UAE Securities and Commodities Authority issues two new virtual asset regulations for rulebook

UAE Securities and Commodities Authority issues two new virtual asset regulations for rulebook

According to a recent Baker McKenzie client alert, the UAE Security and Commodities Authority has issued two new regulations pertaining to virtual assets. UAE SCA will be creating a list of accepted virtual assets as well as regulations allowing already regulated financial institutions to offer virtual asset services while amending capitalization requirements for virtual asset exchanges, custodians, and brokers.

These regulations while published in Arabic were translated by Baker Mckenzie in their client  report.

As per the report, the SCA has issued two new decisions,  (26/RM) of 2023 in relation to Virtual Assets Platform Operators (the “SCA VA Exchange Regulations“); and  Decision No. (27/RM) of 2023 amending SCA Chairman of the Board of Director’s Decision No. (13/RM) of 2021 in relation to the SCA Rulebook (the “SCA Rulebook Amendments Regulations“).

The SCA VA Exchange Regulations define VAs as a “digital representation of a value that can be traded or digitally transferred and can be used for investment purposes, and does not include digital representations of fiat currencies, securities, or other funds”.

The SCA VA Exchange Regulations clarify that VA Exchange Platform Operators will be subject to certain provisions of: the SCA Board of Director’s Decision No. (2/R) of 2001 concerning the Regulations as to Trading, Clearing, Settlement, Transfer of Ownership and Custody of Securities, as amended (the “SCA Trading & Settlement Regulations“); and the SCA Rulebook (SCA Chairman of the Board of Director’s Decision No. (13/RM) of 2021).

Samir Safar-Aly, MENA FinTech & AI Lead at the international law firm, Baker McKenzie, told Lara On the Block, “SCA is fulfilling its role as the federal level VASP regulator in the UAE. Following Cabinet Resolution No. 111 of 2022, in addition to being the UAE’s federal-level securities, commodities and capital markets regulator, SCA became the federal VASP regulator. This is a positive step towards making the UAE, as a whole, a jurisdiction with a supportive legal and regulatory framework for Virtual Assets and Crypto-related services. There are significant consumer protection and financial crime related concerns within the Virtual Assets and Crypto sector, and having a regulatory framework to support growth is what many major players in this space are often struggling to find in other jurisdictions.”

Baker Mckenzie  states that the SCA have taken a similar approach to that of the DIFC’s DFSA and the ADGM’s FSRA (both of which have taken a ‘Recognized Crypto Token’ / ‘Accepted Virtual Asset’ approach) in that no VAs may be traded on such platforms unless approved on the SCA’s Official List of Virtual Assets.

UAE Cabinet Resolution 112 outlines that VARA’s decisions shall be consistent with the decisions issued by the SCA.

As for the relationship between SCA and other regulatory authorities, Samir, explains to Lara on the Block, “Under both Cabinet Resolution No. 111 and No. 112 of 2022, the relationship between SCA and other “Local Licensing Authorities” (which only includes VARA at the moment), makes it clear that the SCA would retain sole regulatory remit over “digital securities” and “digital commodities” in Onshore UAE. Separately, UAE Cabinet Resolution 112 outlined the relationship between the SCA and VARA in particular, whereby there will be joint regulatory roles between the two authorities through delegated authorities (granted to the SCA under UAE Cabinet Resolution 111) to VARA accordingly.”

As per Baker McKenzi, the second of the New SCA Regulations, amends certain provisions of the SCA Rulebook in relation to VAs and includes VAs to the list of products that may be dealt or brokered by SCA-regulated financial institutions.

The definition of ‘Brokers’, ‘Dealers of Financial Products’, ‘Financial Consultation’, ‘Portfolio Management’ and ‘Custody’ services, all now extend to and cover VAs, with relevant compliance-related obligations.

