UAE and Bahrain regulated crypto exchange CoinMENA expands its family office, investor and institutional offering through a partnership with Onramp Bitcoin. Onramp is an international Bitcoin asset management company built on multi institutional custody.

Onramp’s platform provides best-in-class products and solutions for HNWI, Family Offices, and Institutions to onboard Bitcoin.

In addition the partnership aims to empower MENA investors with high-quality Bitcoin educational resources such as proprietary written research, rich video content and analytic tools.

Both companies are poised to explore innovative custody solutions designed specifically for institutional investors. The collaboration comes on the heels of Onramp’s recent announcement of a partnership with BitGo, CoinMENA’s current custody partner.

In a joint statement, CoinMENA’s founders, Talal Tabbaa and Dina Sam’an said, “We are excited because this partnership fills a market gap for premium Bitcoin market research, and aligns with our educational approach to empower regional investors to invest in Bitcoin based on sound logic and a deep understanding of its unique and fundamental properties. As Bitcoin evolves into a mainstream international asset class, providing insightful analysis becomes essential for investors and asset managers, guiding them in making confident, long-term investment decisions.”

Onramp Co-Founder and CEO Michael Tanguma added “Onramp recognizes that Bitcoin is a global asset, necessitating the broad dissemination of valuable Bitcoin-focused educational resources across the world – research, podcasts, webinars, data-driven tools like the Onramp Terminal – access to these types of high-quality materials, combined with a first principles approach to custody, is the recipe for successful long-term Bitcoin ownership. We are excited to partner with the team to provide tools and education to one of the fastest-growing regions in the digital asset space.”

This comes just after the USA regulators allowed the launch of Bitcoin ETFs.

The globe is reacting to the U.S. SEC’s green light to launch the first US listed exchange traded funds, Bitcoin ETFs for 11 companies and has had a ripple effect in the MENA region. The SEC approved the Bitcoin ETF on January 10th, with skepticism towards crypto still present in Gensler’s statement.

The full list of companies that got SEC approval to launch Bitcoin ETFs are: Ark Invest together with 21 Shares; Bitwise, BlackRock, Fidelity, Franklin Templeton, Grayscale, Hashdex, Invesco, WisdomTree, Valkyrie and VanEck. Some of their ETFs will be trading on January 11th 2024.

The Bitcoin ETFs will track Bitcoin, opening the door to cryptocurrencies to many new investors who don’t want to take the extra steps involved in buying actual Bitcoin.

So what is an ETF? An ETF is an easy way to invest in assets or a group of assets without having to directly buy the assets themselves. It is similar for example to the SPDR Gold Shares ETF allows anyone to invest in gold without having to find a place to store a bar or protect it. In addition, ETFs can also be easily traded on stock exchanges.

The decision to approve the ETFs is a win for huge fund managers like BlackRock, Fidelity Investments and Invesco who will manage the funds given they have pushed hard to get the SEC to approve them.

Yet Gary Gensler, SEC’s chairman stated, “Investors should remain cautious about the myriad risks associated with Bitcoin and products whose value is tied to crypto.” While other commissioners expressed alarm that the SEC agreed to approve the funds.

Regardless of the negative statements, Standard Chartered analysts said the ETFs could draw $50bn to $100bn this year alone, potentially driving the price of Bitcoin as high as $100,000. Others have said inflows will be closer to $55bn over five years.

All this has brought forth speculations that fund managers will create ETFs around Ethereum soon.

While most agree that the success of Bitcoin ETFs will depend on fees and liquidity. This is why some issuers have proposed fees between 0.2% to 1.5% such as BlackRock and Ark/21shares while other firms have waived fees entirely for a certain period of time.

UAE experts, regulators, investors, and crypto exchanges weighed in their views on the U.S. Bitcoin ETF, and here is what they had to say:

Bitcoin ETF a significant milestone for the industry that could spur investment

Dubai’s virtual asset regulatory authority represented by its CEO Mathew White told LaraontheBlock, “Without a doubt, this ETF approval is a significant milestone for the industry. We need to wait and see what the capital inflows look like to see the real impact, but in theory we could see increased liquidity and reduced volatility of Bitcoin over time, which is good for the industry as a whole in the long term. Stability and transparency pave the way for more innovation and I expect this move to eventually spark further investment into this sector.”

