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Taiwan’s Financial Watchdog Drafts Tough Crypto AML Laws With Prison Threats

Published 03 October 2024
Prashant Jha
Authors
Edited by Insha Zia

Key Takeaways

  • Taiwan’s financial regulator made key amendments to the country’s AML guidelines focused on crypto firms.
  • The new guidelines detail registration requirements, internal audits, monitoring systems, and investor protection.
  • Crypto companies must register with FSC by September 2025 or face hefty fines and even jail time.

In a move to tighten its grip on the crypto industry, Taiwan’s Financial Supervisory Commission (FSC) announced sweeping amendments to the country’s AML regulations that will come into force on Jan. 1, 2025.

The AML guidelines focus on crypto firms’ registration with the agency and penalties for violations, which include hefty fines and jail time.

Taiwan Ups the Ante on AML

The FSC made public the draft amendments on Oct. 1, outlining two key changes to the AML guidelines for virtual asset service providers (VASPs).

The first amendment necessitates the registration of crypto firms, while the second introduces a raft of new regulations aimed at preventing money laundering, including the cancellation of licenses, review mechanisms for the listing and delisting of virtual assets, and other aspects of crypto businesses.

The revamped AML guidelines will supersede the existing framework, with the current provisions set to be abolished. Crypto service providers have been given a 30-day window to comment on or object to the draft amendments.

The new regulations will require crypto service providers to register with the FSC by September 2025.

Non-compliance will be punishable by fines of up to NT$5 million ($155,900) and imprisonment of up to two years. The new guidelines are a significant step towards bringing Taiwan’s cryptocurrency sector in line with global AML standards.

Amended AML Guidelines

Taiwan’s amended AML guidelines have introduced 31 new articles, honing in on the internal workings of VASPs. The revised framework ensures that crypto firms operate transparently and accountable.

To register with the FSC, crypto asset service providers must specify their exact services, including virtual asset exchanges, trading platforms, transfer providers, custodians, and underwriters. This granular approach provides a clearer picture of each firm’s activities.

The FSC will now require VASPs to conduct an annual risk assessment and submit a report. Furthermore, they must establish robust internal control and audit systems and adhere to AML and terror financing guidelines.

The new guidelines also delve into crypto platforms’ daily operations, mandating that VASPs comply with legal obligations, such as handling customer complaints, disclosing information, and maintaining meticulous records.

To ensure a smooth transition, crypto firms compliant with AML requirements will have three months to register with the Commission once the new system takes effect and nine months to complete the registration process.

Notably, VASPs already registered under the old guidelines must re-register under the new framework, providing the necessary information to the FSC.

FSC Leads Asia’s Crypto Regulatory Race

Taiwan’s concerted efforts to establish a thriving crypto ecosystem over the past few years have catapulted it to the forefront of Asia’s digital assets landscape.

In stark contrast to its neighboring giant, China, Taiwan has charted its own course in embracing the crypto industry. By establishing clear and comprehensive guidelines, Taiwan has become one of the few countries offering well-defined regulatory frameworks for the asset class.

This clarity is particularly significant, as it provides crypto firms with a roadmap for compliance, including key AML regulations and registration requirements.

Apart from Taiwan, the European Union is the other prominent region that has developed a comprehensive crypto rulebook in the form of Markets in Crypto Assets (MiCA), which is set to come into full effect next year.

A clear regulatory framework plays a vital role, empowering crypto companies to operate with confidence, as they know exactly what regulators expect of them.

In contrast, a lack of regulatory clarity creates uncertainty and fear, as companies risk violating rules they may not even be aware of. By taking the lead in Asia’s crypto regulatory race, Taiwan is working to become a hub for innovation and growth in the digital assets space.

Prashant Jha

Prashant Jha is a seasoned crypto journalist based in Delhi, India, with a Bachelor’s Degree in Computer Science Engineering. Passionate about the evolving world of blockchain and cryptocurrencies, he has been a dedicated voice in the industry since 2018. Prashant’s expertise lies in regulatory reporting, where he unravels complex legal and financial developments with clarity and precision. Before joining CCN in 2024, he honed his craft at Cointelegraph, establishing himself as a trusted name in crypto journalism.

His coverage spans major industry events, including the high-profile collapses of FTX, Three Arrows Capital (3AC), and LUNA, offering readers insightful analyses of their regulatory and market implications. Prashant’s technical background enables him to bridge the gap between intricate blockchain technology and its real-world applications, making his work accessible to novices and experts.

Beyond his professional pursuits, Prashant is an avid music enthusiast, often exploring diverse genres to unwind. A sports lover, he has a particular passion for cricket and frequently engages in discussions about the game. His multifaceted interests and sharp journalistic instincts make him a valuable contributor to CCN, where he continues shaping the crypto landscape's narrative.

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