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India working on 5-point crypto legislation as ban is ruled out

Indian crypto platforms could attain similar status as authorized dealers (similar to banks) under the guidelines of the Indian Central Bank RBI.

India is working on a crypto regulatory framework based on the joint recommendations of the International Monetary Fund (IMF) and the Financial Stability Board (FSB) that could result in legal legislation in the next 5-6 months. Siddharth Sogani, the CEO of CREBACO that has worked with government agencies and ministries, told Cointelegraph that the Indian government is working on a five-point crypto legislature with a global approach.

India recently concluded the G20 summit on a high with several key economic announcements, however, the most notable decision for the crypto community came in the form of IMF-FSB joint recommendations for crypto regulations that India and other G20 nations welcomed.

The IMF-FSB crypto recommendations call for regulating the crypto market rather than a blanket ban approach. The IMF-FSB recommendations are a set of regulatory guidelines/suggestions that the G20 countries can work on to formulate their independent yet collaborative crypto legislative.

Cointelegraph reached out to CREBACO, a blockchain analytic firm that offered consulting services to several G20 committees and nations to get insight into India's crypto approach. Sogani, the CEO of the firm told Cointelegraph that based on their meetings with the government officials, India is currently working on a five-point regulatory approach with a focus on global collaboration on certain aspects such as crypto taxation.

Talking about the five-point framework, Sogani noted that the government is focusing on:

  1. Setting up advanced Know Your Customer (KYC) for crypto companies which covers the Foreign Account Tax Compliance Act (FATCA), and Existing anti-money laundering Standards.
  2. Crypto platforms would be required to release Proof-of-reserve audits on real real-time basis to regulators.
  3. A uniform taxation policy across the nations.
  4. Crypto exchanges could gain the similar status of authorized dealers (similar to banks) under the guidelines of the Reserve Bank of India (RBI).
  5. Key positions may be mandatory such as Money Laundering Reporting Officer (MLRO) for crypto platforms.

Sogani noted that the world has realized that banning crypto is futile and several nations are moving towards a regulatory approach rather than a blanket ban. The likes of the United States and Europe have already got some specific crypto regulations in place while India took the taxation route. He added: 

“Regulations are inevitable, this ecosystem has grown substantially strong without regulations. Just imagine how well would it grow with proper regulations in place. Also, regulated markets reduce the risks of scams and illicit activities.” 

India has called for a global approach to crypto regulations for a while, with Prime Minister Narendra Modi reiterating the same during the recently concluded G20 summit. One of the executives at the Finance Ministry confirmed that they have taken the IMF-FSB crypto recommendations and will focus on formulating regulations around it in the coming months.

Related: India G20 confirms ‘active discussions’ around global crypto framework

The Finance Ministry executive said that IMF-FSB recommendations offer a good “framework to decide our own way forward. The foundation is ready, beyond that how much we want to go it is for us to decide in the coming months and then take a call."

The official also cleared that banning cryptocurrencies is no longer an option and noted that “If you want to ban it (cryptocurrency), go ahead and ban it. But if the rest of the countries are not banning it, it will be extremely difficult for one country to ban it.”

India currently doesn’t have any specific crypto regulations in place, though the country imposed a 30% tax on crypto gains in 2022. However, the joint crypto recommendations and the Finance Ministry’s assurance that a crypto framework could materialize into a formidable legislation in the coming few months is an optimistic sign for the crypto industry in the country.

Magazine: Crypto City guide to Sydney: More than just a ‘token’ bridge

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India expands national payment network to Singapore: What’s in it for crypto?

One of the banking partners in the cross-border remittance service is also part of the government’s CBDC program.

India’s national payment network, the unified payments interface (UPI), is expanding its services beyond Indian borders, integrating with Singapore’s PayNow rapid payment system. Shaktikanta Das, governor of the Reserve Bank of India, and Ravi Menon, managing director of the Monetary Authority of Singapore, launched the facility through token transactions using the UPI-PayNow linkage.

