India Leads G20 Talks On Crypto Regulation & SOP

India Leads G20 Talks On Crypto Regulation & SOP

India’s Finance Minister, Nirmala Sitharaman, has stated that the Indian government is engaging in “detailed discussions” with other G20 members regarding the development of a standard operating procedure (SOP) for regulating cryptocurrencies. The current unregulated environment for cryptocurrencies in the country and across the globe, has prompted India to seek a collaborative effort, on the sideline of the G20 Summit, to develop a comprehensive framework. Sitharaman stressed the need for a globally coordinated approach to regulating cryptocurrencies during a recent meeting with the International Monetary Fund Managing Director Kristalina Georgieva.

The Group of Twenty (G20) comprises 19 countries and the European Union, representing around 85% of the global GDP, over 75% of the global trade, and about two-thirds of the world population. Sitharaman has affirmed that the government is working together with other G20 members to develop a “coherent, comprehensive approach” that will regulate cryptocurrency mining and transactions.

In India, the cryptocurrency trade currently attracts a 30% tax and a 1% tax deducted at source (TDS). While the country has still not prepared a regulatory framework for cryptocurrencies, the government introduced new crypto tax penalties, including jail time for nonpayment of crypto TDS. Meanwhile, India’s central bank, the Reserve Bank of India (RBI), has continued to recommend a complete ban on crypto assets, including bitcoin and ether. RBI Governor Shaktikanta Das has warned that cryptocurrencies pose a risk to the country’s financial system and will cause the next financial crisis if they are not banned. The government’s stance on cryptocurrencies has been challenged by the Indian crypto industry, which has been advocating for regulatory clarity and a favorable operating environment.

Sitharaman’s call for a coordinated approach to regulating cryptocurrencies is a significant development that highlights the need for international collaboration to develop comprehensive regulatory frameworks for digital assets. The outcome of the discussions within the G20 will be closely watched by industry stakeholders and governments around the world as they could provide a model for regulating cryptocurrencies in other countries.

Uniform Regulations For Cryptocurrencies May not Work

In my humble opinion, I do not have any objections in forming regulatory frameworks to protect users. The idea of having uniform regulations throughout G20 countries is the issue I have. There are several reasons why uniform regulations for cryptocurrencies may not work.

Firstly, the global cryptocurrency market is highly fragmented, with different countries and regions having different regulatory frameworks and approaches to cryptocurrencies. Therefore, imposing a uniform set of regulations across all these jurisdictions may not be practical or feasible.

Secondly, cryptocurrencies themselves are highly diverse and complex, with different types of cryptocurrencies serving different purposes and having different features. For example, some cryptocurrencies are designed to be used as a medium of exchange, while others are intended to be used as a store of value. Furthermore, cryptocurrencies can be structured in different ways, such as security tokens or utility tokens, and can be traded on different types of platforms. Therefore, any attempt to impose uniform regulations may not take into account the nuances and specificities of different types of cryptocurrencies.

Thirdly, there may be differences in the priorities and interests of different countries and regions when it comes to regulating cryptocurrencies. For example, some countries may prioritize consumer protection, while others may prioritize financial stability. Therefore, it may be difficult to reach a consensus on uniform regulations that satisfy the interests and concerns of all countries and regions.

Finally, even if uniform regulations are agreed upon, enforcing them may be a challenge. Cryptocurrencies are highly decentralized, and transactions can be carried out anonymously and without the involvement of traditional financial institutions. Therefore, enforcing regulations may require sophisticated technology and a high degree of international cooperation and coordination.

Regulated By A Patchwork of Different Regulations Across Different Countries

It’s true that traditional finance, or “tradfi,” has not achieved uniform regulation globally, and this may be an indication that achieving uniform regulations for the cryptocurrency industry may also be difficult.

“Traditional finance is regulated by a patchwork of different rules and regulations across different countries and regions, and achieving global harmonization has been a long-standing goal of regulators and industry participants. However, despite years of effort, there are still significant differences in the regulatory frameworks across jurisdictions, and achieving uniformity is a complex and ongoing process.

