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China Tightens AML Law: Crypto Transactions Now Flagged as Money Laundering Tools

Published August 20, 2024 11:12 AM
Teuta Franjkovic
Published August 20, 2024 11:12 AM
By Teuta Franjkovic
Verified by Insha Zia

Key Takeaways

  • China has strengthened its anti-money laundering regulations to include digital currencies and other virtual assets.
  • Individuals involved in such activities face fines and potential imprisonment.
  • The timing of the revisions has led to speculation about a potential easing or lifting of China’s crypto ban, although there’s no official confirmation.

For the first time since 2007, China has updated its Anti-Money Laundering (AML) framework  to specifically target the Wild West of virtual assets.

In a landmark decision, the Supreme People’s Court and the Supreme People’s Procuratorate declared  their revised interpretation of the AML laws, now officially recognizing transactions involving virtual assets as potential conduits for money laundering.

Closing the Loophole

The updated regulations ban “covering up and concealing the source and nature of criminal proceeds and their benefits by other means,” effectively closing a major loophole that had allowed individuals to use digital currencies to launder illicit funds.

Under the new regulations, those found guilty of using virtual assets for money laundering face fines ranging from 10,000 ($1,400) to 200,000 ($28,000) Chinese yuan and prison sentences of five to ten years, depending on the severity of the offense.

The updated laws also provide explicit guidelines for defining “serious circumstances” in money laundering offenses, including scenarios where individuals fail to cooperate with investigative authorities or when the laundered sum exceeds 5 million Chinese yuan.

A Growing Problem

In recent years, China has seen a significant increase in money laundering prosecutions. In 2023, 2,971 individuals were prosecuted  for money laundering, a twentyfold rise from 2019. This escalation highlights the growing scale of financial crime and the need for effective regulatory frameworks.

The updates to China’s AML laws are part of a broader effort to enhance the country’s regulatory sector and combat financial crimes, particularly those involving virtual assets. By defining more clearly what constitutes a serious money laundering offense and imposing harsher penalties, China aims to crack down on financial crimes and maintain a stable financial system.

China’s AML Law Revisions Fuel Crypto Speculation

The timing of these revisions has sparked speculation within the financial and crypto industries. Some suggest that the changes could indicate a shift in policy, potentially leading toward a relaxation or even a lifting of China’s longstanding ban on cryptocurrency trading. However, no official confirmation or concrete evidence substantiates this claim.

China’s stance on cryptocurrencies has been multifaceted and evolving over the years. In 2017, the government banned crypto exchanges and extended this prohibition in 2021 to encompass both crypto trading and mining activities. While the recent updates to the AML laws have fueled speculation, it remains to be seen whether China will relax or lift its ban on cryptocurrency trading.

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