China Declares Cryptocurrency-Related Activities Illegal

BEIJING, September 23 (TMTPOST) — The People's Bank of China, the country’s central bank, has released the Notice on Further Regulating and Preventing Risks Posed by Cryptocurrency Transactions, which stresses that cryptocurrency-related activities are illegal financial activities.

According to the notice, cryptocurrency does not enjoy the legal status that fiat money has. Cryptocurrencies are decentralized digital money based on blockchain technology. They are not issued by the authority and therefore do not enjoy the legal recognition that fiat money has. Cryptocurrencies should not be used as money in the market and enter circulation. Financial activities that involve cryptocurrencies are all illegal activities, the central bank stated in the notice. Financial services that facilitate the exchange between cryptocurrency and fiat money, exchange of information on cryptocurrency trading, pricing of cryptocurrency, trading of cryptocurrency derivatives, and financing through cryptocurrency are forbidden and considered illegal. Criminal liabilities can be imposed if relevant violations constitute a criminal offense.

The notice also states that it is also considered an illegal financial activity for overseas cryptocurrency exchange organizations to provide exchange services through the Internet for residents within China. Employees of such overseas exchange organizations who knowingly engage in cryptocurrency services and provide services on the marketing of cryptocurrency, payment, and technical support are punishable by law.

The notice calls for more efforts in establishing a working mechanism in response to cryptocurrency trading as well. The notice states that it is important to establish coordination between government departments, and between the central government and local governments to monitor cryptocurrency activities.

In addition, a risk forecast on cryptocurrency trading should be built, according to the notice. The central bank and the Cyberspace Administration of China should optimize their monitoring technology that targets cryptocurrency activities. Financial institutions and non-bank payment organizations should also enhance their efforts in monitoring cryptocurrency activities.

Lastly, the notice calls for the development of a multi-level mechanism to prevent cryptocurrency trading and enforce relevant laws and regulations. The multi-level mechanism should involve financial management departments, telecom departments, law enforcement, and market regulators, etc.

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