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Regulatory & Policy Landscape

July 2024

GoI announces the release of policy discussion paper on VDAs to seek comments and views from relevant stakeholders by September 2024

September 2023

The Reserve Bank of India (RBI) releases a circular prohibiting banks from dealing in VDAs and providing services facilitating the buying and selling of VDAs.

September 2023

G20’s New Delhi Declaration endorse the International Monetary Fund-Financial Stability Board high-level recommendations for the regulation, supervision and oversight of VDAs

March 2023

PMLA registers Virtual Digital Asset Service Providers (VDA SPs) as “Reporting Entities” under Section 2(1)(sa). VDA SPs are also registered under FIU-IND

February 2023

National Cybercrime reporting portal embraces VDAs in its reporting framework to create a channel for consumers to flag cyber fraud

February 2023

Finance Bill amends the IT Act under Section 271C, which will also penalises non-payment of  VDA TDS (tax deducted at source)

April 2022

CERT-In issues directions under IT Act 2001 which govern and introduce compliance protocols for VDA Service Providers (VDA SPs)

February 2022

The Government of India (GoI) brings VDAs under the purview of the Income Tax Act 1961, effective April 2022

February 2022

Advertising Standards Council of India (ASCI) releases the ‘Guidelines for Advertising Virtual Digital Assets and Linked Services’

May 2021

RBI clarifies that the previous circular is no longer valid and that customers cannot be cautioned against crypto-asset transactions.

March 2021

Ministry of Corporate Affairs (MCA) issues a notification requiring new disclosures on VDAs by companies in their financial statements.

March 2020

Supreme Court of India sets aside the RBI circular as a disproportionate restriction of trading platforms’ fundamental right to do business.

International policy landscape

With the rising prominence of Web3, countries like Brazil, the UK, and Singapore have established regulatory frameworks to oversee the Web3 ecosystem. These frameworks primarily address the societal, environmental, and economic implications of this evolving technology. While numerous nations lack formal regulations for blockchain and Web3, an increasing number are actively adopting policies to govern this transformative sector.

Here are some prominent global regulations and licensing trends affecting Web3 domains today:

Law

Goal

Launch Date

To support digital asset innovation and stablecoins framework

April 17, 2024

To improve data accessibility and promote a competitive cloud market in Europe

January 2024

To minimize financial stability risks and ensure investor protection

August 1, 2023

To regulate virtual asset transactions

July 27, 2023

UK & Singapore Financial Dialogue

To support international standards around digital assets

July 26, 2023

To regulate virtual asset mechanisms

Published in December, 2022, but came into force on June 20, 2023

To increase awareness on investment

March 9, 2022

G20’s Crypto Roadmap: A Step Towards Global Coordination

The G20, under India’s presidency in 2023, laid a comprehensive foundation for addressing the challenges and opportunities posed by cryptocurrencies and virtual digital assets (VDAs). Recognizing the need for global regulatory harmonization, the G20 endorsed a detailed roadmap for crypto-assets developed by the Financial Stability Board (FSB) and supported by the International Monetary Fund (IMF) and other global standard-setting bodies.

Key highlights of the roadmap include:

  • Regulatory Consistency: Emphasis on implementing robust frameworks to mitigate risks like money laundering, terrorist financing, and financial instability.
  • Global Collaboration: A call for international coordination to prevent regulatory arbitrage and ensure cohesive policies across jurisdictions.
  • Consumer Protection: Focus on safeguarding users while fostering innovation within the crypto space.
  • Risk Assessment: Identification of potential risks to financial stability and exploration of tools to address them.
  • Central Bank Digital Currencies (CBDCs): Discussion on the design and implications of CBDCs, with guidance on interoperability and governance.

BWA is committed to G20’s goal of balancing innovation with regulation, creating an environment where cryptocurrencies can thrive responsibly while minimizing risks to the global financial system