headquartered OKX, one of the world’s largest cryptocurrency exchanges, has expressed its intention to seek regulatory approval for operating in Dubai as part of its expansion strategy in the Middle East.With that objective, the company has obtained a Minimum Viable Product (MVP) preparatory license, an interim step on its path towards full licensing. That’s according to a press release published on Thursday.Tim Byun, OKX’s Global Head of Government Relations, emphasized the growing trend of regulation within the industry. In an interview with Reuters, Byun stated: “We would like to get ahead of that curve and be regulated in a sound manner.” The move comes in the wake of recent legal action taken by the Securities and Exchange Commission (SEC) in the United States against Binance and Coinbase, two of the largest crypto exchanges, for alleged breaches of SEC rules.Photo by Marcus Herzberg on PexelsSwitching to DubaiByun believes that the SEC’s actions will compel more market participants to seek out innovative regulators such as Dubai’s Virtual Asset Regulatory Authority (VARA).To support its expansion plans, OKX intends to hire 30 staff members following the opening of an office last month in the Dubai World Trade Center, strategically located in the business and financial hub of the United Arab Emirates.Byun further explained that by expanding its services from Dubai to jurisdictions like Saudi Arabia or Bahrain, where no domestic regulatory framework is in place, the local populations would benefit significantly from OKX’s regulation under an international regulator.Following Bahamian regulationCurrently regulated in the Bahamas, OKX does not allow customers from the United States to utilize its platform due to regulatory concerns. Following the collapse of FTX in November of last year, the Bahamas has suffered reputationally.It’s seen as a jurisdiction with much looser regulation and as the FTX debacle demonstrated, one that proved to be totally ineffective in preventing the epic fraud that occurred in that instance.Effective regulatory frameworkIn contrast, Dubai and the United Arab Emirates (UAE) in general seem to be making a much better effort towards a workable yet effective regulatory framework. Established in March 2022, VARA serves as the regulatory authority overseeing the burgeoning virtual asset sector in Dubai, excluding the Dubai International Financial Centre financial free zone. The United Arab Emirates has been actively working towards positioning itself to become a global crypto industry hub.No company has yet obtained a license for VARA’s full market product (FMP) stage, which would grant permission to serve retail clients. Byun revealed that OKX intends to apply for such a license.Byun concluded by expressing OKX’s willingness to be regulated and licensed in jurisdictions that adopt a balanced, clear, and transparent approach to the industry. The exchange is committed to operating within frameworks that prioritize investor protection and promote market integrity.