Autor Cointelegraph By David Attlee

Law Decoded, Aug. 29–Sep. 5: Celsius is ready to give money back, but not much

United States-based crypto lending platform Celsius, which collapsed and stopped the withdrawal option amid the market meltdown in June, pledged its readiness to partially return money to customers. However, there’s a catch — as the company has filed a motion with the United States Bankruptcy Court, its pledge would only apply to Custody and Withold Accounts and for custody assets worth $7,575 or less in value.The community response to the motion has been mixed, with some creditors happy to get back at least some of the frozen funds, while some industry leaders criticized the platform’s management. BnkToTheFuture.com CEO Simon Dixon drew attention to the fact that the possible release of $50 million wouldn’t be that impressive, given the $210 million in assets Celsius still has in custody. According to the company’s filing, though, the motion is merely a “first step forward, and not the last word on, efforts to return assets to customers.”The benevolence of this step could also be questioned in the light of a complaint, filed with the United States Bankruptcy Court for the Southern District of New York a day earlier by an ad hoc group of 64 custodial account holders. The creditors seek to recover more than $22.5 million worth of cryptocurrency assets collectively held in Celsius’ custody service and noted that Celsius’s previous refusal to honor any withdrawals contradicts the “plain language of the debtors’ terms of use.” The company has a $1.2 billion gap in its balance sheet, with most liabilities owed to its users. Celsius filed for Chapter 11 bankruptcy protection in mid-July.California makes a massive step in its licensing guidelinesLawmakers in the California State Assembly passed the Digital Financial Assets Law, which will require digital asset exchanges and crypto companies to have an operating license given by the state of California’s Department of Financial Protection and Innovation. Once the bill gets the signature of Governor Gavin Newsom, it will come into effect on and after Jan. 1, 2025, and effectively ban any operations outside of said license. Regulators in California have been actively keeping tabs on the crypto space. In May, Newsom signed an executive order to align the federal and state regulatory frameworks for blockchain.Continue readingPresident of Paraguay vetoes crypto regulation lawParaguay’s president, Mario Abdo Benítez, vetoed a bill that sought to recognize cryptocurrency mining as an industrial activity. He reasoned that mining’s high electricity consumption could hinder the expansion of a sustainable national industry. The law aimed to promote crypto mining through the use of surplus electricity, and the Paraguayan Senate ultimately approved the proposal on July 14, recognizing crypto mining as an industrial activity. However, as the presidential decree states, given the sharp rise of industrial investments in the country in recent years, the national industry could require the total amount of energy currently produced and available in the country.Continue readingArgentine province now accepting crypto for taxes and feesIn another shift toward widespread crypto adoption, in Argentina, citizens from the Mendoza Province can now pay government fees and taxes using cryptocurrencies. The Mendoza Tax Administration introduced the new crypto payment service as fulfilling “the strategic objective of modernization and innovation,” giving “taxpayers different means to comply with their tax obligations.” The service officially began operation on Aug. 24, but at this stage, it will only accept stablecoins such as Tether (USDT) for tax payments.Continue reading

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Armenia aims to position itself as a Bitcoin mining hub