Bitcoin ETF: will unlock wider adoption of crypto in UAE

Saqr Ereiqat, Co-Founder and Managing Partner at Crypto Oasis Sentio commented, “The recent regulatory green light for Bitcoin ETFs marks a pivotal moment for the global financial landscape, and its ripples are likely to be felt particularly strongly in the United Arab Emirates. This landmark decision unlocks doors for wider adoption of cryptocurrency within the UAE, a region already well-positioned to become a global crypto powerhouse.”

Bitcoin ETF: legitimacy and recognition from traditional financial institutions

Stefan Kimmel CEO M2 a UAE regulated crypto exchange, explained that while other countries had already approved Bitcoin ETFs previously, the recent approval in the US marks a “monumental shift for the entire cryptocurrency ecosystem.  It feels like a turning point and an emotional victory in the ongoing narrative surrounding Bitcoin. This development not only provides investors with a more accessible avenue to enter the Bitcoin market but also adds a layer of legitimacy and recognition from traditional financial institutions.”

He adds, “The ETF approval will attract a broader range of investors, including institutional players who may have been on the sidelines due to regulatory uncertainty. This merging has the potential   to redefine investment strategies, allowing investors to diversify portfolios seamlessly across traditional assets and digital assets.”

In terms of the UAE He believes, “The UAE has strategically positioned itself as a global hub for digital assets. With the ETF approval, the UAE is now perfectly poised to take advantage of a new wave of digital asset investment driven by institutional investors searching for regulatory clarity and a favorable market environment. The approval signals a growing acceptance of digital assets within the mainstream financial system, potentially paving the way for similar advancements in the broader cryptocurrency space.”

Bitcoin ETF: Bitcoin can now take on the mantle of Digital Gold

Matt Dixon Founder and CEO Evai Crypto ratings, which uses AI and Machine learning technology to help crypto traders build wealth, believes that this green light is an important milestone where the phase is now ripe for the entrance of institutional adoption after early retail adoption allowed BTC to grow from $0 to $69,000.

He states, “ETF approval should translate to an increased demand, whilst Bitcoin Halving in April reduces the supply. Now if we consider the Stock to Flow Ratio, which incidentally has been a great predictor of Bitcoin pricing, then indications are that Bitcoin could at last take on its mantle of Digital Gold. As of April it will achieve higher Stock to Flow ratio than the precious metal itself. This could create a real squeeze on price with the possibility of Bitcoin achieving price projections of up to $1 million according to some industry analysts.”

He adds, “With the potential of further QE Fiat money printing by the FED if the US economy enters recession this year as some predict, then the limited supply of Bitcoin could cause it to shine even brighter.”

Bitcoin ETF: Investing in Bitcoin directly is better than investing in its derivative

Talal Tabaa Co-Founder and CEO of CoinMENA, a regulated crypto broker out of UAE and Bahrain, believes that Bitcoin ETF’s will add a lot more credibility to Bitcoin, and the UAE will soon follow suit. He also espouses that the best way to buy and invest in Bitcoin is directly.

He states on LinkedIn, “ There are three reasons why investing in Bitcoin directly is better than investing in a bitcoin derivative, First is Zero Management Fees: While ETF firms compete to lower their management fees, there are no fees for holding actual Bitcoin, leading to higher returns over time. Secodly is 24/7 Trading: ETFs only trade between 9:30 am and 4:30 pm on weekdays (if it’s not a holiday). Bitcoin trades 24/7, every day, and finally not your keys, not your coins: Owning Bitcoin in self-custody means having complete control over the asset with no counterparty risk. This will become increasingly important over the years.”

Bitcoin ETF: Bitcoin resilience paving the way to an Ether ETF

 Ben Zhou, co-founder and CEO of Bybit, the world’s third largest crypto exchange by volume, believes the approval of the Bitcoin ETF is a testament to the resilience of Bitcoin, an asset that continues to outperform despite facing an array of challenges.