Given the challenges of achieving uniform regulation in traditional finance, it’s possible that the cryptocurrency industry may also face similar difficulties in achieving global harmonization. However, it’s important to note that the cryptocurrency industry is still in its early stages, and there is still a significant amount of uncertainty and ambiguity around the regulatory frameworks that will ultimately be put in place.

Ultimately, the goal of achieving uniform regulations in any industry is to promote transparency, consistency, and stability. While it may be difficult to achieve this goal, it is an important one to strive for, as it can help build trust and confidence in the industry, promote innovation, and protect consumers.”

 

Source: https://www.3-verse.io/3versetv/blog/india-leads-g20-talks-on-crypto-regulation-sop/BA-20230218141140026-226059

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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Crypto Regulation in the G20: An Assessment of Policy Responses by Anndy Lian

Crypto Regulation in the G20: An Assessment of Policy Responses by Anndy Lian

The global crypto community will be keenly awaiting the outcome of the upcoming G20 summit in Bengaluru, where discussions on the future of virtual or digital assets are expected to take place.

At the G20 summit, various countries and their regulatory bodies will come together to discuss the need for a collaborative approach towards building a regulatory framework for digital assets. The summit is likely to cover various aspects of the crypto market, such as security, taxation, and investor protection, among others. The outcome of these discussions will be of great importance for the global crypto community as it may set the tone for how different countries will regulate digital assets in the future.

The phrase “fate of the virtual assets” in the statement refers to the regulatory status and legal recognition of digital assets like cryptocurrencies, which remain a gray area in many countries. The lack of clear regulations has led to various challenges for investors and businesses operating in the crypto market. Therefore, the discussions at the G20 summit will be critical in shaping the future of the industry, and the global crypto community will be keenly following the developments.

Anndy Lian added: “The ideal approach to regulating cryptocurrencies should balance standard principles with the flexibility to tailor regulations to individual country circumstances. The proposal for uniform crypto regulation among G20 countries may delay regulation in individual countries like India. Instead, a localized approach can provide advantages such as a more flexible and agile regulatory framework, the ability to respond quickly to market changes and industry needs, and regulations tailored to the local context and priorities. This approach can be especially important in a diverse country like India with significant regional variations in industry needs and challenges.”

In conclusion, while the Union Budget may have offered very little for crypto investors in India, the upcoming G20 summit in Bengaluru is a significant event that could set the tone for the future of the crypto industry. The global crypto community will be paying close attention to the discussions and decisions made at the summit, as they will have far-reaching implications for the industry.

 

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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Additional Comments by Anndy Lian on Singapore’s approach to regulation of crypto and digital asset activities

Additional Comments by Anndy Lian on Singapore’s approach to regulation of crypto and digital asset activities

The initial article was published at Nikkei Asia and was republished on sites such as DealStreet and K. I hope to add more context to my comments.

Q1/ Singapore is warning investors about investing in cryptocurrencies while selectively giving licenses for crypto/digital asset platforms to operate. How contradictory is this approach and what are authorities exactly trying to achieve here?

Singapore’s approach is essentially one guided by the traditional finance structure, applying existing legal frameworks where possible, to protect the investing public. As a result, the regulators are proactive about warning individual investors about the risks in investing in cryptocurrencies, which is what you would expect.

But I do think Singapore’s approach is also very contradictory. I do not agree with the practice of selectively granting licences to different crypto entities. The whole process of selecting who to give the licence to is not very transparent in my opinion.

If you look at the licences that have been given out so far, to the brokerage arm of Southeast Asia’s largest lender DBS Bank, and Australian cryptocurrency exchange Independent Reserve, it gives the impression that the government is favouring big players and foreign exchanges.

Right now, a lot of crypto exchanges and startups who regard Singapore still as a crypto hub, are doing their very best to stay in Singapore and be licensed. But the truth of the matter is that most of them are effectively in regulatory limbo. They have no idea what exactly is going to happen next, whether or not their application will be approved.

