Seychelles' National Assembly approves proposed virtual assets bill
Business |Author: Betymie Bonnelame | August 8, 2024, Thursday @ 14:54| 6503 views
The Seychelles National Assembly has unanimously approved a new bill to regulate virtual asset providers presented by the Minister for Finance, Economic Planning and Trade, Naadir Hassan, on Tuesday.
Hassan said the objective of the bill is to complement a national strategy to combat financial risk associated with virtual assets and virtual asset service providers (VASPs). The bill has many links with the National Anti-Money Laundering and Countering the Financing of Terrorism Committee (NAC) and related regulations.
The law will also ensure that virtual assets and VASPs can function in a responsible manner and reduce the risk of wrong utilisation by illegal actors.
The minister said that to qualify, VASPs, in or outside Seychelles, have to set up a company under the Seychelles Companies Act or the International Business Companies Act (IBC).
"For an applicant to qualify for a licence, the principal criteria is to demonstrate a substantial presence in Seychelles, such as having a director who is a resident. They must have an office in Seychelles with enough competent workers and that all records are accessible via that office," Hassan explained.
He added that an individual cannot apply for a licence and that the registered entity regulated by the Central Bank of Seychelles has to get approval from the institution and the applicant will have to go through a risk evaluation to be able to function as a VASP.
Hassan emphasised that activities that will need a licence include providers of wallet service providers, virtual asset exchanges, virtual exchanges, virtual asset brokering and virtual asset investment providers.
"For an applicant to get a licence, there will be well detailed and strict criteria they will have to follow and meet for them to address identified vulnerability directly linked to the services they offer," he added.
Hassan said, "I want to point out that the proposed bill for virtual asset service providers is balancing innovation with risk mitigation and the measures against money laundering. Seychelles has ensured that it has taken all measures recommended by the Financial Action Task Force (FATF), by emphasising risk management."
The Financial Services Authority (FSA) has been designated as the regulator responsible for the implementation of the law.
Provision has been made to sensitise Seychellois consumers and the regulated entities on the scam and wrongful use of virtual assets. The bill also ensures that sufficient protection is in place for consumers who become victims of illegal activities.