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Russia to Decide Fate of Crypto Exchangers in 2022

Russia to Decide Fate of Crypto Exchangers in 2022Discussions on the future of “virtual currency exchangers” in Russia should be completed in 2022, a high-ranking representative of the country’s financial watchdog has indicated. Following international standards, authorities in Moscow would have to either regulate or ban such platforms. Decision on Digital Currency Exchangers in Russia Expected Next Year Considerations regarding the regulatory treatment […]

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Global Regulatory Watchdog Updates Crypto Guidance for Governments, Targets DeFi and NFTs

A prominent global anti-money laundering (AML) agency called the Financial Action Task Force (FATF) is updating its guidance for the virtual asset sector. In a document published Thursday, FATF detailed further regulation clarifications on six key crypto topics. These subjects include the definition of virtual assets (VA) and virtual asset service providers (VASPs), stablecoin guidance, […]

The post Global Regulatory Watchdog Updates Crypto Guidance for Governments, Targets DeFi and NFTs appeared first on The Daily Hodl.

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FATF includes DeFi in guidance for crypto service providers

Despite DeFi apps not being VASPs under the FATF standards, the authority still wants them regulated like VASPs.

Decentralized finance, or DeFi, continues driving more interest from regulators and is becoming a part of the major international rules designed for virtual asset service providers, or VASPs.

On Thursday, the Financial Action Task Force, or FATF, issued a new update to its 2019 guidance to a risk-based approach for virtual assets and VASPs, paying particular attention to the DeFi industry.

The new guidance addresses issues identified in the FATF’s 12-month review of the revised FATF standards on virtual assets and VASPs requiring further clarification, and also reflects input from a public consultation in March and April 2021.

The authority has provided significant additional guidance regarding the DeFi industry, despite the fact that DeFi applications not considered VASPs under the FATF standards, as the standards “do not apply to underlying software or technology.” However, the updated guidance states that DeFi developers and maintainers can actually be considered as VASPs:

“Creators, owners and operators or some other persons who maintain control or sufficient influence in the DeFi arrangements, even if those arrangements seem decentralized, may fall under the FATF definition of a VASP where they are providing or actively facilitating VASP services.”

According to Pelle Brændgaard, CEO of crypto compliance startup Notabene, the new guidance is looking to determine VASPs in the DeFi ecosystem based on revenue of its participants. “If a business is extracting transaction fees or direct revenue from a protocol that they control, they likely will be classified as a VASP. More fully decentralized protocols could be covered under certain cases as well, but not all cases,” Brændgaard told Cointelegraph.

Apart from providing significant additional guidance on DeFi, the new FATF guidance also addresses nonfungible tokens (NFTs), stating that NFTs are excluded from the FATF definition of virtual assets, but “would be covered by the FATF standards as that type of financial asset.”

“Given that the VA space is rapidly evolving, the functional approach is particularly relevant in the context of NFTs and other similar digital assets. Countries should therefore consider the application of the FATF standards to NFTs on a case-by-case basis,” the document reads.

Related: Crypto exchange Bitfinex testing new AML compliance tool

The update also calls for increased urgency from global regulators to implement the Travel Rule, an Anti-Money Laundering and Counter Financing of Terrorism regulation for financial institutions introduced by the FATF in 2019. “Countries may wish to take a staged approach to enforcement of travel rule requirements “but should continue to ensure that VASPs have alternative measures in place” to mitigate money laundering risks associated with crypto transfers in the interim, the document notes.

“With this updated Guidance, FATF is increasing the urgency yet also acknowledging the real-world issues VASPs and Travel Rule service providers like us have pointed out to them over the last year. They are now recommending that regulators be flexible during the initial rollout,” Brændgaard said.

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Crypto exchange Bitfinex testing new AML compliance tool

Launched in production in 2020, Notabene’s Travel Rule solution now processes transactions between 50 crypto exchanges.

Cryptocurrency exchanges Bitfinex is preparing to test out a new Anti-Money Laundering (AML) tool on its platform.

The firm announced Wednesday that it will be testing a new solution designed for complying with the “Travel Rule,” an AML/Counter Financing of Terrorism regulation for financial institutions introduced by the Financial Action Task Force (FATF) in 2019.

Bitfinex partnered with compliance startup Notabene to implement its software-as-a-service solution to identify virtual asset accounts, track cross-border transactions and comply with other broad obligations of Virtual Asset Service Providers (VASPs). The integration will supposedly allow the firm to ensure privacy while collecting and managing Travel Rule-related data.

