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22 Crypto-Friendly Countries in 2023: Regulations, Taxes, and Adoption

22 Crypto-Friendly Countries in 2023: Regulations, Taxes, and Adoption

The world of cryptocurrencies is constantly evolving, and so are the regulations and policies of different countries. While some nations have imposed strict bans or restrictions on crypto activities, others have embraced the innovation and potential of digital assets. In this post, I will list 22 of the most crypto-friendly countries in 2023, based on their regulatory environment, taxation, and adoption.

1. Switzerland
Switzerland is a global leader in finance and innovation, and it has also become a hub for blockchain and crypto companies. The Swiss city of Zug, nicknamed “Crypto Valley”, hosts many prominent crypto firms, such as Ethereum Foundation, Cardano Foundation, Tezos Foundation, and more. Switzerland has a favorable regulatory environment for cryptocurrencies, with clear and supportive guidelines for initial coin offerings (ICOs) and token classifications. The country also offers low or no taxes on crypto profits for individuals and businesses.

2. Malta
Malta is another small European nation that has earned the reputation of being a “Blockchain Island”. The island nation has attracted some of the biggest names in the crypto industry, such as Binance, OKX, BitBay, and more, due to its progressive and comprehensive crypto regulations. Malta has enacted three laws that provide legal certainty and protection for crypto businesses and investors: the Virtual Financial Assets Act, the Innovative Technology Arrangements and Services Act, and the Malta Digital Innovation Authority Act. Malta also does not impose any capital gains tax on crypto transactions.

3. Estonia
Estonia is a Baltic country that has embraced technology and innovation. The country is known for its e-government services, such as e-residency, e-voting, e-health, and more. Estonia is also applying its digital-first approach to the cryptocurrency sector, by offering a licensing system for crypto exchanges and wallet service providers. Estonia has a low corporate tax rate of 20%, which is only payable on distributed profits. Additionally, Estonia does not levy any capital gains tax on the sale of digital assets.

4. Singapore
Singapore is a global financial center and a leading fintech hub in Asia. The city-state has also become a hotspot for crypto businesses and investors, due to its supportive and pragmatic regulatory framework. Singapore has introduced the Payment Services Act, which regulates crypto service providers under the supervision of the Monetary Authority of Singapore (MAS). The act also provides a clear distinction between payment tokens (such as Bitcoin), utility tokens (such as Ether), and security tokens (such as tokenized shares). Singapore also does not tax crypto profits for individuals, unless they are derived from trading activities.

5. Japan
Japan is one of the most advanced and mature markets for cryptocurrencies in the world. The country has recognized Bitcoin as a legal form of payment since 2017, and has implemented strict but clear regulations for crypto exchanges under the Financial Services Agency (FSA). Japan has also established a self-regulatory body called the Japan Virtual Currency Exchange Association (JVCEA), which sets standards and best practices for the industry. Japan imposes income tax on crypto profits for individuals, ranging from 15% to 55%, depending on the amount.

6. Canada
Canada is another North American country that has a friendly attitude towards cryptocurrencies. The country has a well-developed crypto ecosystem, with many local exchanges, start-ups, and communities. Canada has also introduced regulations for crypto businesses under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), which requires them to register with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and comply with anti-money laundering (AML) and counter-terrorism financing (CTF) rules. Canada taxes crypto profits as either income or capital gains, depending on the nature and frequency of the transactions.

7. South Korea
South Korea is one of the most active and enthusiastic countries for cryptocurrency trading and adoption in the world. The country has a large number of crypto exchanges, users, and merchants that accept digital currencies as payment. South Korea has also legalized and regulated crypto activities under the Act on Reporting and Use of Specific Financial Transaction Information, which requires crypto service providers to register with the Financial Services Commission (FSC) and partner with local banks to offer real-name accounts to their customers. South Korea taxes crypto profits as income at a flat rate of 20%.

8. Lithuania
Lithuania is a small Baltic country that has emerged as a leading fintech hub in Europe. The country has attracted many foreign crypto companies, such as Revolut, Wirex, Bitstamp, and more, due to its favorable regulatory environment and incentives. Lithuania has issued guidelines for ICOs and token classifications under the Bank of Lithuania (BoL), which oversees the crypto sector. The country also offers tax exemptions for crypto transactions that do not involve fiat currencies.

