The Breakdown - Will New Anti-Terrorism Rules Help Israeli Crypto Startups? A Global Regulatory Roundup
Episode Date: November 18, 2021This episode is sponsored by NYDIG. On today’s episode, NLW does a whistle-stop tour of global crypto regulatory news, including: India – set to ban crypto as payment but regulated as asset? ... Israel – might new AML rules make it easier for banks to work with crypto providers? Sweden – disagreement on mining politics Russia – a new source of global power? Indonesia – is bitcoin haram? As well as news from Peru, the U.K. and Brazil NYDIG, the institutional-grade platform for bitcoin, is making it possible for thousands of banks who have trusted relationships with hundreds of millions of customers, to offer Bitcoin. Learn more at NYDIG.com/NLW. 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 Michele Musso & Adrian Blust, research by Scott Hill and additional production support by Eleanor Pahl. Adam B. Levine is our executive producer and our theme music is “Countdown” by Neon Beach. The music you heard today behind our sponsor is “Dark Crazed Cap” by Isaac Joel. Image credit:btgbtg/iStock/Getty Images Plus, modified by CoinDesk.
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Welcome back to The Breakdown with me, NLW.
It's a daily podcast on macro, Bitcoin, and the big picture power shifts remaking our world.
The breakdown is sponsored by Nidig and produced and distributed by CoinDesk.
What's going on, guys? It is Wednesday, November 17th, and over the last few weeks,
I've had a few people kind of note that there has been a lot of U.S.-centric focus on the breakdown lately.
And there's some parts of that that are obvious.
I'm in the U.S. so I think about that jurisdiction more than others, but there's also just been
such a never-ending onslaught of regulatory news here in the U.S. with the machinations of the SEC,
and the CFTC, and the infrastructure bill, and you name it, it's just had a lot of focus there.
But it's not like crypto is a U.S. only phenomenon. In fact, part of what makes crypto so interesting
is the fact that it is growing up simultaneously around the world all at the same time. So,
Today what we're going to do is a whistle stop tour around the world, a global regulatory roundup.
I'm going to cover India, Russia, the UK, Sweden, Brazil, anywhere that there's been
interesting regulatory news lately. So hopefully this gives a little bit broader of a picture about
what's going on. And as always, if you have ideas for places or specific things that are local,
but still really important for other people to know about, hit me up on Twitter at NLW. Join the Discord.
The Discord has been growing recently and is a really good place for these types of conversations.
But with that, let's dig in and let's start with India.
Now, the relationship between India and crypto has long been fraught.
The Reserve Bank of India effectively banned crypto.
Now, their mechanism for doing this was that they didn't allow banks in India to service the crypto industry
and what that amounted to was a ban.
That happened in 2018.
But a couple years later, the Supreme Court in India overturned that ban.
Still, while overturning that ban did allow a new crop of Indian crypto startups to rise up,
there have still been big, big regulatory questions about what the long-term status of crypto
in India was going to be.
There have been basically ever-present rumblings of a full-scale crypto ban in India.
The Economic Times is now reporting that government sources are saying they're presenting
a crypto regulation bill in the Parliament's winter session.
And while the original bill had indeed planned to ban crypto as a whole,
whole, it now seems there is a lot more nuance. CoinDesk's headline reads, India to ban
crypto as payment method, but regulate as asset. So the idea here is that they would say,
you can't pay for things with crypto. That's not what crypto's job is, but it's fine as a digital
asset. And this actually has some precedent around the world. Indonesia, for example, since about
2017, has had this sort of dichotomy. Now, in addition to regulating crypto as a digital asset,
but preventing its use as a currency, the bill is also.
looking to ban quote unquote active solicitation from crypto firms. And it seems like there's been a
pretty large emphasis on issues around crypto advertising. In July, the High Court of Delhi called for
standardized disclaimers on crypto-related ads on national TV. And in fact, the Securities and Exchange
Board of India, Sebi actually was looking to potentially have disclaimer texts cover 80% of
the screen. Now, to get a sense of what all these things feel like to the Indian crypto community,
they're actually seen as relatively positive steps, even though they seem potentially egregious
to some of us and other regulatory regimes. There have recently been a series of closed-door
discussions between the government and the RBI, the Reserve Bank of India, as well as the
government and crypto representatives. Nishal Shetty from the exchange, Wazir X, really nails the
tone tweeting this morning, regulations before meant trying to suppress or kill the crypto industry.
Regulations today are directed at growing and winning the crypto industry. We've gone from
negative to positive outlook towards crypto. It's on us now to make India a crypto leader.
And by the way, if you ever want to check out more about this, just look for the hashtag India
wants crypto. You'll see a plethora of tweets which can bring you into that world.