According to the announcement, the solution allows Bitfinex to share, send and receive counterparty information alongside blockchain transactions to any counterparties using the same infrastructure. Bitfinex’s sister company Tether, which operates the world’s largest stablecoin Tether (USDT), has also begun using Notabene's solution.

Paolo Ardoino, chief technology officer at Bitfinex and Tether, said that Bitfinex has “always taken a leading role in meeting new global regulatory requirements.” 

Notabene CEO Pelle Braendgaard told Cointelegraph that the firm launched its travel rule solution in August 2020. The service is currently processing transactions between at least 50 different exchanges, including Paxful, Luno, BitSo, OnChain Custodian and others.

Notabene has been running tests across many jurisdictions, including a pilot with the Financial Services Regulatory Authority of Abu Dhabi Global Market in early October.

“With this updated Guidance, FATF is increasing the urgency yet also acknowledging the real-world issues VASPs and Travel Rule service providers like us have pointed out to them over the last year. They are now recommending that regulators be flexible during the initial rollout,” Braendgaard said.

Related: Bank of Spain issues registration guidelines for crypto services

Braendgaard added that Travel Rule compliance is growing rapidly every quarter, and the firm expects major VASPs to comply by the first or the second quarter of 2022.

Since releasing the crypto Travel Rule more than two years ago, the FATF has continued working on the framework to improve it and fit the growing cryptocurrency industry. In February, the authority issued a review document to adapt its Travel Rule guidance for stablecoins and crypto peer-to-peer transactions.

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Tether trials Notabene’s new travel rule technology to combat financial crimes

The "Travel Rule" aims to bring reporting standards for virtual asset service providers in line with other traditional financial institutions.

Tether Operations Limited, the firm operating the Tether (USDT)-centric platform tether.to, announced today that it will use Notabene, an end-to-end solution for cryptocurrency Travel Rule compliance.

Tether will begin testing Notabene's cross-border transaction monitoring system for virtual asset service providers (VASPs) to combat financial crimes such as money laundering.

Notabene is a new technology for monitoring cryptocurrency transactions in real-time, making the blockchain more transparent and allowing regulators to keep better track of cash flow.

The Know Your Customer infrastructure stack at the firm is built to span jurisdictions with little or no regulation of financial services.

Notabene claims to offer a low-risk environment to test sophisticated crypto use cases. Tether will use Notabene's technology to determine if it can securely transmit identifying data for clients in other VASPs. In particular, as it pertains to transactions conducted by VASPs, Notabene's solution will help Tether protect its consumers. 

The Financial Action Task Force (FATF), a worldwide group that sets Anti-Money Laundering standards, has determined that VASPS should adhere to the same rules as regulated financial institutions. The "Travel Rule" advises VASPs to exchange specific client information between counterparties for transactions worth more than a certain amount.

These procedures are meant to assist nations and service providers in preventing money laundering, terrorist financing, and complying with sanctions laws. Commenting on the new development, Tether's CCO Leonardo Real stressed the importance of working with other VASPs, stating:

“As pioneers of blockchain technology and leaders in transparency, we are dedicated to not only keeping up with new rules but helping shape them. Because the Travel Rule traditionally applies to financial institutions, we see this as an opportune moment to foster cooperation across traditional and digital channels in order to create better services for customers globally. We are proud to lead the charge.”

According to a recent report from Cointelegraph, the SEC will be in charge of U.S. stablecoin regulation and enforcement. In 2021, the stablecoin market has seen tremendous development, and Tether's market capitalization has soared this year, increasing by 229% since the start of the year to $69.6 billion.

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Ukraine passes legislation to recognize and regulate crypto

Ukraine is hoping its new digital asset regulations will attract foreign crypto exchanges to set up shop in the Eastern European nation.

The Ukrainian Parliament has adopted legislation regulating foriegn and domestic cryptocurrency exchanges operating from within the country.

On Sept. 8, the Ukrainian Parliament adopted the draft law “On Virtual Assets,” legally recognizing cryptocurrency in the country for the first time. The legislation is based on the existing standards developed by the intergovernmental policy-making organization, Financial Action Task Force on Money Laundering (FATF).

The Ukraine’s Ministry of Digital Transformation will be tasked with overseeing the implementation of the new virtual asset regulation and guiding the industry’s growth, in adherence with “international standards.

