Dubai Virtual Asset regulator CEO speaks on the current and future status of regulations at VARA

Dubai Virtual Asset regulator CEO speaks on the current and future status of regulations at VARA

During DACOM (The Digital Asset Compliance and Market Integrity Summit) hosted by Solidus Labs, a crypto-native market surveillance and risk monitoring hub tailored for digital assets, in Abu Dhabi on May 4th 2023, Dubai’s virtual asset regulator CEO stated that only 50 percent of Dubai’s legacy VASPs (those who were operating before VARA was set up) applying for license at VARA will need to be regulated. He also talked about the opportunity to launch regulation and compliance as a service for small business and entrepreneurs.

Henson Orser, CEO of Dubai’s Virtual Asset Regulatory Authority, VARA, discussing VARA’s licensing journey with strong legal risk compliance, stated, “Currently we have three cohorts that are passing through several processes and routes to being fully licensed, the Minimum Viable product cohort that includes global operators who were with us from day one.  There are also legacy VASPs (Virtual Asset Service Providers), several hundred of them who have been performing virtual asset activities in Dubai before VARA came along. We are in the process of registering them and believe half of them will need regulatory licenses.” He mentions that there are also new applicants who will join the regulatory process going forward.

Orser added, “VARA is offering a nuanced approach to virtual asset regulation that does not need to define a token or coin as a security or commodity to fall into an existing framework but covers any activity in a way that affords investor protection and have compliance in such a way that we hope other global regulators would be comfortable with by design and principle.”

According to Orser, VARA is currently looking at several hundred VASPs within their ecosystem which entails a lot of compliance and risk officers, as well as general counsels and legal advisors. He mentions given the fact that there are many micro businesses and entrepreneurs there is a great opportunity for regulation and compliance as a service offering. As he states, “Regulation and compliance as a service offering will mutualize cost and leverage expertise.” 

Orser believes the most important thing is that VARA is building a hub of global financial services with innovation and technology at the cross roads of the world including within it a strong compliance risk management and legal framework which he says “ VARA will stand out as a foundational principle and will be a thriving fixture of the community.”

As for the future, Orser states that from a regulatory standpoint once there is a steady state on licensing, supervision, and enforcement for the three existing cohorts today, VARA given it is technology agnostic and a promoter of innovation, will launch a regulatory sandbox to have a framework for product development of the future.

He states that the future will include tokenization of real world assets, including real estate, as well as micro financing, royalty rights for creators and publishers, with smart contracts for movies /music, permissioned DeFi (Decentralized Finance), gaming and the metaverse. Here he sees, “A billion users will start to challenge the boundaries of title and value” and finally interoperability, transfers identity and more.

In his final words he believes that many innovators and developers are coming to Dubai because of the growth oriented environment and open minded regulator which encourages compliant operators without sacrificing core principle of investor protection, FATF Compliance and risk. Accordingly he believes, “Blockchain technology is here to stay and its applications will infiltrate more than we can imagine same goes for gaming metaverse and all things Web3.”

Decentralized Autonomous Organizations will soon have a home in UAE ADGM

Decentralized Autonomous Organizations will soon have a home in UAE ADGM

UAE Abu Dhabi Global Market’s registration authority is seeking to develop regulations for DLT ( Distributed Ledger Technology) decentralized autonomous organizations and has started with the issuance of a consultation paper seeking replies before May 12th 2023.

For the proposed Distributed Ledger Technology Foundations Regulations 2023, ADGM is seeking public feedback and comments on the proposed new legislative framework for foundations that facilitate Distributed Ledger Technology (DLT) and token issuance (DLT Foundations).

As per the announcement, the Consultation Paper is of interest to any persons operating or planning DLT projects, persons engaging in digital asset related activities and their legal advisors, as well as DLT industry participants, associations, and stakeholders.

The RA’s key proposals for the Distributed Ledger Technology Foundations Regulations cover: the structure of the DLT Foundations; governance and control; tokens; reporting, disclosures and publication; beneficial ownership; supervision; insolvency and liquidation / voluntary strike off.

