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Chinese Court Recognizes Virtual Assets as Legal PropertyAccording to a recent report published by the People’s Courts of the People’s Republic of China, a Chinese court has recognized the legal status of virtual assets, having analyzed their attributes within the framework of Chinese criminal law.The court unequivocally stated that virtual assets are considered legal property under the current legal policy framework and are thus protected by law.The People’s Courts of the People’s Republic of China exercise judicial power independently, free from interference by administrative or public organizations. They have responsibility for adjudicating civil, criminal, and administrative cases.Photo by Christian Lue on UnsplashProperty classificationLocal news source Odaily News reported on the development on Friday, indicating that the report, titled “Identification of the Property Attributes of Virtual Currency and Disposal of Property Involved in the Case,” explicitly recognized the economic attributes of virtual assets, leading to their classification as property.This declaration is particularly significant in light of China’s sweeping ban on decentralized cryptocurrencies. Despite this ban, the report argues that virtual assets held by individuals should enjoy legal protection within the existing policy framework.Furthermore, the report proposed recommendations for addressing crimes involving virtual assets. It emphasized that in cases where money and property are involved, confiscation should be based on the integration of criminal and civil law. The approach taken aims to strike a balance between safeguarding personal property rights while also addressing broader social and public interests.Contentious approach to cryptoWhile China has been making every effort to promote its central bank digital currency (CBDC) and the development of blockchain and metaverse-related technology within the country, its stance on decentralized cryptocurrencies has been contentious at best.Its approach in that respect has been marked by a blanket ban on crypto-related activities such as mining and trading and the prohibition of foreign crypto exchanges from serving customers within mainland China. Nevertheless, Chinese courts have consistently taken a more nuanced view without necessarily contradicting the government’s approach.Differing interpretationsThe divergence between national policy and court rulings first emerged in 2019 when the Hangzhou Internet Court found that Bitcoin is a form of virtual property, and on that basis, it is safeguarded by the law from the point of view of property rights. In May 2022, a Shanghai court affirmed that Bitcoin qualifies as virtual property and, as such, falls under the purview of property rights.Global issueIt’s not just the Chinese courts that are grappling with the issue of clarifying property rights relative to virtual assets. In April of this year, a case in Hong Kong involving defunct crypto exchange Gatecoin resulted in the courts determining that cryptocurrency is property and that on that basis, it’s “capable of being held in trust.”In July a Singaporean court determined that cryptocurrency is capable of being held in trust and on that basis, it should be recognized as property. Earlier this year, the High Court of Justice in London recognized non-fungible tokens (NFTs) as property.The report from the People’s Court reaffirms the legal status of virtual assets as protected property under Chinese law. This development highlights the ongoing divergence between China’s regulatory policy and the judicial interpretation of virtual assets, signaling a potential evolution in the country’s approach to cryptocurrencies.

A United Nations (UN) report published on Monday pointed fingers at USDT for its alleged role in money laundering and scams in Southeast Asia, prompting the stablecoin’s issuer, Tether, to respond.Photo by DrawKit Illustrations on UnsplashFighting backThe stablecoin issuer finds itself under the spotlight once again, facing intense scrutiny over its association with illicit activities, according to the UN report. Responding by way of a blog post, Tether expressed disappointment and pushed back against the accusations. The firm asserted that the report disproportionately focuses on USDT's alleged connection to illicit activities, neglecting to acknowledge the positive impact it has had on developing economies in emerging markets. Collaborating with law enforcementTether defended its position by highlighting its collaborative efforts with global law enforcement agencies, such as the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI) and the recently onboarded United States Secret Service (USSS). The company expressed disappointment with the UN's assessment and stressed that its monitoring measures surpass those of traditional banking systems, historically implicated in money laundering cases. Having frozen over $300 million in recent months to combat the criminal use of crypto assets, Tether emphasized the traceability of its tokens and its established track record of collaboration with law enforcement. In its blog post, Tether urged the UN to shift the conversation from concentrating solely on risks to discussing how centralized stablecoins like USDT could contribute to the fight against financial crimes. The UN Office for Drugs and Crime (UNODC) division responsible