The UPI-PayNow integration will allow users of the two nations to send money across borders quickly. It is possible to send or receive money from India using only a UPI-id, cellphone number or virtual payment address for money held in bank accounts or e-wallets. UPI’s instant real-time payment system helps to transfer cash immediately via a mobile interface between the two bank accounts.

Initially, the State Bank of India, Indian Overseas Bank, Indian Bank and ICICI Bank will facilitate outgoing remittances. Axis Bank and DBS Bank India will facilitate incoming remittances. DBS Bank and Liquid Group will provide the service to users in Singapore.

Related: The regulatory implications of India’s crypto transactions tax

ICICI Bank, a private sector bank in India is also part of the country's central bank digital currency program. India launched its CBDC pilot in two phases, one in November for the wholesale market and another in December for retail users. Since the trial's beginning on December 1st, 2022, the digital rupee pilot project has logged 770,000 transactions involving eight banks. Five cities are already participating in the experiment, with nine more cities possibly joining the trial soon.

Sathvik Vishwanath, CEO of Indian crypto exchange Unocoin, told Cointelegraph:

"This is a great value addition for India’s payment rails given that there is close to 30% population in Singapore are ex-pats and they send money to India once a month or a quarter. This integration eliminates friction reducing the processing time and costs.”

India’s digital payment infrastructure has scaled dramatically over the past few years and was popularised with the advent of Covid-19. While the government is sceptical about the larger crypto market, imposing a 30% tax on crypto gains, which subsequently forced major players to move out of the country. However, the government is keen on using blockchain tech for its CBDC program and the existing infrastructure could help in scaling its digital CBDC pilot as well.

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WazirX releases proof of reserves with majority of funds in Binance wallets

The cryptocurrency exchange released its proof of reserves and proclaimed it to be India’s largest exchange both in volume and reserve funds.

After the paranoia and turmoil in the crypto industry caused by the FTX liquidity and bankruptcy scandal, major digital-asset service providers began publicizing their reserve funds. 

The latest to join the proof of reserve trend is the Indian cryptocurrency exchange WazirX. It announced its act of transparency on Jan. 11, stating that: 

“We are not only India’s largest crypto exchange by volume but also India’s largest crypto exchange by reserves.”

WazirX used Coin Gabbar, a third-party crypto asset tracking platform, to display its proof of reserves. According to the data, WazirX has roughly $285 million in total user assets held in Tether (USDT) at the time of writing. 

According to the statement, 90% of user assets on WazirX are held in Binance-based wallets, with the remaining 10% stored in both hot and cold storage wallets. This amounts to roughly $256.5 million and $28.5 million, respectively.

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The exchange said it chose Binance because of the “strict protocols and industry-leading technical measures” it uses to safeguard user funds on its platform. It also ensured users of a more than 1:1 ratio to protect user funds in case of liquidation.

Currently, over 19% of the exchange’s holdings are in Shiba Inu (SHIB), followed by 9.37% in Ether (ETH), 8.28% in Bitcoin (BTC) and 8.18% in DogeCoin (DOGE).

Related: Indian exchange WazirX follows Binance in delisting USDC

Despite being India’s largest exchange, WazirX was previously in hot water with local authorities due to money laundering charges. Funds on the exchange were frozen for just over one month during the investigation.

During this time, Binance publicly distanced itself from the exchange via a tweet from CEO Changpeng Zhao, who said Binance has no ownership of the exchange.

Additionally, Binance sided with local authorities during the investigation period by removing off-chain fund transfers with WazirX.

Binance was the first exchange to announce its proof of reserve scheme post-FTX turmoil, which then caused a domino of other exchanges to do the same. 

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Indian authorities unfreeze millions in locked WazirX bank accounts

The Indian crypto exchange was under investigation by local authorities for money laundering allegations which caused a freeze on over $8.1 million in bank account funds.

The Enforcement Directorate of India (ED) unfroze the bank accounts of the Indian crypto exchange WazirX, according to a statement from the exchange released on Sept. 12.

