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Content:
- Africa's quiet cryptocurrency revolution
- 7 Africa-Based Crypto Exchanges You Should Know
- Cryptocurrencies: Why Nigeria is a global leader in Bitcoin trade
- Shiba Inu to Dogecoin: 7 best Cryptocurrencies for long-term investment
- Poor regulation pushing South Africa’s crypto firms to relocate
- Crypto 101: Cryptocurrency on the African Market
- Top 5 Bitcoin Investors
- Top cryptocurrency prices today: Bitcoin, Ethereum, Terra shed up to 7%
- Либо искомый домен заблокирован по решению суда
- We invest in blockchain
Africa's quiet cryptocurrency revolution
The crypto economy worldwide has experienced significant milestones, fuelling the record surge of the digital asset, and the industry is expected to maintain momentum despite the fluctuations in its value. The first and second quarters of were punctuated by noteworthy developments in the field of cryptocurrencies, wherein the crypto market not only attracted retail investors, but also traditional financial institutions and large corporations that are looking to profit from the emerging trend of digital assets.
The world is experiencing the greatest appreciation of cryptocurrency in history, and it is becoming clear that this will not be going away anytime soon. Africa is no exception, and Kenya is one of the three largest Bitcoin markets in Africa alongside giants like Nigeria and South Africa. This was aptly captured by firms like LocalBitcoins, a P2P Bitcoin marketplace that facilitates over-the-counter trading of local currency for Bitcoins.
In addition, Chainalysis, the blockchain data platform offering crypto analysis, among other things, offered insights into the emerging markets, including Kenya. In its report, it revealed that Kenya is now ranked as leading adopter of cryptocurrency, sitting at position five in the world on global cryptocurrency activity. Chainalysis indexed the outcome on three pertinent pillars, namely: on-chain cryptocurrency value received, which captures all total crypto activity; on-chain retail value transferred, which measures how much cryptocurrency individuals are transacting; and P2P trading volumes.
It is evident that based on the above-captured metrics and numerous others carried out in previous years, Kenya has witnessed huge transaction volumes on P2P platforms when adjusted for GDP per capita and the internet-using population.
The report further highlighted that many residents use P2P cryptocurrency exchanges as their primary on-ramp into cryptocurrency, premised by the fact that they did not have access to centralised exchanges.
The pertinent question to ask is why are Kenyans using these platforms? It goes without saying that Kenya is not estranged from the problems that bedevil Africa as a whole and from the report, it is clear that many turn to cryptocurrency to preserve their savings in the face of currency devaluation, send and receive remittances, and generally carry out business transactions.
Aside from trading volumes, notable developments and projects in the blockchain and crypto space have witnessed an initial pilot testing of the usage of Akoin. The year also witnessed the acceleration of Sarafu, a community inclusion currency that recently transitioned into a cryptocurrency. Established in , the Sarafu Network is a basic income programme that aims to empower and support vulnerable Kenyan households by creating a cushion in times of financial crisis by distributing income tokens.
Sarafu works like vouchers, which can be exchanged for goods or services. Anyone with a Kenyan mobile phone is eligible, including feature phones. However, the issue that remains is how the lack of a clear, agreeable, multi-stakeholder policy on how to govern such cryptocurrencies and cryptocurrency businesses has led to a deadlock that has left room for hidden markets, scams and fraud to thrive, while locking out safe, viable, formal businesses and products.
The question for Kenyan policy makers is whether they have the courage to let cryptocurrency and innovation take place in an intelligently regulated fashion with broad economic benefit, or the irresolution to force it to happen elsewhere.
This was predicated on the case of Wiseman Talent Ventures Ltd. The draft CMA regulations on investment-based crowdfunding are meant to control the raising of finances through crowdfunding platforms and protect the investors using the platforms. The regulations are aimed at ensuring that crowdfunding platforms are operated by licensed persons only and that participation on the platforms only involves eligible issuers and investors. Attention must be paid to the wording of the regulations, which includes some interesting definitions under Section 1 of the draft regulations, inter alia :.
Due to the broad wording of the regulations, it can be opined that crowdfunding through ICOs is definitely catered for, albeit not expressly captured. A platform operator is expected to prepare and display a warning statement on the crowdfunding platform to all visitors using the platform, to investors, and on all application investment forms. Investors must then sign the risk acknowledgment form to confirm that they understand that the risks of the proposed investment, that they will never be able to sell the security, that they will be provided with minimal disclosure and that they will not have the benefits of protection associated with the investment.
Indeed, the regulations are a commendable move by the National Treasury and the CMA as they will ensure that investors using crowdfunding platforms are protected and that the raising of finances on crowdfunding platforms is controlled. These regulations will also enhance accountability and transparency of operations on the crowdfunding platforms and will ensure the supervision of crowdfunding operations by the CMA.
