Regulations
Amid ongoing legal proceedings, Bitfinex announces Tether loan repayment
Cointelegraph By Andrew Thurman
In a short statement today, Bitfinex — the sister company to centralized stablecoin Tether — announced that it has repaid Tether an outstanding loan balance of $550 million. This action fully closes out a larger $750 million loan from a $900 million credit line first issued in 2018 — a credit line which has been at the center of a market manipulation lawsuit in New York and a broader lawsuit from the New York Attorney General, among other legal proceedings.
“Bitfinex is happy to announce that in January it repaid the remaining balance of $550,000,000 of the outstanding revolving loan facility to Tether,” wrote Stuart Hoegner, general counsel at Bitfinex. “Bitfinex made this payment in fiat currency wired to Tether’s bank account. All interest due on the loan has been paid. The loan has now been repaid early and in full and the line of credit has been cancelled.”
While the loan is repaid, legal action surrounding the loan continues to move forward. iFinex Inc. — the parent company of both Tether and Bitfinex — is facing multiple class-action lawsuits as a result of the loan which allege that the company issued unbacked Tether that was then used to manipulate the market.
The company is also facing scrutiny from the New York Attorney General. Last month iFinex requested that a trial date be pushed back so the company could produce documents requested by Office of the Attorney General — the second such delay the company has requested.
Despite iFinex’s legal troubles not going away anytime soon, Bitfinex and Tether CTO Paolo Ardoino seemed to take a victory lap on social media, poking fun at the community of “Tether truthers” who believe the stablecoin poses systemic risk to the crypto ecosystem:
74% of Tether FUDers be like this now https://t.co/0keEDAJjMZ pic.twitter.com/8F54Xe2HoF
— Paolo Ardoino (@paoloardoino) February 5, 2021
Bitfinex did not respond to a request for comment before publication.
Cointelegraph By Andrew Thurman
Yet another “crypto ban” turns out to be temporary FUD.
In an interview with CNBC this morning, Indian Finance Minister Nirmala Sitharaman said that reports of a blanket ban on cryptocurrencies are overstated. While negotiations are ongoing, she said she expects the end result to be more tempered:
“Yes, a lot of negotiations, discussions are happening, with Reserve Bank,” said Sitharaman. “Obviously the Reserve Bank will be taking a quorum on how, what kind of unofficial currency, cryptocurrency will have to be planned, and how it has to be regulated. But also, we want to make sure that there’s a window available for all kinds of experiments which will have to take place in the crypto world.”
She went on to say that regulations won’t be as “severe” as have been previously reported. Authorities will “look inward” and take a “very calibrated” stance, in contrast to the “mixed messages coming in from across the world.”
“The world is moving fast with technology. We can’t pretend that we don’t want it. […] I can only give you this clue: that we are not closing our minds, we are certainly looking at ways in which experimentations can happen in the digital world, in cryptocurrency and so on.”
Finance Minister @nsitharaman says “Govt. wants to ensure there’s a window for experiments in cryptocurrency space”. ⁰Time for India to innovate and shine!@FinMinIndia pic.twitter.com/fbSH2hzTC4
— BlockchainedIndia (@blockchainedind) March 6, 2021
The comments from Sitharaman is no doubt a source of relief for crypto businesses, users, and hodlers in the world’s second most populous country. Earlier this month, a report from Bloomberg citing a senior Indian financial minister said that the country would be banning all cryptocurrencies.
The hypothetical ban drew widespread criticism from across the crypto community, with some likening it to an attempt to ban the Internet. Some companies found the reports to be hot air, however, and continued on with developments apace.
Cointelegraph By Selva Ozelli
The United Arab Emirates is the world’s sixth-largest oil producer and one of the richest countries in the world, with a gross domestic product per capita of above $43,000 as of 2019, according to the World Bank. As per its “Vision 2021,” Iis petroleum- and natural-gas-reliant economy is committed to sustainable development in order to emerge as the Gulf Cooperation Council’s, or GCC’s, most diversified economy. This includes the digitization of the economy, which has become a priority during the COVID-19 pandemic.