for Southeast Asia and the Pacific released the report, specifically highlighting USDT as a significant instrument for money laundering in the region, notably on the Tron blockchain. Tether's response came soon after the release of the UNODC report, where the company emphasized the need for a broader discussion with the UN on addressing financial crimes within blockchain platforms. Tether acknowledged that there are still numerous opportunities to combat financial crimes on blockchain platforms and encouraged the UN to engage with the industry to comprehend and implement contemporary strategies. The company expressed a willingness to collaborate on initiatives aimed at enhancing the understanding of blockchain technology and its potential in fighting financial crime. A perennial controversyTether has been the subject of a perennial controversy inside and outside the crypto space over the years. Its critics have long accused the company of not having the asset backing to reflect the U.S. dollar stablecoins it issues. The issue has been compounded by Tether’s inability to produce fully fledged audits as opposed to attestation reports to verify its holdings. Speaking on the edges of the World Economic Forum’s annual meeting in Davos, Switzerland, on Tuesday, Howard Lutnick, CEO of leading global financial services firm Cantor Fitzgerald spoke positively about Tether. He said that his firm has held and managed large quantities of Tether’s assets. Lutnick confirmed that “they have the money they say they have.” Off the back of Lutnick’s comments, Nic Carter, partner at venture capital and private equity firm Castle Island Ventures, outlined that Tether’s critics have been proven wrong. Carter wrote: “Tether truthers spent 6 years trying to convince everyone tether would collapse and drag down the industry. it didn't. . . . Not sure anyone has ever been more wrong about anything.”

The Turkish government is on the verge of finalizing comprehensive regulations for the cryptocurrency market. It has been known for a number of months that Turkey had been working towards the production of a regulatory framework for crypto, with the primary objective of securing the country’s removal from the Financial Action Task Force’s (FATF) "grey list." According to revelations from Minister of Treasury and Finance Mehmet Simsek, who participated in an interview with the Anadolu Agency on Wednesday, those regulations are now nearing completion.Photo by Emre on UnsplashFramework in advanced stagesSimsek disclosed key elements of the forthcoming regulations, emphasizing the government's commitment to legally defining critical concepts in the crypto space, licensing trading platforms and aligning with the standards set by FATF. The crypto framework tailored for the Turkish market is in the advanced stages of development, with a meticulous evaluation of its technical aspects underway, noted Simsek. The overarching goal is to mitigate the risks associated with crypto trading, especially for ordinary investors, aligning with international standards to facilitate the country's removal from the FATF's grey list. Licensing and defined termsSimsek outlined the forthcoming guidelines, stating that crypto platforms will be mandated to acquire licenses from Turkey's Capital Markets Board (CMB). A number of months ago, Bora Erdamar, the director of the BlockchainIST Center, an Istanbul-based university research and development center for blockchain technology, had underscored the importance of establishing licensing standards as part of the new crypto framework. Erdamar claimed that would be necessary in order to “prevent abuse of the system.” Erdamar is of the view that any such regulatory framework may include digital security protocols, advanced custody services, compulsory proof of reserves and capital adequacy requirements. It’s understood that the regulations will provide legal definitions for essential terms such as "crypto assets," "crypto wallets," "crypto asset service providers," "crypto asset custody service" and "crypto asset buying and selling platforms." As an example, Simsek clarified the definition of crypto assets as "intangible assets that can be created and stored electronically using distributed ledger technology or a similar technology, distributed over digital networks, and capable of expressing value or rights." While emphasizing the reduction of risks in crypto trading, Simsek clarified that the regulations would not encompass the specific tax regime for virtual assets. The proposed regulations have long been under consideration as Turkish authorities aim to bring clarity to the crypto market. The Minister assured that the crypto legislative proposals would be finalized this month, preceding the FATF evaluation scheduled for February. Notably, between July 2022 and June 2023, Turkey ranked fourth globally in raw crypto transaction volumes, recording approximately $170 billion in activity, trailing behind the United States, India and the United Kingdom, as reported by the blockchain analytics firm Chainalysis. A report by KuCoin last year identified a marked increase in adoption in Turkey.  It’s believed that wayward inflation over recent years relative to the Turkish lira is playing a large part in that trend. In recent weeks the Turkish president took the step of appointing an expert in blockchain and crypto assets to the central bank’s rate-setting committee.