最有看点的互联网金融门户

最有看点的互联网金融门户
全新的互联网金融模式国际资讯监管与政策

墨西哥出台新法案重新定义数字货币

最近墨西哥推出了一项新法案,该法案将比特币定义为数字资产,并规定了比特币交易所的经营规则。

墨西哥比特币交易所ISBIT创始人塞巴斯蒂安·阿科斯塔·切卡谈到了这一法案,从他的介绍里我们更多地了解到这个新法案对比特币生态系统的影响。

墨西哥新法案的提出

塞巴斯蒂安·阿科斯塔·切卡称,“这部新法案的第一个草案是由墨西哥信贷与公共财政部长乔斯·安东尼奥·米德(Jose Antonio Meade)在第80届墨西哥银行协会会议上提出的。该会议于3月23日在阿卡普尔科举行。墨西哥中央银行将会根据这个新法案,定义适用于比特币等数字资产的规定。”

墨西哥行政部门正在推行这项立法,但最后仍需国会批准。不过切卡称,当前墨西哥政党意识到这一新法案能够为墨西哥经济提升带来好处,它将吸引更多的外国投资者进入墨西哥,因此政党均达成了共识。

切卡在访问中表示,该法案是墨西哥普惠金融国策的一部分,该国策由墨西哥总统于2016年6月21日提出。国策的其中一个中心重点是利用技术创新提高金融服务的整体水平。

墨西哥如何定义比特币

墨西哥中央银行主要根据两个标准来定义“数字资产”:

  • 一是公众广泛采用,且该行业具有高市值。
  • 二是允许生成、识别、分割和控制这些单位的复制协议、规则和机制。

“基本上,我们在谈论一种被墨西哥央行认可的货币,该货币使用共识机制且被区块链接受。”

墨西哥政府希望通过这部新法案使传统经济过渡到数字经济,减少或消除实物现金的使用,使税收过程更加高效透明;建立拥有自动化监管/审计监督智能的机制,扩大高质量且成本健康的财务服务等。

比特币交易所储备金要求

切卡称,监管机构要求比特币交易所持有与数字资产存量相匹配的平价货币是不合理的,这会杀死交易所的商业模式。

监管者的目的不应是杀死行业,而是制定规则,给予消费者更多的保护,并建立一个通向大众的安全道路。

切卡认为,交易所必须在其保险库中拥有与其负债向匹配的数字资产,即用户存入多少,交易所必须至少拥有同等数量和价值的资产。并且,所有客户的资产必须明确地与交易所经营的资本和资产隔离。

新法案生效的时间

该法案将在接下来的2-4周内在联盟大会上提出。我期望这个新法案要经过几个月的时间。然而,对于比特币和区块链科技公司来说这是十分重要的,因为根据草案,它将从联邦官方公报发表的第一天起生效。

新法案对墨西哥比特币产生的潜在影响

切卡表示,该法案将会给墨西哥的比特币行业带来帮助。受监管的比特币交易所将被视为金融体系的一部分,将能够融入经济的许多方面。

“以前很多不同意比特币支付方式的企业,例如汇款公司、对冲基金、养老金计划管理员、货币发送机、进出口公司等,现在对比特币都很感兴趣。”

切卡称,“新的规定将改变游戏。”

Mexico has recently introduced a bill which defines Bitcoin as a digital asset and sets forth rules for bitcoin exchanges. Bitcoin.com spoke with Sebastian Acosta Checa, founder of Mexican bitcoin exchange ISBIT, to learn more about this new bill and its effects on the Bitcoin ecosystem.

First Draft of the Bill

Bitcoin.com (BC): Can you tell us about this new bill and when it was introduced?

Sebastian Acosta Checa (SC): The first draft of this financial technology law was presented by the Secretary of Credit and Public Finance of Mexico, Jose Antonio Meade, in the 80th Mexican Banking Association Convention, held in Acapulco on March 23. In accordance with this law, the central bank will define the regulation that applies to digital assets such as Bitcoin.

This legislation is being promoted by the Executive Branch but it still needs to be approved by Congress. Nevertheless, I have noticed wide consensus across political parties about how this can benefit the economy, trigger more foreign investment and help our industry grow.

This new regulation is part of the National Policy for Financial Inclusion presented by the President of Mexico on June 21, 2016. One of the axes of the policy focuses on the utilization of technological innovations to provide financial services. The government is recognizing how the technological advances have transformed the manner in which people in several industries operate, including the financial sector. It is an official priority of the state to foster the application of technological innovations to reduce the cost of financial services and widen its use among the population.

How Mexico Will Define Bitcoin

BC: What does the bill say about Bitcoin?

SC: The central bank will define what a ‘digital asset’ is by following basically two criteria. The first criteria is the widespread adoption by the public (high market cap) and the second is the protocols, rules, and mechanisms that allow generation, identification, division and control the replication of such units of account.

Basically, we are talking about a currency that uses a consensus mechanism and blockchain approved by the Bank of Mexico.

Persons (including miners) with digital assets, who do not perform operations on behalf of others, are not required to obtain authorization from regulators and can use digital assets in their daily commerce.

BC: Does the bill specify what market cap is required for a cryptocurrency to be considered a digital asset? Also, is there any indication of the specifics of the consensus mechanism required?

SC: The draft is a 76-page document that covers a lot. It addresses most legal concerns and objections to work with Bitcoin and blockchain tech in Mexico, but it does not go into that level of detail or give concrete, technical requirements.

Guidelines will be published in the form of “Circulares” (Technical Letters) by the central bank. These letters are where, for example, the central bank will define what are legitimate “digital assets”. I can guarantee you Bitcoin and Ethereum will be there.

