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Overseas market supervision of virtual currency

Publish: 2021-04-14 12:00:05
1.

although the management of virtual currency is difficult, it can be regulated and punished according to the banking law, criminal law and other relevant laws and regulations

for example, the people's Bank of China stipulates that financial institutions and Payment institutions are not allowed to handle settlement for virtual currency, so there is no trading market for virtual currency in China. However, although there is no settlement market in China, virtual currency may choose to settle overseas, because virtual currency is attached to the Internet and can settle in any country

and it will be more difficult to manage by building a virtual currency trading platform in a foreign website for people to trade. In China, there are also some third-party payment institutions that secretly provide settlement services for virtual currency, which brings some difficulties to supervision

at present, formal payment and settlement institutions are not allowed to provide settlement channels for virtual currency transactions, but informal institutions may still provide settlement services secretly. Even if the informal institutions are cleaned up, some people may choose to go abroad to carry out similar acts

extended information:

for the supervision of virtual currency, we should focus on preventing any form of virtual currency from replacing the function of RMB and engaging in illegal acts through virtual currency, that is, strengthening the supervision of the function and use of virtual currency. We should focus on whether virtual currency is used as currency, not only from the object form of currency to see whether it belongs to forgery and alteration of RMB

any object exercising monetary function within the territory of the people's Republic of China violates the relevant provisions of the law of the people's Bank of China. The virtual currency in the form of code, as long as it is used as currency, is equivalent to counterfeit currency in nature. It can be supervised and punished according to the law of the people's Bank of China and the criminal law

source of reference: People's Daily - experts in cracking down on virtual currency transactions in many places: key regulatory functions

2. bitcoin has been regulated by the US government in the United States. The US Commodity Futures Trading Commission (CFTC) recently released a document saying that bitcoin and other virtual currencies are reasonably defined as commodities, just like crude oil or wheat. This means that bitcoin futures and options are subject to CFTC regulations and regulation. It is necessary to apply for a license to carry out bitcoin related business in New York State, otherwise it will be considered illegal. In California, the attitude of bitcoin and other virtual currencies is relatively friendly, but they need to be registered