In a commentary he states, “I believe that the real significance of the Bitcoin ETF extends far beyond today’s market dynamics. It heralds a new epoch of institutional and wider crypto adoption, paving the way for an Ether ETF and mixed products like a Bitcoin and Gold ETF. It’s a clear indicator that crypto’s inherent value as a global transaction system with near instant finality and total transparency is being realized. nd now, with everything in place, we anticipate greater institutional exposure to crypto. The investment landscape is evolving, and digital assets are becoming a mainstay in the portfolios of investors worldwide.

Conclusion

Regardless of the positive reactions and some negative ones too, the United States approval of a Bitcoin ETF is a win for the crypto community of enthusiasts. It means crypto is here to stay whether you like it or not. It means acceptance has started amidst regulation.

The UAE will make the best of it given it has already prepared the ground work.

For the skeptics it means the financial freedom once espoused by the early adopters of crypto could be eroded in the future. The big guys are taking over, the BlackRocks of the world are now playing the game.

Yes Bitcoin will soar, but will it continue to democratize the financial system, that is another story altogether.

OKX is gearing up towards its official launch out of the UAE as it awaits its license from Dubai’s virtual asset regulatory authority (VARA) with the launch of its Arabic language website and application for both crypto trading and Web3 services.

As per the press release, this initiative marks a significant step in making digital assets and web3 technologies more accessible to Arabic-speaking audiences.

With the Arabic website and application OKX is catering to the unique needs of different markets, ensuring a smooth and user-friendly experience for Arabic-speaking users.

OKX MENA General Manager Rifad Mahasneh said, “The introduction of the Arabic OKX website and app represents our customer focus and commitment to growth. By offering our exchange and web3 platforms in Arabic, we aim to empower more individuals to participate in the evolving digital economy seamlessly. The addition of Arabic to our global platform brings the total number of languages available to 22, highlighting our global reach and dedication to customer service.”

OKX’s crypto exchange is the second largest globally by trading volume and is trusted by more than 50 million users. OKX’s leading self-custody solutions include the Web3-compatible OKX Wallet, which allows users greater control of their assets while expanding access to DEXs, NFT marketplaces, DeFi, GameFi and thousands of dApps.

OKX announced the establishment of its Hong Kong entity (OKX Hong Kong) in March 2023 for the purpose of applying for the VASP license and operating as a virtual asset trading platform in Hong Kong. In September 2023 OKX announced that it was in its final stretch of its virtual asset service provider (VASP) license in Hong Kong. The exchange is expected to receive approval by March 2024.

In UAE, OKX received its MVP preparatory license from Dubai’s VARA in June 2023 and is still awaiting its final license. In November of 2023, OKX announced the appointment of a general manager for the MENA region based out of Dubai UAE.

In December 2023 the exchange delisted multiple tokens based on user feedback and failure to adhere to its delisting/hiding guidelines, including several privacy-focused tokens. The first batch of delistings will see KSM, FLOW, JST, ANT, FSN, KZS, CAPO, and CVP trading pairs delisted on January 4, 2024. Followed by XMR, DASH, ZEC, and ZEN, delisted on January 5, 2024. This is a requirement by VARA as it does not allow the trading of privacy focused tokens.

UAE Phoenix Blockchain, crypto mining group has purchased a total of $567 million of Bitcoin mining Hardware. The group made a new Bitcoin mining hardware purchase of $187 million from Bitmain, just a few months after it purchased $380 million worth of crypto mining hardware from Whatsminer.

Prior to this Phoenix Group invested in Lyvely, a UAE-based platform poised to reshape how creators and consumers interact and monetize online acquiring 25% of the company.

The landmark purchase worth $187 million is for cutting-edge mining machines from industry giant Bitmain. This strategic acquisition comes just after its IPO on the Abu Dhabi Securities Exchange (ADX).

“This latest deal, following our successful IPO and partnerships, signals our relentless pursuit of excellence and solidifies our leadership in this dynamic space,” declared Bijan Alizadehfard, Co-Founder & Group CEO of Phoenix Group. “Partnering with titans like Bitmain and Whatsminer equips us with the best tech, fuels our growth, and redefines the future of efficient and sustainable mining.”