This new legislative framework showcases ADGM RA’s recognition of the overall suitability of foundation structures for DLT projects, and the RA’s alignment with ADGM’s strategy to facilitate and support crypto initiatives.

ADGM had received interest concerning the use of ADGM foundations for DLT purposes and the issuance of non-regulated utility tokens. However, whilst foundations are inherently well suited to DLT projects, there are certain features and requirements within ADGM’s current foundations regimes that impose constraints that are not desirable for DLT projects.

The ADGM registration authority, recognizing the overall suitability of foundation structures for DLT projects, seeks to facilitate and support crypto initiatives, as such decided to prepare a new legislative framework to cater for DLT projects and token issuance.

Decentralization is a core principle of many DLT projects, which prizes the transfer of authority and control away from centralized entities or groups to a distributed network of project participants. The perceived advantages of decentralization are rooted in this idea of decentralized governance, which its advocates believe promises a number of benefits, including more equitable ownership and value distribution among stakeholders, insulation from the vested interests of particular individuals or groups, reduced risk of censorship, and greater diversity.

So for these kinds of DLT projects, the concept of the “decentralized autonomous organization” (DAO) has emerged as the ideal-type governance structure.

Where is UAE Central Bank 10th initiative for digital asset payments regulation for its upcoming CBDC and digital asset payment providers?

Where is UAE Central Bank 10th initiative for digital asset payments regulation for its upcoming CBDC and digital asset payment providers?

The UAE Central Bank announced on Sunday 12th of February 2023 its nine initiatives for what it calls its financial infrastructure transformation program, the FIT program that will enable the Central Bank of the UAE to be among the top central Banks globally. One of the nine initiatives is the launch of a CBDC for internal and cross border payments, but where is the 10th, the one that will actually put the UAE on the map as the digital payment hub. Where is the UAE’s Central Bank digital asset payment and remittance regulation or rulebook?

So the UAE Central Bank has finally openly stated that it will be launching a CBDC ( Central Bank Digital Currency) for not only cross border payments but also UAE internal national payments. As per the release, the Central Bank Digital Currency (CBDC) would be utilized for cross-border payments and domestic usage in order to address the problems and inefficiency of cross-border payments and help drive innovation for domestic payments respectively.

Ofcourse the announcement that they will launch a CBDC is not surprising given the work the UAE has been doing in the realm of CBDCs over the years. 

In 2019, the Central Bank of the UAE (CBUAE) piloted a wholesale CBDC project with Saudi Central Bank named of “ABER.” A final report was published in 2020, which showed that “the distributed ledger technology would enable central banks to develop payments systems at both local and cross-border levels.”

More recently, the CBUAE, along with the BIS Innovation Hub Hong Kong Centre and the central banks of Hong Kong, Thailand and China,  implemented Project mBridge, a joint initiative experimenting with cross-border payments using a custom-built common platform based on distributed ledger technology (DLT) upon which multiple central banks can issue and exchange their respective central bank digital currencies.

In my previous blog article published on December 15th 2022, I alluded to the fact that the UAE Central Bank could be close to issuing its own CBDC.

At the end of January 2023, the UAE Central Bank and Central Bank of India signed an MOU to collaborate in the payments sector; fintech solutions and experimenting with a CBDC to facilitate cross border transactions.

The Central Bank of UAE as explained in the press release wants to become the financial and digital payment hub and a center of excellence for innovation and digital transformation.

H.E. Khaled Mohamed Balama, Governor of the CBUAE, said: “The FIT Program embodies the directions and aspirations of our wise leadership towards digitizing the economy and developing the financial sector. We are proud to be building an infrastructure that will support a thriving UAE financial ecosystem and its future growth. H.E added: “We will work with our partners to implement the Program, achieve its goals, accelerate the adoption of digital services in the financial sector and attract the best talent.”