Samir explains, “Under the new SCA regulations, existing SCA-regulated financial institutions can extend their activities to Virtual Assets. However, this will need to be in collaboration with discussions with SCA to ensure that adequate systems, controls, expertise and disclosures are in place, including relevant amendments to regulatory business plans and compliance / AML policies”

Finally a new Category 7 License in relation to VASPs has been added to the SCA Rulebook, outlining the following capital requirements, a capitalization of AED 1 million plus six months of operating expenses if the activity is operating a VA Exchange Platform only; a capitalization of AED 2 million if the activity is the Brokerage of VAs; a capitalization of AED 4 million plus six months of operating expenses if the activity is the Custody of VAs; and a capitalization of AED 5 million plus six months of operating expenses if the operator of a VA Exchange Platform provides any other VA service.

As for the future, Samir expressed that both digital Securities and digital Commodities, under Cabinet Resolution No. 111 of 2022 remain in the regulatory purview of SCA in Onshore UAE including the ‘Onshore’ Dubai territory that VARA covers. He expects SCA to issue guidance relevant to such products in the near future.

As for payment tokens, Samir clarifies that this is the regulatory remit of the Central Bank of the UAE (CBUAE). When VARA issued its Rulebooks in February this year, it noticeably did not issue its Payments & Remittances Services Rulebook. He states,” I would expect this to be issued in due course once similar arrangement to those that have taken place between VARA and SCA, take place between VARA and the CBUAE.”

The second biggest global crypto exchange Coinbase intends to set up regulated entity in UAE

The second biggest global crypto exchange Coinbase intends to set up regulated entity in UAE

According to a recent blog post published by CoinBase the second biggest global crypto currency exchange, the company revealed that is in talks with UAE’s regulator in Abu Dhabi, FSRA ( Financial Service Regulatory Authority)  part of ADGM (Abu Dhabi Global Market) to expand its regulated operations to the UAE.

The expansion is part of its global scale to go broad and deep. As part of its strategy, Coinbase will establish regulated entities and local operations in high-bar regulatory jurisdictions abroad to focus on international growth.

As per the blog post, “Coinbase is focused on international growth and is working with several high-bar international regulators to establish regulated entities abroad that safely facilitate trading solutions and provide products the crypto community demands. Coinbase will continue to launch foundational products that are a gateway to Web3 and crypto across the globe while launching localized infrastructure and public facing products with a full suite of services.”

The post adds, “We have accelerated our UAE plans with Abu Dhabi Global market regulator. We are in discussion with the Financial Services Regulatory Authority (FSRA) in Abu Dhabi Global Market (ADGM) regarding a potential license for a regulated exchange. ADGM is a renowned international financial services center. ADGM is known for having a well-regarded, comprehensive regulatory framework and is committed to operating a fair and efficient regulatory environment for global market participants. ADGM has developed and supported the regulation and trading of cryptocurrencies and Coinbase intends to help further their vision. “

This comes as Binance seeks to receive a regulated license from both ADGM and Dubai’s Virtual asset regulator. While others such as Kraken has closed its operations in UAE. 

UAE Securities and Commodities Authority and Dubai’s Virtual asset regulator race against the clock to regulate virtual asset entities

UAE Securities and Commodities Authority and Dubai’s Virtual asset regulator race against the clock to regulate virtual asset entities

The virtual regulatory environment is heating up in Dubai and across the UAE as both UAE’s Securities and Commodities Authority and VARA race towards regulating virtual asset entities both across UAE as well as in Dubai. The UAE Securities and Commodities Authority in a recent press release announced that it has opened up registration for those seeking licenses as virtual asset providers across UAE and has added new licensing virtual asset sectors, while Dubai’s VARA is working with both the Dubai’s Department of Economy and Dubai’s free zones to ensure the set deadline of 30th April for all initial disclosure questionnaires (IDQs).

As stated in the release all virtual asset providers who have a presence in the UAE with exception to those who are licensed in financial free zones are required to apply for a license from UAE SCA authority while entities in Dubai should apply through the unified requirement of both Dubai’s Virtual Asset Authority and SCA enabling them to quickly and easily received their virtual asset service provider licenses.

As per the recent regulations set forth by UAE SCA regarding the operation of virtual asset platforms under Article 3, virtual asset providers in the UAE are not allowed to trade virtual assets until after they have been listed as official licensed virtual asset service providers by the regulatory bodies.