Phoenic Group has a  market cap of $3.95 billion as of January 4th, 2024, the Bitmain deal further amplifies Phoenix Group’s hashing power and market share.

But for Phoenix Group, it’s not just about numbers. It’s about building a better future. The company remains dedicated to green practices, integrating hydro cooling technology in collaboration with both Bitmain and Whatsminer. “Our environmental responsibility is core to our values,” emphasized Munaf Ali, Co-Founder & Group MD of Phoenix Group. “Partnerships like these, coupled with our commitment to hydro cooling, pave the way for a greener blockchain future.”

This comes as the USA and crypto enthusiasts around the world await announcements of the first Bitcoin ETFs.

In a recent press release published by Marathon Digital Holdings, Bitcoin mining entity, the company showcased its unaudited Bitcoin production stating that in January 2024 their Abu Dhabi facilities will have a total of 7.1 exahashes online.

According to the CEO of Marathon Digital Fred Thiel, the operations in Abu Dhabi UAE currently has 2.7 exahashes online and includes over 13,000 rigs energized at their second larger facility in Masdar City. As he stated, “the remaining 4.4 exahashes are still expected to be online in January 2024.”

In November Marathon Digital had reported that 7.5 exahashes would be online by the end of 2023.

Marathon Digital by December had increased their energized hash rate 4% to 24.7 exahashes and extended their lead as the largest publicly traded Bitcoin miner in North America. As per Thiel, “We continue to target 30% growth in energized hash rate in 2024 and with the recently announced acquisition of the two sites from Generate Capital, which is expected to close in January 2024, we expect to reach 50 exahashes in the next 18 to 24 months.”

In addition their new joint venture in Paraguay also continued to energize, reaching 0.3 exahashes with 2,110 miners now online and the company expect the total 1.1 exahashes to be online by early Q2 2024.

Bitcoin production grew, as Marathon mined 1,853 BTC in December, up 56% from November, and 290% year-over-year.

Thiel explained, “Significantly higher transaction fees helped December’s Bitcoin production grow much faster than average operational hash rate. For the month, MaraPool collected more than 380 BTC in transaction fees or 22% of BTC production, up from 12% of production last month. Our success in capturing the sizable transaction fees currently available to miners is directly related to owning and operating our own pool and represents a key competitive advantage of our vertically integrated tech stack.”

As of December 31, the Company holds a total of 15,174 unrestricted BTC. Marathon opted to sell 704 BTC or 38% of monthly production to cover operating expenses. The Company intends to sell a portion of its bitcoin holdings in future periods to support monthly operations, manage its treasury, and for general corporate purposes.

Marathon held $356.8 million in cash and cash equivalents on its balance sheet at month end, all of which was unrestricted. During December, the combined balance of unrestricted cash and cash equivalents and bitcoin increased from $802.3 million to $998.5 million at December 31, 2023. In anticipation of the next Bitcoin network halving, the Company continues to build liquidity on the balance sheet to capitalize on strategic opportunities, including industry consolidation. The transaction to acquire two operating sites from Generate Capital is expected to close in January 2024 for approximately $178.6 million in cash to be paid from the Company’s balance sheet.

Despite the uphill battle that has faced Binance in 2023, in their recent 2023 yearend report, the company stated that they had increased their customer base by 30 percent, with 40 million new users. Binance now has a total of 170 million users.

As per the report, the company is focused on its user base and on strengthening their compliance program. The report states, “We are making important steps toward becoming a truly compliance-led organization. Above all else, we were able to maintain the trust of our growing community, which is fundamental to our mission of advancing the freedom of money globally.”

Binance added, “In 2023, we invested some $213M in our compliance program, up 35% from last year’s $158M\ But money alone does not capture the entirety of our commitment. Binance dedicates significant product and engineering resources to compliance. For example, we have built our own case management system in a matter of months, as well as an internal transaction monitoring engine and built in-house tools to help semi-automate the investigations process.  We have applied improved market surveillance controls, especially around wash or circular trading, to our trading platforms, including NFT marketplace, to ensure that the markets that we offer are fair and equitable for all participants.”

