South Korean Regulator Raises Concerns Over Legality of US Bitcoin ETFs
South Korea's financial regulator, the Financial Services Commission (FSC), has recently released a statement expressing concerns over the legality of US bitcoin exchange-traded funds (ETFs) in the country
According to the FSC, domestic brokerage of a US-listed bitcoin spot ETF by South Korean securities firms may potentially conflict with the country's Virtual Asset User Protection Act and the Capital Markets Act, although no further details were provided.
- The Bank of Korea's governor, Lee Ju-yeol, first emphasized the need for cryptocurrency regulation in 2017, stating that cryptocurrencies are commodities, not legal tender. The FSC's notice of further review comes before SEC chair Gary Gensler's scheduled meeting with his Korean counterpart in Washington, DC, this month.
- South Korean authorities have also announced plans to create regulations that would make officials' crypto holdings public. In the US, Vanguard has decided not to offer spot bitcoin ETFs, including BlackRock's iShares Bitcoin Trust (IBIT) and Grayscale Bitcoin Trust (GBTC), on its platform, citing a misalignment with the company's investment portfolio strategy.
FSC's announcement
The FSC's announcement also underscores the importance of cross-border coordination in regulating cryptocurrencies. As more countries explore the potential of digital assets, regulatory cooperation and harmonization will be crucial in ensuring investor protection and preventing market manipulation.
The Impact on the Cryptocurrency Market
Market participants and investors must stay informed of regulatory developments and assess their potential impact on the cryptocurrency market. While the legal status of US bitcoin ETFs in South Korea remains uncertain, the ongoing dialogue between financial regulators in both countries is a positive step towards building a more robust and secure cryptocurrency ecosystem.
As the cryptocurrency market continues to evolve and mature, regulatory clarity and cooperation will be essential in achieving mainstream adoption and unlocking the full potential of digital assets.
Investors and market participants should remain vigilant, stay informed, and work with regulators to ensure a thriving and sustainable cryptocurrency ecosystem.
References:
Reynolds, S. (2024, January 12). South Korean Financial Regulator Says U.S. Bitcoin ETFs May Violate Local Law. Retrieved from https://www.coindesk.com/policy/2024/01/12/south-korean-financial-regulator-says-us-bitcoin-etfs-may-violate-local-law/
Saxena, V. (2024, January 12). South Korea Warns Against Brokering US Bitcoin ETFs Locally. Retrieved from https://www.asiafinancial.com/south-korea-warns-against-brokering-us-bitcoin-etfs-locally
South Korean regulator warns brokering US bitcoin ETFs locally may be illegal. (2024, January 13). Retrieved January 13, 2024, from https://www.reuters.com/technology/south-korean-regulator-warns-brokering-us-bitcoin-etfs-locally-may-be-illegal-2024-01-12/
B. (2023, November 7). Bitstamp Monthly Briefing – October 2023. Retrieved from https://blog.bitstamp.net/post/bitstamp-monthly-briefing-october-2023/
Freepik - Goodstudiominsk. (n.d.). Retrieved January 5, 2024, from https://www.freepik.com/author/goodstudiominsk
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