WazirX says it has been cooperating with local authorities during their anti-money laundering (AML) investigation by providing all of the necessary documents and details requested. The investigation targeted 16 fintech companies and instant loan apps, some of which solicited services from the exchange.

The exchange, however, said it has a no-tolerance stance towards any illegal activities on the platform. Additionally, it said that most of the targeted users in the ED investigation had already been flagged as suspicious by WazirX and blocked in 2020-2021.

WazirX told Cointelegraph the case is still under investigation but funds have been unfrozen due to no suspicious activity found, with “no further comment as of now.”

Funds in WazirX bank accounts had been frozen since Aug. 5, when the ED initially announced the investigation. The locked funds amounted to over $8.1 million in total.

The ED’s accusations against WazirX claimed it had processed $130 million in transfers of funds to wallets under investigation for illegal activities. In light of the accusations, Binance, which once tried to acquire the company in 2019, distanced itself from the exchange via a public statement from CZ on Twitter.

Related: Binance sides with Indian regulators in WazirX fallout to cease support for off-chain transfers

Prior to the recent activity, the exchange was under ED investigation in 2021 for money laundering charges related to illegal online gambling proceeds tied to Chinese entities.

This time around, the crackdown on crypto exchanges in the country did not stop with WazirX. On Aug. 12, the ED froze a total of $46.4 million in Yellow Tune’s bank balances and balances from crypto exchange Flipvolt. The allegations were also money laundering related, and the company was accused of being a shell for Chinese entities.

Authorities said the funds would remain unavailable until the exchange can account for the criminal proceeds that it transferred out of the country.

These investigations began to pile up after the Indian government announced crushing new crypto tax regulations, which came into effect earlier this year.

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Bollywood A-lister-backed GARI token plunge sparks rug pull rumors

GARI token was launched by Salman Khan, an A-list celebrity from Bollywood, with an aim to help Indian creators monetize their content over a short video application Chingari.

The domino effect of the 2022 bear market, which saw the downfall of numerous crypto ecosystems and tokens over several months, caught up to GARI token as it tanked over 83% in value in a matter of hours on June 4. While GARI Network brushed off the development as a “market event,” investors suspect a rug pull event. 

GARI token was launched by Salman Khan, an A-list celebrity from Bollywood, with an aim to help Indian creators monetize their content over a short video application Chingari and its nonfungible token (NFT) marketplace. Data from Cointelegraph Markets Pro and Trading View show that GARI maintained a fairly steady value, averaging out to roughly $0.6 over the past six months amid a shaky market.

GARI’s bearish movement began on June 20, however, its long-standing support gave away on June 4 when the token crashed 83.29% to its all-time lowest trading value of $0.13. Soon after, investors started comparing the situation to the Terra (LUNA) and TerraUSD (UST) collapse, with one of the members calling the actor “Salman Kwon.”

Taking control of the situation, GARI Network conducted an internal evaluation and found no evident hacks that could topple the token’s prices, stating:

“So far this looks like a market event. We assure our community that ALL tokens are safe in the respective reserves.”

The team also revealed being in talks with Indian crypto exchanges to further assess the situation. Additionally, GARI network also planned to host an AMA session to clarify doubts and improve investor sentiment. However, the spectators were welcomed by a 404 error when they tried to join the session.

While previously speaking to Cointelegraph, Chingari's spokesperson said that the GARI tokens are used to “connect and transact with their counterparties, place governance votes, and catalyze platform engagement and user base growth." Considering that not even the backing of an A-list celebrity from Bollywood could save GARI token from the wrath of the bear market, investors are advised to make informed investments upon due diligence, in other words, do your own research (DYOR).

GARI Network has not yet responded to Cointelegraph's request for comment.

Related: Indian crypto trading volumes slump following hefty taxes

Soon after India enforced its new crypto tax law, which requires investors to pay a 1% tax deduction at source (TDS) on every transaction, crypto exchanges reported a massive slump in trading volumes.

CoinDCX, India’s first crypto unicorn reported a 90.9% decline in daily trading volumes while crypto exchange BitBNS witnessed a 37.4% drop.

