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South Korea’s financial sector plans to formulate regulatory rules for virtual asset mixers

The South Korean financial authorities are developing regulatory rules for encrypted assets "mixers" that are being misused by illegal organizations as a means of money laundering. A spokesperson for the Financial Information Analysis Institute (FIU) of the South Korean Financial Services Commission said: "If encrypted assets are put into a mixer, it will be very difficult to track funds and monitor crimes. We believe that the risk of money laundering through mixers is very high. After the United States introduced mixer regulations last year, South Korea also began to consider this. Regulating encrypted asset mixers requires international cooperation."

Professor at Yonsei University in South Korea: It is necessary to formulate gambling standards related to virtual asset transactions

According to Jin Yu Cheng, a professor at Yonsei University Law School in South Korea, there needs to be a thorough examination of whether trading virtual asset futures should be considered a gambling crime. This proposal is related to the fact that South Korean financial authorities have not classified virtual assets as financial products. According to Article 10, Section 2 of the Korean Capital Markets Act, financial investment business operators engaged in financial investment business are not subject to Article 246 of the Criminal Code, which means that licensed financial investment business operators engaged in financial investment business are not subject to gambling crimes. On the other hand, with regard to South Korean virtual assets, since they are not financial products, exceptions cannot be applied.

South Korea lawyer: The asset listing and delisting functions of virtual asset exchanges must be separated

YK Law Firm in South Korea stated that the functions of listing and delisting assets on cryptocurrency exchanges must be separated. In the future, it is recommended to establish an independent review committee or delegate the review authority to self-regulatory organizations.

Zhengzhou City concluded a "group" fraud case of buying and selling virtual currencies, involving more than 1.3 million yuan in stolen money

The People's Court of Huiji District, Zhengzhou City, Henan Province recently concluded a case of "group" buying and selling of virtual currency fraud. The defendants were connected with online telecom fraudsters through banned network software, and cashed in on the tele-fraud proceeds transferred by the online fraudsters. After cashing in, they purchased virtual currency for hedging at illegal currency merchants, and then returned the virtual currency to the online telecom fraudsters, completing the capital laundering of the victims of telecom fraud and obtaining an illegal profit share of 8% of the cashed amount. As of the time of the case, they had helped the online telecom fraudsters transfer more than 1.3 million yuan of stolen money. It is reported that the relevant defendants were sentenced to three years and ten months in prison and fined 40,000 yuan.

South Korea’s Ministry of Personnel will conduct regular reports before February 29, and declared assets include virtual assets.

South Korean Ministry of Personnel Management announced on the 2nd that it will require approximately 290,000 public officials to submit regular reports on their financial changes through the civil service ethical system by February 29, 2024. The declared assets include real estate, securities, bonds, liabilities, jewelry, antiques, art, membership rights, and intellectual property. Starting this year, virtual assets and virtual asset deposits have been added. Those who are obligated to register their assets must report all virtual assets and deposits they hold, regardless of the amount or quantity. The changes in the assets of the object of the asset disclosure will be integrated and disclosed through the public service ethical system at the end of March.

Hong Kong may launch derivatives license No. 11 in 2025

Today's A17 edition of the Ta Kung Pao pointed out that the Hong Kong SAR government strongly supports the development of virtual assets, green finance and other directions, while providing strong support for family offices. Since last year, the SAR government has gradually relaxed its investment policy on cryptocurrencies, and the Hong Kong Stock Exchange has become the first exchange in Asia to provide cryptocurrency ETF products, with a current scale of 30 billion yuan. At the same time, the SAR government has led the establishment of the Web 3.0 Association and issued virtual asset management licenses to promote the normalization of this business and build the Web 3.0 ecosystem. Currently, some financial institutions have obtained virtual asset management licenses. The Hong Kong financial license is subdivided into 12 categories, and the improvement of financial licenses will promote the development of the financial market. The issuance of virtual asset licenses may lead to the launch of derivative No. 11 licenses in Hong Kong by 2025.

"Measures for the Administration of Banks' Foreign Exchange Business Development (Trial)": Banks should report suspected illegal cross-border financial activities involving virtual currencies to the f

On December 29th, in order to further enhance the foreign exchange exhibition capabilities of banks, promote cross-border trade and investment facilitation, and prevent cross-border capital flow risks, the State Administration of Foreign Exchange formulated the "Bank Foreign Exchange Exhibition Management Measures (Trial)" in accordance with the "Foreign Exchange Administration Regulations of the People's Republic of China" and related laws and regulations, which will be implemented from January 1, 2024.

Hong Kong Securities and Futures Commission: For public fund products with virtual assets accounting for more than 10%, the management agency must apply to the Securities and Futures Commission

Hong Kong Securities and Futures Commission issued a notice stating that public fund products with virtual assets accounting for more than 10% must meet corresponding conditions for their management companies, related investment strategies, and product custody institutions. According to current regulations, generally speaking, institutions holding the Hong Kong Securities and Futures Commission's License No. 9 are not allowed to have virtual assets accounting for more than 10% in their fund portfolios. The latest notice clarifies that if the proportion of virtual assets exceeds (or is expected to exceed) 10%, the management institution must apply to the Hong Kong Securities and Futures Commission for approval before the related products can be sold to Hong Kong investors.

Hong Kong Securities and Futures Commission: The private key of the trustee/custodian of virtual asset funds must be safely stored in Hong Kong

The Hong Kong Securities and Futures Commission pointed out in the "Circular on the Recognition of Virtual Asset Investment Funds by the Securities and Futures Commission" that the trustee/custodian of virtual asset funds and any representative responsible for holding virtual assets recognized by the Securities and Futures Commission should ensure that the holding of virtual assets is separated from their own assets and assets held for other clients, and most of the virtual asset holdings should be stored in cold wallets. The amount and term of virtual asset holdings stored in hot wallets should be minimized unless necessary for subscription and redemption, and the mnemonic words and private keys should be stored securely in Hong Kong, with strict restrictions on authorized personnel, sufficient resistance to speculation (such as through non-deterministic generation) or collusion (through measures such as multi-signature and key splitting), and appropriate backup to reduce any single point of failure.

New York releases new standards for listing and delisting virtual currencies

New York Department of Financial Services (NYDFS) has released new standards for the listing and delisting of virtual currencies (coins). These new regulations apply to Bitlicenses and limited purpose trust companies, including considerations for the business model of virtual currency entities (VCE), the latest risk assessment expectations for VCE, new advance notification requirements, and updated definitions.According to the latest guidelines, VCEs that have obtained prior approval for coin listing policies must obtain NYDFS approval for their coin listing and coin delisting policies before self-certifying any coins. Once NYDFS approves these two policies, VCEs can self-certify coins for activity in New York. However, without NYDFS-approved listing policies, VCEs are almost always restricted to listing coins on the NYDFS green list, unless there is specific NYDFS approval. In addition, NYDFS reserves the right of discretion to require VCEs to delist coins or restrict the use of non-green list coins by New Yorkers.