What I would like to see is for the regulator, the Monetary Authority of Singapore (MAS), to take a more systematic and open-handed approach to licensing, so that every crypto business will have an equal opportunity to comply with its requirements.

 

Q2. What are the positive aspects and drawbacks of the way Singapore is approaching the regulation of crypto and digital asset activities?

The positive aspect is that Singapore is trying to build its own crypto ecosystem by embracing crypto exchanges and startups, and I think that is positive.

 The drawback in the current approach, and one that I really do not want to see, is for all intent and purposes an elitist model where only businesses that appear to be in favour with the regulator are able to get a licence in a reasonable time span.

 Singapore is obviously trying to both embrace crypto, and at the same time also trying to regulate the crypto sector to protect investors and the public at large. But it’s a difficult balance to strike, and without an impartial and transparent approach to licensing, they risk defeating the purpose of making cryptocurrencies available to all.

 Between crypto and traditional assets there are key differences, not least of which is their decentralized nature. As a result, whatever applied in the past to traditional assets might not work so well for cryptocurrency, because of the way it works and how people use it.

It comes down to the fact that Singapore needs to find new ways to regulate this dynamic new sector, without trying to rely on existing models that are no longer fit for purpose, if it’s to be a leading hub for cryptocurrencies in Southeast Asia and globally.

 

Q3. Which countries in Southeast Asia and the rest of Asian can perhaps best be able to emulate Singapore’s regulatory approach and why?

I believe South Korea and Hong Kong, with similar financial systems, can best emulate the whole regulatory approach, and by learning the lessons so far do it a lot better than Singapore. That said, the recent announcement by China banning crypto activities leaves the fight for the top spot for crypto in Southeast Asia up for grabs. As well as South Korea and Hong Kong, I also see Japan as a big threat to Singapore in the fight to be Asia’s crypto

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Crypto entrepreneurs find Singapore is not so hospitable after all

Cryptocurrency entrepreneurs lured to Singapore by its apparent openness to the burgeoning industry are discovering just how difficult it is to legally operate in the city-state.

More than 100 of the around 170 businesses that applied for licenses to offer “digital payment token services” have now been turned down or withdrawn their applications, according to the latest figures from regulators.

And scores more face an uncertain future, operating under exemptions but amid a darkening mood over the approval process.

In early September, the Monetary Authority of Singapore (MAS) ordered Binance, one of the world’s largest crypto exchanges, to stop providing services to residents in the city-state, and last week Binance’s Singapore-only affiliate announced it also was shutting down its trading platform for the city-state. Dozens are confronting a similar fate.

Dubai-based crypto exchange Bitxmi is one of 103 companies that appear on the latest MAS list of entities whose exemptions allowing them to operate have been removed. Having set up in Singapore in late 2018, it was unsuccessful in securing a license, chief executive officer Sanjay Jain told Nikkei Asia.

“We can’t operate in Singapore,” he said. “We have an office there, but it’s just more or less—there’s one person for our accounting and legal issues.”

Jain declined to speak about why his outfit did not manage to secure a license from regulators. “That, you need to ask them,” he said.

The introduction of the licensing regime in January was cast as the next step in building a thriving crypto sector and set up a contrast with Singapore’s rival Asian financial hub, Hong Kong, which had taken a more skeptical approach to crypto businesses.

Graph by Nikkei Asia.

A spokesperson for MAS told Nikkei that it is supportive of innovation in the use of blockchain technology, which underpins cryptocurrencies, while also recognizing the risks.

“Cryptocurrencies could be abused for money laundering, terrorism financing, or proliferation financing due to the speed and cross-border nature of the transactions,” the spokesperson said. “Digital payment token service providers in Singapore … have to comply with requirements to mitigate such risks, including the need to carry out proper customer due diligence, conduct regular account reviews, and monitor and report suspicious transactions.”