9. Portugal
Portugal is another European country that has a positive stance on cryptocurrencies. The country has created a welcoming environment for crypto users and investors, by exempting them from paying any taxes on crypto profits. Portugal’s tax authority, the Autoridade Tributária e Aduaneira (AT), has clarified that crypto transactions are not subject to value-added tax (VAT) or personal income tax. However, crypto businesses are still subject to corporate tax and VAT on their services.

10. The Bahamas
The Bahamas is a Caribbean island nation that has become a pioneer in launching its own central bank digital currency (CBDC), called the Sand Dollar. The Sand Dollar is a digital version of the Bahamian dollar, which can be used for peer-to-peer transactions, online payments, and cross-border remittances. The Bahamas has also introduced regulations for crypto service providers under the Payment Systems and Services Act, which requires them to obtain a license from the Central Bank of The Bahamas (CBOB) and comply with AML and CTF rules. The Bahamas does not impose any income tax or capital gains tax on individuals or businesses.

11. Germany
Germany is one of the largest and most influential economies in Europe and the world. The country has also shown a progressive and supportive attitude towards cryptocurrencies and blockchain technology. Germany has recognized Bitcoin as a legal form of payment since 2013, and has regulated crypto service providers under the Banking Act, which requires them to obtain a license from the Federal Financial Supervisory Authority (BaFin) and comply with AML and CTF rules. Germany also offers a tax exemption for crypto transactions that are held for more than one year.

12. Slovenia
Slovenia is a small Central European country that has a vibrant and innovative crypto community. The country hosts many crypto events, projects, and initiatives, such as the Bitcoin City, which is a shopping mall that accepts Bitcoin as payment. Slovenia has also adopted a friendly and flexible regulatory approach for cryptocurrencies, by allowing them to operate without any specific licenses or permits. However, crypto profits are subject to income tax or capital gains tax, depending on the type and frequency of the transactions.

13. Netherlands
The Netherlands is another European country that has a strong and active crypto scene. The country has many crypto exchanges, start-ups, and organizations, such as Bitonic, BitPay, Bitfury, and the Bitcoin Foundation. The Netherlands has also adopted a self-regulatory model for crypto service providers, by requiring them to register with the Dutch Central Bank (DNB) and adhere to AML and CTF rules. The Netherlands does not tax crypto profits for individuals, unless they are derived from trading activities.

14. Georgia
Georgia is a former Soviet republic that has become one of the leading countries in cryptocurrency mining in the world. The country has abundant and cheap electricity, which attracts many local and foreign miners to set up their operations there. Georgia has also introduced favorable regulations for crypto businesses, by exempting them from paying any taxes on their income or profits. However, individuals are still subject to income tax on their crypto earnings.

15. Luxembourg
Luxembourg is a small landlocked country in Western Europe that has a high standard of living and a strong financial sector. The country has also been supportive of cryptocurrencies and blockchain technology, by granting legal status to Bitcoin as a form of payment in 2016, and by regulating crypto service providers under the Law on Payment Services Providers, which requires them to obtain a license from the Commission de Surveillance du Secteur Financier (CSSF) and comply with AML and CTF rules. Luxembourg also taxes crypto profits as income at progressive rates.

16. Argentina
Argentina is a South American country that has experienced economic instability and currency devaluation for many years. As a result, many Argentinians have turned to cryptocurrencies as a hedge against inflation and capital controls. Argentina has also become a hotspot for crypto innovation and adoption, with many local exchanges, start-ups, and projects, such as Ripio, Bitso, RSK, Decentraland, and more. Argentina does not have any specific regulations for cryptocurrencies, but they are subject to income tax or capital gains tax depending on the nature of the transactions.