At the end of August, a digital platform called ECOS Free Economic Zone delivered good news from a country that rarely sparks on the global crypto map — Armenia. ECOS reported adding 60 megawatts (MW) of capacity to its power plant-based facility, operating since 2018. Situated at one of the hydroelectric plants on the Hrazdan river, the mining facility gets its electricity supply directly from the high-voltage grid and uses the site’s infrastructure to power containers. The platform’s representatives noted that ECOS could expand to an additional 200MW of clean electricity. For comparison, the Berlin Geothermal plant in El Salvador gives away 1.5MW of the 102MW it produces to crypto miners, while the Greenidge Generation near the shore of Seneca Lake in the State of New York should have produced about 44MW. Given the controversial developments with crypto mining regulation in the Commonwealth of Independent States (CIS) region — countries of the former Soviet Union — perhaps it is high time to assess the industrial potential of this post-Soviet republic, towering 1,850 meters above sea level. Modest publicityThe most certain fact about Armenia regarding crypto is that we don’t get much information from the country. In 2018, the Armenian Blockchain Association joined its counterparts from Switzerland, Kazakhstan, Russia, China and South Korea in filing a joint lawsuit against tech goliaths such as Google, Twitter and Facebook for banning crypto-related advertising. The lawsuit’s further destiny is unclear, though the restrictions on crypto ads have been uplifted at least to some extent in recent years. The same year, Prime Minister Nikol Pashinyan and other top officials reportedly attended the opening ceremony of a new mining farm touting itself as one of the world’s largest. By local media estimates, around $50 million had been invested in the creation of the farm with 3,000 Bitcoin (BTC) and Ether (ETH) mining machines and a planned capacity of 120,000 in the future. The farm is a joint venture by major Armenian conglomerate Multi Group, founded by businessman and politician Gagik Tsarukyan and controversial international mining firm Omnia Tech. No updates about the work of the farm have hit the media radar since the very opening press releases. Perhaps the most important and publicly visible development from the country of three million was the failure of efforts to form a shared stance regarding cryptocurrency regulations by the Eurasian Economic Union (EAEU). In 2021, a high official from EAEU revealed that member states did not support a recent initiative for a uniform cryptocurrency regulatory framework within the union. While no insights on what exact members sabotaged a project are available, the failure itself will have a long-lasting impact on the whole region, as the EAEU includes not only Armenia and Belarus but also such mining heavyweights as Russia and Kazakhstan. Large ambitionsWhile there are no traces of the existing legislative framework on crypto in the country (and no prohibition as well), Armenia stepped on its regulatory path back in 2017 by forming a committee on blockchain technologies. In 2018, the local Ministry of Finance launched a working group called JAF Crypto Market Intelligence Unit (JAF CMIU), whose task was to study possible regulatory scenarios. That same year, a special Free Economic Zone (ECOS) was established by the government decree to help attract and develop blockchain and crypto startups. The potential residents of the 2.2-hectares ECOS are granted the financial benefits of zero value-added tax (VAT), the absence of import and export duties and no tax burden on property and real estate. As the official page goes, the ECOS also offers multifunctional workspaces, a research and development center, acceleration programs and the infrastructure comprised of a power plant, data center and mining farm with Bitmain equipment. The only tax to which the zone residents are subject is a monthly payment of income tax for employees. The mining capacities of the free economic zone are secured by the electricity from the Hrazdan Thermal Power Plant, situated in a mountainous region of Armenia with a low average annual temperature, making it advantageous for cutting cooling costs. Recent: Crypto volatility may soon recede despite high correlation with TradFiSpeaking to Cointelegraph, ECOS marketing manager Anna Komashko cites the latter fact as a serious advantage, nodding to the recent problems for miners in Texas after a scorching heatwave in the Southern state. As she specifies, currently 60% of the Armenian facility’s 260,000 users are from the United States and Europe. A mountain of mining?Armenia posseses at least two large mining facilities, one of them marketing itself as state-of-the-art. The country’s government also seems moderately friendly toward crypto, albeit without any concrete legislation being considered. But is this enough to consider the nation particularly attractive for investments?Perhaps such broad factors as the country’s ascendance in transparent governance ratings, the large intake of IT specialists who’ve left Russia, and the natural leaning to attract the high-tech and service businesses in the absence of significant hard industry could also work in Armenia’s favor. But, with crypto mining, the decisive importance still lies in the realm of the material, i.e., the overall energy profile of the country. Data from a 2021 study by the DEKIS Research group at the University of Avila ranks Armenia 56th in the global crypto mining potential ranking. The position itself isn’t too low — for example, with all its gargantuan ambitions, El Salvador occupies only line number 73. Kazakhstan, which for a short period became the prime spot for Chinese miners, sits at 66th, and Iran ranks 115th. But more interestingly, by its potential, Armenia outranks neighboring Georgia (83th), which has established itself as a mining hub and by 2018 ranked second around the globe in Bitcoin (BTC) mining profitability.However, one might question the DEKIS report itself as, according to its data, both mountainous countries possess near to zero amount of renewable energy (0% in the case of Georgia, 0.1% in Armenia, to be precise). Speaking to Cointelegraph, Arcane Research analyst Jaran Mellerud recited remarkably different figures: “In Georgia, 75% of the electricity is generated by hydropower, while this number is only 31% in Armenia.” These numbers, Mellerud believes, make a difference for potential miners who naturally seek cheaper energy. While hydropower has almost zero marginal production cost, natural gas and nuclear power — which still form a total majority of power supply in Armenia — are way less convenient for collateral use. After all, Mellerud can’t consider the country as an especially attractive direction for foreign mining due to local prices: “The problem is high electricity prices, especially now when natural gas prices are going through the roof, and a significant share of Armenia’s electricity is generated by natural gas. I was in Georgia this summer, and even there, miners are leaving the country.”By 2021, the price per kilowatt hour (KWh) of energy in Armenia amounted to $0.077, which was relatively lower than in developed markets (take an example $0.372 in Germany or even $0.15 in the United States), but still higher than in Kazakhstan ($0.041), Uzbekistan ($0.028) or Iran ($0.005). With the inflation of global energy prices, the numbers may change significantly, but it hardly would lead to significantly different outcomes. Recent: Blockchain firms fund university research hubs to advance growthAccording to the country’s profile from International Energy Agency (IEA), Armenia is heavily dependent on Russia in terms of its consumption, importing around 85% of its gas and all of its nuclear fuel from there. All in all, it relies on fuel imports from one country to produce nearly 70% of its electricity, “raising concerns about the diversity of supply.” As a report from OCCRP suggests, even the rising amount of small hydroelectric plants provided only 9% of consumed energy by 2013, with environmental scientists raising concerns about these plants endangering local rivers’ water balance.