As per article 6 SCA can request documents from virtual asset providers and has the right to oversee, regulate and review the activities of virtual asset platforms. UAE SCA will also have the right to approve virtual assets traded on these platforms as part of the officially accepted virtual asset list.

UAE SCA added that as per recent amendments, SCA has also added other regulated activities to its list of licenses, including virtual asset brokerage services, virtual asset custodians, virtual asset operators, and virtual asset service providers as well as virtual asset wallets.

But this is not all, Dubai’s Virtual Asset Regulatory Authority also announced it is working with Dubai’s Department of Economy and Tourism (DET) and Free Zone Authorities (FZAs), towards meeting the set deadline of 30th April for all initial disclosure questionnaires (IDQs) across the sector to be received as the first step towards the migration of the market to a regulated regime.

Under Cabinet resolution No. 111 of 2022 concerning the regulation of virtual assets and their service providers, which came into effect on 15th January 2023, all companies operating in or seeking to operate in this sector in or from the emirate of Dubai must be licensed by VARA. VARA has been actively engaged, with DET and Dubai’s numerous FZAs to facilitate the seamless transition of existing Virtual Asset Service Providers (VASPs) into the VARA regulatory regime as well as formalize the application process for new regulated licenses.

Helal Saeed Almarri, Director-General of DET, said, “Under the directive of H.H. Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of Dubai Executive Council, we are making progress with Dubai’s D33 Agenda which outlines our mission to establish the Emirate as the capital of the Future Economy anchored by Metaverse, AI, Web3.0 and Blockchain. The virtual assets sector that spans all these pillars is integral to the strategy presenting a dynamically evolving ecosystem that fuels all aspects of sustainable economic growth. Ensuring that our marketplace is secure, participants are responsible, and investors and consumers are effectively protected is our top priority. With key stakeholders responsible for commercial licensing across the Emirate working closely to deploy VARA’s full market regulatory construct, we aim to set a benchmark that positions the Emirate of Dubai as a global role model for VA sector development”.

Legacy market operators carrying out VA activities in Dubai (excluding DIFC) are required to declare their desire to undertake regulated activities by submitting an IDQ to their current licensing authority – DET or any of FZAs, by the final deadline of 30th April 2023. Upon subsequent receipt of an Application Acknowledgement Notice (AAN), operating VASPs will commence the appropriate course of action for those requiring regulation or registration under VARA by 31st August 2023.

Dr. Mohammed Al Zarooni, Secretary-General of the Dubai Free Zones Council, added, “Dubai’s Free Zones have been an integral part of the business landscape for decades, providing start-ups, entrepreneurs and overseas companies looking to establish regional headquarters with access to a geographically strategic, multicultural, dynamic and bureaucracy-free environment. We have witnessed growing interest from virtual assets-focused entities who are keen to adhere to the VARA licensing regime. Adopting the new regulations, provides a safe and sustainable operating environment for VA companies and further establishes Dubai as a credible destination for this sector”.

A total of seven distinct types of regulated VA activity licenses can be applied for: Advisory Services, Broker-Dealer Services, Custody Services, Exchange Services, Lending and Borrowing Services, Transfer and Settlement Services and Management and Investment Services.

Commenting on the imminent April deadline to receive all legacy operator IDQs as the first phase of the migration plans, Henson Orser, Chief Executive Officer, VARA, said, “VARA has been working closely with both DET and the emirate’s Free Zone Authorities in order to ensure a smooth transition for legacy VASPs in Dubai, many of whom were at the forefront of innovation in this space. This transition was further supported by VARA’s Minimum Viable Product (MVP) program, a time bound initiative that enabled new applicants to set up operations and become market ready until official release of our full suite of regulations on 7th February 2023. The introduction of the Virtual Assets and Related Activities Regulations gives the existing companies, a clear timeline to ensure that they submit their initial disclosures by the end of April.”