In the USA as per the terms of their settlement, Binance will hire an independent anti money-laundering consultant and will be subject to a multi-year financial monitorship, ensuring we receive strong compliance guidance. Binance’s corporate governance structure will evolve as well. A board of at least three independent directors, accountable to all stakeholders, will be the steward and governing body of the organization.

Binance hold licenses, registrations, and authorizations in 18 jurisdictions around the world.

But the crux of their efforts has been once again towards compliance. It invested in localized KYC vendor and product solutions to enhance the user experience and make the onboarding process seamless. They also embedded 10+ electronic ID (eID) solutions globally. Striving to deliver the best user experience, they added  support for 298 new ID and proof-of-address documents across 64 countries this year.  

The crypto exchange also processed over 58,000 law enforcement requests, serving some 13,000 registered officials worldwide through their Government Law Enforcement Request System. This is an improvement over 50,000+ requests that Binance handled in 2022.

Binance still awaits to receive a license in the UAE, and formally make the UAE one of its regional headquarters as a licensed entity.

After the confusion and speculations surrounding the situation of UAE based Hayvn a digital asset focused financial institution, providing trading, asset Management, custody, and payments, Ahmed Ismail, Board Member & Co-Founder clarified a few facts to set the record straight and bring hope that the future is bright for Hayvn, and for the digital asset scene.

First and foremost Ismail firmly and unequivocally stated that client funds are totally safe and have not been touched and as such Hayvn continues to serve its clients with the utmost professionalism and care. He explained to LaraontheBlock, “Clients funds are safe globally. All our client’s funds are safe wherever they reside.”

Secondly the company under the intern leadership of Tim Grant ,CEO, Deus X Capital, Stuart Connolly CIO, Deus X Capital & HAYVN Board member and Ismael himself, are currently cleaning up house, setting their strategies for the company and looking to hire a CEO to replace Christopher Flinos.

Ismael stated, “We are firmly committed to Hayvn and to its success. Sometimes things don’t go as planned, yet despite this Hayvn is doing well. Its revenues were up in the past month and we are looking forward to hiring a new CEO to replace Flinos.”

In terms of the technical and technology issues in Hayvn, Ismael reaffirms that technically all things are running smoothly. He admits that there were glitches when they were migrating to the new platform, yet clients were made aware that this might happen and all things were handled and dealt with according to the highest modes of professionalism.

In terms of its regulatory status, Ismael reaffirms that Hayvn continues to be a globally regulated business through their entities in Australia, Cayman Islands and Lithuania.

In the final analysis while Hayvn has gone through a tumultuous experience, that doesn’t make it a failure yet. Companies throughout history have gone through ups and downs but what makes them survivors are the team of passionate dedicated individuals behind them.

If Binance, whose reputation and growth stemmed from one person, its founder and CEO CZ, and who had this year to face the SEC (Securities and Exchange Committee) and come out still alive and kicking, there is hope for digital asset, crypto companies everywhere.

2024 will be a pivotal year for Hayvn and its team; they will either come out stronger than before having learned from past mistakes and experiences, or they will fall into oblivion. Those following Hayvn closely for such a long time, can only wish them the former outcome.

The Qatar Central Bank( QCB)  sets to attract Big Tech and Fintech entities in the fields of Blockchain, AI, Tokenization, Digital assets and crypto to the country.

As per its third financial sector strategy launched by HE Prime Minister Sheikh Mohamed Bin Abdulrahman Bin Jassim Al Thani, the Qatar Central Bank recommended enhancing financial inclusion, measures to facilitate building a world-class shared market infrastructure and establishing a financial technology talent center of excellence.

The third financial sector strategy is to make Qatar a leading ecosystem embracing emerging technologies to accelerate digital transformation supported by adaptable and consistent regulatory frameworks and trusted market infrastructure. The regulatory framework is one of the key initiatives and aims to develop framework for DLT ( Distributed Ledger Technology), Blockchain, Crypto and digital assets as well as Decentralized Finance (DeFi). The regulations will ensure a trusted, legal and economic environment for AML, IP rights, and KYC KYT.

Growth areas include payments ecosystem specifically retails, as well as introduction of solutions such as robo advisory, Blockchain, artificial intelligence, digital assets and tokenization.  It also includes digitization in Islamic Finance and ESG (Environmental Social Governance).