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South Korea expands its efforts to regulate Metaverse

South Korea continues its immersion in Web3 and the Metaverse. After investing almost $200 million in the creation of its own metaverse ecosystem and publishing the “Metaverse Ethical Principles,” the country’s government is now preparing a “Metaverse Industry Promotion Law.”As reported by local media on Sep. 1, Heo Eun-ah, a member of the National Assembly with an entrepreneurial past, proposed the enactment of the Metaverse Industry Promotion Act to support the Web3 industry. A number of other National Assembly members supported the Eun-ah proposal. According to the bill, the Metaverse Policy Review Committee, subordinate directly to the Prime Minister, would deliberate on the policies promoting the Metaverse development in the country, while the Minister of Science and Information and Communication Technologies should be defining a final plan every three years. The bill also implicates the incentives for the companies that would switch their operations to Metaverse while satisfying the excellence criteria such as protecting the personal users’ data. According to the Ministry of Science and Information and Communication Technologies data, the government budget for major projects related to Metaverse will reach 195.4 billion won (around $140 million) in 2023. In February, the Ministry reported that 223.7 billion won ($186.7 million) would be allocated to the virtual world platform under Expanded Virtual World. Related: Crypto winter? DeFi, Metaverse and NFT job market still hot — RecruitersThe reports about the South Korean government’s rising interest in the Metaverse have started to pop out since the beginning of 2022, when two major retailers launched metaverse and artificial intelligence integration for their platforms to enhance customer experience.On Aug. 26, the draft of the Expanded Virtual World Ethics Principles was published by a joint group of South Korean government and private stakeholders. The document focuses on such issues as personal data and copyright protections. Meanwhile, the South Korean central bank intends to lift the initial coin offerings (ICOs) ban that have been enacted back in 2017, under the Digital Assets Framework Act which should come into effect in 2023.

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Indonesia plans to set up its crypto bourse by the end of 2022

The government of Indonesia returned to its plan to set up a digital assets exchange, publicly announced first time back in 2021. A so-called “crypto bourse” is planned to be established by the end of 2022. According to DealStreetAsia, Indonesia’s deputy trade minister Jerry Sambuaga confirmed during the NXC International Summit 2022 in Bali that the country is still planning on the crypto bourse’ launch, while the whole project has been delayed due to additional preparations: “We will make sure that every requirement, procedure and the necessary steps have been taken.”Sambuaga also described some inevitable preparatory tasks ahead of the launch, such as an assessment of entities that “could be included in the bourse” and setting the minimum requirements for them. CEO of Tokokrypto, one of the 25 licensed crypto exchanges in Indonesia with a large share owned by Binance, Pang Hue Kai, called a bourse project a catalyst for the Indonesia crypto ecosystem. The first announcement of the national crypto bourse in Indonesia appeared in December 2021. At that time, a joint venture was said to be launched by the venture-capital arm of state-owned telecom company PT Telkom Indonesia and one of the world’s largest crypto exchanges, Binance. Related: Mastercard partners with crypto gateway to drive financial inclusion in IndonesiaIn a bid to diversify its assets, Indonesian tech company PT GoTo Gojek Tokopedia Tbk bought a local crypto exchange, PT Kripto Maksima Koin, for 124.84 billion rupiahs ($8.38 million). According to data from Indonesia’s Commodity Futures Trading Regulatory Agency in 2021, the total transaction volume of the crypto assets in Indonesia rose more than 1,000% compared to 2020, to 859.4 trillion rupiahs ($57.7 billion). Roughly 4% of the country’s population, which is a little under 11 million people, have been investing in crypto.

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Singapore court rules in favor of Bithumb founder in acquisition case

The court drama behind the acquisition of South Korean crypto exchange Bithumb has been going on for several years, but in an unexpected development, a Singapore court has made a ruling against Kim Byung-gun, who has originally accused the owner of Bithumb, Lee Jung-hoon, in defrauding him. According to the South Korean publication Aju Daily, on Aug. 26, after three years of proceedings, a court in Singapore found Kim guilty of selling BXA coins without the permission of his partner Lee and ordered him to return the proceeds gained from the sale of coins to Singapore-based consortium BTHMB. The decision of this civil case might affect the trial court, that has been held in South Korea. In that case, Kim accused Lee of defrauding him in the process of a jointly planned acquisition of Bithumb. Related: South Korean authorities raid 15 entities linked to Terra collapse: ReportAs his narrative goes, in October 2018, Lee Jung-hoon discussed the purchase and joint management of the Korean exchange with the chairman of BK Group and the founder of a line of cosmetic surgery clinics, Kim Byung-gun. Partners registered the BTHMB consortium to buy out a 50% stake in Bithumb Holdings — Lee reportedly received $100 million upfront as a “contract fee” from Kim, another part of the funds, demanded to close the acquisition, should have come from the sale of BXA coins issued by BTHMB. Yet the token was never listed and the consortium didn’t take over Bithumb as it failed to pay the balance. Kim filed a complaint against Lee in a Korean court in 2020. But even beforehand, in 2019, Lee accused his ex-partner of selling BXA tokens on his behalf in Singaporean court.Meanwhile, Bithumb casually continues its operation — in January 2022, it confirmed the development of a nonfungible token exchange that would help it stay competitive with Korbit and Upbit, two other domestic Korean exchanges. In July, the current owner of Bithumb, Koren company Vidente, revealed that it has contacted FTX on the subject of a possible sale of its stake.

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