Anastasia Bratko of the Ministry of Digital Transformation said the law allows companies to launch virtual asset markets in Ukraine and enables banks to “open accounts for crypto companies.

“Ukrainians will also be able to declare their income in virtual assets,” she said, adding that the law “guarantees judicial protection of the rights to virtual asset owners.”

An announcement from the ministry emphasized that “the country will receive additional tax revenues to the budget, which will be paid by crypto companies,” adding:

“The adopted norms establish rules for service providers related to the circulation of virtual assets and contribute to the market’s de-shadowing.”

Virtual asset service providers (VASPs) “must have an impeccable business reputation” and will be required to disclose their ownership structure to identify their ultimate beneficial owners. Internal anti-money launder measures must also be maintained by VASPs.

Deputy Minister of Digital Transformation of Ukraine, Oleksander Bornyakov, highlighted provisions contained in the legislation to attract “foreign exchange to the Ukrainian market,” adding:

“It will become a powerful incentive for the further development of the crypto-sphere in Ukraine. Banks will open accounts for them and conduct transactions with a new class of assets. I am sure that society, business and the state will benefit from the legalization of the new sector of the economy.”

Related: Ukrainian ministry considering digital currency pilot for staff salaries

Last month, Mikhail Fedorov, Ukraine’s Deputy Prime Minister and the head of the country’s Ministry of Digital Transformation, revealed that his ministry was exploring using a central bank digital currency (CBDC) to make salary payments in an early pilot of the technology.

Ukrainian President Volodymyr Zelenskyy signed a law enabling the country’s central bank to issue a CBDC in July.

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Cardano Foundation partners with Coinfirm for FATF and 6AMLD compliance

Coinfirm said it would be able to provide the same AML/CFT analytics for assets minted on Cardano, a number which may grow as the project prepares to expand to smart contracts.

The nonprofit organization behind Cardano has partnered with blockchain analytics provider Coinfirm to ensure ADA is in compliance with the Financial Action Task Force’s guidelines.

In an Aug. 24 announcement, the Cardano Foundation said it would be using Coinfirm’s services to provide Anti-Money Laundering, or AML, and Combating the Financing of Terrorism, or CFT, analytics for Cardano’s native cryptocurrency ADA. According to the foundation, the integration will allow the project to be “in full compliance” with the guidelines set forth by the Financial Action Task Force, the European Union’s Sixth Anti-Money Laundering Directive, or 6AMLD, and other regulations applicable to Cardano.

“AML/CFT analytics is essential for a cryptocurrency to receive mass adoption within regulated markets,” said Cardano Foundation’s head of technical integrations Mel McCann. “The tools and services provided by Coinfirm enables every exchange, custodian, and all other third-parties to clearly track the history of ada held in their wallets.”

Coinfirm said it would be able to provide the same AML/CFT analytics for assets minted on Cardano, a number which may grow as the project prepares to expand to smart contracts. News of the integration comes as blockchain firm dcSpark announced it would be building its Milkomeda sidechain, connecting the Cardano blockchain to Ethereum.

Related: B ADA now staked as Alonzo smart contract excitement builds

The price of the ADA token has significantly increased in the last month, reaching an all-time high of $2.92 on Aug. 22. As data from Cointelegraph Markets Pro shows, the token currently has a market capitalization of more than $88 billion, making it the third largest cryptocurrency ahead of Binance Coin.

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Mexico Issues Reminder for Crypto Exchanges to Report Transactions

Mexico Issues Reminder for Crypto Exchanges to Report TransactionsThe government of Mexico has issued a reminder for virtual asset service providers (VASPs) about the requirement of reporting cryptocurrency transactions. The issued document states that these institutions must deliver a report of all transactions over an established value threshold by September 17. All of this is established in the Federal Law For The Prevention […]

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Senate infrastructure bill isn’t perfect, but could the intention be right?

The provisions of the U.S. infrastructure bill stirred up a heated debate, but many of the fears voiced by its critics are misguided.

United States Senators have cast their votes, and the contentious HR 3684 infrastructure bill cleared in the upper Congress chamber. Now, the gigantic document of over 2,700 pages and amounting to almost $1 trillion is heading to the House of Representatives, including the provisions expanding the definition of a cryptocurrency broker, designed to beef up crypto and decentralized finance (DeFi) tax compliance. The $1 trillion can’t come out of thin air, right?

