Gulf Business Invest

AN IDEAL HUB FOR BLOCKCHAIN COMPANIES

THE UAE OFFERS A BUSINESS-FRIENDLY ENVIRONMEN­T FOR CRYPTO AND BLOCKCHAIN-BASED BUSINESSES

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The cryptocurr­ency market saw a boom during the pandemic, with retail and institutio­nal investors flocking to this new investment class, as the risks of inflation and quantitati­ve easing became a reality worldwide. Where corporatio­ns have been hesitant to get into crypto and blockchain, compelling use cases that solve real-world issues may be able to ease them in. The UAE has come a long way to successful­ly provide a business-friendly and healthy environmen­t for crypto and blockchain-based businesses. The tax-free business environmen­t accompanie­d by innovative regulation­s make it an ideal destinatio­n for blockchain companies.

The Abu Dhabi Global Market was the first freezone in the UAE to issue guidelines and a regulatory framework for virtual assets.

It provides a licencing regime for crypto-focused businesses such as a framework for digital securities offerings, virtual asset custodians, multi-lateral trading facilities exchanges, digital settlement facilities for clearing and settlement of digital securities.

The UAE’s Securities and Commoditie­s Authority (SCA) has issued regulation­s and guidance on crypto assets.

The regulation­s provide certainty and have opened new opportunit­ies for blockchain­based startups who want to do business in the UAE. The regulation­s issued by the SCA have opened new doors and opportunit­ies. For example, Dubai Multi Commoditie­s Centre (DMCC), a freezone that falls under the regulatory remit of SCA issued special licences such as the distribute­d ledger technology service provider licence and proprietar­y trading in crypto commoditie­s licence for businesses interested in setting up and operating from DMCC.

The Financial Action Task Force (FATF) came up with new recommenda­tions for virtual assets and virtual assets service providers (VASPs).

The regulator lifted the software veil behind decentrali­sed finance (DeFi) based protocols and observed that even though such protocols are decentrali­sed in nature, if there is a commercial nexus between the legal entity (which launches or releases the software protocol) and the software (DeFi solutions provider), then they could be defined as a VASP. This is groundbrea­king in nature as several regulators will now adopt these recommenda­tions as part of their national regulation­s, which will soon make DeFi, a largely unregulate­d sector, a regulated one. In 2021, the UAE incorporat­ed FATF recommenda­tions concerning VASPs in its anti-money laundering regulation­s where the penalty for operating an unregister­ed or unlicenced VASP is a minimum of six months of imprisonme­nt or a fine of Dhs200,000 to Dhs5,000,000.

We may soon see the blockchain and crypto industry operating in a regulated environmen­t similar to other sectors and industries. This has been compounded by the fact that blockchain companies are understand­ing the need for compliance and providing an investor protection framework for retail investors.

Amidst this, the UAE will be one of the leading destinatio­ns for setting up a business with the mainland and the special freezones catering to the needs of entreprene­urs and investors.

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