The Breakdown - Paraguay President Vetoes Crypto Bill
Episode Date: September 1, 2022This episode is sponsored by Nexo.io, Chainalysis and FTX US. On today’s episode, NLW does a global regulatory check-in, focused on: A veto for crypto mining regulation in Paraguay Brazil�...�s biggest bank exploring decentralized finance with the central bank El Salvador sees more Bitcoin Bond delays South Korea suggests initial coin offering ban has been a failure - Nexo is a security-first platform where you can buy, exchange and borrow against your crypto. The company safeguards your crypto by relying on five key fundamentals including real-time auditing and insurance on custodial assets. Learn more at nexo.io. - Chainalysis is the blockchain data platform. We provide data, software, services and research to government agencies, exchanges, financial institutions and insurance and cybersecurity companies. Our data powers investigation, compliance and market intelligence software that has been used to solve some of the world’s most high-profile criminal cases. For more information, visit www.chainalysis.com. - FTX US is the safe, regulated way to buy Bitcoin, ETH, SOL and other digital assets. Trade crypto with up to 85% lower fees than top competitors and trade ETH and SOL NFTs with no gas fees and subsidized gas on withdrawals. Sign up at FTX.US today. - I.D.E.A.S. 2022 by CoinDesk facilitates capital flow and market growth by connecting the digital economy with traditional finance through the presenter’s mainstage, capital allocation meeting rooms and sponsor expo floor. Use code BREAKDOWN20 for 20% off the General Pass. Learn more and register at coindesk.com/ideas. Enjoying this content? SUBSCRIBE to the Podcast Apple: https://podcasts.apple.com/podcast/id1438693620?at=1000lSDb Spotify: https://open.spotify.com/show/538vuul1PuorUDwgkC8JWF?si=ddSvD-HST2e_E7wgxcjtfQ Google: https://podcasts.google.com/feed/aHR0cHM6Ly9ubHdjcnlwdG8ubGlic3luLmNvbS9yc3M= Join the discussion: https://discord.gg/VrKRrfKCz8 Follow on Twitter: NLW: https://twitter.com/nlw Breakdown: https://twitter.com/BreakdownNLW - “The Breakdown” is written, produced by and features Nathaniel Whittemore aka NLW, with editing by Rob Mitchell and research by Scott Hill. Jared Schwartz is our executive producer and our theme music is “Countdown” by Neon Beach. Music behind our sponsors today is “The Now” by Aaron Sprinkle and “The Life We Had” by Moments. Image credit: Maiquel Jantsch/Getty Images, modified by CoinDesk. Join the discussion at discord.gg/VrKRrfKCz8.
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They think it does show a maturation in the Bitcoin discussion that that's what this conversation is about.
It's a real political discussion about whether Bitcoin fits in the economic landscape of a country.
That's frankly relatively clear-eyed about what the opportunities and challenges are.
And I'll take that conversation 100 times out of 100 instead of whether bad guys are going to use it for their nefarious purposes.
Welcome back to The Breakdown with me, NLW.
It's a daily podcast on Macro-B Bitcoin.
and the big picture power shifts remaking our world.
The breakdown is sponsored by nexo.io, chain aliasis, and FtX,
and produced and distributed by CoinDesk.
What's going on, guys?
It is Wednesday, August 31st, and today we are looking at the state of play with
crypto and Bitcoin around the world.
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All right, so today, as I mentioned, we're looking at news from around the crypto world
with a particular lens to updating crypto policy discussions in some global jurisdiction.
And we start today with Paraguay, where the president Mario Abdo Benitez has vetoed his nation's
crypto-regulation bill.
Now, this bill has had basically a torturous journey through Parliament.
It was initially proposed in July of last year.
The bill was then rejected by the lower house in April this year, with the House Budgetary
Committee judging the law to be too dangerous.
The nation's central bank weighed in at the time, calling the bill a, quote,
high-risk project without benefit to the state.
They also raised concerns as central banks are want to do around money laundering.
However, the bill was then amended and finally passed both houses of Parliament in July this year.
The most recent vote was 40 to 12, so it wasn't even a nail-biter.
