Korean Financial Watchdog to Penalize Bankers Involved in Illegal Foreign Remittances

Dubai Regulator Issues Reprimand to OPNX FoundersThe Virtual Assets Regulatory Authority (VARA), the regulator that concerns itself with the digital assets market in the Emirate of Dubai, has formally reprimanded the founders of digital asset exchange OPNX.Photo by Kai Pilger on UnsplashVARA issued an investor and marketplace alert on April 12 to inform investors that OPNX was not a licensed entity regulated by VARA and with that, it urged investors to be cautious. The regulator has now gone one further, this time formally writing to OPNX’s founders to reprimand them.The statement cites the following rationale for the issuance of the reprimand:”Carrying out VA (Virtual Asset) Exchange Services on an unregulated basis in and from the Emirate of Dubai; and Marketing, promoting and/or advertising OPNX services and its native token [FLEX] without the necessary permits from VARA.”Contextual backgroundThe statement goes on to provide the context for the regulator’s most recent action. VARA became aware of OPNX soliciting the public to use the exchange in February of this year. It noted that the business was actively marketing through various social media channels “without establishing warranted restrictions for residents of Dubai/UAE.” VARA went on to explain that OPNX commenced trading in April without having secured a regulatory license despite the activity warranting such a license.Cease and desistOn February 27, VARA issued OPNX with a cease and desist order, relative to the foundation of the business and the marketing and promotion of services. Thereafter, the exchange applied certain restrictions but the regulator deemed the measures to not have been applied comprehensively across all OPNX communication channels, prompting it to issue a further cease and desist order the following month.The investor and marketplace alert followed in April as OPNX proceeded to launch its exchange. The written reprimand was then issued on April 18, “to address historical and ongoing activity conducted on an unregulated basis.” The recipients included the OPNX founders, (Mark Lamb, Sudhu Arumugam, Kyle Davies and Su Zhu) and the firm’s CEO Leslie Lamb.Given what the regulator deems to have been “a continued lack of satisfactory remedial action [taken] by the responsible parties,” it is continuing to actively monitor the situation. VARA stated that it will further investigate OPNX’s activity to assess further corrective measures that may be required to protect the market.Lack of industry supportThe digital assets industry is in no way enamored with founders Davies and Zhu. Their record has been badly blemished by the unceremonious collapse of their crypto hedge fund, Three Arrows Capital, in 2022. That failure wreaked major damage on the overarching crypto space, directly leading to the failure of other crypto businesses later that year.Prominent crypto venture capitalist Michael Arrington said of their capital raise for OPNX that it was “the saddest bulls**t I’ve heard in a long time.” It later transpired that two of the investment firms that OPNX suggested were backing the start-up refuted the claim.In response to this latest development, OPNX’s CEO Leslie Lamb told Blockworks that the business was initially launched in Hong Kong. “To confirm, we have no Dubai or UAE customers and do full KYC on all users,” she stated.

