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regulation

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. "

The final part of this article.

Continued from Part IV of this article

Continued from Part III of this article

Continued from Part II of this article

Part I is here

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.

BIScom Subsection: 

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

BIScom Subsection: 

Yes, yes, yes, we all know: HSBC is officially a UK bank except we all know it isn't. Not really. Yes, it has a big office in London and because of Stock Market rules its big bosses all have desks there but in truth, HSBC is still what it says on the tin. Even the Shanghai bit is coming back into use. So when HSBC in Hong Kong announced that it is starting to collect more detailed Know Your Customer information, it's good to take notice. And one reason it's good to take notice is that almost every other bank in the world is going to have to follow the HSBC lead as Compliance/Risk Management decisions inform business direction. And if they don't, they face appearing on a new OECD blacklist, an OFAC list and many more.

Cleaning up the 'Net

An action plan to combat the use and abuse of the internet for financial crime

Nigel Morris-Cotterill
PMB Book Format: 
Paperback
PMB Genre: 
Business and Professional
Publisher: 
Vortex Centrum UK /...

The internet is not a thing, it is not a place, it is not a person.

The internet, of itself, does nothing. It performs no function.

The internet does not form intent. It has no conscience.

The internet is like the pipes in a domestic plumbing system.

The plumbing system allows the delivery of water to terminal points: taps, showers and toilets. The internet allows the delivery of instructions and information to terminal points - computers.

There are those who misguidedly think that the world would be better off without lawyers. The UK legal profession's problem is that it has for so long abandoned its long-standing principles that it's become utterly rotten from within. Add in the deliberate destruction of the profession by successive governments and it's no surprise that there is a crisis from which few will emerge unscathed.

CoNet Section: 

The Legal Services Board, an industry body representing and - after a fashion - regulating lawyers in England and Wales, is to propose to The Lord Chancellor that will-writing and post-mortem legal services should be "reserved" - that means only those falling within the scope of the LSB's supervision should be allowed to do them. That's going to cause a near riot. And it may be another nail in the coffin of small firms.

CoNet Section: 

From World Money Laundering Report Vol. 2, No. 6
First published August 2000

First International Bank of Grenada, World Investors Stock Exchange and related matters in depth

Pages

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