A follow up on Digital Asst Act 2019:
Proposed Bill to Clarify Digital Assets and Standardize Licensing of Virtual Currency OperationsThe other day meron kaming discussion ni @Darker45 sa isa kong topic and upon further reading, na-realize ko na medyo magulo nga ang current set up ng BSP licensing, SEC regulation, tapos meron pa CEZA for offshore exchanges. With the bill filed by Senator Imee, sana maging malinaw na talaga at magkaroon ng standard process.
Senate Bill no. 1041, or the Digital Asset Act of 2019, introduced by Sen. Marcos to the Eighteenth Congress discusses the current digital asset landscape in the Philippines and possible rules that will aim to recognize digital assets by defining what they are, as well as standardizing the licensing process for virtual currency exchanges, e-money, and virtual asset businesses.
In her explanatory note, the newly-elected Senator explained how the current regulatory landscape when it comes, in particular, with cryptocurrencies is highly disorganized. Currently, the Bangko Sentral ng Pilipinas (BSP), through its monetary mandate, regulates transactions related to digital assets. In fact, any exchange that wants to do crypto-to-fiat transactions as a business must register with the regulator as Virtual Currency Exchange Licensee.
The Cagayan Economic Zone Authority (CEZA) also issues licenses under its “Financial Technology Solutions and Offshore Virtual Currency Exchange (OVCE) Business Rules and Regulations”. There are regular OVCE Principal and Regular Licenses, both of which only allows to conduct “offshore” businesses. This means they cannot service Philippine residences because the BSP regulates the local exchanges. The Securities and Exchange Commission (SEC), meanwhile, is the agency responsible for virtual asset offerings and operation of crypto trading platforms. The Commission is still in the process of creating rules for both activities and had so far released draft rules (and has sought the public’s opinion based on these draft rules). Senator Marcos’ explanatory note to the bill noted that “there are questions regarding the legal authority of CEZA to issue licenses.”