Update: Legality of Cryptocurrencies as for the Beginning of the Year

Update: Legality of Cryptocurrencies as for the Beginning of the Year

We at Finrazor present list of countries and updates on the legality of cryptocurrencies, updated for the fourth quarter of 2018 (full list: https://finrazor.com/trending/country)

In 2018, the blockchain industry and the cryptocurrency sector gained a fair amount of publicity; from an all-time price high to a series of market crashes. As new forms of fundraising, enterprises, startups, and use cases built on the technology emerged governments have been working on overdrive to put order in the clamor, to standardize the industry, and to secure against fraud and other criminal acts.

Here is an updated list of how governments from different parts of the world progressed in its policies for the new industry for the last quarter of 2018.

Territories and Their Updates

Australia

Status: Legal

Bitcoin is treated 'just like money', not subject to double taxation; debating a bill to apply AML to exchanges, will prosecute exchanges without a license.

UPDATE: The Australian Securities and Investments Commission (ASIC) will monitor the crypto markets and ICOs. Will create a policy for regulation subjecting cryptocurrencies to the same scrutiny as stock exchanges.

Brazil

Status: Legal

Statement concerning cryptocurrencies, but is discouraged because of operational risks.

UPDATE: Exchange operators are required to submit monthly reports to the RFB, Brazil's tax collector, on all operations related to crypto. Non-compliance will be fined.

Canada

Status: Legal

Cryptocurrencies must comply with AML and KYC requirements

the Bank of Montreal (BMO) announced that it would ban its credit and debit card customers from participating in cryptocurrency purchases with their cards. This is following another banking ban in Canada from Toronto Dominion. Canadian government postpones release of final regulations for cryptocurrencies and blockchain August 28, 2018.

UPDATE: House of Commons Standing Committee on Finance (FINA) wants to register crypto to fiat transactions and establish a licensing unit similar to BitLincense in the US.

Catalonia

Status: Legal

Barcelona's own cryptocurrency REC (Recurso Económico Ciudadano — Civic Economic Facility).

UPDATE: Government prospects blockchain for e-voting.

Chile

Status: Legal

Central bank considers crypto regulation. 5000 merchants can now accept crypto payments.

UPDATE: The country's Finance Minister says crypto regulation draft bill is in progress. The country’s central bank, the Ministry of Finance, and the Financial Stability Board are working together for a fair framework for the industry.

China

Status: Illegal

Mining firms told to orderly exit business, ICOs banned, shut down domestic exchanges, blocked 124 offshore exchanges, Baidu and WeChat restrict or ban crypto related content.

UPDATE: Security token offerings (STOs) are illegal. The MInistry of Industry and Information Technology calls for the acceleration of the development of blockchain related standards.

Cyprus, France, Greece, Italy, Malta, Portugal, and Spain

Status: Legal

UPDATE: Joined 6 other Southern European countries in signing an agreement for the advancement of DLT through promotion and legislation.

Estonia

Status: Legal

E-residency program floats the idea of issuing crypto tokens but it will not be called a currency.

UPDATE: The country will revise AML laws which will tighten cryptocurrency regulation to prevent money-laundering.

Gibraltar

Status: Legal

Regulatory framework for crypto exchanges and blockchain companies. Supporting fiat wallets may be covered by DLT provider license. Acquiring additional electronic money institution license may not be required. Exchanges in Gibraltar will be subject to 10% corporate tax.

UPDATE: Gibraltar Financial Services Commission licensed the Gibraltar Blockchain Exchange.

Hong Kong

Status: Legal

Resolve bitcoin transactions. Hong Kong Securities and Futures Commission will continue to watch over the market.

UPDATE: Securities and Futures Commission (SFC) announced draft regulations for reducing risks in crypto investing.

India

Status: Illegal

Indian Law Commission to recognize cryptocurrency as a payment method.

UPDATE: The Finance Minister received panel recommendations on crypto regulations. The contents are not yet revealed. And the Ministry of Finance says 'private cryptocurrencies' are banned but using DLT is encouraged. The Reserve Bank of India says Bitcoin is not recognized in the country.

Iran

Status: Legal

Central Bank of Iran will draft a framework for crypto. No final policy for legislating crypto mining yet. Preparing to start own national cryptocurrency.

UPDATE: Iran looks into blockchain to help grow their economy. Recognized mining as an industry. Will develop a national cryptocurrency.

Israel

Status: Legal

In October legislation will come into force, defining virtual currencies as “financial assets” and mandating licensing for related services.

UPDATE: The Israel Tax Authority will go after cryptocurrency tax evaders.

Japan

Status: Legal

Mandatory AML and KYC for exchanges; an exchange study group established.

UPDATE: Published new draft report on ICO regulations, self-regulation, 'deemed dealers', security measures, and addressed the problem of hacking. The Financial Services agency does not consider stablecoins as cryptocurrencies based on the Payment Services Act. The FSA grants JVCEA the right to self-regulate.

Malaysia

Status: Legal

Cryptocurrency regulation under development.

UPDATE: Crypto regulations will be enforced by 2019 Q1 says finance minister.

Nigeria

Status: Legal with Limitations

Central bank attempted to ban bank transactions in bitcoin and other cryptocurrencies.

UPDATE: Union Bank of Nigeria tells citizens to take caution against cryptocurrency transactions and says cryptocurrencies are not legal tender in the country.

Philippines

Status: Legal

Cryptocurrency legalized and exchanges regulated by central bank.

UPDATE: A draft on cryptocurrency regulations could classify cryptocurrency exchanges as traditional trading platforms.

Russia

Status: Legal

Focus on preventing scams; to increase scrutiny for token sales and mining.

