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On 4 October 2024, the Monetary Authority of Singapore (MAS) publishes a Consultation Paper on Proposed Regulatory Approach, Regulations and Notices for Digital Token Service Providers issued under the Financial Services and Markets Act 2022 outlining the proposed regulatory framework for Digital Token Service Providers (DTSPs). This new consultation paper is issued under the Singapore’s Financial Services and Markets Act 2022 (FSM Act) which aims to ensure proper regulation of DTSPs providing services from or within the Singapore to customers inside and outside the country. The public is invited to provide feedback on these proposals, with submissions open until 4 November 2024. The consultation paper introduces amendments to regulate the activities of DTSPs focusing on their operations abroad to prevent risks related to money laundering and terrorism financing, which are heightened in cross-border digital services. The consultation paper mandates the DTSPs to apply for a license...

On 2 October 2024, Hong Kong Virtual Asset Exchange (HKVAX) officially announced that it had obtained Type 1 (dealing in securities) and Type 7 (providing automated trading services) licenses from the Hong Kong’s Securities and Futures Commission (HK SFC), along with a license under the Hong Kong’s Anti-Money Laundering and Counter-Terrorist Financing Ordinance (AMLO). This development makes HKVAX the third regulated virtual asset platform in Hong Kong, joining the ranks of HashKey Group and OSL, which are currently the only operators permitted to serve retail customers in the territory. HKVAX was established with a strong focus on combining traditional financial services with blockchain technology, providing a wide array of virtual asset services. These include over-the-counter (OTC) trading, a 24/7 trading platform, and asset custody with advanced security features such as multi-signature technology and wallet separation. The platform has a particular emphasis on Security Token...

On 4 October 2024, the United States’ Commodity Futures Trading Commission (CFTC), through its Office of Customer Education and Outreach (OCEO), announced two upcoming events in observance of World Investor Week. These events are scheduled for 8 October 2024 and 9 October 2024 which aim to educate and spread awareness with the public on critical issues related to fraud protection, with a focus on emerging scams involving digital assets like cryptocurrency. World Investor Week is an international initiative organized by the International Organization of Securities Commissions (IOSCO) to raise awareness about the importance of investor education and protection. From October 7 to 13, organizations from over 100 jurisdictions will come together to highlight pressing issues in investment, particularly around digital and technological advancements, crypto assets, and sustainable finance. With the rapid growth of digital and crypto assets, fraudulent schemes have evolved, increasingly...

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...

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,...

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...

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...

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...

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...

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...

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...