Unlike other crypto legislation such as El Salvador's infamous Bitcoin legal tender law,
this Paraguayan bill is much more focused on the issue of crypto proof-of-work mining regulation.
Indeed, it focuses on POW mining to the exclusion of things that other countries are debating like
licensing and regulation of crypto firms or individual cryptocurrency legal status for payments.
Now, this reflects Paraguay's unique status in South America.
Paraguay has abundant hydroelectric power generation and is a powerhouse electricity exporter for the region.
This means that the country has some of the lowest cost electricity in South America at around
$0.6 per kilowatt hour. That's about half the cost of electricity in the U.S.
That said, the country's landlocked geography means that it isn't necessarily a net.
natural home for high-electricity industrial processes like aluminum or steel manufacturing.
Instead, Paraguay maintains a largely agricultural export sector, with electricity being exported
directly to the rest of South America, rather than being used domestically to produce
industrial goods. The president's veto of the crypto bill then primarily raises concerns about
the crypto mining industry's access to electricity at industrial rates. The bill contained a 15%
electricity surcharge for crypto miners, but opponents, including Felix Sosa, who's the
president of the National Electricity Administration, questioned whether this would be enough to cover the
cost of energy consumption. Sosa alleged that current, quote, illegal connections to the power grid
were causing economic losses in a country without the infrastructure to support industrial amounts
of electricity consumption. Fernando Silva Fassetti, one of the senators that introduced the bill in
2021, strongly objected to the veto in a statement which said the president's stance, quote,
ignores the existence of this activity that today functions in the regulatory shadows. Fassetti explained
that the existing crypto mining industry exists in a legal gray area, where it cannot access
the financial system, but still generates jobs and resources for the country. One of the proposals
to amend the bill from the National Electricity Agency was to require crypto mining companies
to pay for electricity usage in advance using U.S. dollars. Now, interestingly, in all of this,
original concerns about money laundering and illicit financing seem to have faded in the background.
Instead, it is real-world concerns about infrastructure financing, and the level of
of payment received for hosting the crypto mining industry that are coming to the four.
Paraguay currently hosts less than half a percent of Bitcoin hash rate, but seems to have the
potential to host much more if the parliament can arrive at a functional and suitable regulatory
framework. This would be especially beneficial considering the environmental concerns that currently
engulf the proof-of-work mining debate, given that Paraguay could give miners access to cheap
and abundant renewable hydroelectric power. Now, of course, this is just a setback, and the story
is an over for regulation of crypto mining in Paraguay.
For mining advocates, of course, further extension of a legislative process that has already taken more than a year is not necessarily a hopeful sign.
So how to feel about all of this? I think one thing that's most notable to me is the way that these conversations have changed.
This discussion has morphed from memes of what Bitcoin is or isn't and whether it's for criminals to about the practicalities of Bitcoin infrastructure, the specific cost-benefit analysis of the industry coming in.
It's a lot about local energy politics. Indeed, a lot of this is about Paraguayan domestic politics
and their relationship with energy importing partners like Brazil. Fassetti tweeted on August 29th,
Today we received from the president the total veto of the law that regulates the mining
commercialization, intermediation, exchange, transfer, custody, and administration of crypto activities,
ignoring the existence of this activity that today works in the shadows of regulations.
The executive washes its hands and does not accept mining as an industry, which generates
resources and sources of work, but operates in a gray area without being able to access the financial
system or establish regulations that guarantee the investor, the consumer. The state opposes the
regulation of a sector that asks to be regulated and destroys the possibility of the arrival of
new investors and the formalization of hundreds of small and medium-sized companies that live in and
depend on this industry. Worse still, it denies the possibility of fiscal and financial transparency
that shows the lack of vision of the state. Paraguay will continue to give away its energy to
industry in Brazil and Argentina at a lower price than what Paraguayans would pay here.
Now, I obviously am not an expert in those local energy politics in the geopolitics of that region,
but I think it does show a maturation in the Bitcoin discussion that that's what this
conversation is about. It's a real political discussion about whether Bitcoin fits in the
economic landscape of a country. That's frankly relatively clear-eyed about what the opportunities
and challenges are. And I'll take that conversation 100 times out of 100.
instead of whether bad guys are going to use it for their nefarious purposes.
