Cryptocurrency regulations are legal frameworks that are created by the government to govern cryptocurrencies. These frameworks involve guidelines that must be followed by organisations in order to offer their services in the country in question.
Laws and regulatory frameworks differ by country, and occasionally within countries– such as in the US, where states have their own powers. Across countries like within the European Union, you’ll find a new bloc-wide framework usurping domestic ones.
While few jurisdictions have outlawed crypto trading outright, most have already or are in discussions to bring cryptocurrency exchanges, also known as crypto or virtual asset service providers (CASPs/VASPs) that operate within their jurisdiction under regulatory oversight. This generally requires them to register with agencies for anti-money laundering purposes and to declare some element or their financial gains.
Regulation is a hot topic in the crypto space. On one hand, the introduction of regulatory frameworks paves the way for mass adoption, which could cause a spike in demand for cryptocurrencies. On the other hand, some crypto enthusiasts believe that regulatory frameworks take away from the decentralized nature of cryptocurrency.
In this guide, we will explore the current status of cryptocurrency regulations around the world.
Cryptocurrency Regulations Around the World: Painting A Picture
Regulators certainly do a lot of talking about the need for firmer domestic rules and guidance, even if the pace of change is severely lagging behind the explosion of the global crypto market.
Most recently, former President-Elect Donald Trump has promised to introduce crypto regulations that will turn the US into a crypto hub if he wins the upcoming election. Trump is the first US presidential candidate to openly talk about crypto in his campaign.
Meanwhile, in Europe, the European Union has recently launched the Markets in Crypto-Assets Regulation (MiCA) bill which is the first comprehensive regulatory framework for cryptocurrency. The bill strives for global stablecoin regulation, which will legitimize the industry for lawmakers. The introduction of the framework will offer higher consumer protection and increase market stability.
Earlier this year, the world’s first crypto ETFs were launched on the stock market. This provides investors with a centralized way to trade cryptocurrencies on the stock market. 2024 has also seen an increase the number of banking providers that offer crypto services. Last month the ‘world’s 2nd safest bank’ – Zurcher Kantonalbank – launched its first crypto offer to clients.
Cryptocurrency Regulation Around the World
Over the last few years, cryptocurrency regulation has seen significant improvements. Here is an overview of current regulations around the world.
United States
Status: Legal but regulated.
Regulation: The U.S. has a complex regulatory environment where cryptocurrencies are considered assets and subject to capital gains tax. Agencies like the SEC and CFTC regulate crypto securities and futures. AML (Anti-Money Laundering) and KYC (Know Your Customer) requirements are enforced for crypto exchanges.
Unregulated currency exchanges are prohibited in the US. Similarly, US residents can’t trade crypto derivatives.
2. Europe
Status: Legal but regulated.
Regulation: The EU introduced the Markets in Crypto-Assets (MiCA) framework in 2023, aiming to standardise crypto regulations across Europe by the end of 2024. MiCA will establish rules for token issuance, exchanges, and stablecoins, with a strong focus on consumer protection and market integrity.
3. United Kingdom
Status: Legal but heavily regulated.
Regulation: The UK has strict regulations regarding crypto assets, especially in areas like advertising and promotions. The Financial Conduct Authority (FCA) requires crypto businesses to register and comply with anti-money laundering standards. The UK treats cryptocurrencies as property, subject to capital gains tax.
4. China
Status: Banned.
Regulation: China has imposed a complete ban on cryptocurrency trading and mining since 2021, after concerns about financial stability and high energy consumption.
However, the government is working on its own central bank digital currency (CBDC), the Digital Yuan. This currency would be controlled by the central bank, making regulation easier
5. Japan
Status: Legal and regulated.
Regulation: Japan has a progressive stance on cryptocurrency and was one of the first countries to regulate it through the Payment Services Act. Crypto exchanges must register with the Financial Services Agency (FSA) and adhere to strict AML and KYC protocols.
6. South Korea
Status: Legal but tightly regulated.