Now, of course, as they go about trying to actually regulate crypto as a new digital asset class,
it still comes with a bunch of challenges. There is concern apparently about price arbitrage between
exchanges, and there are questions of which regulator will actually have the authority in this space.
but again, I understand where that community is coming from.
It's a hell of a lot better to try to deal with those questions
than it is to have to think about whether your entire industry
is going to be banned out of the country as a whole.
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Speaking of banning in a country as a whole, let's pop over to China. China has obviously taken a truly anti-crypto turn this year.
First, in the beginning part of the year, we got reiterations of previous policies, and it just seemed like a big nothing burger.
But then the anti-crypto rhetoric was upgraded to the Office of the Vice Premier, and as we all know now, the hash rate migration out of China really happened.
That crypto mining ban was taken very seriously by not only the provincial government,
who are in charge of putting that new policy into action, but of the miners themselves.
This has been an ongoing topic. It will be looked at as one of the defining features and historical
moments in the Bitcoin network in 2021. However, that was not where China was going to end things.
On September 24th, the People's Bank of China and seven other top Chinese regulators banned trading outright.
They issued their, quote, notice on further preventing and disposing of the risk of hype in virtual
currency trading. Now previously, Fiat to Crypto Trading had been banned. This had long been in practice.
Now, crypto to crypto trading is banned as well. And this notice went farther, saying, for example,
that staff for overseas exchanges, even those working in tech support, would be subject to
investigation for knowingly participating in this industry. In addition, the new policy called for
increased censorship of info related to crypto, and that seems to be coming to fruition.
News outlets have been reporting that chain news, Odaily, and Block 123, all crypto news sites and info platforms have been inaccessible in China,
while news site CoinWorld closed down their Beijing entity on November 15th.
What's more, the Chinese government is now speaking about the next phases of the Bitcoin mining ban.
The National Development and Reform Commission, the NDRC, yesterday said that it was moving to its next stages of the crypto mining crackdown
and looking to punitive electricity prices as a tool.
What's more on Saturday, a top Communist Party member from Yang Shi was fired, expelled from the party,
and will likely face criminal charges for support of crypto mining.
So, yes, the ban is real and it keeps going on.
But now let's head to the Middle East.
Israel has announced new anti-money laundering and anti-terrorist rules for crypto service providers.
And just like in India, where these new rules are being seen as a potential positive,
that's kind of the way that this is being reported out of Israel.
as well. Basically, the idea here is that these new rules may clear the way for Israeli banks to
actually accept crypto sector customers. As CoinDesk puts it, quote, local banks have so far taken
an ad hoc approach to accepting deposits tied to crypto investments. Crypto advocates in Israel
see the new AML regulations, which came into effect on Sunday, as a first step in setting up
comprehensive guidelines at the national level for banks. The CEO of Israeli exchange bits of gold
said, quote, we hope that this order will significantly reduce transfer blocks and the denial
of banking services experienced by crypto users and investors and create a better atmosphere for
investors, users, and companies in the field. Another CEO, the founder of Israeli Exchange, Bit2C,
said, it is a milestone in transforming crypto into a solid steel financial tool that can be
used by citizens and businesses of all types. Once digital currencies become regulated,
the opportunities will be endless. And just so it's clear that this is an only exchange
owner optimism, this was also the reporting angle of a local news outlet called Globes, which ran with
the lead. The new rules will enable Israeli banks to accept profits from digital currency trading
without falling foul of anti-money laundering legislation. Now to the UK, just a quick hit.
While regulations seem to be opening opportunities in some places, apparently according to the
block, lawyers are telling crypto clients to not establish operations in the UK, which suggests
obviously a sense that the regulatory regime there is untenable for business.
That said, yesterday we also learned that a Cracken subsidiary, Crypto Facilities,
had received an MLR license with the FCA.
That means it's compliant with money laundering regulations
and that crypto facilities can continue to offer derivatives to its customers,
although those don't include retail traders due to a blanket FCA ban on crypto derivatives for retail.
Meanwhile, in mainland Europe, the ECB, the European Central Bank,
was back in the news for including crypto in its biannual financial stability review that was released
today. The report acknowledged that the search for yield in the context of falling interest rates
and growing inflation around the world was driving people to risky markets like crypto. But it also
sounded the alarm on the growing connection between stablecoins and the traditional financial
market, which I'm sure is completely unrelated to the fact that the EU is in the early stages
of investigating its own digital euro. But to go along with a little nice stablecoin fund,
let's add some climate fudge, shall we?
Swedish authorities, including their financial supervision authority
and their environmental protection agency,
are saying that crypto's rising energy usage
is threatening the country's ability
to meet their obligations under the Paris Climate Agreement.
They wrote an open letter calling for an EU-wide ban
on proof-of-work mining.