17. Cyprus
Cyprus is an island nation in the Mediterranean Sea that has a history of financial crises and bailouts. The country has also been one of the early adopters of cryptocurrencies in Europe, with many local businesses accepting Bitcoin as payment since 2013. Cyprus has also established itself as a hub for blockchain education and research, by hosting the University of Nicosia (UNIC), which offers the world’s first master’s degree in digital currency. Cyprus does not have any specific regulations for cryptocurrencies, but they are subject to income tax or capital gains tax depending on the type of transaction.

18. Taiwan
Taiwan is another crypto-friendly country in Asia, as it has a progressive and open-minded approach to crypto regulation and innovation. Taiwan does not impose any specific taxes or restrictions on crypto transactions, making it a favorable environment for traders and investors. Crypto businesses are also allowed to operate freely in Taiwan, as long as they comply with existing laws on AML/CTF and consumer protection. Taiwan is also home to many crypto influencers, such as Justin Sun of Tron, Changpeng Zhao of Binance and Arthur Hayes of BitMEX, as well as projects such as IOTA, VeChain and Kusama.

19. Indonesia
Indonesia is the largest economy and the most populous country in Southeast Asia, with more than 270 million people. Indonesia has a young and tech-savvy population, who are increasingly adopting crypto as a way to access the global digital economy. Indonesia has legalized crypto as a commodity that can be traded on licensed platforms, but has banned its use as a payment method. Indonesia also imposes a 10% VAT on crypto transactions, which could deter some users and investors.

20. Philippines
The Philippines is an archipelagic country with more than 7,000 islands and 110 million people. The Philippines has a large remittance market, as many of its citizens work overseas and send money back home. Crypto offers a cheaper and faster way to transfer money across borders, which has attracted many Filipinos to use it. The Philippines has a progressive and pragmatic approach to crypto regulation, allowing its use as a payment method and issuing licenses to crypto exchanges and service providers. The Philippines also has a vibrant crypto community, with many events, meetups and initiatives taking place there.

21. Hong Kong
Hong Kong is a major financial hub and a gateway to mainland China. The city has a relatively liberal and open attitude towards crypto, allowing its residents to freely trade and use digital assets without imposing taxes or restrictions. Hong Kong also has a thriving crypto scene, with many exchanges, funds, media outlets and events based there. The Hong Kong Monetary Authority (HKMA) is currently approaching the crypto industry from three dimensions: stablecoins that can be used for payments, investor protection, and how authorized institutions deal with digital assets. The HKMA plans to adopt a so-called “same risk, same regulation” approach to crypto.

22. Turkey
Turkey is another country that has shown a high level of interest and adoption of crypto in recent years. Turkey has one of the highest rates of inflation in the world, which has eroded the value and trust in its national currency, the lira. As a result, many Turks have turned to crypto as an alternative store of value and medium of exchange. Turkey does not have any specific laws or regulations for crypto, but treats it as an asset that is subject to capital gains tax. Turkey also has a growing number of crypto service providers and platforms that cater to its local market.

Summing up
In conclusion, the cryptocurrency landscape in 2023 is a dynamic and rapidly evolving space, with various countries positioning themselves as crypto-friendly destinations. From the innovative and regulation-savvy Switzerland to the progressive Malta and Estonia, and the bustling crypto scenes in Singapore, Japan, Canada, and South Korea, the global crypto map is expanding.

Each of these 22 crypto-friendly countries offers unique advantages for cryptocurrency enthusiasts, investors, and businesses. Whether it’s clear regulatory frameworks, low taxation on crypto profits, or a supportive ecosystem for blockchain technology, these nations are paving the way for the future of finance.

As the world continues to adapt to the ever-changing crypto landscape, it’s essential for individuals and businesses to stay informed about the latest developments and opportunities in these crypto-friendly jurisdictions. The choices made today can significantly impact the future of digital assets and financial innovation worldwide.

 

Source: https://in.investing.com/analysis/22-cryptofriendly-countries-in-2023-regulations-taxes-and-adoption-200598629

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”.

www.anndy.com
j j j

Hong Kong’s Virtual Asset Trading Regulations, Explained

Hong Kong’s Virtual Asset Trading Regulations, Explained

Hong Kong’s new licensing regime for centralised virtual asset trading platforms (VATPs) is a significant development in the global push for cryptocurrency regulations. The Anti-Money Laundering and Counter-Terrorist Financing Ordinance (AMLO) will have come into effect on June 1, requiring all VATPs operating in Hong Kong or targeting Hong Kong investors to obtain a license from the Securities and Futures Commission (SFC).