Related: Not like before: Digital currencies debut amid COVID-19
A green economy for sustainable digitization
The first virtual Abu Dhabi Sustainability Week Summit 2021 was broadcast live around the world in English and Arabic on YouTube, receiving over 100,000 views during the event from participants hailing from over 175 countries, and it featured over 500 influential global leaders from government, business and technology who explored the social, economic and technological opportunities supporting a sustainable green recovery from the pandemic.
At the summit, GCC leaders reconfirmed their decarbonization pledges “to save the equivalent of 354 million barrels of oil through the deployment” of renewable energies. This represents a 23% reduction in oil consumption to reduce the power sector’s carbon dioxide emissions by 22%, according to the latest figures from the International Renewable Energy Association.
In his opening address, Sultan Ahmed Al Jaber — the UAE’s minister of industry and advanced technology, special envoy for climate change, and chairman of clean energy company Masdar — pointed out that with the COVID-19 pandemic, society is now witnessing the implementation of artificial intelligence, machine learning and the digitization of different spheres of life all over the world. Accordingly, electrification, decarbonization and digitization initiatives have become increasingly important across all industries.
Masdar’s solar energy initiatives
New digital technologies require a high consumption of electricity, which in the UAE is currently produced predominantly using fossil fuels that adversely impact the environment. Given the UAE’s vast hydrocarbon resources, Masdar is aiming to become a major blue hydrogen producer and contribute to the nation’s efforts to cut polluting carbon emissions by nearly a quarter. Masdar recently reached an agreement with Abu Dhabi’s Department of Energy and five additional institutions to develop clean hydrogen fuel solutions.
But the UAE’s Paris Agreement commitment to zero emissions by 2050 is heavily reliant on solar energy to diversify Abu Dhabi’s energy sector into renewable sources. Solar energy is seen as an anchor to Masdar’s renewable strategies from many perspectives. In Abu Dhabi, it is building the world’s largest solar power plant, as deserts are some of the best places to harvest solar power. They are never short of sunlight and are rich in silicon — the raw material for the semiconductors from which solar cells are made. Another benefit to installing solar panels in the desert, according to a 2018 study, is that it may create a more humid environment that causes vegetation to spread to combat desertification.
Masdar City: The UAE’s aerospace and green technology zone
Developed by Masdar, Abu Dhabi’s Masdar City is one of the world’s most sustainable urban communities, offering a strategic base through which companies can build their networks locally and globally and can explore multiple investment opportunities and test innovative new technologies from inception through to implementation to help the UAE diversify its economy.
Housing a free zone area, the city has more than 900 organizations, from international conglomerates to startups, developing innovative technologies in the areas of energy, water efficiency, mobility, space, blockchain technology and artificial intelligence to address the world’s most critical sustainability challenges in more than 30 countries.
UAE Space Agency
Based in Masdar City, the UAE Space Agency contributes to supporting a sustainable national economy by developing satellites used in natural resource mapping, environmental monitoring, land-use planning and security, and it has also launched a probe to Mars.
Digital economy
The UAE government has made the digitization of its economy a priority in order to bring efficiency to government, creativity to industry, and build international leadership. To accomplish this goal, the UAE has established in Masdar City the world’s first graduate-level, research-based artificial intelligence university, Mohamed bin Zayed University of Artificial Intelligence, which welcomed its first students in January 2021.
The UAE also adopted the Emirates Blockchain Strategy 2021 and The Dubai Blockchain Strategy, which have undertaken several blockchain projects. SustVest is a crowd-investing blockchain-based platform that lets people invest in solar projects and earn returns from consumers who use their funding to install solar panels. The company is based in the Dubai Silicon Oasis Authority and has built its solution on the Nem blockchain. Its founder, Hardik Bhatia, explained:
“The global rooftop solar segment is booming with opportunities, and is valued at over $66 billion. Emerging economies are looking to transition to solar as it offers a green and cheap alternative to conventional energy sources. SustVest enables this transition in emerging economies by crowdfunding rooftop solar projects in emerging economies on its platform. We tokenize solar projects granular to the level of individual solar cells, and investors purchasing these tokens can earn dividends generated by the sale of electricity from these individual solar cells. We are opening the gates for retail investment into solar space, and we do so by tokenizing the projects to reduce the barrier of entry and creating a secondary marketplace for providing liquidity to investors.”
