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regulation

Following consultation on a number of proposed legislative changes that were set out in Consultation Paper No. 124 the Dubai Financial Services Authority Board, after due consideration of consultees’ comments, made amendments to the DFSA Rulebook as described below. The amendments come into force on 1 July 2019.

BIScom Subsection: 

Mark Zuckerberg is great at making things up but over the weekend, he's proved that he's also great at coming up with other people's ideas. How do I know? Because the other people whose ideas he's come up with is me and I published them in a book in 2015 that leaned on material I'd published, originally, in the late 1990s.

CoNet Section: 

In a speech to a conference on the 12 March, 2019, to mark the 20th Anniversary of the Financial Stability Institute, Mr Agustin Carstens, General Manager of the Bank for International Settlements, set out what the FSI has achieved and objectives for the future.

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Issued under its Regulations and Financial Stability area, the new MAS form is a part of the Regulations and Guidance and Licensing function in relation to the securities, futures and funds market segment.

It covers those applying to become a recognised exchange or market operator, including those in the FinTech sector.

BIScom Subsection: 

It's incredible. The European Union has produced five Money Laundering Directives and still in some respects it is not one but two steps behind some countries that are often subject to criticism. Indeed, it is behind many of its own member states. This week, the Council of the European Union "adopted" a "regulation." Politically, the fact that a Regulation has been made is more important than what it does.

The European General Data Protection Regulation is a fantastically complex piece of legislation but it is not an "Act" or, as Acts are called in the EU, a Directive.

It has been brought into law across the EU (and beyond) and will come into force on 25th May 2018.

Most importantly, it proves how domestic law in member states can be written by Europe outside the democratic process.

CoNet Section: 

Aside from giving Digital Currency Exchanges a TLA (three letter acronym) AUSTRAC has sidestepped all the "is it, isn't it?" fuss in so many countries and stated the obvious: because digital currency is "money" in the economists' sense of the word, anyone operating an exchange is subject to the same rules and regulations as anyone operating an exchange in fiat currencies. But here's the surprise: the requirement to register with AUSTRAC and to put in place money laundering, etc compliance and risk management systems comes into force today. And the notice was only published this morning. Moreover, there is an unexpected consequence for the mainstream financial sector.

On 19th March, the USA's Office of Foreign Assets Control, a division of the US Treasury, which publishes lists of persons sanctioned under trade and economic policies, under policies that are political including but not limited to national security plus those under the USA PATRIOT Act announced that it was to include, where it has it, cryptocurrency data relating to subjects. Just what are they planning and what will it mean for crypto-currency holders and exchanges and businesses such as online auctions and advertising platforms?

Regulation
Policing
Impact on the conventional sector

"No head-scratching and audible sighs of relief as knickers become untwisted. "

This article, by Nigel Morris-Cotterill, was first published in September 2002. It is, in part based on a briefing to banks, etc, in London in November 2001 and draws attention to the effect of the money laundering, etc. provisions of the just in-force USA PATRIOT Act.

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The grand-daddy of the current crop of electronic currencies is, of course, Bitcoin. In recent months, its value has appreciated exponentially until it reached more than 5,000 dollars. But it's just the most famous so-called "cryptocurrency" and now the technology is "in the wild," anyone with the necessary, apparently not very advanced, IT skills can make one. China says "enough is enough" and is taking steps to more or less outlaw cryptocurrencies or, at least, to make their use difficult. China has explained its reasoning - and it makes a huge amount of sense. The questions are whether the horse has already bolted, can access to cryptocurrencies outside China be banned and just how much use is it really for money laundering, a main plank of the Chinese objection.

A post on LinkedIn recently * says "In the line of duty as a Compliance, I always said to my friend and subordinate; "Never ever say can not until the regulation really declare can not"."

Is this a safe policy?

Quietly, almost under the counter, the UK's Financial Conduct Authority is preparing itself for life outside the EU with a raft of agreements directly negotiated with regulators around the world.

BIScom Subsection: 

It might seem a bit of a stretch to suggest that Uber, the dating service for those with a car that isn't a taxi and those with a transport need has much to do with FinTech but a long-running battle first in Spain and then in the European Court of Justice makes a landmark decision that affects the provision of so-called "disruptive" technologies and although it's couched in complex legal terms, the opinion represents a victory for common sense - and potentially causes enormous problems in relation to some aspects of passporting. Financial regulators all over the world should take notice: this is how you should view FinTech if you want to avoid systemic problems, says Nigel Morris-Cotterill

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