Calls for Regulation of Crypto Investment Management Firms Amidst Growing Concerns

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.

The South Korean Financial Services Commission (FSC) made an official announcement on Friday (KST) stating that "domestic securities firms brokering spot bitcoin ETFs that are listed on overseas markets may be considered a violation of the government's stance on virtual assets and the Financial Investment Services and Capital Markets Act." This stance refers to a press release published on Dec. 13, 2017 that outlined the government’s conclusion that virtual assets must be dealt with carefully.Photo by Lauren Seo on UnsplashFuture possibilityHowever, this statement is not to be interpreted as a complete dismissal of the possibility that South Korea could adopt the ETF. The agency added that it would look into the issue thanks to a more stable regulatory landscape sweeping the country following the implementation of regulations on virtual assets like the Virtual Asset User Protection Act. Authorities are also taking into consideration the fact that other countries like the U.S. are adopting a more open stance. Market downturnFollowing the announcement, stocks related to the ETF in the South Korean market – which had surged on the news of a spot bitcoin ETF listing on the U.S. stock market a day ago – saw share prices drop within a day. As of 10:04 a.m. on Friday, Woori Technology Investment was trading at KRW 7,650 ($5.82), down 4.61 percent from the day before, and Hanwha Investment & Securities was down 9.09 percent to KRW 4,000. Both of these firms hold stakes in Dunamu, the operator of South Korea's largest cryptocurrency exchange Upbit.

While cryptocurrencies may be banned in China, crypto trading activity continues in some corners, nonetheless, sometimes through accessing overseas exchanges. With that, authorities recently uncovered a massive underground banking operation that exploited crypto trading platforms to evade local forex regulations.Photo by Manuel Joseph on Pexels$2.2 billion laundering operationOn Sunday, an account on popular Chinese social media platform WeChat run by China’s State Administration of Foreign Exchange (SAFE) published details of the $2.2 billion laundering operation bust. Xu Xiao, the Inspector at the Qingdao Branch of the State Administration of Foreign Exchange, revealed that the scheme involved underground banks who purchased virtual currencies and then sold the virtual currencies through overseas trading platforms to obtain the foreign currency they needed. This process, he explained, completes the conversion of yuan and foreign currencies, constituting the illegal act of buying and selling foreign exchange. Stringent capital controlsChina enforces stringent rules on money transfers outside the country. Citizens are limited to exchanging up to $50,000 in foreign currency and require a permit for transactions beyond that limit. Any transaction exceeding the limit without a permit is considered money laundering. During a recent investigation, authorities seized cryptocurrencies valued at approximately $28,000 in Tether, Litecoin and other digital currencies. However, the operation is estimated to have facilitated the movement of over $2.2 billion, involving more than a thousand bank accounts across 17 provinces and municipalities. Monetary control loopholesChina, once the largest cryptocurrency market, imposed a comprehensive ban on crypto exchanges in September 2017 and subsequently expanded its restrictions to include crypto mining and trading. Despite these measures, reports have surfaced about underground crypto exchange operations. Earlier this year, an investigative report by the Wall Street Journal found that global exchange Binance continues to do thriving business with Chinese customers. Global crypto exchanges are reportedly still onboarding Chinese clients indirectly. The South China Morning Post (SCMP) recently accused Binance of facilitating Chinese crypto trading accounts by falsely claiming they are from Taiwan. While mainland China adopts a hostile stance towards cryptocurrencies, the special administrative region of Hong Kong remains progressive in the sector. Hong Kong’s regulatory authorities have introduced specific rules for cryptocurrencies and are licensing crypto exchanges operating within the jurisdiction. Arthur Hayes, the co-founder of the BitMEX crypto derivatives platform, recently described Hong Kong as the gateway for mainland China to global capital markets. Hayes asserted that wealthy Chinese individuals all bank in Hong Kong and with that, they all have access to crypto exchanges and brokers. In Cambodia, it is understood that illicit Chinese-linked activities oftentimes implicate the use of U.S. dollar stablecoin Tether (USDT) to move funds in and out of China even though Tether is banned in Cambodia. The latest crackdown in China underscores the ongoing challenges faced by authorities in controlling crypto-related activities, highlighting the dynamic nature of such activity within and adjacent to mainland China. As regulatory scrutiny intensifies, the contrast between mainland China’s approach and Hong Kong’s more open stance toward cryptocurrencies becomes increasingly evident.