The Central Bank of the United Arab Emirates, along with the Saudi Central Bank, is developing a state-backed bilateral central bank digital currency, “Aber.” Aber is initially set to help the UAE and Saudi Arabia make more cost-effective bank-to-bank, cross-border payments and financial settlements using blockchain technology on a probationary basis, and according to official statements, it will be exclusively available to a limited number of banks. Eventually, Aber will be used globally on China’s blockchain-based service network, or BSN, which will support future CBDCs from various countries such as the UAE.
Related: The United Arab Emirates chase crypto and blockchain adoption
Crypto-asset regulations in the UAE
The UAE prioritizes blockchain and distributed ledger technology and has launched various related ventures, especially since the COVID-19 pandemic. Nevertheless, cryptocurrency regulation in the nation remains limited.
Toward the end of 2020, the UAE’s Securities and Commodities Authority, or SCA, published “The Authority’s Chairman of the Board of Directors Decision No. (21/R.M) of 2020 Concerning the Regulation of Crypto Assets.” The SCA’s decision lays out its licensing regime for anyone who wishes to offer crypto assets within the UAE, including exchanges, crowdfunding platforms, initial coin offerings, custodians, and other services that use crypto assets.
The Financial Services Regulatory Authority, or FSRA, of the Abu Dhabi Global Market considers crypto assets to have characteristics like those of shares, meaning they are to be treated as securities and are subject to information disclosure requirements related to risk and transactions. On the other hand, utility tokens and non-fiat cryptocurrencies are considered commodities and are not subject to market regulations. Law No. 20 of 2018 on Anti-Money Laundering defines laundered funds to be assets in whatever form, including digital currencies. Article 3 of Law No. 8 of 2017 on value-added tax imposes a 5% tax on imported and exported commodities. This tax may apply to utility tokens and non-fiat cryptocurrencies, as the FSRA considers them to be commodities.
The UAE does not have a signed tax treaty agreement with the United States. However, according to the Conduct of Business Rulebook, crypto-asset businesses are obligated to declare international income for tax purposes according to the requirements of the intergovernmental Foreign Account Tax Compliance Act agreement between the UAE and the United States.
Conclusion
A green recovery is an absolute imperative for a sustainable social and economic future in the post-pandemic world, as pointed out by Alok Sharma, president of the 26th United Nations Climate Change Conference of the Parties — better known as COP26 — who praised Masdar’s undertakings in developing green energy technologies.
Related: The need to report carbon emissions amid the coronavirus pandemic
Finding financing for this green transition will likely not be too challenging, according to Khaldoon Khalifa Al Mubarak, managing director and group CEO of Mubadala Investment Corporation. Because a tectonic paradigm shift has occurred since the COVID-19 pandemic, with the markets pricing climate risk into the value of securities, there is a fundamental reallocation of capital toward sustainable investing to ensure a green recovery in a post-COVID-19 world. As Laurence Fink, chairman and CEO of BlackRock — the world’s largest asset manager — pointed out:
“I believe that the pandemic has presented such an existential crisis — such a stark reminder of our fragility — that it has driven us to confront the global threat of climate change more forcefully and to consider how, like the pandemic, it will alter our lives. It has reminded us how the biggest crises, whether medical or environmental, demand a global and ambitious response.”
The views, thoughts and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.
Selva Ozelli, Esq., CPA, is an international tax attorney and certified public accountant who frequently writes about tax, legal and accounting issues for Tax Notes, Bloomberg BNA, other publications and the OECD.
Cointelegraph By Shiraz Jagati
Thailand currently lays claim to one of the more regulated crypto trading markets in the world, with exchanges having to adhere to strict regulatory standards. For example, at the start of the year, Bitkub, the country’s largest cryptocurrency exchange, was shut down by regulators after the trading platform faced a series of lengthy service outages.
Despite these seemingly stringent conditions, the country’s crypto market has continued to thrive. That being said, a tipping point came recently when Thailand’s Securities and Exchange Commission released a statement that it plans to enact a 1-million-baht (about $33,000) annual income minimum requirement for crypto investment in the country.
The decision was met with immediate backlash from the local investor community — as it would potentially exclude low- and middle-income earners from the cryptocurrency market — so much so that the regulatory body had to clarify its above-stated stance within days of making the announcement.