in the United States, it is legal as long as we do not use virtual currency to carry out illegal activities. Fuyuan coin is registered in the United States, and treasure coin is also registered in the United States. However, according to relevant media reports, the Chinese Americans represented by Liu Longzhu are targeting an enterprise called Regal group. On September 29, the Chinese company in Los Angeles was seized. The company was accused of using a virtual currency called "treasure coin" to cheat investors by pyramid selling, and Jiang Kun's photo became their propaganda material. In mainland China, there are still people peddling "precious coins", but the peddler did not mention Jiang Kun to mainland buyers.
3. Reason: with the rapid development of information technology, real money is far from meeting people's demand for capital flow. If there are enough people to recognize the value of a virtual currency, it may become a substitute unit of material exchange, and the existence of virtual currency will inevitably cause another upsurge in the financial sector
in view of the possible risks of virtual currency, many international organizations and central banks have responded publicly to the supervision of virtual currency system. These responses can be roughly divided into four categories: warning and risk warning, supervision and registration permission, legislative norms, and explicit prohibition
(1) warning and risk warning
some central banks and regulators have issued risk warnings against the special currency and virtual currency system. The federal financial regulatory authority of Germany, the Bank of France, the central banks of the Netherlands and Belgium have issued public warnings against the possible money laundering and terrorist financing caused by the use of bitcoin. In the report released at the end of 2013, the European Banking authority (EBA) warned consumers of many risks of virtual currency, such as exchange loss, e-wallet theft, unprotected payment, price fluctuation and so on. Although Spain did not have a similar risk warning, it issued a timely information announcement related to virtual currency
(2) supervision and registration license
generally speaking, international organizations believe that the supervision of virtual currency should find a balance between risk prevention and innovation promotion. Since 2012, Sweden has required transactions related to virtual currency to be registered with financial regulators. Other countries pay attention to qualification supervision, so as to make it indirectly meet the requirements of prudential supervision. In other countries, the regulation mainly focuses on the business model of virtual currency transaction. The financial prudential regulatory authority of France regards the provision of bitcoin circulation and trading services and the act of earning funds in the process as a payment service and requires the authorization of the government. In addition, some countries focus on the intermediary institutions related to virtual currency. The German federal financial regulatory agency and Danish regulators believe that the provision of intermediary services for virtual currency needs to be authorized< (3) legislative norms
at present, some countries have proposed legislation to regulate virtual currency transactions. Canada plans to legislate to allow the government to supervise the transaction of bitcoin, and to include the transaction of more than US $10000 into the scope of suspicious supervision. The United States hopes to adjust the relevant legal structure should be compared with the development of the special currency. In order to make the Bank Secrecy Act (BSA) applicable in the context of network, the financial crime enforcement network (FinCEN) of the U.S. Department of the Treasury issued the explanatory guidance on the behavior and subject definition of private generation, holding, distribution, trading, acceptance and transmission of virtual currency in 2013. The European central bank stressed that it should strengthen international cooperation under the existing legal framework, and regulate virtual currency from the European and global level under the existing legal framework. More countries believe that bitcoin is not a currency in circulation, has no legal status, and does not meet the definition of financial instruments, such as Finland, Sweden, Malaysia and Indonesia
(4) it is forbidden
in some countries, bitcoin related transactions are prohibited. In December 2013, the people's Bank of China banned financial institutions from trading in bitcoin, which was subsequently extended to payment service providers. The central banks of Thailand and Indonesia share the same attitude. The circulation of anonymous internet currency (including bitcoin) is prohibited by the Russian judicial inspection department as a substitute for currency. The Central Bank of Russia has earlier included the provision of bitcoin services in the scope of suspicious transaction monitoring. The U.S. Securities and Exchange Commission (SEC) has banned the issue of unregistered shares in exchange for bitcoin, and unregistered online securities trading activities in virtual currency.
4. The difference lies in the fact that some foreign countries are particularly strict in this kind of supervision, while others are particularly loose. In terms of domestic supervision, it is relatively perfect.
5.

On January 18, the business management department of the people's Bank of China issued the "notice on carrying out self inspection and rectification of payment services for illegal virtual currency transactions", which made it clear that the unit and its branches are strictly prohibited from providing services for virtual currency transactions, and took effective measures to prevent payment channels from being used for virtual currency transactions

the notice also shows that for the discovered virtual currency transactions, the payment channels of relevant transaction entities should be closed in time, and the funds to be settled should be properly handled

reported and quoted pan Gongsheng as saying in the memo: "we should always maintain a high pressure on the virtual money market, strictly prevent the risk of virtual money from gathering again, and eliminate the potential risks in the bud." He also said that the national and local authorities should ban the places that provide bitcoin and other virtual currency centralized trading, as well as the so-called "wallet" service providers that provide guarantee and clearing services for virtual currency centralized trading, and indivials or institutions that provide market maker services for centralized trading

6.

is different from Alipay, WeChat and other electronic payment. digital currency is a brand new digital credit currency which is different from traditional credit currency. On the morning of September 9, Zhou Xiaochuan, President of the people's Bank of China, Yi Gang, vice president of the people's Bank of China, and pan Gongsheng, vice president and director of the State Administration of foreign exchange, answered questions from Chinese and foreign journalists on issues related to "financial reform and development.". In response to a question about digital currency, President Zhou Xiaochuan said that bitcoin and other virtual currencies have not been recognized as retail payment instruments, and the central bank does not accept or recognize relevant services at present. At the same time, he also pointed out that the central bank is cooperating with the market to develop digital currency

At the same time, Zhou Xiaochuan also pointed out that digital currency may have some unpredictable effects on financial stability and monetary policy transmission. Therefore, it needs dynamic regulatory measures. Jin Yu, director of the Department of economics, School of economics, Shanghai University of Finance and economics, once commented that "virtual currency" may not only hide the grey transaction or even the black transaction, but also cause all kinds of risks, "crowd out" the real financial innovation, which is not concive to the sustainable and healthy development of Internet finance