KSA working on policy decision to define different virtual asset types

KSA working on policy decision to define different virtual asset types

During the Financial sector conference 2023 in Riyadh KSA, Mohsen Al Zahrani, Virtual assets and CBDC Program Director at Saudi Arabia’s Central Bank, told Anna Tutova, CEO of Coinstelegram media platform when asked about the regulation of cryptocurrencies in the country, that there is a current forum looking into  that, yet no policy decision has been made yet on different virtual asset types.

He noted in his reply during a panel discussion on CBDC, public money in the digital age, “We are working on a policy decision with the Saudi Central Bank and other relevant governmental agencies.”

KSA appointed AlZahrani in September 2022 to lead the virtual assets and digital currency program at the Central Bank.  In January 2023, The Saudi Central Bank (SAMA) confirmed that the Central Bank is continuing to experiment on Central Bank Digital Currencies (CBDC).  SAMA is currently working on a project that focuses on domestic or national wholesale CBDC use case in collaboration with local banks and FinTech’s. Experts explained to LaraontheBlock that this is a CBDC for local wholesale bank settlements.

During the 2023 World Economic Forum’s session on Financial Institutions innovating under pressure, the Saudi Arabian Minister of Finance Mohammed Al Jadaan states that while CBDCs have privacy issues they are fantastic tool in developing countries.

Prior to this KSA had engaged in a pilot with UAE on CBDC Aber project for cross border wholes sale CBDC transactions utilizing Hyper Ledger Fabric at the time.

Kucoin cryptocurrency exchange revealed in a report published in July 2022 “ Crypto Verse Report on adoption of digital currencies in Saudi Arabia” that 3 million Saudi Arabians are crypto investors who currently own cryptocurrencies or have traded in past six months. This means 3 million out of an adult population of 21 million or 14 percent currently own cryptocurrencies.

The survey also found that another 17 percent of adult population surveyed, was crypto curious and are likely to invest in crypto in the next six months. This would be imply that by the end of 2022, 31 percent of Saudi adult population or 6.6 million will be trading or owners of cryptocurrencies.

Sygnum Digital asset bank receives license from UAE ADGM and opens its hub in Abu Dhabi

Sygnum Digital asset bank receives license from UAE ADGM and opens its hub in Abu Dhabi

Sygnum, a global digital asset bank, has opened its Middle East hub in the Abu Dhabi Global Market international financial center to provide a portfolio of Swiss-regulated crypto banking services after receiving its license from UAE ADGM. 

Sygnum Bank Middle East has received a Financial Services Permission (FSP) from the Abu Dhabi Global Market (ADGM) Financial Services Regulatory Authority (FSRA), following its in-principle approval in October 2022. Seasoned Middle East Executive, Giulia Finkbeiner-Bertoni, leads Sygnum’s operations across the region and opens the office in the ADGM International Financial Centre.

Sygnum Bank Middle East will offer personal, concierge-style client service, enabling convenient local client access to a portfolio of Swiss-regulated digital asset banking, asset management, tokenization and B2B banking services. With regional demand for regulated crypto services on the rise, clients will be drawn from a diverse range of sectors, ranging from existing local crypto foundations and projects to “traditional” institutional investors and qualified HNWI looking for trusted crypto asset exposure through a regulated partner.

Sygnum Bank Middle East’s Senior Executive Officer, Giulia Finkbeiner-Bertoni, said, “The UAE has a proactive investment program, a progressive crypto regulatory framework and a dynamic, tech-driven economy. We look forward to leveraging this momentum by bringing Sygnum’s trusted digital asset services to Abu Dhabi and the region.”

Sygnum’s local presence in Abu Dhabi enables it to directly access a large and increasingly crypto-active wealth management market. According to new research[i], the Emirate of Abu Dhabi is a true “falcon economy” possessing the highest economic growth in the MENA region. Abu Dhabi has the potential to become a future regional and international hub for Web3, metaverse and blockchain-based projects.

Welcoming the FSP announcement, Arvind Ramamurthy, Chief of Markets at ADGM said, “ADGM congratulates Sygnum Bank ME for obtaining their Financial Services Permission from ADGM’s FSRA and welcome them to our rapidly growing business ecosystem. We believe that Sygnum’s regulated finance offering in Abu Dhabi is a significant addition to our community and will contribute to the growth of the region. As the largest regulated jurisdiction for digital assets in the MENA region, ADGM acts as a catalyst with the right tools that enable the growth of such companies within the UAE’s financial sector. With Sygnum’s presence in the region, we are committed to upholding market transparency and integrity that bolsters the economic growth of Abu Dhabi, attracts global companies and aids in making it a digital-first international financial hub for seamless business transactions.”

