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Is Bitcoin Legal?


As the market capitalization of the cryptocurrency market shoots up, through price movements and a surge in new tokens, regulators around the world are stepping up the debate on oversight into the use and trading of digital assets.
This affects all cryptocurrencies, but especially bitcoin, given its market leadership and integration into the global startup ecosystem.
Very few countries have gone as far as to declare bitcoin illegal. That does not, however, mean that bitcoin is "legal tender" – so far, only Japan has gone as far as to give bitcoin that designation. However, just because something isn't legal tender, does not mean that it cannot be used for payment – it just means that there are no protections for either the consumer or the merchant, and that its use as payment is completely discretionary.
Other jurisdictions are still mulling what steps to take. The approaches vary: some smaller nations such as Zimbabwe have few qualms about making brash pronouncements casting doubts on bitcoin's legality. Larger institutions, such as the European Commission, recognize the need for dialogue and deliberation, while the European Central Bank (ECB) believes that cryptocurrencies are not yet mature enough for regulation (although with bitcoin almost 10 years old, one is left wondering when we will know it has reached sufficient maturity). In the United States, the issue is complicated further by the fractured regulatory map – who would do the legislating, the federal government or individual states?
A related question in other countries, to which there is not yet a clear answer, is: should central banks keep an eye cryptocurrencies, or financial regulators? In some countries they are one and the same thing, but in most developed nations, they are separate institutions with distinct remits.
Another divisive issue is: should bitcoin be regulated on a national or international basis? France is pushing for the G20 (an international forum for governments and central banks) to discuss establishing parameters at the upcoming summit in April 2018.


A further distinction needs to be made between regulation of the cryptocurrency itself (is it a commodity or a currency, is it legal tender?) and cryptocurrency businesses (are they money transmitters, do they need licenses?). In a few countries the considerations are tied together – in most others, they have been dealt with separately.
Below is a brief summary of pronouncements made by certain countries. This list is updated monthly.
Last updated: 5 July 2018
Australia
In October 2017, the Australian Senate began debating a bill that would apply anti-money laundering statutes to the country's cryptocurrency exchanges, as well as mandate criminal charges for exchanges that operate without a license.
That same month, the tax authorities removed the "double taxation" of bitcoin, which was a result of a decision in 2014 to treat the cryptocurrency as a "bartered good" rather than a currency or asset.
As of the end of 2017, cryptocurrency exchanges have to register with the country's financial intelligence agency Austrac, and comply with customer verification and record preservation requirements.
Further moves are unlikely for now, however, as officials from the central bank recently said that regulation is not needed for the use of cryptocurrencies as payment.
Argentina

In spite of a strong bitcoin ecosystem, Argentina has not yet drawn up regulations for the cryptocurrency, although the central bank has issued official warnings of the risks involved.
Bangladesh
In 2015, Bangladesh expressly declared that using cryptocurrencies was a "punishable offence."
Bolivia
In 2014, the central bank of Bolivia officially banned the use of any currency or tokens not issued by the government.
Canada
Canada was one of the first countries to draw up what could be considered "bitcoin legislation," with the passage of Bill C-31 in 2014, which designated "virtual currency businesses" as "money service businesses," compelling them to comply with anti-money laundering and know-your-client requirements.
The government has specified that bitcoin is not legal tender, and the country's tax authority has deemed bitcoin transactions taxable, depending on the type of activity.
China
While China has not banned bitcoin (and insists it has no plans to do so), it has cracked down on bitcoin exchanges - all major bitcoin exchanges in the country, including OKCoin, Huobi, BTC China, and ViaBTC, suspended order book trading of digital assets against the yuan in 2017.
It also appears to be withdrawing preferential treatment (tax deductions and cheap electricity) for bitcoin miners.
Ecuador
In 2014, the National Assembly of Ecuador banned bitcoin and decentralized digital currencies while establishing guidelines for the creation of a new, state-run currency.
Egypt
In January 2018, the Grand Mufti of Egypt declared that cryptocurrency trading was forbidden under Islamic religious law due to the risk associated with the activity. While this is not legally binding, it does count as a high-level legal opinion.
Europe
The European Union is taking a cautious approach to cryptocurrency regulation, with several initiatives underway to involve sector participants in the drafting of supportive rules. The focus appears to be on learning before regulating, while boosting innovation and taking into account the needs of the ecosystem.
The European Central Bank (ECB), however, is pushing for tighter control over movements of digital currencies as part of a broader crackdown on money laundering, while recognizing the jurisdictional complexities in regulating an asset with no boundaries. In late in 2017, an ECB official stated that the institution did not see bitcoin as a threat, and president Mario Draghi recently confirmed that, in the eyes of the ECB, bitcoin was not "mature enough" for regulation.
In April 2018, the parliament's members voted by a large majority to support a December 2017 agreement with the European Council for measures aimed, in part, to prevent the use of cryptocurrencies in money laundering and terrorism financing.
G20