While the bill in effect simply follows Financial Action Task Force (FATF) guidelines, doomsayers are already declaring the end is nigh, haunted by visions of the dreaded Internal Revenue Service (IRS) coming for their coins. As usual, they’re wrong.

Related: Cryptocurrency mining under proposed US policy changes

No, not everybody is a ‘broker’

For critics, one of the key points of contention is that Section 80603 of the bill defines “brokers” as anyone who is “regularly providing any service effectuating transfers of digital assets on behalf of another person.” Even this incredibly unclear language comes from an amended version of the bill, with an earlier one featuring an even broader definition. And yes, it could still be clearer. The bill demands that brokers report client information to the IRS but critics fear that with a definition this wide, it would encompass everyone from miners to node operators and liquidity pool providers.

A compromise amendment was supposed to explicitly exclude blockchain validators from the definition, but it did not survive a vote, sunk by a defiant Senator. Even if House lawmakers do not amend this, it remains hard to see how the original language could be applied to the broader crypto ecosystem, as “effectuating transfers'' on someone else’s behalf is simply not what miners or holders do. In the cryptoverse, the entities that are transferring value between users are centralized exchanges (CEX) and decentralized exchanges (DEX). They are the market makers. Both kinds of brokers are capable of introducing compliance tools through software updates for their platforms.

Related: Broker licensing for US blockchain developers threatens jobs and diversity

In the legal debates on content piracy back in Aug. 2007, BitTorrent wasn't found liable for the enormous amount of copyrighted songs and videos shared freely via its peer-to-peer (P2P) protocol. Those leveraging the P2P protocol weren’t as lucky — Lime Group, with its LimeWire web service, was deemed liable for “contributory infringement” in 2010. The difference was in how they approached the searches. With BitTorrent, you create a tracker for any specific file and share it on a third-party website to move it bit by bit around a network of users. LimeWire’s network supported intrinsic search queries for audio and video files, thus facilitating the file transfers. LimeWire also had a recommendation system: If it saw you were downloading, for example, Spider-Man the movie, it would suggest you download Superman as well. In the same vein as BitTorrent, miners facilitate a generic transaction, not necessarily a value transfer. The value transfer is facilitated by the party that coordinated the transaction, which includes matching a buyer and seller with associated pricing information for a proposed transaction.

And another point, CEXs are already filing tax information to the IRS, while DEXs mostly are not. Why aren’t DEXs held to the same standard as CEXs and other services facilitating transfers of value, such as PayPal? Bringing them under this umbrella is not only morally fair and just, but it is a sound and uniform implementation of the law. And for those saying such entities have no central administration to enforce anything, consider the fact that DEXs most often still have an owner whose wallet is collecting the profits, and that most updates for open-source projects usually come from one and the same entity. Where there’s a will, there’s a way.

Related: More IRS crypto reporting, more danger

No, innovation is not packing up

Critics also warn that the bill, if approved, could drive the crypto community out of the U.S., which would dent the country’s potential for innovation. But fear not: There is nowhere to run anyway. As noted before, the crypto provisions of the infrastructure bill are based on the latest standards issued by FATF, a global body fighting money laundering. These standards are generally implemented around the world, albeit within different time frames.

FATF first put its sights on cryptocurrencies in 2019, urging nations to tighten up the regulations on crypto exchanges. Since then, dozens of exchanges have been shuttered around the world for failing to comply with the respective local regulations inspired by FATF standards. Its latest guidelines take aim at DeFi and nonfungible tokens, or NFTs, so it’s no surprise that decentralized finance is one of the targets on U.S. regulators’ minds. The process goes beyond the United States: Europe is also moving to tighten up crypto regulations, consistent with other laws controlling value transfer.

Sooner or later, the playbook will be the same everywhere. Most in the community understand that, and would hardly take off unless their businesses were outright banned.

No, there won’t be any private data honeypots

Another very vocal concern is that having to file customer data to the IRS will force the brokers to create databases with clients’ private information, creating a honeypot — a lucrative target for hackers. This idea does not account for the efficacy of the crypto and DeFi communities with secure cryptographic algorithms.