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India cooperates with IMF on crypto consultation paper

The document, which could define a national framework for digital assets, is almost ready.

The Department of Economic Affairs of India is finalizing a consultation paper on crypto currencies, which then will be handed over to the federal government. The implementation of the document could bring the country of 14 billion people closer to the international regulatory consensus on digital assets. 

On Monday, May 30, during an event hosted by the Ministry of Labour and Employment, Economic Affairs Secretary Ajay Seth revealed that his department is finishing the work on the consultation paper, which would define the nation’s stance on crypto.

The document was crafted in cooperation with industry stakeholders, the International Monetary Fund (IMF) and the World Bank. Seth specified that the paper would strengthen India’s commitment to “some sort of global regulations”:

“Digital assets, whatever way we want to deal with those assets, there has to be a broad framework on which all economies have to be together.”

Answering the question about the possible outright ban, the official acknowledged that any national-level prohibition wouldn’t work in isolation:

“Whatever we do, even if we go to the extreme form, the countries that have chosen to prohibit, they can't succeed unless there is a global consensus.”

Related: Indian government's ‘blockchain not crypto’ stance highlights lack of understanding

In recent years India has been demonstrating a rather militant posture when it comes to crypto. In 2017 the Reserve Bank of India (RBI) and the Ministry of Finance compared the digital currencies to Ponzi schemes and prohibited any operations with them for commercial banks and lenders.

In 2022, long after the ban had been formally lifted, the RBI warned about the threat of “dollarization” that crypto poses, while in his recent virtual speech at the World Economic Forum in Davos, the prime minister Narendra Modi called cryptocurrency a global challenge that demands a “collective and synchronized action” from all of the national and international bodies.

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India to roll out CBDC using a graded approach: RBI Annual Report

Halfway through 2022, at the proof of concept stage, RBI is in the process of verifying the feasibility and functionality of launching a CBDC.

Further cementing India’s decision to introduce an in-house central bank digital currency (CBDC) in 2022-23, the Reserve Bank of India (RBI) proposed a three-step graded approach for rolling out CBDC “with little or no disruption” to the traditional financial system.

In February, while discussing the budget for 2022, Indian finance minister Nirmala Sitharaman spoke about the launch of a digital rupee to provide a “big boost” to the digital economy. In the annual report released Friday by India’s central bank, RBI revealed exploring the pros and cons of introducing a CBDC.

In the report, RBI stressed the need for India’s CBDC to conform to India’s objectives related to “monetary policy, financial stability and efficient operations of currency and payment systems.”

Based on this need, RBI is currently examining the various design elements of a CBDC that can co-exist within the existing fiat system without causing disruptions. The Indian Finance Bill 2022, which enforced the introduction of a 30% crypto tax on unrealized gains, also provides a legal framework for the launch of a digital rupee:

“The Reserve Bank proposes to adopt a graded approach to introduction of CBDC, going step by step through stages of Proof of Concept, pilots and the launch.”

Halfway through 2022, at the proof of concept stage, RBI is in the process of verifying the feasibility and functionality of launching a CBDC.

Related: RBI warns of crypto ‘dollarization’ of Indian economy

Earlier this month, on May 17, RBI officials reportedly warned against crypto adoption citing the risks of “dollarization” of the Indian economy.

As Cointelegraph reported based on the Economic Times’ findings, key RBI officials including governor Shaktikanta Das raised concerns regarding the U.S. dollar-dominated world of cryptocurrencies. An unnamed official stated:

“Almost all cryptocurrencies are dollar-denominated and issued by foreign private entities, it may eventually lead to dollarization of a part of our economy which will be against the country’s sovereign interest.”

“It [crypto] will seriously undermine the RBI’s capacity to determine monetary policy and regulate the monetary system of the country,” they added.

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Indian central bank’s ‘informal pressure’ disrupted payments: Coinbase CEO

"I guess we have a concern that [the Reserve Bank of India] may be actually in violation of the Supreme Court ruling," said Coinbase CEO Brian Armstrong.