Regulation: South Korea enforces stringent regulations, including mandatory AML compliance, real-name account requirements for crypto trading, and a comprehensive tax framework. The government is considering broader regulations on digital assets.
7. Singapore
Status: Legal and regulated.
Regulation: Singapore takes a balanced approach to crypto regulation through the Payment Services Act (PSA), requiring licensing for crypto service providers and enforcing AML rules. The country is a hub for crypto innovation, attracting many blockchain companies.
8. India
Status: Legal but uncertain.
Regulation: India has shifted its stance several times, initially considering a ban, but as of recent, cryptocurrencies are legal but taxed heavily. A 30% tax on crypto profits is in place, and there’s ongoing discussion about implementing stricter regulations or potentially launching a CBDC.
9. Australia
Status: Legal and regulated.
Regulation: Cryptocurrencies are legal and considered property for tax purposes. Crypto exchanges must register with ASIC and comply with AML/CTF (Anti-Terrorism Financing) laws. The Australian government is exploring further regulation for the cryptocurrency sector.
10. Russia
Status: Legal but restricted.
Regulation: While cryptocurrencies are legal in Russia, their use in payments is banned. The government allows crypto trading as an investment asset but has imposed strict regulations around taxation and reporting requirements.
11. United Arab Emirates (UAE)
Status: Legal and crypto-friendly.
Regulation: The UAE, particularly Dubai, is emerging as a crypto-friendly jurisdiction with regulatory frameworks for crypto assets under the Dubai Virtual Assets Regulatory Authority (VARA). It has attracted many crypto exchanges and blockchain firms to the region.
12. Canada
Status: Legal and regulated.
Regulation: Cryptocurrencies are legal in Canada and subject to taxation. Crypto exchanges must register with FINTRAC and follow AML/KYC regulations. The Canadian Securities Administrators (CSA) also oversees crypto assets and requires compliance with securities laws.
13. Brazil
Status: Legal with upcoming regulations.
Regulation: Brazil has taken steps to regulate cryptocurrencies, and in 2022, passed legislation aimed at bringing clarity to the market. The regulations are still evolving, and the country is working toward formalizing crypto tax policies and consumer protections.
14. Switzerland
Status: Legal and highly regulated.
Regulation: Switzerland is a global leader in crypto regulation, offering a robust legal framework for digital assets. The country recognizes cryptocurrencies as assets and has clear tax guidelines. The Swiss Financial Market Supervisory Authority (FINMA) regulates crypto-related businesses.
15. Turkey
Status: Legal but with restrictions.
Regulation: Cryptocurrencies are legal in Turkey, but their use in payments has been banned. The government is working on introducing a regulatory framework, and cryptocurrencies are treated as taxable assets.
The Future of Crypto Regulation
The future of crypto regulation remains uncertain, but one thing is clear: regulatory bodies will continue to play a crucial role in shaping the cryptocurrency market. As the market grows and evolves, regulators must adapt to new challenges and risks.
One significant trend in crypto regulation is the increasing focus on investor protection. Regulatory bodies are working to ensure that investors have access to clear and accurate information about cryptocurrencies and are shielded from fraudulent activities. This focus on transparency and security is vital for building trust in the market.
Another emerging trend is the importance of international cooperation in crypto regulation. Given that cryptocurrencies are a global phenomenon, regulatory bodies must collaborate to develop common standards and guidelines. This international approach can help create a more cohesive and effective regulatory framework.
In the United States, several bills and proposals aim to clarify and strengthen crypto regulation. For example, the Token Taxonomy Act seeks to provide clarity on the tax treatment of cryptocurrencies, while the Digital Asset Market Structure and Investor Protection Act aims to establish a comprehensive regulatory framework for the cryptocurrency market.
Overall, the future of crypto regulation will be shaped by a combination of technological innovation, market developments, and regulatory responses. As the market continues to evolve, staying informed and up-to-date with the latest developments in crypto regulation is essential.