7. Australia
in October 2013, bitcoin Bank of Australia was attacked by hackers, with a loss value of more than US $1 million. This incident has aroused the concern of bitcoin security in Australia. The Reserve Bank of Australia and the Australian tax office have said they want a virtual currency tax like a business transfer tax
Bangladesh
the Central Bank of Bangladesh banned the use of virtual currency in September 2014. Using bitcoin will be punished by law
Brazil
Brazil is one of the few countries in the world that has enacted laws related to electronic currency payment systems. Brazil has not banned bitcoin
Bolivia
for regulatory reasons, the Central Bank of Bolivia (BCB) has banned the use of bitcoin. BCB believes cryptocurrency will help business entities evade taxes
Canada
bitcoin is not considered legal, that is, bitcoin is not recognized by Canadian law. Canada's tax authorities plan to implement the same tax plan as barter trade and speculative trading for the bitcoin
China
China is one of the few countries in the world that ban bitcoin completely and prohibit financial institutions and banks from dealing with bitcoin transactions. In December 2013, the people's Bank of China issued a notice calling bitcoin & quot; Virtual goods;, And prevent it from becoming money
trading has been suspended
Ecuador has banned bitcoin, but it has chosen to set up a new state-owned electronic currency and monetary system, and the currency will be protected by the assets of the Central Bank of Ecuador
EU
at present, the EU still has different views on the classification of bitcoin. In October 2012, the European Central Bank's report on virtual currency concerns the legality of bitcoin under the EU legal framework. The European Banking Regulatory Authority issued a bitcoin risk warning, saying that the use of bitcoin has not been restricted at present
Finland
Finland has relevant regulations for the use of virtual currencies such as bitcoin. The relevant regulations are issued by the Finnish tax authority Vero skatt. Any gains arising from bitcoin transactions will be subject to capital gains tax
Hong Kong
Hong Kong has no regulations for bitcoin or any other virtual currency. However, the government is closely monitoring the use of bitcoin to prohibit money laundering, fraud and other illegal activities
India
India does not explicitly stipulate or prohibit the use of bitcoin. However, the Reserve Bank of India (RBI), equivalent to the Central Bank of India, has been forced to shut down India's largest bitcoin trading platform after it issued a notice that the use of bitcoin could cause money laundering and security problems
Israel
the Israeli tax authority is considering levying income tax on bitcoin transactions. Israeli banks even blackmail bitcoin payments
Kyrgyz
Kyrgyz central bank has banned the use of digital currency and bitcoin for the reasons of lack of centralized management, high currency risk and legal problems
Russia
the Central Bank of Russia believes that bitcoin may be used for money laundering and terrorist financing. Therefore, the Russian government banned the use of bitcoin
Taiwan
Taiwan's financial supervision commission is concerned about the uncertainty and speculation of bitcoin, so Taiwan opposes the installation of bitcoin ATM
UK
at present, there are no relevant regulations for the bitcoin. Profits or losses from bitcoin transactions are subject to capital gains tax, while the purchase of bitcoin is still subject to VAT
the U.S.
the U.S. is probably the most supportive country for virtual currencies such as bitcoin. There are no final rules on bitcoin. However, there are also many new rules for the establishment of bitcoin management framework.
8.

Recently, German Finance Minister Peter altemir and French finance minister Bruno lemer jointly held a press conference in Paris, saying that they will jointly promote the global supervision of the bitcoin at the G20 summit in Argentina this year, which will warn that the world's most popular cryptocurrency is being used by illegal groups

the regulation of bitcoin is likely to become a new topic of the G20 summit this year. Lemer has repeatedly said that he will propose to discuss the issue of bitcoin at the G20 summit. As for speculative risk, member countries need to discuss the regulation of bitcoin management together. US Treasury Secretary mu nuqin also said recently that he will work with the G20 to prevent cryptocurrencies such as bitcoin from becoming the digital equivalent of anonymous Swiss bank accounts

Experts suggest that the G20 and some international financial institutions should speed up the formulation of relevant principles and guidelines to provide cases and follow-up for countries to establish coordinated regulatory policies. At the same time, we should achieve global coordination in supervision to jointly crack down on illegal cryptocurrency transactions and crimes

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