Exclusive Interview with CEO of Dubai’s Virtual asset regulator on the leading role VARA will play in global regulations

Exclusive Interview with CEO of Dubai’s Virtual asset regulator on the leading role VARA will play in global regulations

In March 2022 Dubai announced the launch of the world’s first virtual asset regulatory authority. The authority would be set up to grant blockchain and crypto licenses in Dubai UAE. VARA then announced the first presence of a virtual asset regulatory authority in the metaverse with its headquarters in the Sandbox. Soon afterwards VARA hired the first CEO to head a virtual asset regulator, Mr Henson Orser.

As per the recently published rulebooks the goal of VARA is to promote the Emirate and ultimately the UAE as a safe and progressive jurisdiction worthy of attracting meaningful Virtual Asset growth and innovation, in complement with all related UAE Government programs, and  position VARA and the UAE as globally trusted and respected in the realm of international law.

Henson Orser in an interview with LaraontheBlock clarifies how the first global comprehensive rule book for VASPs and issuance of virtual assets issued by VARA in February 2023 is achieving its aim of becoming a global leading regulatory authority and jurisdiction.

The importance of VARA for UAE’s D33 strategy

Orser believes that VARA not only aims to help develop the virtual asset regulations globally given the enormous demand for regulatory clarity worldwide but is also a part of the broader initiative under D33 (Dubai 33). He explains, “Dubai’s D33 Economic Plan has outlined our mission to establish the Emirate as the capital of the Future Economy. VARA was launched as the world’s only independent and specialist regulator for Virtual Assets to serve as the accelerator for a truly borderless Digital Economy. Our regulatory framework, which is first of its kind, has been structured to accelerate Dubai’s economic agenda and sustainable market growth.

VARA according to Orser assists in achieving the objectives of Dubai 33, a strategy that targets to double the size of Dubai’s economy to $8.7 trillion by 2033 making it top three global cities, because it encourages innovation and technology which will attract individuals and companies to the city.

He adds, “VARA follows Dubai’s footsteps in global innovation, fostering collaboration between public, private and government entities to enable economic independence and create long term value. Dubai’s virtual asset regulations set out a comprehensive framework built on principles of economic sustainability and cross-border financial security. Ultimately, by defining an equitable framework, we help mitigate risk and create space for newcomers and seasoned players alike to innovate responsibly.

Dubai VARA and its relation to UAE Securities and Commodities Authority

On January 14th 2023, the UAE Security and Commodity Authority released its federal regulations on crypto assets. It shed light on the interaction between the jurisdictions of VARA and SCA, by stating that no person may engage in Virtual Asset Activities in the UAE without obtaining a license from “the [SCA] or the Local Licensing Authorities such as VARA.

Questions have arisen as to the roles of both SCA and VARA. Is an SCA licensing enough to operate in Dubai and do entities regulated by VARA are overseen by SCA?

Orser when asked about the relationship with VARA noted that as we are dealing with a globally integrated, and borderless virtual economy. VARA is extremely fortunate to have such strong internal alignment and synchronization of local and federal efforts. He states, “These are absolute must-haves. Reflective of the UAE’s commitment to the new economy and confidence in the Metaverse and Web 3.0 ecosystems, VARA serves as the central authority for this specialized global industry mandated to provide VA oversight across the Emirate of Dubai [except DIFC], fully supported by relevant UAE Regulators and Legal Authorities to create a Global Operating Benchmark.”

He adds, “To this end, Cabinet Resolutions No. (111) and (112) of 2022 have been very effective in providing clarity on how the VA industry standards setting, rules enforcement and market protection responsibilities and authority assigned to VARA for the Emirate of Dubai, will be supported by SCA’s assurance of an agreed acceptable operating baseline across the wider UAE. Similarly, the UAE CB and SCA being the custodians responsible for National FATF compliance – will provide the guidance on Anti-Money Laundering [AML], Combating the Financing of Terrorism [CFT] and such other rules that warrant uncompromised consistency in execution.” 

