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Singapore Enforces New Anti-Money Laundering Rules: Tightens Crypto Regulations to Combat Money Laundering

On 4 October 2024, the Singapore’s Inter-Ministerial Committee (IMC) issued its report, presenting the findings and recommendations following a comprehensive review of Singapore’s Anti-Money Laundering framework. The report discusses in detail the areas of the AML system, assesses its effectiveness, and proposes improvements to strengthen Singapore’s stance against money laundering activities which aim to align Singapore’s regulatory measures with global best practices and ensure that the framework remains effective and responsive in emerging financial threats. In background of this on 15 August 2023, the Monetary Authority of Singapore, in collaboration with government bodies such as the Singapore’s Ministry of Finance, Singapore’s Ministry of Home Affairs, Singapore’s Ministry of Law, and the Singapore’s Immigration and Checkpoints Authority, took steps to dismantle the money laundering network. This joint operation led to the arrest of ten individuals and the seizure of more than...

UAE Introduces New VAT Regulations Affecting Virtual Assets: What Businesses Need to Know

On 6 September 2024, the UAE Cabinet issued Cabinet Decision No. 100 of 2024, significantly amending the Federal Decree-Law No. 8 of 2017 on Value Added Tax. This announcement introduced amendments specifically addressing the VAT treatment of virtual assets and other financial services. These changes are designed to clarify how businesses should approach the taxation of digital assets, such as cryptocurrencies, as the UAE continues to adapt its tax laws to the evolving digital economy. The new rules are scheduled to come into effect on 15 November 2024, and businesses involved with virtual assets must ensure they comply with these updated regulations to avoid penalties. Under the previous VAT framework, the treatment of virtual assets, including cryptocurrencies and other digital tokens, was not clearly defined. This ambiguity led to varying interpretations and inconsistencies in VAT reporting for businesses dealing with virtual currencies. With the Cabinet Decision No. 100 of 2024,...

Dubai AI & Web3 Festival conducted by DIFC Attracts Participations for Over 100 Countries

On 12 September 2024, under the directives of His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of the Higher Committee for Future Technology and Digital Economy, the Dubai AI & Web3 Festival successfully concluded, drawing over 6,800 attendees from more than 100 countries. The two-day festival, organized by the Dubai AI Campus in partnership with the Dubai International Financial Centre (DIFC) and the Minister of State for Artificial Intelligence, Digital Economy & Remote Work Applications Office, showcased the growing commercial potential of AI and Web3 technologies. The event basically discussed Dubai’s role as a global hub for future-focused industries, attracting government officials, heads of state, business leaders, and academics from around the world. More than 100 exhibitors showcased cutting-edge technologies. A key feature of the event was the announcement of the Dubai AI Licence and the introduction of AI as a...

UK FCA Fines Starling Bank £29 Million for Failures in Financial Crime Systems and Controls

On 2 October 2024, the UK Financial Conduct Authority (UK FCA) issued a final notice for a fine of £28,959,426 imposed on Starling Bank Limited for failings in its financial crime controls, particularly relating to anti-money laundering (AML) and financial sanctions screening. The FCA’s investigation revealed deficiencies in Starling's financial sanctions screening processes and its breach of an agreement to restrict account openings for high-risk customers. Starling Bank, a digital challenger bank, saw rapid growth, expanding from 43,000 customers in 2017 to over 3.6 million in 2023. However, as its customer base expanded, the bank's financial crime controls failed to keep up. In 2021, the UK FCA conducted a review of financial crime controls across challenger banks and found concerns with Starling’s anti-money laundering and sanctions screening framework. As a result of these findings, Starling agreed to a requirement from the UK FCA not to open accounts for high-risk customers...

US Judge finds New California Election Deepfake Law Unconstitutional and imposed Preliminary Injuction against Assembly Bill 2839

On 2 October 2024, U.S. District Judge John A. Mendez by its order issued a preliminary injunction against California’s newly enacted law, Assembly Bill 2839 (AB 2839), which sought to regulate the use of AI-generated deepfakes in elections. The law, signed by Governor Gavin Newsom on 17 September 2024, allowed individuals to sue for damages if AI-generated content resembling a political candidate was posted within 120 days before and 60 days after an election. This law targeted media that was deemed "materially deceptive" and harmful to the integrity of electoral processes. The case that led to this ruling began in July 2024, when Christopher Kohls, a content creator known for his political satire under the alias "Mr. Reagan," released an AI-manipulated video mocking Vice President Kamala Harris. The video, widely circulated and shared by notable figures, including Elon Musk, generated widespread attention across social media platforms. Following this, concerns arose about the...

U.S. SEC Announces Departure of Enforcement Director Gurbir S. Grewal, Names Acting Leadership

On 2 October 2024, the U.S. Securities and Exchange Commission (US SEC) announced the resignation of Gurbir S. Grewal, Director of the Division of Enforcement, effective 11 October 2024. Following Mr. Grewal’s departure, Sanjay Wadhwa, the current Deputy Director of Enforcement, will assume the role of Acting Director, while Sam Waldon, Chief Counsel of the Division, will become Acting Deputy Director. Mr. Grewal joined the U.S. SEC in July 2021 and oversaw the Division of Enforcement through a period of active regulatory enforcement. During his tenure, he emphasised the importance of ensuring that remedies, penalties, and enforcement actions provided a deterrent effect for non-compliance. Under his leadership, the Division focused on matters such as compliance with registration provisions, whistleblower protections, and addressing deficiencies in recordkeeping across various sectors. Mr. Grewal, before joining the U.S. SEC, served as Attorney General for the State of New Jersey and...