This new regime is a commendable step towards bringing virtual asset trading platforms under regulatory oversight. With the rapid growth of the cryptocurrency market, it is crucial to establish robust regulatory frameworks to protect investors and prevent money laundering. By requiring VATPs to be licensed, Hong Kong aims to ensure compliance with legal and regulatory requirements and promote the responsible operation of these platforms.

The transitional arrangements outlined in the circular provide a reasonable timeline for existing VATPs to apply for a license and review their systems and controls to meet SFC standards. VATPs that have been providing virtual asset services in Hong Kong before June 1, and can demonstrate a genuine business presence will be allowed to continue operating until May 31, 2024, without breaching licensing requirements. This transitional period allows these VATPs to adjust their operations and align with the regulatory framework while maintaining continuity for their existing clients.

The eligibility criteria for the transitional arrangements focus on factors such as incorporation in Hong Kong, physical office presence, central management and control, key personnel location, and genuine trading volume. These criteria ensure that VATPs with a significant and substantial presence in Hong Kong benefit from the transitional arrangements while preventing shell companies from exploiting the system.

Additionally, individuals performing regulated functions for pre-existing VATPs are also granted a transitional period unti 2024, without breaching licensing requirements. This allows individuals to continue their roles during the transition and ensure a smooth process for both the VATPs and their employees.

Importantly, VATPs that were not operating in Hong Kong before June 1, are not eligible for the transitional arrangements. This sends a clear message that operating without a license will be considered a criminal offense.

Eligibility for transitional arrangements

As mentioned above, to be eligible for the transitional arrangements, VATPs must have been providing a service in Hong Kong before June 1. The SFC will assess the following factors to determine if a VATP is operating a genuine business within Hong Kong: Incorporation; a physical presence; central management and control exercised by a physical staff; and a live operation with clients and a genuine trading volume.

Merely setting up a company or having “shell” operations in Hong Kong will not meet the eligibility criteria.

VATPs operating in Hong Kong before June 1

VATPs that have a meaningful and substantial presence in Hong Kong before June 1, known as pre-existing VATPs, can continue to provide a service in Hong Kong until 2024 without breaching the licensing requirements. This is possible through the non-contravention arrangement. However, pre-existing VATPs must apply for a license, comply with the SFC’s standards, and ensure their systems and controls meet the legal and regulatory requirements.

Individuals performing regulated functions for pre-existing VATPs

Individuals can perform regulated functions for pre-existing VATPs until 2024 without violating the licensing requirements. This is allowed under the non-contravention arrangement. However, it is essential for individuals to ensure they comply with the applicable regulations.

VATPs not operating in Hong Kong before June 1

VATPs that were not operating in Hong Kong before June 1 are not eligible for the transitional arrangements. These VATPs should refrain from engaging in any activities in Hong Kong or actively marketing their services to Hong Kong investors until they obtain a license from the SFC. Engaging in unlicensed activities is a criminal offense.

Individuals performing regulated functions for VATPs not operating in Hong Kong before June 1

Individuals who perform, or hold themselves out as performing, regulated functions for VATPs that were not operating in Hong Kong before June 1 are also not eligible for the non-contravention arrangement. Engaging in unlicensed activities in this scenario is a criminal offense.

It is crucial for all VATPs to understand that they must obtain a license from the SFC before commencing any business activities or marketing their services to Hong Kong investors.

Enforcement actions and licensing process

The SFC has the authority to take enforcement actions against VATPs that operate without a license or fail to comply with the licensing requirements. These actions may include criminal prosecution, fines, or other regulatory measures.

For VATPs that need to obtain a license, they must go through the licensing process outlined by the SFC. The process involves submitting an application, providing relevant documentation, and demonstrating compliance with the regulatory requirements. The SFC will assess each application on a case-by-case basis, considering factors such as the VATPs financial soundness, operational capabilities, and systems and controls for combating money laundering and terrorist financing.