Just three days after debuting in the Indian market, United States-based crypto exchange Coinbase abruptly stopped using United Payments Interface (UPI), the most popular payment service in the region. Coinbase CEO Brian Armstrong later revealed that the service disruption was due to an “informal pressure” from India’s central bank.

During Coinbase’s 2022 Quarterly Earnings call, Armstrong spoke about the company’s global expansion plans while acknowledging Coinbase’s role in starting the conversation with regulators related to crypto adoption. When asked about the impact of the recent disruption related to offering payment services in India, Armstrong stated:

“So a few days after launching, we ended up disabling UPI because of some informal pressure from the Reserve Bank of India (RBI), which is kind of the Treasury equivalent there.”

While highlighting the Supreme Court’s ruling from March 2020, which forbids RBI from banning banks to deal with crypto business, Armstrong warned about certain government entities — including the RBI — “who don't seem to be as positive on it.”

The CEO revealed Coinbase’s aggressive strategy for international expansion that involves launching services in new jurisdictions and work with the regulators based on their reactions to Coinbase’s presence in the region. Highlighting India’s attempt to impose a shadow-ban on crypto businesses, Armstrong added:

“Basically they're applying soft pressure behind the scenes to try to disable some of these payments which might be going through UPI. I guess we have a concern that they may be actually in violation of the Supreme Court ruling.”

Despite the evident regulatory hurdles, Coinbase prepares for a relaunch in the region by introducing other modes of payment as it tries to cater to the high demand of crypto investors. Armstrong concluded:

“In most places in the free world and in democracies, crypto is going to eventually be regulated and legal. And the way that we push the conversation forward is by taking action.”

On April 1, India introduced its first set of crypto laws that requires crypto investors to pay 30% tax on unrealized crypto gains. The move, however, negatively impacted the crypto ecosystem as trading volumes plummeted and in-house businesses shifted away into friendlier jurisdictions.

Related: Binance to drive crypto and blockchain awareness among Indian investors

Eyeing on the same pool of untapped market, crypto exchange Binance launched three key educational initiatives to fast-track educating Indian investors and students about the cryptocurrency and blockchain ecosystem.

Along with the announcement, Binance highlighted that the lack of education among Indian regulators and policymakers currently hinders the widespread adoption of crypto.

Bitcoin completes its fourth halving, block rewards now stand at 3.125 BTC

Indian IT Ministry directs crypto exchanges to store user data for 5 years

The new directives for VPN service providers and crypto exchanges would require them to collect critical private information as well as the ownership patterns of customers.

The Indian Computer Emergency Response Team (CERT-in), which falls under the Ministry of Electronics and Information Technology, issued a new directive on Thursday, forcing crypto exchanges, virtual private network (VPN) providers and data centers to store a wide range of user data for up to five years.

Under the newly issued directive, crypto exchanges operating in India will be required to store customers’ names, ownership patterns, contact information and various other data.

Crypto exchanges and VPN services providers are also required to report any cyber incident within six hours of its occurrence and must hand over the collected data to the authorities upon order. The official directive read:

“When required by order/direction of CERT-In, for the purposes of cyber incident response, protective and preventive actions related to cyber incidents, the service provider/intermediary/data center/body corporate is mandated to take action or provide information or any such assistance to CERT-In.”

The new directives will come into force on June 22, which may force many VPN service providers and privacy-focused crypto platforms that don’t collect or store critical user data to shut their operations.

Related: Brain drain: India’s crypto tax forces budding crypto projects to move

CERT-in claims the new directives are intended to help them take action against cyber crimes within six hours, however, the range of data they are asking platforms to store and hand over has raised eyebrows owing to privacy concerns among users. One user wrote:

"Our government wants to control the private life of the people and our constitution does not allow this, but to be honest no one in India is much conscious about personal data."

