PBOC Intensifies Scrutiny of Crypto Trading and Stablecoin Usage

The People's Bank of China (PBOC) recently convened a multi-department coordination meeting to oversee the crackdown on virtual currency trading speculation (referred to as the 1128 meeting), reaffirming the 2021 policy that prohibits virtual currency operating activities.

Xiao Sa's legal team pointed out that China has a strict foreign exchange control system, typically limited to $50,000 USD per individual annually. With the rapid expansion of the stablecoin market, expanding use cases, and a significant increase in the number of crypto merchants, many cross-border capital flow requirements are now being met by stablecoins such as USDT and USDC.

Furthermore, stablecoins can facilitate money laundering or conceal the proceeds of criminal activities, and in judicial practice, foreign trade companies have used USDT and USDC to circumvent UN sanctions resolutions, thereby assisting sanctioned countries in foreign trade.

Key Takeaways from the Meeting:

  • Adjusting Judicial Leaning: Curbing the lenient treatment by courts of crypto-related contracts.
  • Strict Enforcement: Suppressing the illegal use of stablecoins (such as USDT and USDC) for currency exchange, money laundering, and assisting sanctioned countries in trade activities.

Lawyer Xiao Sa believes that this meeting does not indicate a policy shift and does not affect Hong Kong's pro-crypto policies. A clear division remains: the mainland imposes restrictions while Hong Kong adopts an open approach. The regulatory aim remains clear: financial innovation is permitted, but it must adhere to regulations and occur within specified frameworks.

For those working in the sector within China, it's crucial to stay informed of legal red lines, operate compliantly, and avoid complacency.


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