Ongoing compliance obligations

Once licensed, VATPs are required to maintain ongoing compliance with the regulatory obligations set out by the SFC. These obligations include:

· Implementing robust systems and controls to detect and prevent money laundering and terrorist financing activities.
· Conducting customer due diligence, including KYC (know your customer) procedures, to verify their identities.
· Reporting suspicious transactions and maintaining proper record-keeping.
· Complying with relevant regulatory requirements, such as disclosure obligations, and licensing conditions.
· Cooperating with the SFC in inspections and providing necessary information and assistance.

VATPs should ensure that their compliance frameworks are adequate and up to date to meet these obligations.

Impact on the virtual asset trading industry

The introduction of the new licensing regime for VATPs in Hong Kong aims to enhance investor protection, safeguard the integrity of the market, and mitigate the risks associated with money laundering and terrorist financing. By establishing a robust regulatory framework, the SFC aims to foster the development of a healthy and sustainable virtual asset trading industry in Hong Kong.

VATPs operating in or targeting the Hong Kong market should carefully review the licensing requirements and ensure compliance with the new regime. It is advisable to seek legal and regulatory advice to navigate the licensing process effectively and maintain ongoing compliance with regulatory obligations.

Speaking to industry experts

I had an opportunity to speak to industry experts and how they look at the current framework.

Tony Tong, Chairman of the Hong Kong Blockchain Association, said: “I welcome the [new regulations] as this will create many new job opportunities for the regulated crypto industry in Hong Kong. The issuance system for [virtual asset trading platforms] in Hong Kong has opened for applications today. Hong Kong’s comprehensive regulatory framework for virtual assets follows the principle of ‘same business, same risks, same regulation,’ with the aim of providing adequate investor protection and managing major risks. This framework promotes sustainable development and supports innovation in the industry.”

Jay Hao, former Chief Executive Officer of OKX, holds a similar view. “Hong Kong has taken a giant leap towards taming the unruly world of virtual asset trading platforms by introducing a licensing regime. They have decided to bring law and order to the Wild West of cryptocurrency. This move is seen as a positive step towards regulation, which means we can all breathe a collective sigh of relief, or at least a regulated sigh. So, let’s raise our glasses to Hong Kong’s virtual asset licensing regime- a beacon of hope in a sea of crypto confusion. It’s a step towards a more regulated and secure future, where investors can trade virtual assets without constantly looking over their shoulders. It’s time to ride off into the sunset of virtual asset regulation, knowing that Hong Kong is paving the way towards a safer and more controlled cryptocurrency frontier.”

Bitverse’s founder Win is also positive and added that his solution would also help to increase trust among users. “We are extremely excited about Hong Kong’s positive stance towards cryptocurrencies and innovation.”

Bitverse is actively building the industry’s first web3 credit wallet, based on a high-security, highly scalable, and low Gas wallet core using MPC+AA technology, along with a web3 open credit protocol built on an AI+Oracle network. The web3 credit protocol, constructed on decentralized trusted network nodes, not only facilitates various project scenarios in acquiring customers quickly and at a low cost but also enhances product competitiveness through structured enhancements. Moreover, the mechanism of “credit mining” enables highly creditworthy users from the real world to earn greater profits, thereby genuinely attracting more B2B and B2C users to participate in the entire decentralized credit value network.

The deeming arrangement introduced under the AMLO offers an opportunity for pre-existing VATPs and proposed licensed individuals to be deemed licensed from June 1, if they meet specific conditions outlined by the SFC. This provision allows for a smooth transition and avoids disruption in the operation of VATPs and the roles of licensed individuals.

The implementation of the new licensing regime and the transitional arrangements demonstrates Hong Kong’s commitment to the virtual asset trading industry. By bringing VATPs under the oversight of the SFC, the government aims to protect investors, enhance market integrity, and mitigate the risks associated with virtual asset trading. The SFC’s supervisory and disciplinary powers, along with the adherence to regulatory requirements, will ensure a more transparent and accountable virtual asset trading environment.

