India Is Not Poised to Implement Regulations on the Cryptocurrency Sector in the Near Future

This statement was made in response to inquiries by GM Harish Balayogi, a member of parliament, regarding the government's position on cryptocurrencies.

India will not be implementing any regulations on the cryptocurrency sector in the near future, a government official stated in response to parliament inquiries.

Pankaj Chaudhary, Minister of State for Finance, made the statement in a written reply to questions raised by GM Harish Balayogi, a member of parliament. Balayogi's questions aimed to uncover the government's stance on cryptocurrencies, specifically regarding the administration's research and initiatives to understand the crypto sector and whether any legislation is on the horizon.

Chaudhary's reply, dated August 5, confirmed that there is "no proposal" to regulate the "sales and purchase" of cryptocurrencies, which are referred to as virtual digital assets (VDAs) in the Indian constitution.

However, the Financial Intelligence Unit (FIU) is "authorized" to notify VDASP as reporting entities, Chaudhary indicated. These entities are subject to the provisions of the Prevention of Money Laundering Act (PMLA) of 2002, empowering the regulator to monitor illicit activities such as money laundering and terrorism financing.

Despite the lack of a comprehensive regulatory framework, various law enforcement agencies, including the Reserve Bank of India, are equipped to investigate and take action against illegal activities under the ambit of existing laws. Recently, the Directorate General of GST Intelligence slapped a show-cause notice on Binance, demanding that the exchange pay $86 million in taxes due.

Regarding government research on cryptocurrencies, Chaudhary noted that no data is collected on cryptocurrencies as it is an "unregulated" sector. He also highlighted the G20 Roadmap on Crypto Assets, which was adopted under India's presidency last year.

This roadmap, which was derived from a joint synthesis paper by the International Monetary Fund (IMF) and the Financial Stability Board (FSB), provides recommendations for member nations on approaching crypto regulations.

Chaudhary stated that the G20 nations, including India, are currently assessing the "country-specific" risks and benefits associated with cryptocurrencies, with plans to coordinate with global "standard-setting bodies" before considering any regulatory measures.

Chaudhary's reply did not mention an upcoming discussion paper that will reportedly clarify the government's stance on cryptocurrencies. Last month, Ajay Seth, Secretary of Economic Affairs, announced that an inter-ministerial group consisting of multiple regulators is working on a "wider policy for cryptocurrencies" following IMF-FSB guidelines. This paper is expected to be released before September 2024.

Currently, India has a licensing regime implemented by the FIU, which mandates locals to report their crypto holdings and pay a 30% tax on capital gains, as per a tax law passed in 2022. The nation is also developing its central bank digital currency, the e-rupee, which achieved 1 million retail transactions in late June.

Initially limited to local banks, the pilot phase now invites applications from payment firms, with AmazonPay and GooglePay showing interest in enabling e-rupee transactions on their platforms.

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