UPDATE: The draft bill ‘On Digital Financial Assets’ will return to the reading stage for revisions. State Duma said current draft has no connections with crypto or digital tokens.

Singapore

Status: Legal

Monetary Authority of Singapore warned of the risks associated with using bitcoin in 2013.

UPDATE: The Monetary Authority of Singapore (MAS) completes a basic regulatory bill for the country's payment services which includes cryptocurrencies.

South Korea

Status: Legal

To increase oversight over exchanges; planning joint oversight with Japan and China over cryptocurrency investment.

UPDATE: Incoming Finance Minister Hong Nam-ki wants to tax crypto. And Kwon Dae-young of the financial innovation bureau says the department is trying to institutionalize crypto but harm done to crypt investors must be resolved first.

Switzerland

Status: Legal

Swiss regulators friendliest in the world. Exchanges need to register with Swiss Financial Market Supervisory Authority.

UPDATE: The Swiss Federal Council will take a more relaxed approach to blockchain and crypto startups so that the country can growth with the industry and be the preferred destination for fintech and innovative startups.

Taiwan

Status: Legal

Taiwan government is positive towards blockchain and crypto.

UPDATE: The country will strengthen AML policies aimed at crypto exchanges. Exchanges should be able to monitor and prevent illicit transactions.

Venezuela

Status: Legal

The Petro is considered legal tender. President Marudo has the power to regulate the issuance and regulation of the Petro.

UPDATE: The Petro becomes legal tender in the country. Can be used to purchase goods and services.

Vietnam

Status: Legal

Cryptocurrency cannot be accepted as payment for goods and services. State Securities Commission forbid industry firms from engaging in crypto related activities.

UPDATE: Authorities are unsure of how to implement new crypto regulations. Banned mining rigs but the Ministry of Industry and Trade opposes the ban due to loss of business for the country.

Uganda

Status: Legal

Cryptocurrency is not recognized as legal tender. Binance opens crypto-fiat exchange.

UPDATE: Planning and Finance Ministry completed a draft bill. Will present the draft to parliament for debate and approval.

United Kingdom

Status: Legal

Financial Conduct Authority warns on the risks due to the of lack of consumer protection.

UPDATE: Financial Action Task Force (FATF) recommends the UK to regulate cryptocurrency exchanges. On 19 December 2018, the UK’s HM Revenue and Customs published the tax rule Cryptoassets for Individuals for its citizens trading in or getting paid with cryptocurrency. Citizens are required to pay taxes including Income Tax, Capital Gains Tax, and Inheritance Tax.

United States

Status: Legal

Treasury classified bitcoin as a convertible decentralized virtual currency in 2013; a federal judge ruled that 'bitcoins are funds' in 2016. In June 2018, Supreme Court of the United States debated bitcoin future for the first time.

UPDATE: Two US congressmen who drafted the proposed bills released a joint statement saying the country is for the protection of consumers and crypto investors. The State of Ohio accepts BTC as tax payment. The Token Taxonomy Act, H.R. 7356 was introduced by two US Congressmen on 20 December 2018. The proposed act seeks to disconnect ‘digital tokens’ from securities and grant tax exemptions for crypto-to-crypto trade and individual retirement accounts (IRA).

Related news

PBOC: China’s Digital Currency Not Launching in November

Coinspeaker PBOC: China’s Digital Currency Not Launching in NovemberThe People’s Bank of China (PBoC) announced that the long-awaited central bank-issued digital currency will not be ready in November as it had been predicted in crypto circles. From the bank, they added that reports saying Alibaba and Tencent are among the first financial institutions to receive the currency was incorrect.This came as a surprise because just few weeks ago we could hear that it will “be better than Libra“, and they even enthroned their new digital currency chief Changchun Mu who claimed their upcoming digital yuan would have even more features. Mu also recently took over the role of director of the PBOC’s research institute on digital currencySo, it doesn’t really seem that these were only rumors but rather that the bank couldn’t fulfill some of the law obligements.Be it as it may, this was presented as the “DC/EP” (Digital Currency/Electronic Payments) currency, which has been in the works for five years, and should be the first of its kind to be adopted on a massive scale.Obviously caused by news of Facebook’s cryptocurrency, the central bank quickly went on accelerating the development of its digital money. Let’s not forget they, said its development is one of their focuses for the second half of this year and that it could be launched as early as next year.Now suddenly, the central bank claims information such as the timing of the currency launch and participating institutions was false but explains nothing more about the (real) reasons.The clarification follows a Forbes report from August citing multiple sources who then said the launch of the digital currency was approaching and could fall before the November 11 Chinese e-commerce festival known as Singles Day. The sources also said Chinese commercial banks and payment companies such as above mentioned Alibaba and Tencent will be among the first institutions to receive DC/EP for distribution.The central bank said in the statement that the progress of the DC/EP would be announced in due time and urged the public to follow official announcements.Also let’s not forget that in July, PBoC’s former governor Zhou Xiaochuan said that one option would be to enable “commercial entities” to issue the digital coin, as Hong Kong allows with its dollar. He also said that the announcement of the Facebook-led Libra crypto project meant the government should “make good preparations and make the Chinese yuan a stronger currency” through the digital currency.Be it as it may, while PBoC cannot decide whether they said something to be done or not, Asia Pacific Digital Bank (APDB) already announced the preliminary launch of its stable coin USDA, backed by U.S. dollars on a 1:1 ratio, which is said to be strategically endorsed by the Wall Street Group. The main idea of this currency is to follow the concept of “freedom, equality, and sharing”.PBOC: China’s Digital Currency Not Launching in November
Coinspeaker

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