The strategy contains 48 actionable items with 20 high priority ones as per the strategy.

The Qatar Financial Centre Regulatory Authority and QFC Authority have jointly developed a QFC digital assets framework, as well as launched their digital assets lab which will work as a sandbox for incubating startups.

QCB governor Sheikh Bandar bin Mohamed bin Saoud al-Thani. Stated,”We believe in the importance of digital finance ecosystem in supporting the development process. As a result, we have adopted this ecosystem as a third pillar within our strategy to lead the digital financial transformation for the sector to be pioneer in the adoption of modern technologies.”

UAE based HAYVN which is a digital asset focused financial institution, providing trading, asset Management, custody, and payments previously regulated and active in Abu Dhabi, has fallen under a great wall of scrutiny and a black cloud both with regards of the activities of its previous CEO as well its current status as a regulated entity in the UAE.

In less than a week, Hayvn not only announced the so called resignation of its CEO Christopher Flinos and the request to make its status inactive in Abu Dhabi ADGM ( Abu Dhabi Global Market), but it also insinuated that the CEO had carried out a huge misconduct. In an email statement made by the PR agency of Hayvn, Fully Vested, to UNLOCK Blockchain, the agency noted, “The CEO stepped down from the management of the business, following a request from the Board of Directors due to the CEO’s conduct.”

Sources close to LaraontheBlock have noted that there has been speculation moving around with regards to possible embezzlement. This is further reconfirmed by the fact that Christopher Flinos is nowhere to be found. His phone is off, he does not respond to LinkedIn or other messages, and he himself has not made any statement to clear his name or explain his actions and that of the board of Hayvn.

LaraontheBlock reached out to the FSRA (Financial Services and Regulatory Authority) at ADGM with two questions. The first question, as a regulatory authority what actions have or will be taken towards Hayvn given the current cloud of speculation around it and the activities of its prior CEO?

The second question, can ADGM confirm that institutional clients in the UAE have not been effected financially or otherwise from the actions taken by the prior CEO and Hayvn as a crypto custodian and if effected will there be restitution?

The response which came from FSRA attributed to Mr. Emmanuel Givanakis. CEO of the Financial Services Regulatory Authority at ADGM stated, “As the financial regulator of ADGM, the Financial Services Regulatory Authority (FSRA) is bound by the highest levels of confidentiality and therefore is not positioned to discuss individual firms. The FSRA is committed to supervising all regulated entities so they maintain high standards to address risks related to their activities. ADGM stands as a transparent jurisdiction and has relevant public information on registered and licensed entities by its independent regulatory authorities in ADGM available on the public register.”

As per its license, AC Limited (Hayvn) is not permitted to deal with Retail Clients and is restricted to USD 1 million in total assets (Fiat and Accepted Virtual Assets) for a maximum of 100 clients.

When the same questions were posed to Ahmed W Ismail Co-Founder, Board Member & Operating Committee Member of HAYVN, he replied with this statement, “I can confirm that there has been a change of management at HAYVN. The CEO stepped down from the management of the business, following a request from the Board of Directors. Client funds are safe and there will be no disruption to the service of any clients. We continue to be a globally regulated business through our entities in Australia, Cayman and Lithuania.”

Hayvn was granted a license in ADGM in December 2021, allowing it to offer deals for investments, and virtual asset custody. In October 2023 Hayvn announced that had processed over 22 000 cryptocurrency transactions to date in 2023.

While back in August 2023 Swedish and UAE based Gayo aviation, a luxury travel company that offers aircraft management, consulting services, aircraft purchase and sales and flight deck services announced they were now offering crypto payments utilizing UAE HAYVN Pay.

In May Hayvn also announced that it had recorded returns of 19 percent increase on its crypto index fund since its launch in January 2023. The index fund  included the top 20 digital assets by market capitalization with a maximum weighting of 10% for any asset to increase diversification. It is a broad based index strategy with monthly rebalancing.