The G20 - comprised of the world's 20 largest economies - recently turned its attention to cryptocurrencies in general, and committed to drafting recommendations on the first steps towards regulation by July 2018.
India
The Indian central bank has issued a couple of official warnings on bitcoin, and at the end of 2017 the country's finance minister clarified in an interview that bitcoin is not legal tender. The government does not yet have any regulations that cover cryptocurrencies, although it is looking at recommendations.
The central bank, however, has barred Indian financial institutions from working with cryptocurrency exchanges and other related services (a ban recently upheld by the country's Supreme Court).
Iran
In April 2018, Iran's central bank and one of its principal market regulators said that financial businesses should not deal in bitcoin or other cryptocurrencies. Furthermore, CoinDesk recently reported on government censorship of cryptocurrency exchange websites operating in the country.
Japan
Japan was the first country to expressly declare bitcoin "legal tender," passing a law in early 2017 that also brought bitcoin exchanges under anti-money laundering and know-your-customer rules (although license applications have temporarily been suspended as the regulators deal with a hack on the Coincheck exchange in early 2018).
Recently the Financial Servivces Agency has been cracking down on exchanges, suspending two, issuing improvement orders to several and mandating better security measures in five others. It has also established a cryptocurrency exchange industry study group which aims to examine institutional issues regarding bitcoin and other assets.
Kazakhstan
According to reports, the National Bank of Kazakhstan recently hinted at plans to ban cryptocurrency trading and mining, although as yet no strict regulations have been passed.
Kyrgyzstan
The central bank of Kyrgyzstan declared in 2014 that using cyrptocurrencies for transactions was against the law.
Malaysia
Malaysia's Securities Commission is working together with the country's central bank on a cryptocurrency regulation framework.
Malta
The European island recently passed a series of blockchain-friendly laws, including one that details the registration requirements of cryptocurrency exchanges.
Mexico
In 2014, Mexico's central bank issued a statement blocking banks from dealing in virtual currencies. The following year, the finance ministry clarified that, although bitcoin was not "legal tender," it could be used as payment and therefore was subject to the same anti-money laundering restrictions as cash and precious metals.
At the end of 2017, Mexico's national legislature approved a bill that would bring local bitcoin exchanges under the oversight of the central bank.
Morocco
Towards the end of 2017, Morocco's foreign exchange authority declared that the use of cryptocurrencies within the country violated foreign exchange regulations and would be met with penalties.
Namibia
Namibia is one of the few countries to have expressly declared that purchases with bitcoin are "illegal."
Nigeria
While Nigerian banks are prohibited from handling virtual currencies, the central bank is working on a white paper which will draft its official stance on use of cryptocurrencies as a payment method.
Pakistan
In April 2018, Pakistan's central bank issued a statement barring financial companies in the country from working with cryptocurrency firms.
Russia
Draft cryptocurrency legislation from the State Duma's financial regulator is expected in mid-2018. The focus appears to be on protecting citizens from scams, while allowing individuals and businesses to work legally with cryptocurrencies.
The efforts of the State Duma have been bolstered by a mandate from Putin himself, issued in October 2017, urging development of a "single payment space" within the Eurasian Economic Union (an alliance of countries including Armenia, Belarus and others), increased scrutiny of token sales, as well as licensing of bitcoin mining operations.
Singapore
The Monetary Authority of Singapore is reportedly examining at whether new rules are needed to protect cryptocurrency investors, and while it is not likely to ban cryptocurrency trading, it is looking at imposing anti-money laundering and terrorism financing rules on exchanges.
The central bank is also working on a regulatory framework for bitcoin payments, and has issued warnings on bitcoin investments.
South Africa
In 2017, the South Africa Reserve Bank implemented a "sandbox approach," testing draft bitcoin and cryptocurrency regulation with a selected handful of startups.

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