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China Escalates Crypto Crackdown with Stricter Banking Oversight on Digital Assets

December 31, 2024

China’s foreign exchange regulator has introduced new rules requiring banks to increase scrutiny and monitoring of cryptocurrency-related transactions, signaling tighter controls on digital asset activities.

Background

  • China’s State Administration of Foreign Exchange (SAFE) announced new foreign exchange (forex) regulations aimed at flagging and restricting risky financial activities, including those involving cryptocurrencies
  • Banks across mainland China are now mandated to monitor and report cross-border financial activities linked to underground banking, illegal cross-border transactions, and cryptocurrency trading
  • The regulations require financial institutions to track activities based on identity verification, source of funds, trading frequency, and other risk factors
  • Banks must also implement risk-control measures to prevent illegal activities and may restrict specific services to flagged entities
  • These rules come as part of China’s ongoing efforts to maintain financial stability and curb capital outflows through cryptocurrency trading

Why should you pay attention?

  • Increased Surveillance: Financial institutions in China will now face stricter requirements for identifying and reporting crypto-related transactions, reducing opportunities for unregulated trading
  • Legal Implications: The new rules provide an additional legal foundation for penalizing cryptocurrency trading, making compliance more challenging for crypto traders and investors in mainland China
  • Global Impact: Given China’s historical influence in cryptocurrency markets, these regulatory measures could have global repercussions on trading volumes and liquidity
  • Cross-Border Activities Targeted: The practice of using the yuan to buy cryptocurrencies and convert them into foreign fiat currencies will face heightened scrutiny under these rules

Who said what?

  • State Administration of Foreign Exchange (SAFE) stated:

“Banks are required to monitor and report risky foreign exchange trading behaviors, including illegal financial activities involving cryptocurrencies”

  • Liu Zhengyao, a lawyer at ZhiHeng Law Firm in Shanghai, commented:

“The new rules will provide another legal basis for punishing cryptocurrency trading. Mainland China’s regulatory attitude towards cryptocurrencies will continue to tighten in the future”

  • On evasion of forex regulations through crypto:

“It will become increasingly difficult to bypass China’s forex regulations through cryptocurrency transactions”

Zooming out

  • These new measures reflect Beijing’s persistent crackdown on cryptocurrency activities, reinforcing previous bans on initial coin offerings, trading, and mining.
  • China’s latest forex rules add another layer of control, further narrowing the window for crypto-related financial activities within the country
  • The focus on cross-border financial activities involving digital assets indicates China’s commitment to preventing capital flight through cryptocurrency
  • While cryptocurrency trading continues globally, China’s stance remains one of the strictest, and these latest rules further cement its regulatory position in the digital asset space
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