However, it seems like they didn't get all their ducks in a row
because even within the Swedish state apparatus,
as the state-owned power company Vattenfall
has very publicly disagreed with this pronouncement.
Vattenfall's head of physical power management argued that crypto mining could actually balance
the load, especially when power supply varies, which it does a lot in countries like Sweden
who have a heavy reliance on renewables like wind and solar.
Vattenfall also pointed out that if clean power nations kick miners out, they're going to
go to cheaper, dirtier sources of energy and other places.
Now, Eric Wall, a crypto investor who's very prominent on Twitter and who is himself Swedish,
was just aghast at this whole thing in an almost laughing kind of way.
He writes, LOL, Vattenfall, Sweden's own state-owned power company,
Sweden's absolutely largest fossil-free energy producer,
just completely rejected the notion put forth by our financial regulator
and environmental protection agency two days ago of Bitcoin's mining wastefulness.
Instead, they talked about how crypto mining was an excellent buffer in energy production
that is highly useful for controllable load management
and a way to monetize excess energy which would otherwise go to waste.
Eric Wall asks, do you have any idea how poorly researched this makes the article look?
You did not even ask our own state-owned power company before issuing guidance on power production-related matters, and so on and so forth.
But frankly, from our standpoint, it's great to see this sort of public debate and pushback.
I think it's going to keep the energy discussion a lot more honest than it's sometimes been.
over to Russia now where the leader of Russia's legislature is calling for a new working group
that will focus on crypto with a special emphasis on mining.
And there are a bunch of forces at work here.
The Russian government wants tax revenues from miners.
They want to be able to take advantage of gas flaring to make money from mining.
And they also have a long-term interest in oil being priced in not USD,
which is one of the more interesting and less talked about game theory dynamics of Bitcoin in the global environment.
Su-Zou says international oil and gas will be priced in Bitcoin within 24 months. This is my prediction.
Willy Wu adds the petro-coin regimes, backed by electricity instead of oil and guns, would accelerate a global energy shift.
People really don't understand how changing the currency of pricing has huge implications.
This, to me, feels like it's going to be an episode that we have to dig into deeper.
But a few more to wrap up. In Indonesia, the top Islamic scholarly body of that country has
found crypto to be haram forbidden. It's too close to wagering or betting in their estimation.
Now, this is a government-funded organization, but is not legally binding. And there's actually
a lot of fascinating things to discuss around how crypto might relate and fit into Islamic finance
norms. And if that's something that people are interested in, I would love the excuse to dust
off my old Islamic finance and Islamic jurisprudence hat from when I was in college and dig into it.
But in the context of this show, at least, this is really relevant, right? There is a lot
of crypto interest in Indonesia.
A survey announced last month from an Australian blockchain
EDU startup called Coin Format,
claimed that Indonesia has seen a more than 1,700% increase in crypto interest in 2021,
including a 575% increase in annual search volume.
In Brazil, a Brazilian congressman has proposed a bill
to legalize crypto payments for public and private sector workers,
making an argument effectively that this is just part of the future
and should be officially enabled.
In Peru, the central bank has started to develop their own
CBDC, saying, we have been working on a digital currency. We are not going to be the first because
we do not have the resources to be the first or to face the risks, but we do not want to be left
behind. I think the payment system we are going to have eight years from now in the world is going
to be completely different from the current one. And lastly, an embassy in the metaverse? That is
Barbados plan. The Barbados Ministry of Foreign Affairs and Foreign Trade has signed an agreement with
Decentraland and is now looking to do the same with other Metaverse platforms.
An official said embassies are the starting point to getting a visa to enter a country or visa-free travel.
Can you imagine what that would look like virtually and where that e-visa could lead you?
So I think there's an obvious cynical take here, which is that this is just marketing.
It's a way for them to be in the metaverse cycle as that term is bandied about,
and people are excited to Google it and talk about it.
But I think that would be underselling the interesting thing here.
We're moving to a world where physical geography matters less than less,
at least when it comes to certain parts of economic production and certainly of talent distribution,
why wouldn't you want to be on the forefront of attracting new types of talent in new types of
industries to your space, to your jurisdiction, whether that jurisdiction is physical and geographic
or something more virtual and metaversal? That's not to say that there won't be many cynical,
money-capturing ploys around any sort of metaverse or virtual worlds, but I think that we can
can't dismiss these types of efforts out of hand, and I believe that we're going to see a lot more of
them going forward.
All right, there we go.
Around the world in a short period of time, I'm sure there's tons of other things that I missed.
Please let me know about them, like I said, on Twitter or the Discord, but hopefully this gives
you a bit of an overview around what's happening right now.
I appreciate you guys listening, and until tomorrow, be safe and take care of each other.
Peace.