The other key advantage is that this provides another avenue for businesses to seek funding and diversify their funding sources from traditional financial institutions such as banks. In a bid to position for future outcomes, the CMA Soundness Report highlighted the steps taken in South Africa with regard to bringing crypto assets into the purview of regulation.
It is clear from this report that Kenya is positioning itself to regulate crypto assets and that South Africa is a good benchmarking jurisdiction. In South Africa, the Intergovernmental Fintech Working Group, through the Crypto Assets Regulatory Working Group, published a position paper on crypto assets, focusing its attention on certain key areas, including that crypto assets will be brought into the South African regulatory purview in a phased and structured manner across three main areas:.
From the elaborate leanings of the South African government, the CMA has concluded that multi-stakeholderism with other financial regulators in Kenya is imperative, the most important being the CBK. The year was not devoid of scammers, however, and the CMA flexed its muscles and put out a cautionary warning against investing in a particular online Bitcoin trading company in Kenya. The CMA requested that any investor who has been defrauded to report to the nearest law enforcement authorities with the relevant documents, including any contract that was entered into to support the claim.
Following its Annual Supervision Report , the CBK stated with regard to cryptocurrency and blockchain digital ledger technologies that there is a budding interest in cryptocurrencies driven by their potential use as a medium of exchange. The CBK stressed that cryptocurrencies had garnered significant attention over the last seven to nine years, resulting in growing debates and concerns over the efficacy and economic use of cryptocurrencies. The report acknowledged that research to demystify cryptocurrencies had been conducted by organisations such as the Financial Stability Board, the Bank for International Settlements, the Committee on Payments and Market Infrastructures, the Basel Committee on Banking Supervision, the European Union and the G The research emphasised that there is no clear evidence that cryptocurrencies present material risks to financial stability and monetary policy at this stage.
However, continuous monitoring of the size and growth of cryptocurrencies is prudent to ensure that their material risks are identified as well as their transmission channels to financial stability risk. In conclusion, the CBK is inclined to work in tandem with other financial sector regulators, and will continue to inform the public of the potential risks posed by cryptocurrencies.
However, contrary to its conclusions discussed above, the CBK is yet to regulate the space or provide guidance on the same. The Bank prohibited the use of traditional financial institutions to transact with crypto-based companies, never provided an alternative, and no action is being undertaken. In summation, cryptocurrencies are still not regulated in Kenya nor are they backed by the government or the CBK, and therefore they are not recognised.
In Kenya, there are still no specific cryptocurrency laws and so the general regime of the law applies. After the appointment, the DC commenced the formalities of setting up the office and now that things have settled down, enforcement of the provisions of the DPA has commenced.
Due to the varied interpretation of the provisions of the DPA, it was necessary for the privacy regulator to issue follow-up regulations and guidelines.
These are aimed at the implementation aspect of the provisions of the DPA. The regulations also contain the official forms to be used as required by the DPA.
In April , the office issued the following further draft guidelines, which are now subject to public participation before adoption:. These draft regulations are timely since, in the last year, data controllers and processors have adopted different ways of implementing the DPA in their business procedures to achieve some sort of compliance.
It is appreciated that blockchains are a class of technology. Indeed, there is not simply one version of this technology. Rather, the term refers to many different forms of distributed database that present much variation in their technical and governance arrangements and complexity. Compatibility between distributed ledgers and the DPA can only be assessed on the basis of a detailed, case-by-case analysis that accounts for the specific technical design and governance set-up of the relevant blockchain use case.
It is clear that these tensions play out in many domains. For example, does data typically stored on a distributed ledger, such as public keys and transactional data, qualify as personal data for the purposes of the DPA?
Specifically, the question is whether personal data that has been encrypted or hashed still qualifies as personal data. It is often assumed that this is not the case; however, such data likely does qualify as personal data for DPA purposes, meaning that the DPA will apply where such data is processed.
Whereas the DPA requires that personal data that is processed be kept to a minimum and only processed for purposes that have been specified in advance, these principles can be hard to apply to blockchain technologies. Distributed ledgers are append-only databases that continuously grow as new data is added. In addition, such data is replicated on many different computers.
Both aspects are problematic from the perspective of the data minimisation principle. Indeed, blockchains are usually deliberately designed to render the unilateral modification of data difficult or impossible. In conclusion, there are very technical specificities and governance designs of blockchain use cases that can be hard to reconcile with the DPA.
Therefore, blockchain architecture for any specific organisation from the outset needs to be designed in a manner that ensures compliance with the DPA. Pursuant to the Warning Notice issued by the CBK in , it neither prohibits the sale of cryptocurrencies nor does it legitimise it. Hence, it is clear that the sale of virtual currencies and tokens in Kenya is not prohibited or regulated.
