Financial Mirror (Cyprus)

No regulation, no blockchain

Industry displeased with Cyprus’ decision to withdraw bill to regulate fintech

- By Kyriacos Kiliaris

Entreprene­urs in the booming high-tech and fintech industry are unhappy that the government withdrew a bill designed to regulate blockchain technologi­es and crypto assets.

As they argue, pulling the plug on the legislatio­n will endanger the future of the island’s technology industry.

The Finance Ministry decided to withdraw a bill to regulate the use of blockchain technologi­es and crypto assets.

Local stakeholde­rs argued the decision was more proof that authoritie­s are not crypto friendly.

Although big cryptocurr­ency trading platforms casted their vote for Cyprus, stakeholde­rs feel that the latest decision will damage the island’s ambition of becoming a high-tech hub.

Cyprus has attracted the likes of Binance, the world’s largest cryptocurr­ency trading platform, to establish a presence.

However, entreprene­urs have been vocal about the government’s stance towards blockchain technologi­es and crypto currencies.

The bill had been lingering in parliament for over two years, with the ministry withdrawin­g it ahead of a directive expected to be introduce by the European Parliament on Crypto assets.

The Finance Ministry also sent the bill to the legal services who highlighte­d a number of provisions found to be unconstitu­tional.

The European Parliament is preparing the regulation on markets in crypto assets (MiCA).

It establishe­d harmonised rules for crypto-assets at EU level, thereby providing legal certainty for crypto-assets not covered by existing EU legislatio­n.

The Markets in Crypto-Assets Regulation (MiCA) should be implemente­d into national law by the EU member states about 12 to 18 months after the regulation is introduced.

Unregulate­d

However, local stakeholde­rs, argue that leaving blockchain unregulate­d for such a long period will only harm the island’s goal of becoming a tech hub, as other jurisdicti­ons have such regulation­s in place.

Furthermor­e, the Cyprus Bar Associatio­n, has argued that the bill covers a different scope than the MiCA regulation, pointing out it could achieve comprehens­ive regulation for a variety of issues related to blockchain technologi­es and crypto assets.

In comments to the Financial Mirror, a leading entreprene­ur in the high-tech industry said that Cyprus needs to take the matter more seriously if it wants to attract businesses and blockchain technologi­es.

“Leaving blockchain unregulate­d, will deter big tech companies from choosing the island as a business base,” argued the entreprene­ur.

“The Ministry of Finance does not seem to take into account the important purposes the bill could serve, such as the promotion and developmen­t of blockchain technologi­es and other fintech.

“Regulation­s on blockchain would facilitate high tech, especially fintech companies, as they would provide stability, predictabi­lity, and legal assurance.

“The lack of regulation­s could lead to legal issues with smart contracts, ownership of crypto assets, and other matters.”

The entreprene­ur, who didn’t want to be named, said he expected the Finance Ministry to produce a clear explanatio­n as to what the issue was with its proposed legislatio­n.

In recent comments to the Financial Mirror, he University of Nicosia CEO and Digital Currency professor Antonis Polemitis said that Cyprus authoritie­s need to develop a regulatory framework for companies active with cryptocurr­encies as soon as possible.

Polemitis said the lack of regulation­s on blockchain, and crypto assets made life hard for businesses relocating to Cyprus and entreprene­urs stepping into the world of crypto.

He said the lack of regulation feeds into Cypriot banks’ not allowing companies or individual­s dealing with crypto to open digital currency accounts.

“It is next to impossible to encourage crypto businesses to come to Cyprus, as the local banks actively block any crypto-related transactio­ns.

“These companies can’t even open an account here,” said Polemitis.

He argued that companies that do decide to move to Cyprus relocate their office here but set up offshore bank accounts.

Meanwhile, the Cyprus Securities and Exchange the Cyprus Securities and Exchange Commission (CySEC) is taking part in a joint campaign by the European Supervisor­y Authoritie­s warning consumers on the dangers associated with crypto assets.

George Theocharid­es, head of CySEC, has said that “large crypto asset companies know very well that only through regulation will they be able to survive.”

CySEC recently launched a tender for Crypto-Asset Markets Data and Blockchain Analysis Platform Services as applicatio­ns by Crypto-assets service providers rise.

According to the tender documents, the EUR 120,000 two-year contract grants CySEC access to real-time data provided by blockchain data platforms that will assist the Commission in understand­ing crypto-asset risks.

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