Barclays Bank Settles with US CFTC Over Five Million Misreported Swap Transactions, Agrees to US$4 Million Penalty

On 30 September 2024, the United States’ Commodity Futures Trading Commission (US CFTC) announced that Barclays Bank PLC had reached a settlement in response to charges of violating several key reporting regulations under the United States Commodity Exchange Act. These violations occurred between 2018 and 2023 and involved Barclays' failure to accurately and timely report over five million swap transactions. These errors, which resulted from systemic deficiencies in Barclays' reporting systems, impacted the US CFTC's ability to assess market exposure, monitor compliance, and maintain market integrity. The CFTC initiated proceedings under Sections 6(c) and 6(d) of the US Commodity Exchange Act, based on the bank’s violations of Sections 2(a)(13) and 4r(a)(3), as well as Regulations 43.3 and 45.3-4. Barclays admitted to the findings and acknowledged that it had failed to meet the reporting standards required by the CFTC during the Relevant Period. The errors were widespread, with...

Singapore High Court Grants Zettai Pte. Ltd. Four-Month Moratorium Amidst Cryptocurrency-Related Financial Crisis

On 27 September 2024, the High Court of the Republic of Singapore issued an order in the ongoing case of Zettai Pte. Ltd., a company undergoing restructuring amidst significant financial and operational challenges. This order, granted under Section 64 of the Singapore’s Insolvency, Restructuring and Dissolution Act 2018 (SG IRDA), offers a four-month moratorium to Zettai Pte. Ltd., which effectively protects the company from any legal actions, including winding-up resolutions and other judicial proceedings initiated by creditors or stakeholders. The Honourable Judicial Commissioner Kristy Tan presided over the case, issuing a comprehensive ruling aimed at stabilizing the company while restructuring efforts are underway. Zettai Pte. Ltd., a Singapore-based entity, found itself in a difficult position due to operational difficulties that arose when several of its cryptocurrency wallets were compromised by hackers, leading to asset losses amounting in hundreds of millions. In response...

Crypto ATM Operator Pleads Guilty to Unregistered Network and Money Laundering Offences

On 30 September 2024, the UK Financial Conduct Authority (UK FCA) made a landmark announcement regarding the conviction of Olumide Osunkoya, who pleaded guilty to five significant offences at Westminster Magistrates' Court. This case marks the UK's first-ever conviction for operating an illegal network of crypto ATMs, a groundbreaking moment in the enforcement of crypto regulations. Osunkoya's network of at least 11 crypto ATMs, which processed over £2.6 million in transactions between December 2021 and September 2023, operated without FCA registration, circumventing vital anti-money laundering safeguards. The court heard how Osunkoya, undeterred by the FCA’s refusal to register his business in 2021, expanded his operations in convenience stores across the UK, facilitating illegal transactions without performing due diligence or verifying the sources of funds. In addition to these regulatory breaches, he was charged with creating false documents, using a fake alias to evade...

UK FCA & BoE unveils Digital Securities Sandbox: Opens Applications for Innovation and Real-World Testing

On 30 September 2024, the Bank of England and the UK Financial Conduct Authority (UK FCA) launched the Digital Securities Sandbox (DSS) and published the policy statement and guidance note on Digital Securities Sandbox operation under the UK Financial Services and Markets Act 2023 (FSMA). This initiative allows firms to test new financial market technologies, such as distributed ledger technology (DLT), in a real-world environment. The DSS provides a modified regulatory framework that supports innovation while maintaining financial stability and market integrity. The DSS operates through a phased structure, guiding firms through four stages known as gates. Firms begin by applying for sandbox entry at Gate 1, where they start testing under regulatory supervision. In Gate 2, firms can conduct live business under set limits, such as £600 million for gilts and £900 million for corporate bonds. Gate 3 allows firms to scale their activities, increasing their limits as they meet higher...

US CFTC Charges Fake Commodity Trading Platform with Fraud and Misappropriation in Scheme Targeting Asian Americans

On 27 September 2024, the United States’ Commodity Futures Trading Commission (US CFTC) filed a civil enforcement action in the U.S. District Court for the Western District of Washington against Aipu Limited, Fidefx Investments Limited, Qian Bai, Lan Bai, and Chao Li. The CFTC’s complaint alleges that, beginning on or around 6 February 2023, the defendants fraudulently solicited and misappropriated at least US $3.6 million from 32 customers through a fraudulent investment scheme. The defendants are accused of falsely offering trading in leveraged commodity and forex contracts, misappropriating customer funds, and presenting fabricated account statements through a network of fake platforms, websites, and solicitors. The fraudulent activity primarily targeted Asian American customers in the U.S., with the defendants claiming to provide high-yield returns from trading commodities and foreign currencies. The facts of the case reveal that the defendants operated through their companies,...

US CFTC’s Division of Clearing and Risk to Hold Roundtable on New and Emerging Clearing Issues

On 27 September 2024, the United States’ Commodity Futures Trading Commission (US CFTC)'s Division of Clearing and Risk announced a public roundtable discussion to explore new and emerging issues in the clearing industry which will convene on 16 October 2024. This event will run from 9:00 a.m. to 1:00 p.m. at the US CFTC's headquarters in Washington, D.C., and will bring together a broad spectrum of participants, including representatives from derivatives clearing organizations, futures commission merchants (FCMs), FCM customers, end-users, custodians, proprietary traders, public interest groups, and state regulators. The goal of this roundtable is to gather expert insights and perspectives on the evolving landscape of clearing, with a particular focus on digital assets, margin requirements, and new models for clearing. Among the key topics to be addressed are the custody and delivery of digital assets, full collateralization, the challenges of 24/7 trading, non-intermediated...

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