Asia diverges on crypto policy as China clamps down, neighbors embrace

Several South Korean crypto-only exchanges have long been struggling to keep their business afloat due to their prolonged weak performances. The local news outlet Etoday reported that the persistent underperformance of these local crypto exchanges is mounting pressure on their corporate operation and management, resulting in them shutting down their businesses. The situation hinders them from meeting the requirements set by the Financial Intelligence Unit (FIU) of the Financial Services Commission (FSC).  Their inability to generate sufficient revenue, due to faltering token trading volumes, makes complying with the FIU guidelines a daunting task.Photo by Anne Nygård on UnsplashCascading closure of crypto exchanges According to crypto industry insiders, local crypto-only exchanges including Cashierest, Coinbit, Huobi Korea, Probit and Tennten have announced their service closure as early as the second half of last year. On Nov. 6, Cashierest announced it was shutting down its services, with Coinbit following suit in the same month. The cascading closure announcements from crypto exchanges raised concerns about their potential harm on investors.  In an effort to protect crypto investors, the FIU has released a statement that local crypto exchanges are obliged to meet the requirements of the FIU in compliance with the Virtual Asset User Protection Act, despite their closing of services. Furthermore, the regulator said finalizing business closure requires due assessment by the FIU.  "Virtual asset service providers (VASPs) must notify their users of the closure and explain how to reclaim their assets at least one month before the business closing date. They must also support users to withdraw their assets for at least three months before closing," the FIU stated.  Struggling to meet FIU requirements However, some point out that it would be challenging for near-bankrupt crypto exchanges to run a customer service center for more than three months. Some exchanges allow users to deposit and withdraw their assets until their closure, as they would under normal conditions, but charge additional fees afterward. "It is very demanding to operate customer services when we're seeing no actual gains," one exchange official said.  It has been found that some crypto exchanges failed to register a change in their business state with the FIU, which is mandatory in the event of business location or contact changes, under the Financial Transaction Reports Act.  When Etoday reporters visited the offices of some of these crypto exchanges, they were met with empty rooms. One person who is familiar with the matter said, "The exchange has moved its office to another location and is scheduled to resume service in March." 

With Thailand just having elected its youngest-ever Prime Minister (PM), speculation has arisen within the crypto sector as to whether the new appointee will be bullish where digital assets are concerned. On Sunday, 37-year-old Paetongtarn Shinawatra was sworn in as the Southeast Asian country’s Prime Minister, having received two-thirds of the votes in a House of Representatives ballot on Friday. On Aug. 18, a pseudonymous crypto commentator, @martypartymusic, told his 109,000 followers on X that Shinawatra’s appointment was positive for crypto. He wrote:”She is a crypto bull. Her father was a crypto bull. IMO: Thailand could be next to adopt crypto as legal tender. Let’s watch it play out."Photo by Evan Krause on UnsplashDigital wallet programShinawatra has committed to continuing a similar approach to policy as followed by her predecessor, Srettha Thavisin. That will include an emphasis on pursuing economic reform and accommodating economic stimulus measures.  One crypto-related measure introduced by her predecessor is the digital wallet handout project. According to Nikkei Asia, the scheme has been burdened with both legal and budgetary challenges. Kasit Piromya, a former Thai Foreign Minister, is understood to have said that Shinawatra would be committing “political suicide” if she continues to drive that project forward.  It’s understood that she has indicated that the government will continue with the project but that it plans to take steps to ensure that the program can proceed in a financially sustainable way. Shinawatra’s Pheu Thai Party had first floated the notion of giving 10,000 baht in digital assets, at the time valued at $300, in April 2023, to Thai citizens above the age of 16. Further moves were made to progress that $14 billion project earlier this year. While insiders have reported that Shinawatra has been non-committal about the digital wallet project, she has been quoted as stating previously that “the digital wallet scheme is a project we intend to use as a major economic stimulus.” As various commentators speculate on her likely course of action, the reality is that these matters will remain unclear until such time as she appoints a cabinet and announces relevant policies. Tanawat Sutunthivorakoon, the CEO of Thai digital asset management platform Bitazza Thailand, expressed the view that this change in leadership will have very little impact on the development of digital asset regulation in the Southeast Asian country. Regulatory developmentThe country has seen a number of crypto-positive developments over recent months. Back in March, the country’s tax authority approved a crypto income tax exemption in an effort to incentivize crypto-based fundraising. The authorities had already made crypto trading VAT-free the previous month. Earlier this month, Thailand’s Securities and Exchange Commission (SEC) introduced a digital asset regulatory sandbox in an effort to foster innovation relative to the digital assets sector. The SEC allowed institutional investors in Thailand to access U.S. spot Bitcoin exchange-traded fund (ETF) products. In June, the regulator followed up by approving the country’s first spot Bitcoin ETF.

Leading cryptocurrency exchange platform Bybit has joined a growing list of competing platforms by applying for a Virtual Asset Trading Platform Operator (VATP) license with the Hong Kong Securities and Exchange Commission (SFC). The application, submitted through the Bybit affiliate business entity Spark Fintech Limited on Jan. 31, is currently under review along with 13 similar VATP applications.Photo by Simon Zhu on UnsplashStrategic licensing playIn the dynamic landscape of cryptocurrency regulations, obtaining a VATP license in Hong Kong is a strategic move. Currently, only two crypto exchanges, OSL and HashKey Exchange, are licensed by the SFC in Hong Kong. OSL secured its license on Dec. 15, 2020, while HashKey Exchange was licensed on Nov. 9, 2022. Under a partnership agreement with OSL, Interactive Brokers has been enabled in its ability to commence trading in Hong Kong. Exchanges who have followed through on the license application process include OKX, Gate.io, and KuCoin, among others. It’s not something that is being taken on without these platforms weighing up the long term potential due to the cost implications. It emerged last year that companies were spending up to $25 million in their efforts to obtain licensing in Hong Kong. VATP vs. VASP licensingThe VATP license holds significance as it allows Hong Kong-based firms to cater to retail customers in contrast to the Virtual Asset Service Provider (VASP) license, which restricts companies to serving professional investors. In Hong Kong, investors must have portfolios valued at a minimum of eight million Hong Kong dollars ($1.03 million) to qualify for professional investor status. Hong Kong has positioned itself as a leading destination for crypto companies, particularly in 2023, owing to its favorable regulatory approach compared to mainland China's stringent crackdown on digital assets. The SFC has introduced crypto-oriented regulations, opening doors for both institutional and retail investors to participate in the crypto market. This regulatory environment has contributed to the city-state's emergence as a hub for crypto activities. Dubai-headquartered Bybit's move to seek a VATP license aligns with the growing trend of crypto companies finding a home in Hong Kong. In a statement, Ben Zhou, the founder and CEO of Bybit, emphasized the city's strategic location and established financial infrastructure as ideal for their operations and serving institutional clients across the Asia Pacific region. Institutional offeringAs part of its strategy to grow its institutional customer base, the company revamped its institutional market offering last October. With that institutional business in mind, it has also formed strategic partnerships, including collaborating with Talos, an institutional digital asset trading technology provider, and joining forces with Copper to offer custodial and settlement services for institutional clients through Copper's ClearLoop service. Bybit, launched in 2018 by Zhou, boasts a substantial user base, serving over 22 million registered users in 160 countries globally. Claiming a daily trading volume of $16.53 billion, Bybit holds the fifth-highest score among spot exchanges worldwide and is the second-ranked derivatives exchange, trailing only behind Binance, according to CoinMarketCap data. The exchange has consistently ranked in the top positions for futures and perpetuals trading throughout the last calendar year.