Autor Cointelegraph By David Attlee

British regulator lists FTX crypto exchange as 'unauthorized' firm

The Financial Conduct Authority (FCA), the chief financial regulator in the United Kingdom, issued a warning to Bahama-based crypto exchange FTX, claiming it operates without authorization. The company joined a growing list of unregistered cryptocurrency-related businesses that continue to outweigh those signed up with the FCA. A warning note, dated Sept. 16, claims that the firm “may be providing financial services or products in the UK without authorization.” Addressing the potential customers, the FCA notes that they won’t be able to get their money back or seek the protection of the Financial Services Compensation Scheme “if things go wrong.” By the end of August, the list of crypto companies registered with the FCA included 37 entities, with the Crypto.com becoming the latest to join it. Other firms that managed to go through the registration process in 2022 to achieve Money Laundering Regulations approval were eToro UK, DRW Global Markets LTD, Zodia Markets (UK) Limited, Uphold Europe Limited, Rubicon Digital UK Limited and Wintermute Trading LTD. Related: UK regulators target Revolut for ‘material misstatement’ in auditNew cryptocurrency-focused regulations were instituted in January 2020 to allow the FCA to supervise businesses operating in the space and enforce AML and counter-terrorism financing regulations. As the spokesperson for the FCA explained to Cointelegraph back in August: “Successful registration depends upon a firm meeting the minimum standards we expect to prevent money laundering and terrorist financing, and we have seen too many financial crime red flags missed by the crypto asset businesses seeking registration.”Although there is no clear understanding of what the immediate repercussions for the unregistered entities might look like, the FCA is surely no vegetarian when it comes to enforcement. On Sept. 13, one of the largest electronic payment providers in the United Kingdom, ePayments, closed its business operations three years later after receiving a respective order from the FCA due to alleged weaknesses in its “financial crime controls.”It isn’t the first time lately that FTX has caught the attention of the regulators. On Aug. 19, the Federal Deposit Insurance Corporation (FDIC) issued cease and desist letter for the company, alleging that it had misled the public about certain cryptocurrency-related products being insured by FDIC.

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White House publishes ‘first-ever’ comprehensive framework for crypto

Following United States President Joe Biden’s executive order on Ensuring Responsible Development of Digital Assets, federal agencies came up with a joint fact sheet on six principal directions for the crypto regulation in the U.S. It sums up the content of nine separate reports, which have been submitted to the President to “articulate a clear framework for responsible digital asset development and pave the way for further action at home and abroad.”The fact sheet was published on the White House official website on Sept. 16, and consists of seven sections: (1) Protecting Consumers, Investors, and Businesses; (2) Promoting Access to Safe, Affordable Financial Services; (3) Fostering Financial Stability; (4) Advancing Responsible Innovation; (5) Reinforcing Our Global Financial Leadership and Competitiveness; (6) Fighting Illicit Finance; (7) Exploring a U.S. Central Bank Digital Currency (CBDC). Some of the sections don’t contain any particularly new information, emphasizing one more time the principles and policies which the President’s Administration has been sticking to. For example, to protect consumers and investors, the reports urge regulators — the Securities and Exchange Commission and Commodity Futures Trading Commission — to “aggressively pursue investigations and enforcement actions against unlawful practices in the digital assets space.” At the same time, they don’t say anything particular about the regulators’ segregation of duty, which still remains one of the main regulatory problems in the country. In order to promote access to financial services, federal agencies recommend creating a federal framework for nonbank payment providers and encouraging the adoption of instant payment systems like FedNow, whose launch is planned by the Federal Reserve in 2023. As a part of advancing responsible innovation efforts, the Office of Science and Technology Policy (OSTP), which has recently published a critical report on the climate impacts of crypto mining, will develop a Digital Assets Research and Development Agenda to help mitigate the negative climate impacts. With the same goal the Department of Energy, the Environmental Protection Agency, and other agencies will consider further tracking digital assets’ environmental impacts. Related: Chamber of Digital Commerce says ‘the time has come for the SEC to approve a Bitcoin ETFWhile the fact sheet claims that the U.S. agencies will “leverage U.S. positions in international organizations to message U.S. values” related to digital assets, it doesn’t specify how exactly these values differ from the swiftly emerging European regulatory approach. The security strategy implicates the amendments to the Bank Secrecy Act, anti-tip-off statutes, and laws against unlicensed money transmitting to apply explicitly to digital asset service providers, including exchanges and nonfungible token platforms. The last, but perhaps the most important section of the fact sheet is dedicated to the U.S. CBDC. It reveals that the administration has already developed Policy Objectives for a U.S. CBDC system, but further research on the possible technological foundation of that system is needed. Still, the intent seems pretty serious as the Treasury will lead an interagency working group with the participation of the Federal Reserve, the National Economic Council, the National Security Council and the OSTP.