Now, speaking of Brazil, a small note there.
The largest private bank in Brazil, Itao Unabanko, has been selected by Brazil's central bank
to work on a defy liquidity pool.
The move comes out of the government's financial and technological innovation and technology
laboratory, which is a public program that seeks to strengthen financial inclusion.
The platform using blockchain and smart contract technology will allow custody and exchange
of tokens, including stable coins tied to the Brazilian Real and the U.S.
US dollar. In July, the bank announced that it plans to launch an asset tokenization platform
that transforms traditional financial products into tokens and also offers crypto custody to bank
customers. In times like these, security of your assets should be your number one priority.
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When it comes to Central and South American countries and Bitcoin adoption, obviously the one that is top of mind is El Salvador.
The latest news from that country's Bitcoin experiment is that its Bitcoin bond offering has been
delayed again. Bifenex CTO, Paolo, Arduino told Fortune magazine that the bonds will be issued later this
year. These bonds were first announced by El Salvador President Naibu Kelle in November of 2021.
That was two months after the country declared Bitcoin legal tender. The initial plans were to raise
$1 billion through a bond sale. And at the time, a huge amount of the conversation was whether
this sort of Bitcoin-based financing could plausibly be an alternative for emerging and developing
markets to today's World Bank and IMF lending infrastructure.
Regardless of that, though, the sale of bonds is currently awaiting legislation to be passed
in El Salvador. That's expected to happen in September, and Paolo said that another two to three
months after the passing of legislation would be needed to arrange the bond offering.
Not everyone is convinced that this is just a technical and political challenge, however.
Nathan Leigh Marshick, the head of emerging market sovereign research at Stifle Financial Group,
has suggested that the ongoing delays are more to do with a lack of investor interest,
especially considering that U.S. investors are prohibited from taking part.
Quote,
Look at where Bitcoin is trading in the massive losses.
It makes very little sense to me.
This is a government that has historically over-promised and under-delivered.
William Sneed, a Latin American-focused strategist at BBVA,
said that questions surrounding the government's ability to pay its existing debt
also present an obstacle to the success of the Bitcoin bond offering. A crypto bond issuance has a very
low probability of success, he said, and is unlikely to come to the market. In July, El Salvador announced
a program to buy back $560 million worth of its existing debt. This would be supported by funds
allocated last year by the IMF and a loan from a Central American multilateral lender.
The concern surrounds an $800 million bond that expires early next year. Finance Minister Alejandro
Zalaya said that the $560 million would be sufficient to buy some but not all of the
2023 and 2025 maturity sovereign bonds. Quote, we're not going to buy the total debt. If we buy it,
we will also buy it at a discount. And we're not going to spend more than we have in the bank.
To pretend that we are going to have all the money to buy all the debt is to believe that we
have a magic wand to solve the country's fiscal problems. The debt that would be the target
of the buyback program has risen significantly since the announcement, with the 2023 bond
rising 12 cents to trade at 86 cents on the dollar, and the 2025 bond rising a similar amount but still
trading at 47 cents, implying a lack of faith in repayment. Morgan Stanley said in a research note at the
time that the buyback would clearly demonstrate a willingness to pay. Quote, given that the key worry
in the market has been around the willingness to pay as opposed to the ability, this transaction
would ease those worries significantly. So at the end of the Paraguay section, what I was contending
is that the discussion has shifted a little bit from the memeified version of things around Bitcoin
to real economics and politics, and even in this case, even in El Salvador, which many people
see as the most memeified version of the Bitcoin discussion, that's where a lot of the Bitcoin
bond stuff is starting to fall as well. It's about the practicalities of Bitcoin and crypto right now.
It's about whether there's actually demand for this in the current market context. It's about
what it has to do with these other loans. Still, one interesting thing on Twitter, which I think was
probably inevitable, is that you're starting to see a shift in the narrative a little bit around El Salvador.
John Jimenez points out that President Buckelé no longer has laser eyes and says, quote,
El Salvador's Bitcoin experiment may be over. Dennis Porto writes, El Salvador may very well make
other countries less likely to adopt Bitcoin. Summary of Bitcoin in El Salvador.