Consider the zero-knowledge proof: A cryptographic concept that zooms in on how to prove to a third party that you know the value of a specific variable without saying anything other than you know it. Zero-knowledge authentication sees users, who hold their authentication data to themselves, sign in without revealing sensitive data to the platform. Implemented for DeFi, this kind of algorithm can generate any necessary forms required and send them to the IRS automatically without the need for the DeFi service to store the data on its own servers. Similarly, suspicious transaction reports can also be generated automatically and sent right to the regulator, with no need to inform other entities.

Related: FATF draft guidance targets DeFi with compliance

Finally, the point about surveillance and privacy also calls for another parallel with the social contract and written rules for other value transfers, especially for disclosing financial services. You can be as anonymous as you want while spending $100 in cash at your local store. To transfer $3,000 to a friend, you will have to share more information about yourself with the bank. And if you want to send $100,000 abroad, the bank or the customs entity will ask you more questions and the money will leave more of a financial trail. So, why should DeFi be any different?

Win by adapting

As we can see, most of the outcry about these possible regulations is not rooted in any real legal or logical reasoning. Yes, more compliance poses a challenge for the crypto ecosystem, as it would take time and money to develop the algorithms and protocols that will make it work. And yes, some people will have to part with some of their income from others’ illicit dealings — not a significant chunk of the crypto ecosystem, anyway.

The truth, as offensive as it may seem for crypto-purists, is that more compliance means more mainstream adoption, and more mainstream adoption means more growth. Blockchain-based financial services and applications do hold the promise of a revolution in finance, bringing real value to billions of users. Basic compliance with the law is hardly too much of a price to pay for that.

The views, thoughts and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.

Bob Reid is the CEO and co-founder of Everest, a fintech company that leverages blockchain technologies for a more secure and inclusive multi-currency account, digital/biometric identity, payment platform and e-money platform. As a licensed and registered financial institution, Everest supplies end-to-end financial solutions, facilitating eKYC/AML, digital identity and regulatory compliance associated with money movement. He was an advisor to Kai Labs, the general manager of licensing at Bittorrent and VP of strategy and business development at Neulion and DivX.

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DeFi cannot be fully regulated, Siam Commercial Bank president says

Dr. Arak Sutivong, CEO of SCB 10X, believes DeFi requires a framework for long-term and sustainable interactions with traditional finance.

Dr. Arak Sutivong, the CEO of SCB 10X and the president of Siam Commercial Bank (SCB), has offered an insight into how one of the largest venture capital funds in Southeast Asia views the future of DeFi when it comes to the contentious question of regulation.

SCB 10X is the venture arm of SCB, Thailand's oldest bank, and mostly focuses on investing in blockchain-based financial services, such as DeFi and digital assets. 

In his opening speech at SCB 10X’s second annual global DeFi virtual summit, REDeFiNE, Dr. Sutivong stressed that by now, DeFi has broken through to the mainstream “by many measures.” In terms of growth, he noted that the sector had seen a ten-fold increase over the past six months, with over $100 billion in total value locked in the DeFi ecosystem this year. By many other metrics – including users, traded volume on exchanges and developed DApps – the sector, he said, has witnessed “tremendous growth.” 

With all this development and excitement, however, Dr. Sutivong emphasized that several issues continue to loom over the nascent industry, observing that "there are some concerning areas such as fraud that we keep hearing in the news. There has been a lot of concern from industry stakeholders and regulators.” Tackling this over the medium- and long-term poses unique challenges, in his view, given that:

“DeFi, by definition, cannot be fully regulated. Instead, there needs to be a framework for how DeFi can be integrated with the rest of the financial ecosystem.”

Dr. Sutivong’s remarks on sustainability and evolving approaches to regulatory compliance follow a series of interventions by global regulators and organizations, ranging from the proactive to the outright hostile.

Related: Bulls are back, but regulatory fears hamper the DeFi and altcoin recovery

In early June, the World Economic Forum published a policy toolkit for DeFi, proposing ways to balance countervailing needs, such as fulfilling aspirations for decentralization and privacy, while mitigating illicit activities like money laundering. More specifically, the toolkit addressed concerns that new regulatory interventions could impose significant costs on DeFi startups, discouraging smaller participants from entering the market.

These concerns have been particularly acute for many DeFi developers unsure how the Financial Action Task Force’s recommendations for regulating virtual asset service providers (VASPs) will affect them. 

In early June, Dan M. Berkovitz – commissioner of the United States Commodity Futures Trading Commission – stated he believed that DeFi derivatives platforms might contravene the country’s Commodity Exchange Act and thus be illegal.

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