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Celsius requests permission to sell off its stablecoins

Celsius Networks, a crypto lending company that had frozen the withdrawals in June and has been proceeding through Chapter 11 bankruptcy since July, asked the United States Bankruptcy Court for the Southern District of New York for permission to sell its stablecoin holdings. This should let the company generate liquidity to help “fund the Debtors’ operations.”A notice was filed by the Celsius’ legal team from Kirkland & Ellis law firm on Sept. 15, a hearing where the court would accept or decline it will take place on Oct. 6. According to the filing, the company currently holds an equivalent amount of $23 million in eleven different stablecoins. If sold, these funds would go to support Celsius’ current operations. Citing section 363 of the Bankruptcy Code, the filing notes: “Section 363 of the Bankruptcy Code is designed to strike a balance between allowing a business to continue its daily operations without excessive court or creditor oversight and protecting secured creditors and others from dissipation of the estate’s assets.”Celsius recently filed a motion, pledging to partially return money to customers. However, it would only apply to Custody and Withold Accounts and for custody assets worth $7,575 or less in value. The move drew the critics from some industry leaders, as the limitation means that only $50 million out of $210 million could be released. Related: Court filings reveal Celsius will run out of money by OctoberThe pressure on Celsius continues to rise as on Aug. 31, an ad hoc group of 64 custodial account holders filed a complaint to recover their assets. The plaintiffs noted that Celsius has “not honored any withdrawals from any programs,” including custody services. According to the complaint, that contradicts the “plain language of the debtors’ terms of use,” as they provide that title to custody assets “always remains with the user.”

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Crypto for foreign trade: What do we know about Iran’s new strategy