The Program comprises implementation of nine key initiatives  mentioned below:

 

 

1.  Card Domestic Scheme: The UAE’s first unified, secured, and efficient card payment platform to facilitate the growth of e-commerce and digital transactions in the country.

2.  eKYC:  A  secure  and  user-friendly  platform  to  facilitate  non-face-to-face customer on-boarding and on-going customer due diligence.

3. Central Bank Digital Currency (CBDC): CBDC for both cross-border payments and domestic usage in order to address the problems and inefficiency of cross-border payments and help drive innovation for domestic payments respectively.

4.  Open Finance: Driving innovation and competitiveness as well as collaboration in the financial services sector through inter-connectivity and inter-operability among all players and institutions.

5. Supervisory Technology (SupTech): Advanced SupTech supporting the regulatory and supervisory processes.

6. Innovation Hub: A collaborative platform for engagement, research and development for Fintechs.

7.  Instant Payments Platform: A secure, efficient, and robust payment platform that will support financial inclusion and enable a cashless society through digital payments.

8.  Financial Cloud: A secure, resilient, scalable, and reliable sovereign financial infrastructure.

9. Excellence & Customer Experience: Supporting exceptional customer experiences and fostering a culture of excellence across the financial sector.

 

But where is the 10th most important initiative? Where is the initiative that actually will allow the UAE to be a digital payments hub? Where is the digital asset payment regulation guideline, the one that VARA in its recent announcement of regulations didn’t cover? Where is the digital asset payments initiative that the UAE Securities and Commodities Authority didn’t cover?

Who will regulate digital asset payments and remittance ecosystem if the Central Bank of UAE doesn’t? It would be hard to imagine the UAE as a hub for digital payments without digital asset payments as well. It will be hard to imagine UAE as a hub for crypto and blockchain companies if there is no regulation governing the crypto, virtual assets payment ecosystem.

Sources close to the matter told LaraontheBlock, ” The nine initiative announced today are only related to the financial infrastructure. There are other initiatives being worked on.” 

I wonder if it is prudent to announce nine initiatives and pass over the one most important initiative that everyone is waiting for. But it seems that the Central Bank are working on other initiatives and hopefully digital assets as a payment method are one of them.

Qatar releases National Blockchain Blueprint

Qatar releases National Blockchain Blueprint

Qatar has finally started to truly embrace blockchain. The Communications Regulatory Authority has launched a national consultation paper about the “National Blockchain Blueprint for Qatar”.

The paper was collaboratively developed by CRA, Hamad Bin Khalifa University, and Qatar University. Qatar university recently announced its foray into the metaverse.

The consultation paper will establish the blueprint for the blockchain framework in Qatar. It identifies key elements such as regulations, adoption, innovation and creativity. It also identifies the key blockchain requirements.

The National Blockchain Blueprint highlights how blockchain technology can contribute to building an innovative and growing IT sector in Qatar by increasing domestic and foreign investment as stated in the CRA Strategy 2021-2025, to support Qatar National Vision 2030 (QNV) and Qatar National Development Strategy, as well as to enabling a seamless transition towards smart Qatar.

The blueprint examines the most prominent opportunities that blockchain could bring to various governmental and business sectors. It also outlines the necessities and incentives that must be provided by each sector for the technology adoption that contribute to emerging start-ups, pilot projects and new companies.

“The National Blockchain Blueprint highlights how blockchain technology can contribute to building an innovative and growing IT sector that contributes to increasing domestic and foreign investment, which supports Qatar National Vision 2030 and Qatar National Development Strategy,” said Ali Al Suwaidi, Technical Affairs Department Director, CRA.

He adds, “The regulation is important to protect users and provide the adequate legal framework that allows blockchain innovation and adoption. I would like to thank Hamad Bin Khalifa University and Qatar University for all their efforts and cooperation in developing this blueprint and we look forward to our further collaboration in the future.”

As per the consultation paper, In Qatar, the key governmental stakeholders that should be involved in regulating Blockchain are Qatar Central Bank (QCB) for cryptocurrencies and financial transactions, as well as ICO offerings, the Qatar Development Bank regulating investment related activities and providing incentives for blockchain.