In short Hayvn was busy partnering and launching products.  It partnered with WooCommernce to offer a plug-in allowing merchants to create an additional revenue stream by accepting cryptocurrency payments from customers globally. It also partnered with crypto hardware manufacturer, Ledger to provide safe and robust off-ramping rails to users of Ledger’s Ledger Live service, as well as strategic partnership with Akurateco, a cutting-edge white-label payment software vendor operating worldwide to broaden crypto payments, and finally the most recent partnership with Malta based Apcopay, a Single Layer – Payments Orchestration Platform which they noted was crucial to HAYVN Pay’s global expansion strategy, providing an alternative payment avenue for businesses.

This flurry of activity while to many looks like reflections of growth and expansion could also have been a cover up for activities that led to the current situation Hayvn is in today.

Could the rushed technology upgrade implemented just before Flinos’s resignation which created widespread disruptions for Hayvn Pay Clients been part and one of the issues realted to the misconduct of the CEO?

These questions and many more should become clearer as the Abu Dhabi Global Market regulator investigates, and as Hayvn’s new leadership takes form.

Regulatory arm of Financial Free zone ADGM tells registered companies in ADGM that they have to adhere to the AML ( Anti money laundering) TFS ( targeted Financial sanctions) legislations and policies of the UAE Federal government. What this means is that even if companies have registered in ADGM as offshore or freezone entities they will still be legally bound to the UAE AML/TFS legislations which also include virtual assets.

The FSRA announced these  revisions that clarify the requirements that previously appeared in the AML Rulebook, reflecting the federal regulatory framework the UAE has put in place to combat money-laundering, the financing of terrorism and proliferation financing and ensure compliance with targeted financial sanctions. In particular, minor drafting changes have been made to the provisions relating to wire transfers in order to provide greater clarity that the FATF “Travel Rule” applies to Virtual Assets.

The revisions will be relevant to all firms subject to the provisions in the AML Rulebook, including authorized firms in the financial services sector and Designated Non-Financial Businesses and Professions.

The amended AML Rulebook, as per FSRA ( Financial Services and Regulatory Authority) of ADGM asserts that “ The AML Rulebook is made in recognition of the application of the Federal AML Legislation in the Abu Dhabi Global Market (“ADGM”) of the Federal AML Legislation. Nothing in the AML Rulebook affects the operation of Federal AML Legislation.”

A Relevant Person’s Governing Body is responsible for establishing, maintaining and monitoring the Relevant Person’s AML/TFS policies, procedures, systems and controls and compliance with applicable AML legislationthe AML Rulebook, the Financial Services and Markets Regulations 2015 (“FSMR”), and all applicable Federal AML Legislation.

The FSRA in its amended rule book clearly states, “ Federal AML Legislation applies in the ADGM.”

According to FSRA,  the definition of Federal AML Legislation is broad. It includes all federal legislation as may be in force relating to money laundering, terrorist financing, proliferation financing, the financing of unlawful organizations and sanctions compliance including Targeted Financial Sanctions. Particular pieces of legislation to be aware of include:

(a) Federal Law No. (7) of 2014 regarding Combatting Terrorism Offences;

(b) Federal Decree Law No. (20) of 2018 on Anti-Money Laundering, Combatting the Financing of Terrorism and Financing of Illegal Organisations;

Cabinet Decision No. (10) of 2019 concerning the Implementing Regulation of Decree Law No. (20) of 2018;

(d) Cabinet Decision No. (74) of 2020 concerning the Terrorism Lists Regulation and Implementation of UN Security Council Resolutions on the Suppression and Combatting of Terrorism, Terrorist Financing, Countering the Proliferation of Weapons of Mass Destruction and its Financing and Relevant Resolutions.

In addition FSRA has made it clear that it will hold the governing body and senior management of a registered entity as responsible for compliance with AML rulebook.

FSRA adds, that the Regulator expects the RBA (Risk Based Approach) to determine the breadth and depth of the Customer Due Diligence (“CDD”).

The same regulations apply when it comes to Sanctions. These UNSC obligations Targeted Financial Sanctions (“TFS”) are Sanctions issued by the UNSC or the U.A.E. involving asset freezing and other financial prohibitions targeted at individuals, entities or groups with the aim of combatting terrorism and terrorist financing, and countering the proliferation of WMD.

This also applies for FATF.