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Namibia signs crypto exchange regulation bill into law

The law will officially enter into force at a date determined by Namibia’s Ministry of Finance.

The Namibian Government officially signed a law to regulate Virtual Asset Service Providers operating in the country last week, reversing its original 2017 decision to ban cryptocurrency exchanges.

On July 21, the VASP-regulating law was inserted into the Gazette of the Republic of Namibia after previously being approved in Namibia’s National Assembly on July 6 and signed by President Hage Geingob on July 14.

The bill called the Namibia Virtual Assets Act 2023 aims to assign a regulatory authority to supervise crypto exchanges in the country. It is the first law laying out how the country should regulate cryptocurrency-related activities.

It will enter into force at a date determined by Namibia’s Ministry of Finance.

The bill became law when it was put into the Gazette of the Republic of Namibia. Source: Namibia Government.

Among the top aims of the law is to ensure consumer protection, prevent market abuse and mitigate the risks of money laundering and the financing of terrorism.

Non-compliant providers could reportedly face penalties of up to $671,000 (10 million Namibian dollars) and 10 years in prison. The country's central bank, the Bank of Namibia, maintains its position that cryptocurrencies will not hold legal tender status in the country.

Namibia’s legal U-turn started in May 2018 when the Bank of Namibia revised its original decision to ban cryptocurrency exchanges.

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Earlier this month, South Africa’s financial regulator announced that all cryptocurrency exchanges in the country will be required to obtain licenses by the end of 2023 in order to continue operations.

Other African nations that have passed cryptocurrency laws include Botswana, Kenya, Mauritius and Seychelles. The Central African Republic made Bitcoin (BTC) legal tender in April 2022, however, that legislation was repealed less than 12 months later.

Cameroon, Ethiopia, Lesotho, Liberia, Republic of the Congo, Sierra Leone, Tanzania and Zimbabwe are among the African countries to have enforced a ban on cryptocurrencies according to the International Monetary Fund.

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Crypto travel rule implementation ‘remains relatively poor,’ says FATF

The United Nations body called on all member states to implement the Travel Rule “without delay” to close “loopholes” not currently protected by regulation.

A renewed call from the Financial Action Task Force (FATF) has asked countries to implement the “travel rule” to combat money laundering and terrorism financing activities enabled by cryptocurrencies.

On June 23, the United Nations body — whose role is to promote strategies to combat money laundering and terrorist financing — explained that “many” member states have failed to implement the rule.

The call comes after a series of FATF meetings at its headquarters in Paris.

FATF claimed “more than half” of respondents in a survey said they had taken no action to implement the rule:

“More than half of survey respondents have not taken any steps towards implementing the Travel Rule, a key FATF requirement to prevent funds being transferred to sanctioned individuals or entities.”

FATF urged countries to implement anti-money laundering (AML) and counter-terrorism financing (CTF) measures on crypto-related activities “without delay” in order to prevent “criminals” from exploiting “significant loopholes” not protected by regulation.

A March 2022 survey by FAFT found only 29 of 98 jurisdictions at the time passed the requirements needed as part of the travel rules and a small subset of these jurisdictions had started enforcement.

The FAFT travel rule was implemented to target the anonymity of illegal cryptocurrency transactions. It was introduced in June 2019 and last updated in June 2022. A further update of the rules was agreed to by FATF members at the meetings.

FAFT said it would publish a report on June 27 calling on member countries to implement its recommendations in order to close the loopholes which it says criminals look to exploit.

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The report will make mention of North Korea’s illicit virtual asset activities, where stolen funds are then allegedly funneled into its Weapons of Mass Destruction program, FAFT said.

Illicit activities from other “emerging risks,” such as stablecoins, decentralized finance, nonfungible tokens (NFTs) and peer-to-peer transactions will also be discussed in the report, it added.

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