Thai regulator takes action against deceptive crypto ads

Hong Kong Pressing Banks to Facilitate Crypto ClientsHong Kong’s banking regulator is urging banks, including HSBC and Standard Chartered, to onboard crypto exchanges as clients, despite increasing regulatory scrutiny of the industry in the United States.That’s according to a report published by the Financial Times (FT) on Wednesday. The FT cited three people who it claims are familiar with the matter, together with a letter seen by the publication as the basis for the assertion.Photo by Ansel Lee on PexelsChallenging crypto banking reticenceAt a recent meeting, the Hong Kong Monetary Authority (HKMA) questioned these UK-based lenders, together with the Bank of China, about their reluctance to accept crypto exchanges as customers, according to sources familiar with the matter. The HKMA emphasized that due diligence on potential clients should not create unnecessary burdens, particularly for those seeking opportunities in Hong Kong. While banks do not have a ban on crypto clients, concerns over potential money laundering and illegal activities have made them cautious.The pressure faced by banks highlights the challenges Hong Kong is facing in establishing itself as a global hub for the crypto industry, especially in light of previous high-profile collapses, such as the implosion of FTX. However, the HKMA is encouraging banks to overcome their reservations, as the regulator believes there is resistance from senior executives who adhere to traditional banking mindsets.The enthusiasm of some Hong Kong officials for the sector is evident as pro-Beijing lawmaker Johnny Ng invited Coinbase and other crypto exchanges to set up operations in the city following the recent SEC lawsuit against Binance and Coinbase.Caught between opposing forcesBanks in Hong Kong find themselves walking a fine line between supporting the crypto industry as encouraged by the government and being cautious due to the US regulatory environment. They want to ensure the industry’s development aligns with government policies, but they are also concerned about potential anti-money laundering and know-your-customer issues.The HKMA and the Securities and Futures Commission (SFC) have been vocal about their expectations, setting them apart from regulators in other jurisdictions that may be more skeptical of cryptocurrencies. Last month it emerged that crypto startups are having difficulties in establishing banking facilities in the autonomous Chinese territory. At the time, the HKMA did convene a meeting to bring parties together in order to forge a path forward.While Hong Kong has a history as a crypto center, its position weakened after Beijing’s crackdown on the industry in 2017. However, the Hong Kong government aims to reestablish the city as a hub for digital assets, having expressed its desire to provide a supportive environment for crypto-related businesses. The introduction of a new licensing regime for crypto platforms in Hong Kong is part of the government’s efforts to attract more crypto groups to the city.HSBC, Standard Chartered, and the Bank of China hold influential positions in Hong Kong as issuers of the city’s currency and have key roles in the Hong Kong Association of Banks lobby group. Standard Chartered claims that it maintains regular dialogue with regulators on various subjects, while HSBC has claimed that it is actively engaging in policies and developments within the nascent industry.

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. 

Many Countries Are Welcoming Traditional Financial Institutions Into Crypto — When Will Korea Catch Up?Although overseas traditional financial institutions are gradually expanding their reach into the crypto market by launching related services and products, this remains challenging for institutions in South Korea, where it is difficult for them to even invest in virtual assets.Photo by NASA on UnsplashMajor developments in other countriesAccording to industry sources, traditional financial companies such as Japan’s largest investment bank and brokerage group Nomura Group, and New York-based investment banking company Citigroup are starting to bring new crypto-related services and products to the market.Laser Digital, the asset management unit of Nomura Group, launched a Bitcoin adoption fund targeting institutional investors, according to an official press release from last Tuesday (local time), which will provide institutional investors with direct and secure access to investments in Bitcoin.Similarly, Citigroup’s Treasury and Trade Solutions (TTS) is piloting its new crypto-based cash management and trade finance service dubbed Citi Token Services, which caters to institutional clients by utilizing blockchain and smart contract technology to provide digital asset solutions. “Digital asset technologies have the potential to upgrade the regulated financial system by applying new technologies to existing legal instruments and well-established regulatory frameworks. The development of Citi Token Services is part of our journey to deliver real-time, always-on, next-generation transaction banking services to our institutional clients,” said Shahmir Khaliq, Global Head of Services at Citi.Earlier this summer, several asset managers in the US, including BlackRock, applied for a spot-traded Bitcoin exchange-traded fund (ETF) with the US Securities and Exchange Commission (SEC), drawing the interest of the industry as a whole. The SEC has been delaying its decision regarding approval for the ETF and will likely do so until its allotted 240-day review period is over, but industry experts predict that the approval will go through for several reasons including BlackRock’s implicit influence as the world’s biggest asset manager and the SEC’s former court loss against Grayscale for its review of the firm’s spot Bitcoin ETF.These developments are made possible through the commonly held opinion that the involvement of traditional financial institutions in the crypto sphere is beneficial for the industry due to their ability to increase liquidity by moving much larger amounts of capital than the crypto market alone.Moreover, many countries around the world already allow institutions to invest in virtual assets. For instance, the US Nasdaq Stock Market has already listed crypto futures-based ETFs such as Bitcoin and Ether, and there are trust products on the market like Grayscale’s Bitcoin Trust that target qualified investors. Countries like Hong Kong have also gradually begun to allow individual investments in virtual assets again, while institutional investment has always been permitted.Roadblocks in KoreaIn contrast, it remains impossible for institutional or corporate investors in Korea to invest in virtual assets, let alone offer virtual asset fund products. Although local asset managers like Mirae Asset Global Investments and Samsung Asset Management have listed Bitcoin-related ETFs in the US and Hong Kong, such products do not exist in South Korea.Korean authorities also banned financial institutions from holding, purchasing, or investing in virtual assets back in 2017 on the grounds that their investment in cryptocurrencies could stimulate investor sentiment. Also, shadow regulation after the enactment of the Act on Reporting and Using Specified Financial Transaction Information in 2021 practically bars local corporations and institutions from using crypto exchanges, though there is no provision that explicitly prohibits opening corporate bank accounts on crypto exchanges.In response to this situation, an anonymous industry insider highlighted the need for a nationwide drive to support virtual assets and Web3 technology. “This is the time to push emerging industries, and we should not overlook industry trends. The current situation is somewhat frustrating,” they said. “Japan was the most conservative country in this regard, but it has recently opened up and subsequently gained momentum. Korea should also take a more progressive approach.”