In this regard, the SEC noted that the previous draft document was just a means of gauging investor sentiment, with Ruenvadee Suwanmongkol, secretary-general of the Thai SEC, claiming: “I proposed the criteria that many considered too tough to prompt people to express their opinions on the matter and did not intend to say these are the exact qualifications that will be implemented.”
Providing his thoughts on the matter, Pinpraaj Chakkaphak, CEO of local cryptocurrency exchange ERX, told Cointelegraph that the original intention of the SEC was not malicious but one that sought to create a mechanism that could help protect investors from any unwarranted market risks, adding:
“We understand the good intentions of the SEC. However, many stakeholders in the digital assets market and the majority of the public disagree with the plan. From ERX’s point of view, this protection mechanism should not focus on minimum income; instead, it should come in the form of improved information disclosure by operators and investor education.”
Regulations should not impede market growth
To gain a better overview of the situation, Cointelegraph spoke with Konstantin Anissimov, executive director at CEX.IO — one of the most widely used crypto exchanges in Thailand. In his opinion, by taking a stance that potentially hampers lower-income families from gaining access to a potentially lucrative investment class, the SEC was going against the very fundamentals of a free-market economy and freedom of choice.
However, on the other hand, he did concede that if a majority of the lower-income population did not have any basic financial education and understanding of the risks of such investments, the SEC’s approach may have been the only way to protect the public’s best interests. Anissimov added:
“Multiple approaches can be taken, and minimum income is just one of them. I am sure that the Thai SEC will take on the feedback received from the investment community and act in the interest of its population.”
Additionally, in a statement shared with Cointelegraph, Akalarp Yimwilai, CEO of a local crypto trading platform Zipmex, pointed out that he sincerely believes that the proposed draft law comes from a place of good intent and that it serves to protect investors by minimizing unnecessary risks.
He highlighted that the Thai crypto market is still in its infancy and that regulations around the space have only come into being around three years ago. As a result, the SEC is still looking to craft a legal framework for this asset class that can protect investors from future risks. However, Yimwilai did go on to say:
“The proposed draft aims to protect, but it is important to also see that in doing so, a higher wall is being proposed which limits the opportunity of access to digital assets for many in this country. The key here, I believe, is to work hand in hand with the SEC to ensure the sustainability and height of that wall.”
Lastly, he believes that if the current draft was to get implemented, it could potentially lead to a substantial rise in the number of scams, potentially driving investors into an unregulated market where they could run into uncharted territory. Not only that, it could also lead to a lot of much-needed capital flowing out of Thailand, resulting in the long-term detriment to the country’s development and finances.
The Thai crypto market has been booming
The Thai digital assets industry has grown significantly during recent months. According to the country’s SEC, the number of cryptocurrency trading accounts within the county has risen from 160,000 at the end of 2020 to 470,000 on Feb. 1. Not only that, approximately 50% of these accounts are owned by investors younger than 30 years of age.
Furthermore, Chakkaphak pointed out that crypto trading volumes in November 2020 lay at 18.44 Billion THB, compared to 100.90 billion in February 2021, thus showcasing a staggering increase of 447.18% within a matter of just three months. He went on to add:
“Investors wanting to invest in the traditional stock market or in digital assets should educate themselves and do in-depth research. Our priority is to enable and educate investors to learn and build knowledge about investing in digital assets, as it is a new opportunity for all investors.”
Also, according to Yimwilai, Zipmex traded $1 billion in 2020 in Thailand, with the figure expected to grow exponentially in 2021. Not only that, but the cryptocurrency exchange was also able to raise $6 million in fresh funding from U.S.-based VC firm Jump Capital.
He further highlighted that the assets under the company’s management are currently valued at around $100 million, which seems to back up the notion that the Thai masses are ready to dive head first into the burgeoning crypto sector.
Do things look promising?
Though for now, the SEC seems to be backtracking on its initial outline for market entry requirements. According to the Suwanmongkol, people who are putting their hard-earned money into cryptocurrencies are mostly new investors who may not be fully aware of the risks that come with investing in high-risk, highly volatile assets. “If the SEC just stands by and does nothing, it would be totally our responsibility if investors lose on cryptocurrency,” she added.
Lastly, the SEC reportedly had a dinner talk with representatives from local digital exchanges recently, suggesting that the government agency may still be looking to consult prominent members from within the space. The final hearing, regarding the matter, will take place on March 24 before the survey finally closes on March 27.
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