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FATF: DeFi with identifiable controllers should be regulated as virtual asset service providers

The Financial Action Task Force (FATF) stated in a report released on Tuesday that if identifiable individuals retain "control or sufficient influence" in DeFi arrangements, its rules apply, regardless of how decentralized the project claims to be.FATF noted that many DeFi projects still frequently exhibit centralized elements in practice, including the concentration of governance tokens, management authority, upgrade control, and fees and rewards flowing to insiders. The report categorizes DeFi into three types: those with identifiable controllers, those that are actually centralized but where operators are hidden, and those that are truly leaderless, with only the last category not subject to its standards.The report stated that nearly 93% of jurisdictions responding to the survey have not applied the relevant standards to any qualifying DeFi arrangements, with only 26 out of 142 jurisdictions having assessed risks, 4 having established licensing rules, and only 2 having registered or licensed relevant platforms. FATF requires countries to mandate or encourage DeFi projects to embed anti-money laundering controls into smart contracts or interfaces; for platforms that refuse to cooperate, jurisdictions may prohibit them from operating locally as a last resort. The report also stated that the total value locked in DeFi reached $86.6 billion this year, an increase of approximately 85% compared to 2023.

The FATF has released the seventh update report on the implementation of virtual asset standards, calling for the closure of regulatory gaps

According to the latest report released by the Financial Action Task Force (FATF), FATF conducted the seventh special assessment of the implementation of Recommendation 15 (R.15) across global jurisdictions. The report indicates that since the last update in 2025, countries have continued to advance in the regulation of virtual assets (VA) and virtual asset service providers (VASP), including conducting risk assessments, improving licensing and registration frameworks, implementing travel rules, and strengthening law enforcement actions.However, the report also points out that significant gaps still exist, mainly reflected in: the difficulty in effectively translating risk assessment results into mitigation measures, insufficient implementation of licensing and registration frameworks, challenges in identifying VASP activity subjects, and inadequate effectiveness of risk-based supervision and law enforcement. In terms of emerging risks, the report focuses on the following areas: the exacerbation of the "industrialization" trend of organized crime groups using virtual assets to commit fraud, the rising risk of stablecoin abuse, risks associated with non-custodial wallet peer-to-peer (P2P) transactions, offshore VASPs operating outside of regulation, and ongoing challenges in the DeFi sector. FATF calls for the public and private sectors to jointly strengthen the implementation of R.15, enhance risk mitigation capabilities, and deepen domestic, international, and public-private cooperation mechanisms.

Officials from the South Korean National Tax Service proposed to amend the Criminal Procedure Act to strengthen the rules for seizing individuals' virtual assets

According to Digital Asset, officials from the Korean National Tax Service have proposed legislative suggestions, believing it is necessary to amend the Criminal Procedure Act to allow for the seizure of virtual assets held by individuals. Individual ownership of digital assets refers to the situation where the private key is directly held by the individual, without the need to entrust a third party for custody or disposal.In June of this year, four individuals, including Zhang Xiyuan, the head of the National Tax Service investigation team, published a paper titled "Limitations and Legislative Review of Self-Protecting Virtual Asset Seizure Execution" in the journal "Criminal Policy Research" of the Korean Institute of Criminology and Justice. The paper explains that separate regulations must be established for the requirements and procedures for transferring to a public wallet or obtaining control. The paper first points out that when a suspect or owner holds access means such as a private key, the search warrant must clearly specify the following: the type and quantity of digital assets to be seized; verified addresses; addresses to be transferred; methods of transfer; and storage methods after the transfer. Furthermore, due to the risks of theft associated with transferring assets to wallets managed by a single entity, the paper proposes a method for transferring to a joint address managed by both the court and investigative agencies.

