Asia promotes crypto clarity amid regulatory uncertainty in the U.S.

High-rise buildings are seen near Victoria Harbour in Hong Kong, China, July 24, 2023. (Photo by Costfoto/NurPhoto via Getty Images)

Costfoto | Nurphoto | Getty Images

Asia is promoting crypto clarity amid regulatory uncertainty in the U.S., and this could make the region more attractive to investors, according to industry observers.

“Cryptocurrency regulations in Asia have moved along faster and with more clarity — green light or red light — than in the U.S.,” said Ben Charoenwong, assistant professor in finance at the National University of Singapore Business School.

“This has made Asia the premiere location for much of fintech innovation,” said Charoenwong.

Earlier this month, Hong Kong officially opened crypto trading to retail investors and upgraded licenses of two exchanges. HashKey and OSL can now expand their business beyond professional investors to now include retail investors.

“It shows that virtual assets are becoming a recognized asset class with a similar regulatory status as traditional asset classes,” said Lennix Lai, global chief commercial officer at crypto exchange OKX.

“This will further boost investor confidence, making Hong Kong more attractive as a potential global virtual asset hub,” said Lai. OKX is applying for a virtual assets trading license in Hong Kong.

Hong Kong and Singapore are both similar in terms of the approach to maintaining very high regulatory standards.

Ong Chengyi

Head of APAC policy, Chainalysis

Last year, Hong Kong said it recognizes “the potential of distributed ledger technologies and Web 3.0 to become the future of finance and commerce” and expects to enhance efficiency and transparency with proper regulation.

Rival regional financial hub Singapore has also been a frontrunner in crypto regulation. The Monetary Authority of Singapore granted a license in August, an upgrade to the in-principle approval it got in October. Another player Ripple received in-principle approval in June. This means that and Ripple can provide regulated crypto services in Singapore.

Meanwhile, Thailand and Indonesia have banned the use of crypto for payments, but allows it to be traded as a commodity.

Hong Kong had the opportunity and hindsight to go through the crypto winter and look at what other regulators have done to enhance and roll out its regime.

Janice Goh

Partner at Cavenagh Law

In contrast, Coinbase and Ripple are embroiled in lawsuits with the U.S. Securities and Exchange Commission, which has accused them of securities laws violations. Both Coinbase and Ripple, as well as other crypto firms, have threatened to leave the U.S. in response to the SEC’s crackdown.

Turmoil in the U.S.

To be sure, the sector has been embroiled in scandal and high drama over the past year. In November, FTX filed for bankruptcy while Terraform and its CEO Do Kwon were charged in February for defrauding investors.

Bitcoin has dropped to trade near $28,373, far below its all-time high of more than $65,000 in 2021.

Crypto leaders have slammed the U.S. and its approach to regulation, particularly for a lack of clarity.

In 2020, the SEC accused Ripple and its co-founders of breaching securities laws by selling its native cryptocurrency XRP without first registering it with the SEC. But in July, a landmark ruling determined the token was not, in itself, necessarily a security.

Meanwhile, the SEC sued Coinbase in June, alleging it was operating an unregistered exchange and broker. In the same month, Binance was charged for several securities law violations.

“I think it’s fair to say the U.S. has made it as confusing as possible as to what the rules of the road are for the crypto industry. The SEC has really been at the forefront of that confusion,” Ripple CEO Brad Garlinghouse said in an interview with CNBC in May. He concluded some crypto firms could leave the U.S. for more progressive jurisdictions as a result.

Asia’s regulatory clarity

Across the Pacific, Singapore and Hong Kong offer far more operational clarity for many industry players

“Singapore has the first mover advantage in the Asia Pacific region, including being ahead of Hong Kong. There were no other countries that were so far ahead in having quite an advanced licensing regime,” Janice Goh, partner at Cavenagh Law, told CNBC.

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