Kipchoge is considered the greatest marathoner of all time for being the first human in history to run a sub-two-hour marathon as part of the INEOS Challenge in in Vienna. Despite the inclination to tax cryptocurrencies through the Finance Act, amendment to the Income Tax Act of Kenya, it remains to be seen what the impact will be on individual users targeted by the new taxes as well as firms, both large and small.
In all likelihood, large companies such as Zoom — which has started paying VAT on its services in Kenya — will weather the storm. However, service taxes, for example, could be a heavy weight for struggling start-ups that shifted into the digital space for survival. This could have the effect of stifling the young, local digital industry. One of the biggest threats perceived by regulators is that some cryptocurrency transactions are completely anonymous.
The question then is how will regulators oversee this in a manner that promotes the financially inclusive capabilities of cryptocurrency, while also preserving national security interests?
This Act provides for mandates to entities with regard to reporting and monitoring obligations. Also, they must be able to identify those persons who are mandated to undertake the transactions, on their behalf or on behalf of others. Banks and other reporting institutions have to conduct the CDD in such a way that they will be able to explicitly identify the business operations and transactions with the customer in the future.
Enhanced customer due diligence ECDD is not internationally defined. Nonetheless, it is clear that ECDD is a process of investigation, which is rigorous and robust over and above know-your-customer KYC procedures. This begs the question whether the same requirements apply for cryptocurrencies and whether virtual asset providers operating in Kenya should be included as reporting institutions.
Blockchain technology poses a challenge with regard to compliance with KYC provisions. Practical recommendations would include: outsourcing the data validation function to external entities that can certify or validate the data being put into the blockchain, while responsibility and corresponding liability for compliance remains with the regulated entity; and using blockchain explorer software.
That said, it does specifically prohibit the outsourcing of KYC due diligence obligations when transacting with jurisdictions that have been designated as high risk or are otherwise monitored by the FATF. In , the CMA set up a Regulatory Sandbox to help it gain insight into new innovations and facilitate live testing, in essence to reduce the risk to consumers from new financial products and services.
In its introduction, the report was to take note of the achievements realised and to reflect on the lessons learnt since it began operating in March At the time, one of the main outcomes that the CMMP sought was to stimulate innovation that would broaden the products and services offered in the capital markets, deepen market participation and liquidity, and drive transformative economic development. There is still a lot to be explored with the Sandbox and we hope this will be reflected in the next Milestone Report.
Owing to the ruling in Wiseman Talent Ventures Ltd , cryptocurrencies are treated as securities, and this is regarded as the current position. Mining is not prohibited; however, despite an implication that such activities would attract digital services tax at 1. Earnings from mining activities are naturally subject to existing laws and regulations that attract income tax payments, and are undertaken within the current regulation as long as they do not promote or encourage prohibited activities.
Fortunately, or unfortunately, there are no definite obligations to declare cryptocurrency holdings. Nevertheless, any declarations would naturally be included as part of the existing regime of laws where such declarations would be expected.
No report has been updated on this. It is clear that Kenya does not have specific cryptocurrency payment declarations. These safeguards over fiat currency are likely to apply to cryptocurrencies as well, but the same are tweaked within the crypto space as per each individual exchange; for example, under Paxful, a cryptocurrency exchange and a player within the Kenyan space has various KYC requirements depending on the amount of money being traded.
Despite the lack of a legal framework for digital inheritance, which would, among other things, address the definition, scope and transfer of digital assets, and facilitate intestate succession, the Kenyan Judiciary is appreciative of the new World Order we find ourselves in. Digital estate is defined to include digital media and rights that can be inherited.
This is an important and emerging area of inheritance practice worldwide and Kenya is no exception.
7 Africa-Based Crypto Exchanges You Should Know
You might be using an unsupported or outdated browser. To get the best possible experience please use the latest version of Chrome, Firefox, Safari, or Microsoft Edge to view this website. You may be familiar with the most popular versions, Bitcoin and Ethereum, but there are more than 5, different cryptocurrencies in circulation. A cryptocurrency is a medium of exchange that is digital, encrypted and decentralized. Unlike the U.
Cryptocurrencies: Why Nigeria is a global leader in Bitcoin trade
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Shiba Inu to Dogecoin: 7 best Cryptocurrencies for long-term investment
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Poor regulation pushing South Africa’s crypto firms to relocate
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Crypto 101: Cryptocurrency on the African Market
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Top 5 Bitcoin Investors
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Top cryptocurrency prices today: Bitcoin, Ethereum, Terra shed up to 7%
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Либо искомый домен заблокирован по решению суда
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We invest in blockchain
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