Amberdata Expands into Asia-Pacific with New Hong Kong Office

Financial regulators in Hong Kong are moving towards the presentation of stablecoin legislation following the completion of a consultation process. In February of this year, that consultation process, which received 108 submissions from professional bodies and industry stakeholders, was completed. It was run jointly by The Financial Services and the Treasury Bureau (FSTB) and the Hong Kong Monetary Authority (HKMA), culminating in the publication of the results of the process.Photo by Pat Whelen on UnsplashLegislative proposal publishedOff the back of that prior body of work, the regulators have now published a legislative proposal, incorporating responses to issues that were brought to light via the consultation process. The regulators concluded that going forward, stablecoin regulation should be considered primarily in terms of those stablecoin assets which operate on a ledger which runs on a decentralized basis. Additionally, no individual or unilateral entity should have the ability to tamper with or control those assets or the network upon which they exist. On this basis, the regulators intend to submit a bill relative to fiat-referenced stablecoins for consideration to the Legislative Council at a later stage in 2024. Before submitting any legislative proposal, the regulators plan to once again consult with stakeholders prior to finalizing any such proposal. As part of what they have set out thus far, regulators are looking to include a requirement for any stablecoin issuer to obtain a license in Hong Kong.  Reserve asset requirementsThey remain open to the idea that reserve assets backing an issued stablecoin could be held in an overseas jurisdiction. However, if the issuer is an overseas entity, it will be required to establish a local corporate entity in Hong Kong, with relevant management personal based within the Chinese autonomous territory. In light of feedback received during the consultation process, the regulator is looking at reducing the attestation frequency that each stablecoin issuer will be required to provide via an independent auditor in order to verify that the stablecoins issued are backed by the requisite amount of liquid assets.  Such reserve assets must be segregated from the working capital of the stablecoin issuer’s business, with the HKMA expressing a preference for a trust-like structure following input via the consultation process. Furthermore, reserve assets must be deemed to be both high quality and highly liquid, which would include cash, bank deposits and government issued securities where counterparty risk is minimized. On the basis that the Hong Kong dollar is pegged to the U.S. dollar, the regulator is content to allow issuers to use USD-denominated reserve assets if they prefer to do so. The legislative proposal also stipulates the need for issuers to have a minimum share capital of HK$25 million or 1% of the value of stablecoin in circulation.  The HKMA foresees crypto exchanges, securities firms and regulated banks having the ability to offer stablecoins to customers, so such offerings won’t be confined to dedicated stablecoin issuers.Back in March the HKMA introduced a stablecoin sandbox with a view towards learning what works best from a regulatory standpoint. It’s understood that a list of participants will be announced in the near future. Participating entities will be able to issue stablecoins in Hong Kong within that controlled sandbox environment, prior to full scale implementation once stablecoin regulation has been fully legislated for.