The importance of compliance to FATF

In June 2019, the Financial Action Task Force (FATF) adopted an Interpretive Note to Recommendation 15 to further clarify how the FATF requirements should apply in relation to Virtual Assets and Virtual Asset Service Providers.

VARA has exhaustively taken the FATF AML/CFT guidelines to heart in its extensive 7 Rulebooks.

Orser explains, “Compliance to FATF and its AML/CFT guidelines are an absolute top tier global principle that we adhere to and aim to set the global standard for. There is no compromising on these guidelines within VARA and so people entering the VARA regime can expect a zero-tolerance for failure environment, here in Dubai..”

VARA Positive stance on crypto staking

Globally, 2023 has seen a lot of news related to cryptocurrency staking service and severe penalties and fines being imposed by regulators where such programs were being undertaken without relevant supervision. In the VARA Rulebooks, staking is a fully regulated activity as VARA feels strongly for the need for full investor disclosure, including marketing and solicitation activities being tailored for specifically qualified audiences.

Further elaborating on VARA’s perspective in permitting VA staking, Henson explained “We strongly believe that so far as a VASP exhibits the right level of responsibility and demonstrates robust transparency, investors must be able to effectively benefit from the offering that is built on permissioned DeFi protocols with proper regulatory guardrails and mandatory disclosures. When it comes to proof of stake versus proof of work tokens, we are also studying many of the interesting developments in protocols, with a strong focus on environmental sustainability.

VARA DeFi Regulatory Sandbox

While the term DeFi is not specifically referenced in the 7 Rulebooks from VARA, DeFi lies very much at the core of Dubai’s Future Economy considerations. 

 Orser explained that VARA’s Rulebooks have focused on facilitating borderless ‘value-exchange’ both in the traditional and new economy contexts, by leveraging a full spectrum of cross-cutting ‘activities’, which should not in any way be construed as TradFi specific. 

He states, “We are well aware that in this sector new technologies and products will be continually emerging, and constructively challenging traditional financial systems. It is exactly for this reason that VARA has been constructed as a technology agnostic and product-neutral framework that allows us to remain progressive and future-focused.  This means that our regime will provide for R&D sandboxes to test, learn and evolve prototypes across DeFis and DAOs today, to wider innovations across Metaverse and Web3.0. As we have maintained, the VARA Regulations will strike a measured balance between remaining agile so we benefit from future waves of technological innovations, yet being definitive in their ability to provide the required market certainty, FATF assurances, and cross-border security which are non-compromisable to us.”

Privacy coins no go at VARA

The rules on privacy coins are pretty simple says Orser. “Rather than going through specific examples of coins that will or will not be prohibited, we think it is important to emphasize how this issue is handled in VARA’s regulations. Our definition of an anonymity-enhanced cryptocurrency states that the prohibition will apply when a VASP has no means of establishing traceability or identifying ownership in relation to that cryptocurrency. If a VASP or a particular token or coin has the right technology or mechanisms to establish traceability or identify ownership, then Virtual Asset activity on that cryptocurrency may be conducted.” 

VARA is therefore focused on preventing financial crime and ensuring that the highest standards are met by VASPs in the areas of anti-money laundering and combating the financing of terrorism.

He concludes, “We hope the above provides you with a better understanding of VARA’s approach to this issue”.

NFTs within VARA regime

While no direct reference was made to the term NFTs [Non-Fungible Tokens] within VARA’s Rulebooks, Orser says that this again refers to the product neutrality of VARA’s rule sets, and what VARA will govern is the activity of issuance which will include NFTs.

He explains, “To the extent that an entity or someone is issuing an NFT, VARA will determine whether the NFT issuance warrants regulation or is substantive enough to be registered under regulatory supervision within VARA. After that the consequent distribution, buying and selling of that NFT are covered in our Exchange, Brokerage and Payment and Remittance Rulebooks.”

