Hong Kong Enticing Crypto Firms from Mainland China

Taiwan Aims to Propose Special Crypto Law by Late NovemberIn a bid to address growing concerns surrounding offshore crypto exchanges and prevent regulatory arbitrage, Taiwan is actively working towards proposing a draft special crypto law for its first reading by the end of November.Yung-Chang Chiang, a member of the Legislative Yuan, the Taiwanese parliament, emphasized the need for a dedicated crypto asset act to effectively regulate crypto businesses in discussion with The Block on Friday. Chiang believes that cryptocurrencies, as an asset class, significantly differ from traditional financial products and require oversight through a separate, specialized legal framework.Photo by Ian Chen on UnsplashPublic hearingThe Taiwanese politician recently organized a public hearing within the parliament to discuss the draft proposal with key stakeholders, including virtual asset service providers, legal experts, and academics. He argued that while Taiwan’s Financial Supervisory Commission (FSC) had released guidelines for the crypto sector to establish self-supervisory rules through a potential industry association, these measures lack legal enforceability.Chiang pointed out:“In this case, under the authority of this special law, regulatory authorities can impose administrative penalties on operators who violate these self-regulation rules. Without such a special law, the regulators would lack the ability to impose penalties.”Under the proposed special law, all crypto platforms operating in Taiwan would be required to obtain a permit. Failure to do so could result in regulatory orders to cease operations. Presently, Taiwan mandates that virtual asset service providers comply with anti-money laundering (AML) laws, which were introduced by the FSC in July 2021. However, the broader crypto industry in Taiwan remains largely unregulated.It is unlikely that the special law will pass through all three readings during the current legislative session, which is expected to conclude by the end of this year. Chiang noted: “An election is coming up, and the current legislative session focuses more on reviewing the government’s budget.”Chiang also mentioned the possibility of Taiwan’s FSC proposing its version of the special crypto law, but this is not anticipated until at least mid-2024. He explained: “It’s hard to say exactly when the special law will be enacted, but it should likely occur sometime after the middle of 2024.”Binance, the world’s largest crypto exchange, is understood to be in the process of registering in Taiwan for AML compliance, despite not currently being regulated in the country. The exchange has formed a local entity named “Binance International Limited Taiwan Branch (Seychelles),” as indicated in the Taiwanese Ministry of Economic Affairs’ database.Banking difficultiesDuring the public hearing, Damien Ho, Representative of Global Partnerships at Binance, raised concerns about the challenges faced by crypto platforms in Taiwan in securing suitable banking services. Despite the FSC’s efforts to discourage banks from treating crypto platforms as high-risk entities, crypto platforms still encounter difficulties in their interactions with banks. Ho suggested that the Taiwanese government should encourage private or public banks to become more crypto-friendly, facilitating the regulated and effective development of crypto businesses.At the public hearing, Winston Hsiao, Co-Founder and Group CRO of Taipei-based crypto exchange XREX, suggested a step-by-step approach to regulation, with smaller entities adhering to self-supervisory rules formulated by the industry association after registration. For larger entities, he proposed obtaining a permit under the special law and potentially applying for other relevant financial licenses.

Upbit Adds Polygon Staking ServiceDunamu, the blockchain and fintech firm that operates South Korea’s largest cryptocurrency exchange Upbit, announced on Wednesday (local time) the addition of Polygon’s MATIC to Upbit’s staking service, now available via the Upbit website and mobile application.Photo by GuerrillaBuzz on UnsplashStaking is a service where users entrust their cryptocurrency to a blockchain network to boost its security and receive virtual assets as rewards. The virtual assets deposited by staking users are used in the transaction verification process of generating new blocks in the blockchain network of the respective asset. Users are then rewarded with virtual assets for their participation in the process.Polygon is an Ethereum Layer 2 scaling solution that allows developers to build various decentralized applications (DApps) within the Ethereum ecosystem. Its native token is called MATIC.Expanded staking optionsAny Upbit user who has completed the Know Your Customer (KYC) process and enabled two-factor authentication can participate in staking on Upbit. The minimum staking amount is 2.7 MATIC. Users who participate in staking receive rewards once every day. They can also unstake their tokens at any time they want.“At Upbit, we utilize our world-class security measures, robust infrastructure, and years of technological expertise to operate validators and stake users’ assets for them,” the exchange said. “Users’ crypto assets that are used in staking are safely stored in a cold wallet.”Dunamu officially launched the Upbit Staking service in January of last year, serving as an intermediary in the complex staking process. The service aims to facilitate the convenient and secure staking of virtual assets. With the latest addition of Polygon, the exchange now supports a total of five staking options, namely Ethereum, Cosmos, Cardano, Solana, and Polygon.New NFT collectionsThe exchange’s non-fungible token (NFT) marketplace, Upbit NFT, also recently opened trading, deposits, and withdrawals for new NFT collections based on Ethereum and Polygon. To celebrate this additional functionality, Upbit NFT will conduct Ethereum giveaway events for lucky participants until next Wednesday.

Taiwanese authorities have unveiled plans to criminalize cryptocurrency firms failing to comply with anti-money laundering (AML) regulations. The Ministry of Justice has proposed amendments to existing laws, mandating both domestic and overseas crypto entities operating in Taiwan to register for AML compliance. Non-compliance could result in imprisonment for up to two years, according to Deputy Minister of Justice Huang Mou-hsin.Photo by Jack Brind on UnsplashStricter enforcement measuresCurrently, authorities can only impose administrative penalties on non-compliant crypto firms. However, with the proposed amendments, such violations would be deemed criminal offenses, potentially leading to prison sentences. Overseas crypto platforms would be required to establish local entities and apply for AML registration to avoid criminal penalties. Regulatory landscape and industry responseSince July 2021, Taiwan has mandated cryptocurrency service providers to adhere to AML laws introduced by the Financial Supervisory Commission. However, the crypto industry largely remains unregulated. Proposed amendments also aim to incorporate cryptocurrencies into existing AML laws, stipulating penalties of six months to five years in prison and fines of up to NT$50 million ($1.5 million) for money laundering using cryptocurrency. The amendments are set to undergo review by Taiwan's national parliament, the Legislative Yuan. Concurrently, Taiwan's crypto sector is in the process of forming an industry association, with the Ministry of the Interior approving the application in March. By establishing this association, crypto firms aim to develop self-supervisory rules aligned with FSC guidelines, with a deadline set for the end of June to finalize preparations and officially establish the association.