In addition government entities also to be  involved are the Ministry of Communications and Information Technology (MCIT) with its Innovation Centre for blockchain technology; Ministry of Justice, to formulize the legal framework, and the National Cybersecurity Agency, for data classification and cyber security.

The consultation paper recommends establishing a national regulatory foundation guide in the form of a study of the common services’ regulatory requirements alongside benchmarking with relevant international examples.

They also recommend engaging different potential stakeholders and regulators in an open discussion about potential technology use cases and their associated regulatory requirements.

Finally they recommend establishing a country-wide initiative in the form of a government-led consortium with wide involvement from the private sector to kick-off the creation of country strategy as well as initiate and coordinate the regulatory activities.

Qatar also wants to establish a high-performance cloud-based blockchain platform to accelerate and facilitate prototyping and testing, with priority given to pilot projects and start-ups. 

Stakeholders and concerned parties can submit their related views and comments by emailing nbbconsultation@cra.gov.qa, by not later than Thursday, September 15, 2022.

Qatar has had an on and off relationship with both crypto and blockchain. In May of 2022, Don Tapcott, renowned blockchain expert was a speaker at the Blockchain revolution Summit.  In the meantime the CEO of Qatar Sovereign Wealth Fund praised blockchain but shunned crypto. Yet the Central Bank governor stated that crypto assets are a technological innovation that will take the country into a new era of fast accessible payments and services. 

It seems that finally Qatar has embraced Blockchain and crypto and hopefully will quickly step up the pace. 

Security token regulations to be issued in Saudi Arabia by end of 2022

Security token regulations to be issued in Saudi Arabia by end of 2022

In an interview with CNBC Al Arabia, Yazeed Saleh Aldemaigi Deputy, Strategy & International Affairs, at Saudi Capital Market Authority (CMA) announced that regulations for Security Token offerings (STO) will be out before the end of 2022 in Saudi Arabia.

As per the interview, application for STO offerings will be available on the CMA digital platform by end of 2022. He added that the Fintech Lab at CMA has been working on finding the most appropriate environments for FinTech startups.

The STO regulations that will come out at the end of 2022 will help to attract foreign investment firms interested in the FinTech domain in KSA as well as support local companies.

The Fintech Lab from CMA was launched in 2017.  It aimed to provide a regulatory framework that is conducive for the innovation of Financial Technology (FinTech) in the capital market within the Kingdom.

One of the business models under the Fintech Lab was related to use of Distributed Ledger Technology (DLT) to arrange the Offering of Securities and Custody Services. It is a platform that uses Distributed Ledger Technology (DLT) to arrange the offering of securities (Sukuk as a preliminary stage) to investors, in coordination with the Issuer and the Authorized Person (AP) assigned by the Issuer as an Offering Advisor.

Oman New Securities Law provisions for regulation of virtual assets

Oman New Securities Law provisions for regulation of virtual assets

Oman Capital Market Authority recently issued its new Securities Law (46/2022) which  stipulates that the authority can “Agree to application of technologies, virtual digital investments or any products or services in the areas related to the provisions of this law, as set out in the Regulation.”

In an article in Oman Observer, Sheikh Abdullah Bin Salim Al Salmi, Executive President of the  Oman Capital Market Authority states, “ The law will contribute to the growth of FinTech based services as the law authorizes the authority to regulate innovative financing, approval of FinTech based apps and virtual investments. The law also allows expanding the financing options by regulating new products and services.”

In March of 2022, Oman Capital Markets Authority (CMA), invited companies interested in helping it set up a regulatory framework for virtual assets to participate in a tender process. According to sources, the regulatory framework should be finalized by Q3 of 2022.

The new Securities Law is only further proof of the commitment Oman government and Capital Market has for developing its virtual assets framework and allowing the trade and investment in virtual assets in the future. This could pave the way for security token issuances in the Oman stock market a bold step into the future of investments and stock trading.