With the Trade Ministry officially approving the use of cryptocurrencies for foreign trade, Iran will become the first-of-a-kind adopter in the world. The obvious problem with the news is that the country’s innovative policy obviously aims at circumventing financial sanctions that have been hampering its participation in the global economy for many years. These circumstances set an ambivalent tone for Iran’s experiment — while for some, it could prove crypto’s emancipating ability to shirk the all-too-real hegemony of the United States political will and international financial institutions that enforce it, hardline crypto skeptics could get the proof they need for their prophecies about decentralized digital assets being a weapon of choice for disrupting the fragile global order.Putting aside the ethical debates, it is still curious to know how exactly this strategy will work, what influence it will have on Iran’s trading partners and what challenges it will draw from the hostile enforcement bodies. The road to adoptionThe first public announcement of a trading system allowing local businesses to settle cross-border payments using cryptocurrencies in Iran came in January 2022. At the time, Iran’s Deputy Minister of Industry, Mine and Trade, Alireza Peyman-Pak, spoke of the “new opportunities” for importers and exporters in that kind of system, a product of joint action by the Central Bank of Iran and the Ministry of Trade should provide: “All economic actors can use these cryptocurrencies. The trader takes the ruble, the rupee, the dollar, or the euro, which he can use to obtain cryptocurrencies like Bitcoin, which is a form of credit and can pass it on to the seller or importer. […] Since the cryptocurrency market is done on credit, our economic actors can easily use it and use it widely.”In August, Peyman-Pak revealed that Iran had placed its first import order using crypto. Without any details about the cryptocurrency used or the imported goods involved, the official claimed that the $10 million order represents the first of many international trades to be settled with crypto, with plans to ramp this up throughout September. On Aug. 30, Trade Minister Reza Fatemi Amin confirmed that detailed regulations had been approved, outlining the use of cryptocurrencies for trade. While the full text still couldn’t be attained online, local businesses should be able to import vehicles into Iran and a range of different imported goods using cryptocurrencies instead of the United States dollar or the euro.Recent: Crypto’s correlation with mainstream finance could bring more bleeding soonMeanwhile, the local business community voiced its concerns over the policy’s possible design. The head of Iran’s Importers Group and Representatives of Foreign Companies, Alireza Managhebi, emphasized that stable regulations and infrastructure should be prepared to be able to successfully use cryptocurrencies for imports. He also the possible threat of the new payment leading to the emergence of rent-seeking business groups. How would it work? Speaking to Cointelegraph, Babak Behboudi, co-founder of digital asset trading platform SynchroBit Hybrid Exchange, said that although the official policy was approved only in recent years, the Iranian government and corporations have been using crypto as a payment method for a couple of years now. But, there is a range of reasons why the government decided to acknowledge such practices on a national scale, such as the disappointment of Iranian negotiators in achieving a win-win deal with the West on the nuclear deal, the frustration of the economy and hyperinflation in the domestic market. The emergence of the Chinese digital yuan and the Russia-Ukraine geopolitical conflict also greatly influence such a decision, Behboudi added. There remains the question about the effectiveness of the new strategy. Almost any potential foreign partner will face difficulties in conducting the deals in crypto, as, unlike Iran, most countries do not have a legal framework for using crypto as a corporate payment method or, at worst, directly prohibit it. The pseudonymous nature of Bitcoin (BTC) and other mainstream cryptocurrencies doesn’t leave possible partners too assured of their invisibility from U.S. financial enforcement. This leaves foreign companies with two possible options, Behboudi believes. They could use either the intermediacy of proxy companies in crypto-friendly jurisdictions to convert the crypto to fiat or use the services of companies from third countries that conduct trade with Iran, such as Russia, Turkey, China, the United Arab Emirates and others. Christian Contardo, global trade and national security attorney at law firm Lowenstein Sandler LLP, sees the scope of Iran’s potential partners as rather limited. The ease of crypto transactions can facilitate legitimate trade, particularly in regions where traditional banking may be impractical or unreliable. But, due to the regulatory regimes involved, it is unlikely that large legitimate commercial entities would transact in crypto with Iranian counterparties “unless they were seeking to hide their involvement in the transaction,” he adds. Allies and enforcersUp to this point, reports about circumventing sanctions with crypto in Iran were rather scarce. While Binance didn’t get any allegations after journalists claimed Binance was serving Iranian customers, another major crypto exchange, Kraken, came under the investigation of the U.S. Treasury Department’s Office of Foreign Assets Control in 2019 for the very same reasons. At least one individual is currently alleged of sending more than $10 million in Bitcoin from a U.S.-based crypto exchange to an exchange in a sanctioned country. Recent: Boom and bust: How are Defi protocols handling the bear market?Contardo is sure that enforcers, the United States, in particular, will increase their scrutiny of transactions linked to countries like Iran. And although, in practice, it is next to impossible to track all large transactions, they still have all the tools they need: “Enforcement agencies and even commercial investigative services have multiple sources of information to identify parties involved in a transaction. Once that information is aggregated and the parties identified, the evidence on the ledger makes for a strong enforcement case.”Given recent announcements by Russian officials, who are also actively exploring the potential of using crypto for cross-border payments, the Iranian strategy may initiate the digitalization of a parallel market, which would include sanctioned countries and the nations that are willing to trade with them. Behboudi links this possibility to the further development of central bank digital currencies (CBDCs):“The rise of CBDCs, like digital yuan, ruble, rial and lira, can minimize the risks if these countries can manage their transactions through bilateral and multilateral agreements, allowing the businesses to deal with each other using their CBDCs.”Thus, in a way, Iran’s innovative strategy of adopting crypto as a cross-border method doesn’t change much — unless the use of decentralized currencies as a method of payment for private companies is allowed — this loophole would attract a limited list of nations that haven’t shy away from the trade with Iran earlier. 

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Thai SEC intends to ban crypto lending in the country

The Securities and Exchange Commission (SEC) of Thailand is preparing to take radical measures in the aftermath of crypto lending platforms’ crashes experienced in Summer 2022. Thai SEC plans to prohibit crypto platforms from providing or supporting digital asset depository services. The announcement, published on the official webpage on Sept. 15, reports that the SEC has opened a public hearing on the matter and will be collecting opinions until Oct. 17. In principle, the regulator intends to ban any staking and lending services from the “digital asset business operators” to protect traders and the general public from the “risks of such transaction providers.”The planned ban includes several principal points. It will prohibit operators from taking a deposit of digital assets with a promise to pay returns to depositors —even if the returns come not from the growing value of the assets but the promotion budget. Advertising of lending and depositary services would also be banned. Crypto lending platforms got themselves in serious trouble this summer amid the general market meltdown, such companies as Celsius Network and Voyager Digital have frozen their withdrawals and then filed for bankruptcy. Related: Zipmex requests meetings with Thai regulators to discuss ‘recovery plan’Thailand saw its own example in Zipmex — a crypto exchange that suspended withdrawals in July, citing a “combination of circumstances beyond [its] control.” In September, the SEC accused crypto exchange and its co-founder Akalarp Yimwilai of non-compliance with local laws and referred the matter to the police. The regulator claims that Zipmex had not provided information on digital wallets and crypto transactions in compliance with the country’s Digital Assets Act.The SEC will also implement stringent advertising rules for cryptocurrency firms operating in the country, starting from October. Firms will have to limit advertising directly promoting cryptocurrency to “official channels” like their own websites and will be required to hand over details of adverts and spending, including the use of social media influencers and bloggers and their terms, to the SEC.

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