China’s Legal Daily, a publication that falls under the supervision of the Chinese Communist Party’s (CCP) Central Commission for Political and Legal Affairs, has sounded an alarm regarding cryptocurrencies, raising concerns about their use as potential avenues for corruption. In the newspaper’s New Year’s Day edition, it quoted legal scholars, who had convened at the annual China Integrity and Legal Research Association meeting, who underscored the urgency of addressing the emerging threat posed by digital assets.Photo by Max van den Oetelaar on Unsplash‘Hidden channels’ for briberyIn particular, it focused on views expressed by Associate Professor Zhao Xuejun from Hebei University Law School. Zhao Xuejun warned against the use of virtual currency and electronic gift cards as “hidden channels” for bribery. Notably, these forms of payment, often stored in “cold storage” devices, offer a convenient means for transporting funds abroad, the academic claimed. This development aligns with recent warnings from state agencies, including the Supreme People’s Procuratorate and the State Administration of Foreign Exchange, cautioning against the use of stablecoin Tether in yuan-related foreign exchange transactions, deeming such actions illegal. Anonymity and traceability concernsProfessor Mo Hongxian from Wuhan University Law School explicitly mentioned Bitcoin, highlighting the challenges associated with virtual currencies, such as their anonymity and difficulty in traceability, which can facilitate illegal activities. Despite lacking official recognition in China, Professor Hongxian stressed the need for judicial attention to transactions involving virtual currencies. Although China maintains a cryptocurrency ban, it actively explores blockchain technology for identity verification. The country’s central bank digital currency, e-CNY, still in the pilot stage, has witnessed significant development. Despite its limited geographic distribution, the digital yuan recorded transactions totaling nearly $250 billion in China as of June 2023, with international use noted in commodities sales. Varying degrees of enforcementChina has demonstrated that it can at times take a very hard line on restricting cryptocurrency trading and related activities, while at others, it seems to tolerate such activity or turn a blind eye. Last month China’s Supreme Procuratorate provided details on the nature of the prosecution of over-the-counter (OTC) crypto trader and RenrenBit founder, Zhao Dong. Zhao was handed down a seven year sentence for carrying out illicit crypto business operations. By contrast, an investigation carried out by the Wall Street Journal last year found that business has been thriving for the world’s largest cryptocurrency exchange Binance in China, despite the ban. Other crypto-related activity has been uncovered, flouting capital controls. BitMEX founder Arthur Hayes suggested recently that all wealthy Chinese individuals have access to banking in Hong Kong, allowing them to access, trade and use cryptocurrency. As part of the CCP’s intensified anti-corruption efforts, the focus on cryptocurrency’s potential role in financial crimes underscores the evolving landscape as use of digital currency unfolds. The Legal Daily article emphasizes the need for vigilance and regulatory measures to counteract the perceived threat of corruption facilitated by cryptocurrencies and electronic payment methods.  

Komainu Partners with Copper to Enable Off-Exchange SettlementsKomainu, a well-established and regulated custody service provider and subsidiary of Japanese financial services conglomerate Nomura, has recently unveiled a new partnership with Copper, a digital asset solutions firm.This collaboration offers institutional clients of Komainu a means through which they can access off-exchange settlements. At a broader level, it is another significant development in progressing digital assets infrastructure.Photo by Gerd Altmann on PixabayClearLoop network accessKomainu, which was originally launched by Nomura in conjunction with Ledger and CoinShares, will be accessing Copper’s ClearLoop network as part of this collaboration. This partnership brings a host of possibilities for institutional clients of Komainu.What makes this collaboration particularly noteworthy is its ability to merge Komainu’s regulated, on-chain custody with the advanced off-exchange settlement capabilities of ClearLoop. As the institutional adoption of digital assets continues to gain momentum, the focus on managing custody and counterparty risk has never been more critical. Recent events, such as the collapse of the crypto exchange FTX alongside a plethora of crypto lending platforms, have served as stark reminders of the significance of robust custody solutions in this space.ClearLoop network growthClearLoop, with its distinctive feature of holding assets until just before a trade execution, effectively mitigates counterparty risk by seamlessly connecting multiple exchanges within a single trading network. This innovative approach eliminates the need to transfer assets to an exchange-based wallet, streamlining and fortifying the institutional trading process.UK-based Copper has been making market in-roads with its off-exchange settlement tool which it first launched in 2020. In March crypto exchange platform Huobi signed a memorandum of understanding (MOU) with Copper with the intention of joining the ClearLoop Network. Bitstamp, the world’s oldest crypto exchange, followed in April with its intention to integrate with ClearLoop.Singapore’s Matrixport was next to join in May, followed by Seychelles-headquartered crypto exchange Bitget in August.The leaders of both companies, Nicolas Bertrand, CEO of Komainu, and Dmitry Tokarev, CEO of Copper, expressed their enthusiasm for this partnership. Bertrand highlighted the importance of diversifying counterparty risk and commended the partnership’s ability to offer clients the best of both worlds. He emphasized that by combining Copper’s proven processes and connectivity with Komainu’s on-chain, segregated, and regulated custody platform, this partnership is set to raise the industry’s standards significantly.UK regulatory approvalEarlier this month, Komainu achieved a further milestone when it received regulatory approval from the UK’s Financial Conduct Authority (FCA) to operate as a custodian wallet provider. This achievement aligns with the regulatory framework established to combat money laundering, terrorist financing, and fund transfers.In a landscape where institutions are increasingly embracing digital assets, the partnership between Komainu and Copper demonstrates that the industry is moving towards ushering in a new era of more secure, efficient, and trustworthy financial markets. With the FCA’s regulatory approval, Komainu is solidifying its attempts towards adhering to the industry’s most rigorous security and compliance standards.