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Last week, the Hong Kong Monetary Authority (HKMA) provided guidance to banks on their use of distributed ledger technology (DLT). When public blockchains are allowed, the regulator remarks that, in some cases, they should not be the first choice, and proper risk assessment and compensatory measures must be put in place. To achieve the efficiencies promised by DLT in traditional finance operations, which blockchain maximalists have been advocating (we too since 2017), jurisdictions must have clear regulations in place to govern the use of blockchains. For instance, a repo transaction conducted in the scope of Project Guardian required nine months of preparation on the legal side. Interestingly, the involved parties—UBS (Switzerland), DBS Bank (Singapore), and SBI Securities (Japan)—operate in some of the most progressive jurisdictions for tokenization. Switzerland and Singapore legislation support native securities issued on public blockchains, while Japan permits native digital securities on permissioned platforms without using a CSD. In this particular case, the FSA in Japan gave permission for the one-off transaction and observed the transactions. Other jurisdictions that have already taken stances on the public | private blockchain concern and DLT regulations: 🇩🇪 ⚫ Germany has passed early legislation, leading to a reasonable volume of token issuances. 🇪🇺 ⚫ The EU's DLT Pilot Regime supports both blockchain as the primary securities registry and the use of public blockchains. 🇬🇧 ⚪ The UK's Digital Securities Sandbox, starting in January, permits blockchain as the registry but initially requires permissioned blockchains. 🇨🇭 ⚪ The Basel Committee considers all bank usage of public blockchains as high risk, resulting in unattractive balance sheet treatment for banks, prompting pushback from industry bodies. 🇦🇪 ⚫ In the UAE, the “Guidelines for Financial Institutions adopting Enabling Technologies” issued by the Central Bank of the UAE, together with the Securities and Commodities Authority (SCA), the Dubai Financial Services Authority (DFSA) of the DIFC, and the Financial Services Regulatory Authority (FSRA) of ADGM in November 2021, allow both permissioned and permissionless DLT applications with certain caveats: ◼ Institutions developing permissionless DLT applications should ensure that users are not anonymous or pseudonymous, as allowing anonymity and pseudonymity can facilitate criminal purposes like tax evasion, bribery, money laundering, or terrorism financing. ◼ Applications involving any of the following elements should use permissioned systems: a. Customer assets, funds, or other forms of ownership, rights, or interests such as contracts; b. Personal Data; c. Requirements for a controlled set of participants or restricted access. ▫ ◽ ◻ Looking forward to seeing other jurisdictions join with their regulations on the issue.

Risk management considerations related to the use of distributed ledger technology

Risk management considerations related to the use of distributed ledger technology

hkma.gov.hk

This is insightful. To truly harness the disruptive potential of DLT and enhance your growth strategy, consider diversifying your experimentation beyond traditional methods by implementing A/B/C/D/E/F/G testing to identify the most effective blockchain deployment tactics, ensuring optimal adaptation and regulatory compliance.

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