Japan appears to be gearing up for the potential launch of its central bank digital currency (CBDC), the digital yen, as the government and the Bank of Japan (BoJ) collaboratively lay the legislative foundation for its rollout. While neither the BoJ nor the government has officially committed to the CBDC launch, recent developments indicate an accelerated push for its development. The BoJ's heightened focus on digital yen comes amidst concerns about falling behind China's and Europe's rapid progress in the CBDC space.Photo by Wenhao Ji on UnsplashOvercoming legal issuesAccording to a report by Japanese media outlet NHK, in a recent meeting, the Japanese government and the BoJ discussed future tasks and legal issues related to its CBDC implementation. To ensure a smooth and legally unobstructed launch, Tokyo aims to establish the necessary legal framework well in advance. Local news media Coinpost reported that the proposed legislation is set to "assume the introduction of the digital yen" and may involve amendments to key laws such as the Bank of Japan Act, the Criminal Code and the Civil Code. The goal is to finalize the list of required legal amendments by spring of the current year. In a meeting between Japan's central bank and the Finance Ministry, executives from relevant ministries and central bank directors explored various aspects of the CBDC. Discussions included the collaboration between a potential central bank digital currency and private cashless businesses, with a focus on convenience and personal data protection. Finance Ministry keen on launch ASAPLast month, the central bank received a report from a Ministry of Finance expert panel which recommended the launch of the digital yen without delay. The Ministry of Finance's December meeting addressed the division of roles between the Bank of Japan and intermediary banks, proposing a "two-tiered model" where domestic commercial banks play a pivotal role in digital yen issuance. Acting as intermediary institutions, these banks will bridge the gap between the central bank and digital yen users. The government and the BoJ are also contemplating ways to involve private businesses in the CBDC project while ensuring fair competition. Security and data privacy considerationsKey considerations in the discussions involve interoperability with other payment methods, ensuring security and handling user information safely. There is also an exploration of potential cross-border payment options. The government and the BoJ are committed to a comprehensive approach that considers various aspects of the CBDC project. Japan's unique context in the CBDC landscape is highlighted, with its continued reliance on cash and the presence of multiple private-sector tokenized money initiatives. Notably, the country boasts over 100 institutions and enterprises exploring digital currency through a digital currency forum since 2020. Separate initiatives, such as the MUFG-backed Progmat DLT platform, contribute to Japan's diverse digital currency landscape. Providing another example of progression in the digital assets arena, it emerged in September that the country is looking to permit startups to raise capital from venture capital firms using digital tokens rather than traditional equity. 

Cryptocurrency Losses Surge to $686 Million in Q3The cryptocurrency industry has witnessed a turbulent third quarter, with losses surging to $686 million. This unsettling development marks the worst quarter of the year, contributing to $1.4 billion in total losses year-to-date.Photo by GuerrillaBuzz on UnsplashImmunefi reportThese alarming statistics have been unveiled in a report by Singapore-headquartered blockchain security firm Immunefi. According to the report, the number of crypto hacking incidents skyrocketed by 153% year-over-year in the third quarter, with 76 separate incidents recorded.This stands in stark contrast to the same period in 2022, which saw a mere 30 hacking incidents. Furthermore, the losses resulting from these incidents witnessed a 60% increase, surging from approximately $429 million in Q3 2022 to the current level of $685 million. This marks the highest loss recorded for the year.Devastating hacksOf these incidents, two major hacks targeting Mixin Network and Multichain were particularly devastating, accounting for nearly half of the total losses in the quarter at $326 million. The Mixin Network hack, attributed to North Korean-sponsored hackers known as the Lazarus Group, underscores the involvement of state-backed actors in crypto-related cybercrimes.The Lazarus Group’s fingerprints were also found in major hacks of cryptocurrency exchanges, including CoinEx, Alphapo, and Stake, as well as digital payments firm CoinsPaid. Web3 projects based in Japan have been particularly hard hit by the hacker group’s activities. The group was responsible for losses exceeding $200 million.An overwhelming majority of the total Q3 losses, approximately 97%, were attributed to hacking incidents, while frauds and scams constituted a mere 3%. Decentralized finance (DeFi) protocols bore the brunt of the damage, with nearly $500 million lost, compared to over $185 million stolen from centralized exchanges and services. This highlights the vulnerability of DeFi platforms and the intricacies of smart contract code that underlie many of these applications.Among the targeted blockchains, Ethereum, BNB Chain, and Coinbase-incubated Base blockchain were the most prominent, with Ethereum being hit by 35 out of 82 chain losses. These platforms were singled out due to the substantial funds they held and the high level of activity on their networks.Greater recovery effortsThough the situation may appear bleak, there is a glimmer of hope in the form of recovery efforts. Immunefi reports an 8.9% recovery rate, with $61.2 million of stolen funds successfully reclaimed in six cases. Notably, Mixin Network recently introduced a $20 million “bug bounty” in a bid to incentivize the return of stolen funds, underscoring the cryptocurrency industry’s unwavering determination to combat these challenges.Immunefi itself has played a pivotal role in mitigating crypto-related risks, disbursing over $80 million in bounties and safeguarding more than $25 billion in user funds across various protocols. The company’s recent launch of on-chain vaults represents a significant step toward decentralizing its bug bounty platform, further fortifying security within the crypto ecosystem.