The Supreme Procuratorate issued a document: Systematically breaking through the threefold dilemma of using virtual currency for money laundering regulation in criminal law

According to a report by the Procuratorial Daily, researchers from the People's Procuratorate of Yuhu District, Xiangtan City, Hunan Province, and the Law School of Xiangtan University have jointly written an article proposing a systematic response plan to the regulatory dilemmas of money laundering crimes using virtual currency. The article points out that current judicial practice faces three major dilemmas: first, Article 191 of the Criminal Law limits money laundering crimes to seven types of upstream crimes, resulting in many cases being treated as "concealment crimes"; second, methods such as mixers, privacy coins, and cross-chain transfers lead to fragmented evidence chains, making traditional investigative methods difficult to penetrate; third, conflicts in the legal attributes of virtual currency, a vacuum in procedural rules, and barriers to cross-border cooperation make it difficult to recover assets.In response, the article suggests promoting "dual investigations for one case," establishing the principle of self-authentication of blockchain data, constructing a tiered standard of proof, and establishing a national-level custody and disposal platform for involved virtual currencies, while actively promoting the signing of special agreements for international criminal justice assistance in virtual currency crimes.

Taiwan, China has officially established a regulatory framework for cryptocurrency through the "Virtual Asset Service Act."

According to The Block, the Legislative Yuan of Taiwan has passed the "Virtual Asset Service Act" in its third reading. The bill has been submitted to Taiwan's regional leader Lai Ching-te for signing, and the implementation date is expected to be announced within 10 days.The core points of the bill are as follows:• Licensing requirements: Virtual asset service providers must apply for a license from the Financial Supervisory Commission (FSC). Platforms that have completed AML registration have a 12-month application period and a 21-month approval period.• Stablecoin regulation: Issuing or managing stablecoins requires dual approval from both the central bank and the FSC, and sufficient reserves must be maintained.• Compliance requirements: Covering aspects such as cybersecurity, customer asset segregation, and internal controls.• Criminal penalties: Illegal operations can result in a maximum sentence of 7 years in prison and fines of up to NT$100 million (approximately US$3.14 million); market manipulation in the crypto space can lead to a maximum sentence of 10 years and fines of up to NT$200 million (approximately US$6.28 million).Industry insiders point out that crypto companies previously operating in legal gray areas will no longer be able to rely on regulatory ambiguity. Traditional financial institutions will also be allowed to apply for VASP licenses in the future, and existing crypto companies may face increased competitive pressure.

The Shanghai procuratorate in China has cracked a cross-border virtual currency exchange case, with the amount involved exceeding 200 million yuan

According to the disclosure from the People's Procuratorate of Jing'an District, Shanghai, recently, the court prosecuted a certain Li for suspected illegal business operations in a criminal gang that used virtual currency for cross-border money laundering and illegal foreign exchange. On June 10, the case was heard in court and a verdict was announced on the spot, marking a conclusion to a series of illegal business operations spanning three years and involving over 200 million yuan. In July 2024, the State Administration of Foreign Exchange discovered abnormal clues regarding Company Z using virtual currency to transfer assets for domestic clients during routine monitoring, and subsequently referred the case to the public security authorities for handling.Investigations revealed that Company Z was registered overseas in 2019, promoting itself under the guise of a "private bank" and developing a virtual banking app to create a facade of legitimacy, but it had not obtained the necessary foreign exchange business operation license in China and was essentially engaged in illegal foreign exchange activities. The gang targeted high-net-worth individuals with funding needs for overseas property purchases, immigration, and studying abroad, using intermediaries to attract clients, with customer managers, traders, and customer service personnel facilitating the currency exchange process. Clients purchased virtual currency from virtual currency exchangers with renminbi and transferred it to Company Z's overseas virtual wallet, after which the gang exchanged the virtual currency for foreign currency abroad and transferred it to the clients' designated overseas accounts. There was no actual cross-border flow of funds; instead, settlements were made through domestic and foreign capital pools, with Company Z charging a 3% currency exchange service fee and paying intermediaries a 0.5% commission.A total of nine individuals have been brought to justice in this case, while one main suspect is still under investigation. After review, the relevant personnel collectively violated national laws by illegally buying and selling foreign exchange, disrupting financial order, and the circumstances were serious or particularly serious, warranting criminal liability for illegal business operations. The court sentenced five individuals, including Gao and Li, to prison terms ranging from six years to two years and six months, and imposed fines ranging from 1.5 million yuan to 300,000 yuan; for Chen, Huang, and four others, due to lighter criminal circumstances, relatively smaller amounts involved, and voluntary confession, the procuratorial authority made a decision of relative non-prosecution according to the law.
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