Virtual asset mining under VARA

While VARA did not offer a rule book for virtual asset mining activity, in its Rulebook on VASPs it mentions virtual asset mining stating that all VASPs which have investments in Virtual Asset mining or staking businesses or conduct or facilitate Virtual Asset mining or staking activities [including by way of selling equipment] shall make publicly available in a prominent place on their website, up-to-date information related to, the use of renewable and/or waste energy [e.g. hydroelectric energy, flared gas] by the VASP or its Group in the course of conducting Virtual Asset mining or staking activities as well as initiatives relating to decarbonization [e.g. purchase of carbon offsets] and emission reduction of Virtual Asset mining or staking activities.

Orser clarified, “As we have maintained the principle of VARA’s framework is its ‘live’ nature which particularly applies to topics like ESG that are globally evolving, and rapidly maturing around us. We are constantly getting feedback, and suggestions from VASPs as well as other regulators that have subject matter expertise. As such we will on a quarterly basis look to include relevant advancements in some of these globally acceptable principles in order to make the end result truly borderless and interoperable.”

The End of FTX

The FTX debacle set the crypto ecosystem years behind according to experts in the industry. With the launch of VARA and the publication of its rulebooks, will disasters such as FTX happen again?

Orser believes that 2023 will see greater regulation in this industry with a focus on consolidation, international coordination, financial crime compliance and consumer protection in light of the ongoing hyper-volatility surrounding the VA industry.  He noted that, “Dubai has found strong acknowledgment from international peers for its unwavering stance. Most importantly it has been heartening to see that the industry itself is keen on having regulatory oversight, supervisory support and facilitation of responsible actors, and to this end VARA remains committed to working with the industry and peer regulators to ensure that market stability and investor protection remain sacrosanct.”

Note: This is a copyrighted interview any replication of this interview has to be as carried out with exact quotes from CEO of VARA and sourced to LaraontheBlock 

Jordan on FATF grey list because of virtual assets risks

Jordan on FATF grey list because of virtual assets risks

On February 24th 2023 FAFT released its latest grey and black list. For those who are on the grey list it means that these jurisdictions are under increased monitoring and are actively working with the FATF to address strategic deficiencies in their regimes to counter money laundering, terrorist financing, and proliferation financing.

As per the recent announcement by FATF, “When the FATF places a jurisdiction under increased monitoring, it means the country has committed to resolve swiftly the identified strategic deficiencies within agreed timeframes and is subject to increased monitoring. This list is often externally referred to as the “grey list”.”

Of the Arab countries on the grey list, was Jordan. It was on the list because of risks in virtual assets. As per FATF one of the reasons for it being on the list was because it needed to address strategic deficiencies including “completing and disseminating the money laundering and terrorist financing risk assessments of legal persons and virtual assets.”

It was interesting to see the term virtual assets in relation to Jordan because Jordan has not been on the list in terms of countries with high crypto ownership or transactions. Other countries such as Egypt, Morocco, and Lebanon are much more active in crypto. yet FATF chose to include the risks of virtual assets as one of the reasons it was one the grey list. 

According to Triple A crypto ownership report, the percentage of Jordanians who own crypto is just 1.5 percent equivalent to 170,000 people as of January 2023 an increase from 1.25 percent in 2022.

Concurrently, the IMF after its technical report on Jordan’s Central Bank feasibility for the launch of retail CBDC after a three month mission, recently released its report. IMF gave Jordan’s existing payment market a positive review calling it well integrated.

Nonetheless, The IMF stated that an rCBDC would enhance financial inclusion by providing services to residents without smartphones and could also improve the domestic payment system by making its infrastructure available to PSPs and lowering the cost of cross-border transfers.

The IMF however warned to avoid disintermediation in the Jordanian financial system, as it could contribute to instability in times of stress. The IMF found that an rCBDC could increase cybersecurity risks as an attractive target. “Sound legal underpinnings for an rCBDC should also be created,” the report said. 

In its report the IMF noted, “RCBDC may offer some benefits, but it does not necessarily address pain points. On the other hand, a cross-border rCBDC could add value, particularly if the authorities coordinate with other countries in the region.”