While the new licensing regime is a significant step forward, ongoing monitoring and continuous adaptation of regulations will be essential. The cryptocurrency market is evolving rapidly, and regulatory frameworks must keep pace to address emerging risks and challenges effectively.

Overall, Hong Kong’s new licensing regime for VATPs is a positive development for the virtual asset trading industry. It sets a precedent for other jurisdictions to follow, fostering greater trust and confidence in the market. As the global cryptocurrency landscape continues to evolve, regulatory efforts like these will play. It will be interesting to observe how Hong Kong’s stance on cryptocurrencies unfolds in the coming months and how it affects the local economy and regulatory landscape.

 

Source: https://intpolicydigest.org/hong-kong-s-virtual-asset-trading-regulations-explained/

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”.

www.anndy.com
j j j

How Hong Kong’s stricter crypto regulations aim to boost investor confidence

How Hong Kong’s stricter crypto regulations aim to boost investor confidence

Hong Kong has been a major financial hub for many years, and in recent years, it has shown increasing interest in blockchain and cryptocurrency technologies. The government of Hong Kong has indicated its support for the industry’s development, and many initiatives are underway to help create a favorable environment for crypto and blockchain businesses.

Hong Kong has a well-established regulatory framework for financial services, which has helped attract many crypto and blockchain companies. The Hong Kong Monetary Authority (HKMA) has launched several initiatives to support the development of blockchain and digital currencies. For example, the HKMA is working on developing a central bank digital currency (CBDC), and has also launched a blockchain-based trade finance platform.

Many active blockchain and cryptocurrency communities in Hong Kong provide support and resources for businesses and developers in the industry. Many events and conferences related to blockchain and cryptocurrency in the city help create networking opportunities and promote the industry’s growth.

In December 2022, the Legislative Council of Hong Kong passed an amendment to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (AMLO), introducing a licensing regime for virtual asset service providers (VASPs).

Hong Kong’s New Regulatory Framework

Hong Kong has recently implemented new regulatory frameworks for cryptocurrency trading and services. The updated Anti-Money Laundering Ordinance is in line with the Financial Action Task Force (FATF) Recommendation 15, which requires virtual asset service providers (VASPs) to adhere to anti-money laundering (AML) and countering the financing of terrorism (CFT) regulations.

The new regulations require all VASPs operating in Hong Kong to obtain a license from the Securities and Futures Commission (SFC). Without a license, individuals and businesses cannot offer VA services or declare themselves as a provider.

The Hong Kong government closely regulates all activities related to the provision of virtual asset (VA) services. The term “VA services” encompasses a broad range of electronic services that include, but are not limited to:

  • (a) Offering virtual assets for sale or purchase regularly, resulting in a binding transaction; regularly introducing or identifying persons to other parties with the purpose of negotiating or concluding virtual asset transactions that are binding or with the reasonable expectation of doing so;
  • (b) Possessing direct or indirect control over client money or client virtual assets in the provision of such services.

It is important to note that crypto trading platforms that allow trading in financial products such as securities and futures contracts are not subject to the new licensing regime, as they are already regulated under the Securities and Futures Ordinance. Another thing to note is that the new licensing requirements extend to all crypto exchanges registered in Hong Kong under the Companies Ordinance, including those based outside of Hong Kong that actively target Hong Kong citizens in their marketing efforts.

Prohibition on Unlicensed VA Service Providers

The amended Ordinance also prohibits unlicensed persons from performing regulated functions related to the business of providing VA services. Such functions may include the buying or selling of virtual assets, managing virtual asset portfolios, and providing virtual asset custodian services.

Unlicensed individuals or businesses cannot advertise VA services in Hong Kong. The SFC can take enforcement actions against unlicensed entities, including issuing fines and revoking licenses.

Impact on VASPs

The new regulations have significant implications for VASPs operating in Hong Kong. The licensing process is rigorous and requires VASPs to demonstrate compliance with AML/CFT requirements. Licensed VASPs are subject to ongoing supervision and monitoring by the SFC.

The licensing process requires VASPs to provide detailed business information, including ownership structure, management team, and risk management systems. VASPs must also conduct customer due diligence and transaction monitoring to detect and report suspicious activities.