Forced adoption by an authoritarian strongman. Three percent of businesses think it's valuable to offer
Bitcoin services. Two percent of remittances use Chivo. That's the local wallet.
$30 airdropped citizens now worth about 10, Volcano Bond failed, Chivo Buggy and centralized.
The real reason El Salvador adopted Bitcoin was to Juice Buceli's Twitter followers.
Every dictator needs loyal partisans and Toxamaxies love their god kings.
Now, obviously, Dennis has a particularly cynical take here, but I don't think that he's
alone in some of that reevaluation.
Warren Tagami from Blockstream has a slightly more middle of the road take, responding and saying,
The undeniable part was the botched launch of Chivo.
November 2021, I met locals who had customer service nightmares, where on-chain or lightning network
payments disappeared or severely delayed. That was their first impression of Bitcoin, entirely avoidable
if they instead went with strike. To their credit, they kept the promise to allow other wallets.
Businesses have reliable customer experience because they pay for quality service instead
of used free processing by the government. Credit card interchange fees in El Salvador are above
4%, so it's a win for business. Knowing nothing about the exact situation in El Salvador
I just have to assume that there isn't demand for that sort of bond right now.
We did a whole episode back in the day around different critiques of the structure and
Matt Levine's contention that it didn't really add anything new relative to the other types
of debt you could buy of El Salvador's and why in some ways it was really a mission statement
kind of purchase around Bitcoin.
But there's just not a lot of energy for that right now, given where we are from a market
cycle perspective.
Whether that means it's a failed experiment or an experiment that's just on life support
waiting for the right time is something we'll just have to wait and see.
And lastly today, a weird little one out of South Korea.
South Korea's central bank has released a new report which calls for the institutionalization
and regulation of initial coin offerings or ICOs.
ICOs, as you all well know, are ways that cryptocurrencies fundraise from the public
through direct token sales.
South Korea banned ICOs in 2017 in the wake of the ICO boom.
The central bank is now saying that the ICO ban has been ineffective and needs reform.
The report points to the case study of Terraform Labs Luna token, which was launched by a company
founded by South Korean national Doe Kwan, but conducted its ICO through a Singaporean subsidy company
to avoid the domestic ban. The ICO tokens were then able to be listed in South Korea using
various domestic and international exchanges. The collapse of the Terra ecosystem in May sparked a
crackdown on the South Korean industry, with regulators flagging 16 firms for noncompliance in mid-August.
But it also has triggered a re-evaluation of the effectiveness of existing regulations.
So with that, the central bank's report calls for a review of the nation's regulatory legislation
in the Digital Asset Basic Act. The report looks to the new European Union framework markets
and crypto assets are MECA as a potential model. The report focuses on two key areas of MECA that they
believe should be explored for adoption in South Korea. Firstly, stablecoin rules, obviously
front of mind due to the role of Terra's algorithmic stablecoin UST playing in the collapse of
that ecosystem. And second, the EU's proposal for establishing a licensing framework,
capital requirements, and other standards for token issuers. Now, holding aside where they want to
next, the report really does read as a tacit admission that an ICO ban has failed to achieve its
goal. All that seems to have been achieved is pushing companies offshore in order to engage in regulatory
arbitrage without providing any meaningful investor protection or regulation of market participants.
By constructing a framework where ICOs and any other part of the crypto markets function legally
within a set of defined parameters, means potentially that bad actors have reduced ability to access
retail investors. And this is, of course, what regulatory advocates here in the United States and
everywhere else around the world say. It's one of the many reasons why it's so easy to get
flustered with the state of discussion around quote-unquote investor protections. But in any case,
if the theme of this show is growing nuance in the global regulatory discourse around crypto,
this is certainly part and parcel of that trend. For now, I want to say thanks again to my
sponsors, nexus.com.com. And thanks to you guys for listening. Until tomorrow, be safe and take
care of each other. Peace. I want to tell you about CoinDesk's new event, the investing in
digital enterprises and asset summit or ideas. The event facilitates capital flow and market growth
by connecting the digital economy with traditional finance. Join CoinDesk October 18th and 19th in New York
City for a 360-degree investment experience, where you can source, invest, and secure the next big deal
in digital assets. Use code breakdown 20 for 20% off a general pass. You can register today at
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