China cracks down on Tether, Hong Kong to introduce licensing for stablecoins: Law decoded

China Cracks Down On Tether, Hong Kong To Introduce Licensing For Stablecoins: Law Decoded



More than two years after implementing a significant crypto ban, Chinese authorities are moving to use cryptocurrencies like Tether (USDT) in foreign exchange transactions. China's Supreme People's Procuratorate (SPP), the highest national agency responsible for legal proceedings in mainland China, has warned against using USDT as an intermediary to trade the Chinese yuan against other fiat currencies. The agency issued a joint statement with the State Administration of Foreign Exchange (SAFE), urging local authorities to implement strict measures against the stablecoin in cross-border foreign exchange transactions.

In the statement, SPP and SAFE declared it illegal to use USDT as a medium of exchange for domestic and foreign currencies. Under the law, “domestic branches must improve coordination procedures to punish fraudulent foreign exchange purchases, illegal foreign exchange transactions and other illegal and criminal activities related to foreign exchange,” officials said.

Meanwhile, Hong Kong has proposed to accept and regulate “fiat-referenced stablecoins” (FRS), requiring issuers to obtain a specific local license. A joint consultation paper from the Office of the Financial Services and Treasury and the Hong Kong Monetary Authority (HKMA) outlines the definition of fiat-referenced stablecoins and “requires any company actively selling FRS to the Hong Kong public” to obtain a license from the HKMA.

The requirement to obtain HKMA approval includes full support of all circulation stablecoins “at least equal to fair value”, identification and maintenance of reserve assets, disclosure and regular reporting. The document states that algorithmic stablecoins will not be eligible for licensing.

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