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South Africa: Sending Bitcoin to an overseas exchange is a crime

Martin Everson

Offshore Retiree
Moderator
Jan 2, 2018
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Another government not happy with crypto being used to circumvent currency controls.

https://mybroadband.co.za/news/cryp...om-luno-to-overseas-exchanges-is-a-crime.html
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The South African Reserve Bank and other regulators have warned that it is a criminal offence to transfer cryptocurrency bought on a local exchange to one located outside the country.

Regulators issued the warning through the Intergovernmental Fintech Working Group (IFWG), which recently published an FAQ document as part of its position paper on crypto assets.

The IFWG is comprised of the Competition Commission, Financial Intelligence Centre, Financial Sector Conduct Authority, National Credit Regulator, National Treasury, the South African Revenue Service, and the South African Reserve Bank.

“Exchange Control Regulation 10(1)(c) prohibits transactions where capital or the right to capital is, without permission from National Treasury, directly or indirectly exported from South Africa,” the FAQ from the IFWG states.

It added that this includes transactions where an individual purchases crypto assets in South Africa and uses them to externalise “any right to capital”.

The document goes on to warn that breaking these regulations is a criminal offence.

Contravening South Africa’s exchange control regulations carries a penalty of a R250,000 fine and possibly up to five years imprisonment.

The fine may be increased up to the value of the offending transaction under certain circumstances. However, the regulations specifically link this escalation to “any security, foreign currency, gold, bank-note, cheque, postal order, bill, note, debt, payment or goods”.

MyBroadband contacted South Africa’s three major crypto asset exchanges for comment, but none of them wished to directly address the challenges this pronouncement might cause for them.

Both Luno and Altcoin Trader offer services that allow clients to earn interest on some of the cryptocurrency they hold on their respective platforms.

These products rely on offshore partners to function and it is unclear how the decrees from the SARB and IFWG affect such services.

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Another government not happy with crypto being used to circumvent currency controls.

https://mybroadband.co.za/news/cryp...om-luno-to-overseas-exchanges-is-a-crime.html
---- start quote

The South African Reserve Bank and other regulators have warned that it is a criminal offence to transfer cryptocurrency bought on a local exchange to one located outside the country.

Regulators issued the warning through the Intergovernmental Fintech Working Group (IFWG), which recently published an FAQ document as part of its position paper on crypto assets.

The IFWG is comprised of the Competition Commission, Financial Intelligence Centre, Financial Sector Conduct Authority, National Credit Regulator, National Treasury, the South African Revenue Service, and the South African Reserve Bank.

“Exchange Control Regulation 10(1)(c) prohibits transactions where capital or the right to capital is, without permission from National Treasury, directly or indirectly exported from South Africa,” the FAQ from the IFWG states.

It added that this includes transactions where an individual purchases crypto assets in South Africa and uses them to externalise “any right to capital”.

The document goes on to warn that breaking these regulations is a criminal offence.

Contravening South Africa’s exchange control regulations carries a penalty of a R250,000 fine and possibly up to five years imprisonment.

The fine may be increased up to the value of the offending transaction under certain circumstances. However, the regulations specifically link this escalation to “any security, foreign currency, gold, bank-note, cheque, postal order, bill, note, debt, payment or goods”.

MyBroadband contacted South Africa’s three major crypto asset exchanges for comment, but none of them wished to directly address the challenges this pronouncement might cause for them.

Both Luno and Altcoin Trader offer services that allow clients to earn interest on some of the cryptocurrency they hold on their respective platforms.

These products rely on offshore partners to function and it is unclear how the decrees from the SARB and IFWG affect such services.


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That's quite an endorsement for crypto doing its job coming out of such a place as ZA.
Met a fair share of ZA folks roaming around the world. Yet I have yet to meet the first who has anything positive to say about that place besides whine, nature and climate, besides it might stay on my been there done that country list for now. ;)
 
Yes crypto is doing its job. But lets be fair South Africa has strong capital controls for residents and this situation is just like China and Nigeria etc. People are using crypto to circumvent capital controls and circumvent the central bank rules. Left unchecked this parallel market will erode the control of the central bank and undermine the government, revenue collection etc. Depending on your views that might be a good or bad thing conf/(%.

P.S The threat of being jailed in a South African prison (with no special treatment) would scare me into following the rules eek¤%&.
 
Yes crypto is doing its job. But lets be fair South Africa has strong capital controls for residents and this situation is just like China and Nigeria etc. People are using crypto to circumvent capital controls and circumvent the central bank rules. Left unchecked this parallel market will erode the control of the central bank and undermine the government, revenue collection etc. Depending on your views that might be a good or bad thing conf/(%.

P.S The threat of being jailed in a South African prison (with no special treatment) would scare me into following the rules eek¤%&.
Yep spot on, they try to maintain a stronghold over capital flows and exiting of their people there.
ZA can already be a pretty scary place even just being on the streets after dark (depending on location and skin color).