The most important criteria [for a digital asset] will be that the underlying technology is sound and there is widespread adoption by the public or industry.

The government’s goals are to transit to a digital economy, reduce or eliminate the use of physical cash, make the taxation process more efficient and transparent, create a mechanism to automate regulation/auditing and supervision tasks, expand the coverage of high quality and affordable financial services and more.

Requirements for Bitcoin Exchanges

BC: What does the law say about bitcoin exchanges?

SC: One section of the Financial Technology Law deals specifically with ‘Digital Assets Management Institutions’ which include bitcoin exchanges such as ISBIT.

This section of the law explains that digital assets management institutions must be solvent and cannot operate under fractional reserves. Companies such as ISBIT are required to hold all the deposits of their clients, unlike banks that are capable of lending part of the deposits they obtain.

It is forbidden for bitcoin exchanges to lend or invest customers’ assets. This is a great consumer protection measure. They must also inform the public about all of the risks their clients assume when handling digital assets. In the case of services such as ours which interface with traditional banking and payment networks, we also have to obtain the legal status of an “Electronic Payment Funds Institution”.

Reserve Requirements

BC: What are the requirements for exchanges to hold funds? Is it the same as what Hawaii requires which made Coinbase exit the state?

SC: No, it would be completely unreasonable for the regulators to expect exchanges to hold the equivalent amount of value in fiat currency to match the digital asset deposits. That would kill our business model.

The intention of the regulators is not to kill the industry but rather to establish rules that will give more consumer protection and foster a safe path to mass adoption.

Exchanges must have in their vaults the amounts of digital assets that match their liabilities. For example, if users deposited 687 bitcoins, 35,820 ether, 10,000,005 pesos and 400,000 dollars, then we, as exchange operators, need to hold at least that amount in our reserves (687 bitcoins, 35,820 ether, 10,000,005 pesos and 400,000 dollars) and be able to prove it in case of an audit. Also, all customers’ assets must be clearly segregated from the exchange operators’ own capital and assets.

BC: Other than being a bitcoin exchange, what other services does ISBIT offer?

SC: Our platform allows the electronic exchange of fiat currency for digital assets in an open market directly between participants, ensuring zero counterparty risk. We offer 3 combined services that international trade corporations need. We provide real-time local payments, traceable and efficient cross-border payments, and low-cost FX services. Corporations in Mexico are paying significant amounts in FX and bank fees when they need to send payments to or receive payments from other regions in the world. We allow corporations to perform a cross-border transaction in a matter of minutes at significantly lower cost.

We have connectivity and interoperability with more than 50 banks and financial institutions in Mexico. This gives us the capability of processing real-time payments (for example, deposits or withdrawals) between our platform and bank accounts, debit cards, or cell phones linked to a bank account. This gives us access to 39% percent of the Mexican population (essentially everyone above the age of 15 with a bank account).

Time Frame

BC: When is this bill expected to pass?

SC: The bill will be presented in the course of the next 2-4 weeks in the Congress of Union. I expect it to take several months for this law to pass. Nevertheless, it is very important for Bitcoin and blockchain tech companies to be prepared because, according to the draft, it will become effective from the first day it is published in the Official Journal of the Federation.

Our company has already implemented all the corporate governance, solvency, AML, KYC and ATF controls and procedures considered by the law in order to be prepared to obtain our license the moment the law becomes effective.

Potential Effects on Bitcoin Adoption in Mexico

BC: How will this new regulation affect Bitcoin adoption in Mexico?

SC: This regulation will give our industry a boost. Regulated bitcoin exchanges will be considered part of the financial system and will be able to integrate with many aspects of the economy.

Many remittance companies, hedge funds, pension plan administrators, money transmitters, import and export companies and others that I have spoken with, that had previously disapproved our proposals, are now very interested.

Given the size of the Mexican cross-border payments market (almost $775,000,000,000 USD in foreign trade payments, and more than $25,000,000,000 in remittances), what’s happening right now is much bigger than the possibility of an Exchange Traded Fund (ETF) in the USA. The regulation over our activities might open the door to foreign trade multinational corporations, financial institutions such as money transmitters, hedge funds, insurance institutions and others to use our platform to exchange currency and perform cross-border payments more efficiently.

Now consider the Pension Plans Administrators in Mexico (AFORES). This institution has assets under management in excess of 4,004,702,000,000 MXN (about $215,306,559,139 USD). Some pension plan administrators have started to expand their horizon of investments, given the bad performance they all had in the last few months. Some have discovered bitcoin’s great performance over the years, but could not justify taking positions in the market… until now.

The new regulation will change the game.


用微信扫描可以分享至好友和朋友圈

扫描二维码或搜索微信号“iweiyangx”
关注未央网官方微信公众号,获取互联网金融领域前沿资讯。

发表评论

发表评论

您的评论提交后会进行审核,审核通过的留言会展示在下方留言区域,请耐心等待。

评论

您的个人信息不会被公开,请放心填写! 标记为的是必填项

取消

美国证监会:ICO代币必须登记为证券

C. Edward ... 11-13

美联储发布P2P借贷行业警示报告

JD Alois 11-10

CFPB发布现金贷上限新规,市场反映较为平稳

潘, 妍媛 11-02

日本金融厅:ICO或受支付服务法及金融商品交易法监管

Sujha Sund... 10-31

韩国拟对比特币交易进行征税

火币区块链研究中心 10-17

版权所有 © 清华大学五道口金融学院互联网金融实验室 | 京ICP备17044750号-1