Jordan’s Central Bank had announced in February 2022 that it was researching a CBDC. Cointelegraph article noted that a central bank proposal to introduce crypto trading met with resistance in the parliament.

Whatever the case, Jordan being on FATF grey list because of virtual assets risks is another reminder of the need to regulate crypto assets.

Oman announces upcoming launch of Virtual asset regulatory framework

Oman announces upcoming launch of Virtual asset regulatory framework

The Oman Capital Market Authority has announced that it will  establish the Virtual Assets Regulatory Framework to regulate and develop the market in the Sultanate of Oman.

The Capital Market Authority (CMA), which regulates and develops the Sultanate’s financial markets for the capital market and insurance sectors, is planning to establish the new proposed regulatory framework for Virtual Assets (VA) and Virtual Asset Service Providers (VASP). 

As per the press release, this move highlights the Sultanate’s growing recognition and the CMA’s proactive approach to develop the digital assets and fintech industry in Oman.

This important initiative in Oman was announced during a public stakeholders engagement session held at the CMA recently and being led by the CMA. By regulating and developing the virtual assets industry, the CMA aims to provide an alternative financing and investment platform for issuers and investors, while mitigating the risks associated with this asset class.

The CMA is in the process of defining a comprehensive and facilitative regulatory framework, which will include a new regulation to cover all virtual assets activities, a licensing framework for all VASP categories and a supervisory framework to identify, assess, and mitigate ongoing risks. The aim of this new regulation is to establish a market regime for virtual assets that includes rules to prevent market abuse, including through surveillance and enforcement mechanisms.

The proposed new regulatory framework is envisaged to cover activities such as crypto assets, tokens, crypto exchanges, and initial coin offerings, among others. The regulation for virtual assets in Oman is important, as it will provide a clear and secure framework for the growth of the virtual assets industry. The move towards digitalization and the adoption of virtual assets aligns with the Sultanate’s Vision 2040 of a digitally transformed economy and financial sector, while attracting foreign investments into Oman.

The CMA has also appointed XReg Consulting Limited, an international policy and regulatory consultancy specializing in virtual assets, and Said Al-Shahry and Partners, Advocates & Legal Consultants (SASLO), an Omani law firm, to advise and assist the CMA. This collaboration brings together expertise in policy, law and technology to assist in the creation of a comprehensive regulatory framework for virtual assets in Oman.

Back in  June 2022 Oman Capital Market Authority  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.”

Oman was only one of the first countries in the region to allow crypto mining , mining its first Bitcoin in December 2022.    While The Oman Water and Waste Water Services Company ( OWWSC), member of Nama Group, trialed a stablecoin linked to the Oman Riyal. The company signed an MOU with Oman based Digital Digits, the creators of Easy coins and Connected Chains to trial “ Hasalah” a stablecoin Wallet.   

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.

UAE Digital Economy Council creates Blockchain Sub-committee

UAE Digital Economy Council creates Blockchain Sub-committee

During the UAE Digital Economy Council’s first meeting chaired by Omar bin Sultan Al Olama, Minister of State for Artificial Intelligence, Digital Economy, and Remote Work Applications, seven sub-committees were created including one for Blockchain, another for Fintech and one for investing in digital economy. 

The first meeting which discussed consolidating the UAE’s status as a global hub for the digital economy and a platform for digital innovation to boost the national economy, emphasized the importance of empowering national talents to excel technological areas and augmenting the digital economy’s contribution to non-oil GDP. 

During the meeting, the council approved the formation of seven sub-committees led by members of the council, to cover all goals of the UAE digital economy strategy in areas such as technological infrastructure and blockchain, e-commerce, financial technologies, investment in the digital economy sector, attracting skills and supporting start-ups.

Additionally, a committee was formed to specialize in digital economy statistics and prepare an annual report to measure the performance and indicators of the digital economy in the UAE and ensure sustainable progress in the digital economy.

The council also discussed strategic performance indicators for the digital economy and ways to enhance the UAE’s global position in developing the future digital economy model.