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IF Insights: Navigating the ever-changing landscape of global crypto regulations

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Crypto industry executives have expressed concern about the government's slow adoption of this fast-growing sector

The crypto business and regulatory environment are changing rapidly. With major firms like BlackRock entering the crypto space with their Spot Bitcoin ETF application, understanding and following these regulations is crucial for industry players.

The ever-changing regulatory framework makes it difficult to navigate. We will summarise global crypto legislation and offer recommendations for understanding it.

Importance Of Crypto Regulations

Various laws and norms govern cryptocurrency use and exchange. Although these regulations vary by country, they always include several crucial topics, including anti-money laundering (AML), which deals exclusively with preventing money laundering and combating terrorism, as governments worldwide get increasingly concerned about the exploitation of cryptocurrency for criminal activity. Thus, many jurisdictions have strict AML/CFT laws that cover bitcoin enterprises.

Due to the hazards of cryptocurrency, countries have enacted restrictions to protect consumers. These policies frequently mandate disclosure, strict KYC, and quick complaint resolution. Global debate and progress continue on crypto taxation. However, numerous jurisdictions have taxed Bitcoin transactions.

To stay informed, watch government websites, news outlets, and industry publications for the newest crypto rules in your nation. Conduct thorough research before investing in any cryptocurrency to understand the associated dangers. Check that the cryptocurrency you want to buy is legal.

Prioritise a trustworthy exchange while trading cryptocurrency. Choose platforms with a good reputation and local licensing.

Crypto investors, at the same point in time, must be transparent with tax authorities. You must appropriately disclose bitcoin income and capital gains.

How Are Governments Responding?

Crypto rules vary by country, with some adopting them and others waiting. Due to volatility, energy consumption, and illegal activity, China and Saudi Arabia have outlawed Bitcoin.

Crypto policy is continuously changing, so read this regulatory update:

The United Kingdom has confirmed Crypto/Stablecoin regulation proposals. Recently, the Keir Starmer administration has announced strict plans to regulate crypto assets and stablecoins like regular financial institutions.

In April 2022, the then Finance Minister and recently defeated Prime Minister Rishi Sunak proposed a policy that aligns with the strategic aims.

The policy aimed to make the UK a crypto asset powerhouse. Crypto industry executives have expressed concern about the government’s slow adoption of this fast-growing sector.

Turkey plans to finish crypto regulations in 2024. On October 25, the Official Gazette of the Republic of Turkey published the 2024 Turkish Presidential Annual Programme, which aims to legalise cryptocurrencies by 2024. The Turkish document defines crypto assets and crypto asset providers such as exchanges but does not mention regulatory measures.

The United States has maintained stringent restrictions. Crypto regulation in the world’s largest economy remains volatile. FinCEN has guided Bitcoin since 2013. Their stance? Bitcoin has real-world value like cash. Bitcoin exchanges and payment processors are considered “money services businesses” in the US. They must register with the Treasury and report transactions over USD 10,000.

In May 2024, the United States House of Representatives passed a Bill to establish a new legal framework for cryptocurrencies, despite a rare warning from the US securities regulator, Securities and Exchange Commission (SEC), about potential financial risks.

While the SEC indicated back then about approving applications for spot ether exchange-traded funds, the agency’s Chairperson Gary Gensler warned that the Bill “would create new regulatory gaps and undermine decades of precedent regarding the oversight of investment contracts, putting investors and capital markets at immeasurable risk.”

He also argued that under the Bill, investment contracts recorded on a blockchain would no longer be deemed securities, removing investor protections under securities laws. The SEC Chair criticised the Bill for allowing issuers of crypto investment contracts to self-certify their products as digital commodities, leaving the SEC only 60 days to challenge these claims.

The Bill classifies cryptocurrencies as commodities rather than securities, potentially altering the regulatory landscape of the crypto industry. It also grants primary regulatory responsibility to the Commodity Futures Trading Commission (CFTC), reducing the SEC’s oversight.

The Bill also creates a tailored disclosure and registration regime for digital asset companies.

At London’s Zebu Live conference, Coinbase’s Vice President of International Policy, Tom Duff Gordon, stressed the need for US regulatory clarification. He remarked, “Fiat currencies on ‘supersonic rails’ [stable coins] will help absolutely and advance regulation forward.” He also suggested that regulation will weed out unscrupulous actors in crypto, which would boost consumer confidence and uptake.

Taiwan too has introduced crypto standards for consumer safety and monitoring. The Financial Supervisory Commission (FSC) of Taiwan has released guidelines for cryptocurrency and digital asset enterprises. These rules improve monitoring and protect customers. They promote transparency, asset security, internal controls, and management in crypto-related businesses.

New regulations force cryptocurrency issuers to submit a white paper. Cryptocurrency exchange platforms must also review virtual asset listings and delistings. The FSC requires platform-customer asset separation.

Before serving Taiwanese customers, foreign crypto businesses must register locally to comply with corporate and anti-money laundering laws. These rules aim to improve bitcoin transparency and security in Taiwan while protecting customers.

Australia plans to create crypto asset licensing and custody laws by 2024 end. Plans are underway to draft crypto asset provider licensing and custody laws.

Exchanges will have 12 months to transition after the law passes. In a world of rapid change, Bitcoin regulations are fluid. This complex terrain shows that knowledge is power. Inform yourself, adjust to new rules, and seize chances.

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