VASPs that fail to comply with the regulatory requirements may face severe consequences, including fines, license revocation, and reputational damage. The regulations aim to promote a safe and stable virtual asset market in Hong Kong and protect the interests of investors and consumers.

Benefits of the New Regulatory Framework

The new regulatory framework for virtual asset services in Hong Kong has several benefits for VASPs and investors. Firstly, the regulations provide clarity and certainty about the legal and regulatory environment for virtual asset services in Hong Kong. This clarity can help attract more investors and businesses to the market.

Secondly, the regulations promote transparency and accountability in the virtual asset market. Licensed VASPs must maintain proper records, conduct regular audits, and report suspicious activities to the relevant authorities. These requirements can help deter fraud and other illicit activities in the market.

Thirdly, the regulations help promote a level playing field for all VASPs operating in Hong Kong. The licensing process ensures that all VASPs meet the same high standards and are subject to the same regulatory requirements. This can help create a more competitive and fair market for virtual asset services in Hong Kong.

How to get the license?

Crypto businesses must obtain a license from the Securities and Futures Commission, the regulatory body for securities and futures markets. To get a license, the business must pass a ‘fit and proper’ test that involves criminal background checks, AML/CFT performance history, financial standing, educational or other qualifications, reputation, experience, character, reliability and financial integrity of the person. The business must also apply for approval of the premises to keep records or documents required under the Ordinance. Additionally, each director of the applicant and the ultimate owner must be determined as ‘fit and proper’ to be associated with providing the VA service.

To meet the regulatory requirements of the new Ordinance, licensed crypto businesses must introduce AML/CTF measures, including customer due diligence, transaction monitoring and record-keeping, screening clients against international sanctions and watchlists for PEP status, and screening clients in adverse media. They must also comply with Travel Rule requirements and appoint an eligible auditor within one month after becoming a licensed provider. Furthermore, they must prepare financial statements and other documents for prescribed periods and submit them with the auditor’s report to the Commission within four months after the end of the financial year to which they relate.

The licensed provider must also submit an annual return to the Commission and pay a prescribed fee within one month after each anniversary of the license’s grant date. Finally, the licensed person must notify the Commission in writing of any change in information that the licensed person or ultimate owner has provided under the requirements of the Ordinance, including intended cessation of business or intention to change the address at which it proposes to provide any VA service.

Final words

The SFC will have broad powers to supervise AML/CTF and regulatory compliance by licensed VASPs, including imposing sanctions. Businesses that operate without a license or violate AML rules can face significant fines and imprisonment for senior management. In the case of fraudulent activities or deception involving virtual assets, fines can reach up to 10,000,000 HKD (1,277,000 USD) and imprisonment for up to 10 years.

The new regulations will come into effect on April 1, 2023. Some provisions, including licensing requirements, will go into effect on June 1, 2023. Businesses are advised to start preparing for the new regulations as soon as possible and reviewing their AML/CTF policies and controls to identify potential gaps in the requirements.

Overall, implementing these new regulations is expected to attract more institutional investors to the Hong Kong cryptocurrency market, as they will have greater confidence in the safety and legitimacy of the industry. The move also brings Hong Kong’s cryptocurrency regulations in line with global standards and best practices.

Hong Kong has experienced significant events since 2019 that have had a major impact on the city and its people. Hong Kong has faced many challenges, from protests and political unrest to the COVID-19 pandemic to the introduction of national security law and political changes. I hope the city’s new crypto agenda pushes a critical step forward. By embracing the opportunities of new technologies, protecting investors, and promoting transparency, Hong Kong can continue to be a leader in the global financial industry.

Some “#AnndyLian Food for Thought” before I end this article:

The Japanese government recognized early on that allowing retail investors to participate in the cryptocurrency market could help drive adoption and promote innovation. My question is: “Will Hong Kong follow Japan’s approach to allowing retail investors to trade cryptocurrencies in a regulated environment?”

This could be one of their selling points. I am eager to find out.

 

Source: https://cryptoslate.com/op-ed-how-hong-kongs-stricter-crypto-regulations-aim-to-boost-investor-confidence/

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”.

www.anndy.com
j j j