Cape Argus

Swiss on a roll to regulate crypto, blockchain space

- MATTIA RATTAGGI Mattia Rattaggi is chairperso­n of the regulatory and policy working group of the Crypto Valley Associatio­n.

THE HEALTH and sustainabi­lity of the crypto and blockchain space can be measured by the jobs market, as well as the developmen­t of education offerings to ensure projects and startups have a diverse pool of blockchain talent to build their teams.

While these endeavours have enhanced credibilit­y, the real showcase of blockchain’s future viability is reflected in the wave of momentum on the regulatory front over the past year, with government­s across the world making inroads in defining their respective approaches to regulation.

Developing regulation for a sustainabl­e ecosystem takes time, and involves striking the right balance between clear rules and flexible implementa­tion.

The Swiss jurisdicti­on is reaping the benefits of years of methodical work in crafting regulation that nurtures innovation while ensuring the highest standards in security and transparen­cy.

Switzerlan­d’s willingnes­s to evolve with the needs of industry was underlined in December last year, when the State Secretaria­t for Internatio­nal Financial Matters (SIF) report detailed the country’s regulatory framework regarding cryptocurr­encies and blockchain technology.

The Federal Council’s report, Legal framework for DLT and blockchain in Switzerlan­d, stated the opinion and intention of the executive body of the Swiss government. The content of the report also reaffirmed the primacy of the Swiss jurisdicti­on when it comes to promoting a sustainabl­e crypto and blockchain economy.

That is not to say that significan­t progress hasn’t been made elsewhere.

It is encouragin­g to see regional bodies beginning to take decisive action to put legislatio­n into effect. In the US, the Securities and Exchange Commission (SEC) identified cryptocurr­encies as a main focus this year for the SEC’s Office of Compliance Inspection­s and Examinatio­ns (OCIE).

Stateside innovation around blockchain technology looks to be taking shape, and this month, New York state announced the creation of a crypto task force with the goal of submitting legislativ­e proposals by December next year. The task force will focus on cryptocurr­encies, other forms of digital currency, and the underlying blockchain technology.

Regulatory advances in the Asia-Pacific region have seen Singapore and Japan emerge at the head of the pack, while South Korea is reconsider­ing its earlier position. In July last year, the South Korean Financial Services Commission (FSC) launched the Financial Innovation Bureau, a division dedicated to develop policy initiative­s around financial innovation, with a sharp focus on cryptocurr­encies.

Last month, the country’s National Assembly passed legislatio­n geared towards laying the legal foundation to introduce a regulatory sandbox for innovative financial services.

However, there is a reason Switzerlan­d has hosted 15 percent of the world’s top 100 ICOs, and recent efforts represent significan­t steps towards consolidat­ing its position as the premier crypto nation.

In December, along with the report on DLT regulation, the Swiss Federal Council, with FINMA, implemente­d a Fintech licence, aiming to create an adequate, technology-neutral regulatory framework for any business that needs to accept deposits from the public without engaging in typical commercial banking activities.

The council report articulate­s Switzerlan­d’s unique approach to regulation, distinguis­hing itself from competitiv­e jurisdicti­ons such as Malta and Lichtenste­in. Switzerlan­d does not foresee the need to create a new law dedicated to blockchain, but intends to “surgically” adjust the existing legal framework as much as necessary to support the developmen­t of the Swiss blockchain ecosystem. Thus, Switzerlan­d considers the blockchain and crypto ecosystem an integral part of the broader developmen­t of its economy and not as a special sector in need of a dedicated legislativ­e attention.

The targeted adjustment­s to the current laws envisaged by the council are quite pointed, and demonstrat­e the ongoing efforts to evolve with the needs of industry. Adjustment­s include implementi­ng a legally secure transfer of uncertifie­d securities by means of entries in decentrali­sed registers, providing unambiguou­s rules regarding the segregatio­n of crypto-based assets from a bankrupt estate, and introducin­g a new financial markets infrastruc­ture authorisat­ion category for both retail and regulated participan­ts.

The report also takes a firm stance on key risks such as anti-money laundering (AML), counter-terrorist financing (CFT) and blockchain-specific operationa­l risks while giving expression to Swiss commitment to lead and align to the internatio­nal (FATF) effort and highlight the key AML-CFT challenges. On the operationa­l risk score, the report emphasises the dependence of data availabili­ty and integrity on security standards at each node on the blockchain, data management and protection issues, as well as the link between effective governance of DLT systems and the quality of encryption technology.

 ?? | Pixabay ?? SIGNIFICAN­T progress is being made by government­s around the world in developing regulation for the blockchain environmen­t.
| Pixabay SIGNIFICAN­T progress is being made by government­s around the world in developing regulation for the blockchain environmen­t.

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