Rahul Advani, Asia-Pacific policy director at blockchain company Ripple, said Singapore’s stance on digital assets has resulted in the city-state being one of the most advanced and mature nations in the field, helping foster development and innovation in the emerging industry.

“It’s very clear where digital assets and related activities lie on the risk spectrum, so you mitigate the potential of developing and investing in technology that is unregulated,” he told Nikkei.

Crypto players that raced to set up in Singapore run the spectrum from exchange platforms for trading bitcoin, Ethereum, and other tokens, through investment managers and financial advisers looking after digital asset portfolios for the wealthy, to business-to-business outfits helping corporate clients accept cryptocurrency payments.

Outfits that were operating in the country prior to the introduction of the licensing regime were granted exemptions until the outcome of their license application is known. Senior Minister Tharman Shanmugaratnam told parliament in July that there were 90 companies operating under such exemptions.

The MAS website showed that the group had shrunk to about 70 as of December 14.

So far, only three players—DBS Vickers Securities, a unit of Singapore and Southeast Asia’s largest bank, DBS Group Holdings; digital payments startup FOMO Pay; and Australia’s Independent Reserve, which offers crypto exchange services—have been listed on the MAS website as licensed entities.

Two others—Coinhako, which operates a crypto exchange platform, and TripleA, a payments company—have put out announcements themselves saying they have acquired the necessary approvals to operate.

Anndy Lian, chairman of Netherlands-registered crypto trading platform BigONE Exchange, told Nikkei that his outfit does not intend to apply for a license in Singapore presently.

“The whole process of selecting who to give the license to is not very transparent,” he said. “It gives the impression that the government is favoring big players and foreign exchanges.”

MAS has not publicly disclosed why specific crypto players were unable to obtain a permit.

But Nikkei understands that some of them did not have the capacity or infrastructure to meet the high compliance standards set out by the financial regulator to deter money laundering and financing of terrorism.

“Cryptocurrencies are currently being used to channel the earnings of everything from ransomware proceeds, the sale of narcotics to some of the most horrific crimes, including human trafficking,” said Rachel Woolley, head of financial crime at client management solutions provider Fenergo.

“Regulators have now entered this space in an effort to protect the financial services industry from illicit activity in much the same way that activity involving fiat currency must be monitored.”

MAS pointed to comments from its managing director, Ravi Menon, who has said that Singapore does not need 160 players in the crypto sector and it may be better to have “half of them” operating at very high standards.

TripleA told Nikkei that in securing its permit, it had to ensure that its operating procedures for risk assessment, customer due diligence, record-keeping, suspicious transaction reporting, auditing, and training were up to snuff.

But its CEO, Eric Barbier, said TripleA gained little insight into what exactly made the difference between success and failure.

“MAS never talks. MAS asks questions and questions and questions,” he said. “You can ask questions but they will not answer, and most regulators are like this.”

Barbier reckoned that being a business serving other businesses may have helped secure a license. “Especially for consumer-to-consumer, like consumer exchanges and so on, the risk of money laundering is very high, so they need to demonstrate to MAS that they are able to mitigate all those risks accordingly,” he said.

Peiying Chua, financial regulation partner for Singapore at the law firm Linklaters, said it is unlikely MAS is specifically favoring big, incumbent financial players: “Likely reasons for unsuccessful applicants may include a lack of track record or key personnel without adequate experience, a lack of a sustainable business model or serious adverse records relating to directors and key individuals.”

“The regulatory approach by MAS may to some degree stifle innovation in smaller entrepreneurs and sift out smaller virtual asset service providers that may not be able to comply with the regulations,” said Quek Li Fei, partner at law firm CNPLaw.

But he added it “provides a more forward-thinking approach toward encouraging legitimate innovation and entrepreneurship in cryptocurrency and digital asset businesses, with a reasonable level of protection to investors.”

 

 

Source: https://www.dealstreetasia.com/stories/crypto-entrepreneurs-singapore-274592/

 

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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