However, some crypto exchange owners welcomed the step, saying it will help prosecute tax evaders. Unocoin CEO Sathvik Vishwanath told Cointelegraph:

“This is a good move and helping crypto players to have clarity about the data that they would be storing. The data would help prosecute tax evaders and any crimes happening using crypto.”

At this point, it is not clear whether the new rules would be applicable to crypto exchanges' operating in India only or to foreign exchanges offering their services to Indians as well. However, looking at the earlier crypto directives, it could well be applicable to all the platforms.

The new data collection directives come at a time when the regressive crypto tax policy in the country has already led to a steep decline in trading volume and user activity on Indian crypto exchanges.

Bitcoin completes its fourth halving, block rewards now stand at 3.125 BTC

Binance to drive crypto and blockchain awareness among Indian investors

Binance also highlighted that Indian regulators and policymakers cite the lack of education as an area of concern, hindering crypto’s widespread adoption in the region.

Crypto exchange Binance announced the parallel launch of three key educational initiatives to fast-track educating Indian investors and students about the cryptocurrency and blockchain ecosystem.

While recognizing the importance of investors’ awareness of crypto and blockchain, Binance highlighted that Indian regulators and policymakers cite the lack of education as an area of concern, which currently hinders the widespread adoption of crypto.

Primarily targeting the student demographic in India, one of the three educational initiatives launched by Binance involves the initiation of the ‘Blockchain for Good’ Ideathon, a platform for college students to come up with solutions for making crypto more accessible and inclusive.

Binance also partnered with India-based crypto influencers and educators, including Neha Nagar, Aditya Saini and Kashif Raza, to host a free webinar named Crypto for All on May 1. According to the official announcement, the crypto influencers will focus on teaching the basic concepts of blockchain and crypto while demystifying myths related to crypto trading:

“Along with providing certificates issued over blockchain by Binance NFT to all attendees, select winners will receive grand giveaways in Bitcoin and Binance Coin (BNB).”

Speaking to Cointelegraph about the Indian landscape, the founder of Bitinning, Kashif Raza, revealed that “The major roadblock in the current crypto education system is that there are not enough platforms providing education in a simplified manner.” He also pointed out the need for introducing educational information in various languages to cater to the vastly diverse Indian population.

Binance’s third initiative is the newly launched Learn and Earn program that allows users to earn crypto while learning about the crypto and blockchain ecosystem. Being a long-standing crypto educator in India, Raza highlighted Binance Academy’s role in keeping up-to-date with the latest educational information.

Underscoring the untapped opportunity in educating the young crowd of India, Leon Foong, Head of APAC at Binance, stated:

“We hope to create the right incentives for users to do more thorough research and make better-informe investment decisions.”

The crypto exchange has also partnered with one of India’s top tier universities, the Indian Institute of Technology Delhi (IIT - D), as a title sponsor for its cultural fest Rendezvous to showcase use cases, including NFT tickets and certificates, fan tokens and Proof of Attendance Protocol (POAP).

On an end note, Raza recommended fellow Indians to educate themselves about the crypto ecosystem before making investments:

“Learn first and then think of earning. Web3 > crypto and one should understand the underlying tech and also try to build a career in it.”

Related: Coinbase to invest in Indian crypto and Web3 amid tax regulation clarity

While counter-productive on some levels, India's decision to levy heavy taxes on crypto investors has brought over certain clarity around the government’s stance on the budding ecosystem.

In early April, Coinbase Ventures, an investment arm of American crypto exchange Coinbase, conducted an in-person pitching event in Bangalore, India, with plans to plan to invest $1 million in various Indian cryptocurrency and Web3 initiatives.

In partnership with Buidlers Tribe, Coinbase CEO Brian Armstrong revealed that the venture firm intends to tap into India’s software talent and help accelerate India’s economic and financial inclusion goals. Speaking to Cointelegraph about the impact of the new tax law in attracting foreign investments, Buidlers Tribe co-founder Pareen Lathia stated:

“Tax law is just one positive step. This is a paradigm shift, and regulations will catch up.”

Bitcoin completes its fourth halving, block rewards now stand at 3.125 BTC