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Belated, but essential

Belated , but essential : On bringing all trade in virtual digital assets under the PMLA

India must have a proper regulatory response to the surge in virtual-assets 

The Finance Ministry’s March 7 notification placing all transactions involving virtual digital assets under the purview of the Prevention of Money Laundering Act ( PMLA ) is a much-needed , even if belated, step. The government has been struggling in recent years to formulate an appropriate regulatory response to deal-with the pandemic-era upsurge in advertisements soliciting investment in virtual assets as well as reports of actual investment. A July 2021 online report by BrokerChooser.com, for instance , had estimated India as being the country with the highest number of ‘crypto owners’, at 10.07 crore, which was more than threefold the number of owners of crypto-assets in the second-ranked U.S. Even if this is discounted as a speculative guesstimate , measures and disclosures by the government indicate that the volume of trade in unregulated virtual assets has grown sizeably in recent years. Last month, Minister of State for Finance Pankaj Chaudhary informed the Lok Sabha that the Enforcement Directorate was ‘investigating several cases related to cryptocurrency frauds wherein a few crypto exchanges had been found involved in money laundering’. And that as much as ₹936 crore had been attached or frozen as on January 31, on being deemed to be proceeds of crime. The decision to mandatorily bring all trade in virtual digital assets under the PMLA now lays-the-onus of ascertaining the provenance of all activity, including safekeeping , in such assets upon individuals and businesses participating in or facilitating these transactions.

The intergovernmental Financial Action Task Force ( FATF ) — the global money laundering and terrorist financing watchdog — has been continuously flagging the potential that virtual digital assets have for criminal misuse considering the speed and anonymity with which they can be traded worldwide . As it has pointed out, the fact that a few countries have moved to regulate virtual assets, and some others have banned them outright , while a majority has not taken any action has created a global system with loopholes for criminals and terrorists to abuse . India, which holds the presidency of the G-20, has been repeatedly stressing the need for a globally coordinated regulatory response to deal with crypto assets. While the Centre’s decision to add the PMLA monitoring requirements, following the introduction of a tax regime for virtual digital assets in last year’s Budget, has been interpreted by the crypto assets sector as moves towards regulating rather than proscribing it, the RBI’s consistent advocacy for a ban needs to be seriously weighed before any decision is taken on the fate of the long-delayed draft legislation on virtual assets.

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For instance
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Threefold
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तिगुना

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देर से

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Virtual
asset (noun) – Crypto currency; The most common example of a virtual asset is virtual currency such as Bitcoin, Litecoin, Ethereum or Dogecoin

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Place
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रखना

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Purview
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दायरा

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Money
laundering (noun) – the illegal process of making large amounts of money generated by criminal activity

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Much
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Pandemic
Era (adjective) – Of or relating to period of pandemic

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Crypto
asset (noun) – Crypto asset is a digital or virtual asset that uses cryptography for security and operates independently of a central bank. examples of crypto assets include Bitcoin, Ethereum, Litecoin, and Ripple.

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Discount
(verb) – Disregard, take no notice of, overlook, dismiss, ignore, brush off

उपेक्षा करना, देखी अनदेखी करना

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Speculative
(adjective) – based on guessing without knowing all the facts

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Guesstimate
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Unregulated
(adjective) – Not regulated, unsupervised, unrestricted

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Sizeably
(adverb) – considerably, significantly, substantially, appreciably

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Freeze
(verb) – prevent something from being used for a period of time

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Deem
(verb) – consider, judge, think, reckon, regard

मानना

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Proceeds
(noun) – Earnings, profits, takings, incomes

प्राप्ति/ लाभ

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Lay the onus on/upon
(phrase) – to place responsibility on someone

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Ascertain
(verb) – determine, find out, learn, discover, check

पता लगाना

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Safekeeping
(noun) – preservation in a safe place.

सुरक्षित रखने

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Financial
Action Task Force (FATF) (noun) – The Financial Action Task Force (FATF) is the global money laundering and terrorist financing watchdog

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Intergovernmental
(adjective) – relating to or conducted between two or more governments.

सरकार-सरकार के बीच

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Anonymity
(noun) – the situation where a person’s name is not known  

गुमनामी, अनामता

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Trade
(verb) – to take part in buying and selling goods for trade

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Outright
(adjective) – Absolute, complete, utter, total, entire

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Loophole
(noun) – a way of avoiding something because the words of a rule or law are badly chosen

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Abuse
(verb) – misuse, exploit, mistreat, maltreat

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Coordinated
(adjective) – synchronized, harmonized, integrated, organized

समन्वित

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Proscribe
(verb) – ban, prohibit, forbid, outlaw

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Weigh
(verb) – Consider, contemplate, think about, look into; assess the nature or importance of

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