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SEC to issue new anti-money laundering regulations for digital assets operators

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The Securities and Exchange Commission (SEC) says it has developed new guidelines for licensing, registration and screening of digital and virtual assets service providers (VASPs).

 

According to the Central Bank of Nigeria (CBN), VASPs are entities that conduct exchanges between virtual assets (cryptocurrencies) and fiat currencies, and transfers of virtual assets.

 

In a notice seen by TheCable dated March 4, 2024, the SEC said the new measures would ensure that “criminals are not registered as operators” in the capital market.

 

The CBN had lifted the ban on crypto transactions in the country on December 22, 2023, and issued operational guidelines on virtual assets service providers (VASPs) to all banks and other financial institutions (OFIs).

Based on the SEC circular, the new guidelines will serve as additional rules and regulations to the existing ones.

 

“In September 2020, the Commission released its treatment and classification of digital assets where it specified its regulatory purview over Crypto tokens traded on a recognised exchange, Utility tokens traded on a recognized exchange, security tokens that have features of securities and funds and derivatives of these three types of tokens” the circular reads.

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The SEC outlined the existing guidelines issued in May 2022 to include; general requirements for VASPs, issuance of digital assets as securities, digital assets offering platforms (DAOPs), digital assets exchange (DAX), and digital asset custodians (DACs).

 

“In May, 2022 and April, 2023 SEC AML/CFT/CPF Regulations were amended and issued with the following specific requirements on VASPs: a. CDD/KYC for VASPs; b. The Travel Rule; c. STRs Rendition; and d. Record Keeping,” the circular further reads.

“In April 2023, procedures for implementing targeted financial sanctions on terrorist individuals and entities was issued.

 

“The SEC has also developed a new AML/CFT/CPF AML/CFT/CPF onboarding manual for licensing/registration and on-going screening of Digital and VASP beneficial Owners to ensure that criminals are not registered as operators in the capital market.

 

“The SEC is ready to interface with genuine VASPs based on these clear rules and regulations.”

 

The commission also said based on the recent engagement with CBN, additional comments are being incorporated into the rules that “will soon be exposed to the market for comment before final approval”.

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The SEC added that relevant rules and regulations issued on the regulation of digital assets and VASPs have been collated for use by potential applicants and the public.

 

The proposed new rules may be linked to the federal government’s efforts to clamp down on crypto platforms in the country.

 

Binance, a cryptocurrency platform, is currently facing significant scrutiny by the Nigerian authorities over allegations of infractions in the country’s foreign exchange (FX) regulations.

 

The platform has been accused of arbitrarily fixing FX rates and was reportedly asked to pay $10 billion as retribution for profiting from “its illegal transactions” in Nigeria. Prior, the firm’s two top executives were detained.

On March 5, 2024, Binance announced that all services in naira, the country’s local currency, would be stopped from March 8, 2024 — signalling its potential exit from Nigeria.

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FULL LIST: 16 banking transactions not affected by new CBN’s cybersecurity levy

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The Central Bank of Nigeria (CBN) has ordered all banks to start charging a 0.5 per cent cybersecurity levy on all electronic transactions within the country excluding 16 listed banking deals.

 

According to a circular signed by the Director, Payments System Management Department, Chibuzo Efobi; and the Director, Financial Policy and Regulation Department, Haruna Mustafa; the cybersecurity would commence two weeks from May 6, 2024.

The apex bank, in the circular, directed to all commercial, merchant, non-interest, and payment service banks, among others; to start the implementation of the cybersecurity charges after two weeks of the information.

 

“The levy shall be applied at the point of electronic transfer origination, then deducted and remitted by the financial institution. The deducted amount shall be reflected in the customer’s account with the narration, ‘Cybersecurity Levy,’” the circular partly read.

 

However, the CBN listed 16 banking transactions exempted from the new cybersecurity levy.

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The exempted transactions are listed below:

1. Loan disbursements and repayments

2. Salary payments

3. Intra-account transfers within the same bank or between different banks for the same customer

4. Intra-bank transfers between customers of the same bank

5. Other Financial Institutions instructions to their correspondent banks

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6. Interbank placements,

7. Banks’ transfers to CBN and vice-versa

8. Inter-branch transfers within a bank

9. Cheque clearing and settlements

10. Letters of Credits

11. Banks’ recapitalisation-related funding – only bulk funds movement from collection accounts

12. Savings and deposits, including transactions involving long-term investments such as Treasury Bills, Bonds, and Commercial Papers

13. Government Social Welfare Programmes transactions e.g. Pension payments

14. Non-profit and charitable transactions, including donations to registered non-profit organisations or charities

 

15. Educational institutions’ transactions, including tuition payments and other transactions involving schools, universities, or other educational institutions

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16. Transactions involving bank’s internal accounts such as suspense accounts, clearing accounts, profit and loss accounts, inter-branch accounts, reserve accounts, nostro and vostro accounts, and escrow accounts.

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CBN directs banks to charge 0.5% cybersecurity levy on electronic transactions

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The Central Bank of Nigeria (CBN) has directed banks and other financial institutions to implement a 0.5 percent cybersecurity levy on electronic transfers.

 

This is contained in a circular signed by Chibuzor Efobi, director of payments system management and Haruna Mustafa, director of financial policy and regulation on Monday.

 

The directive was issued to commercial, merchant, non-interest and payment service banks, as well as mobile money operators.

 

CBN said the policy would take effect in two weeks and charges would be described as ‘Cybersecurity Levy’.

 

According to the apex bank, the deduction and collection of the cybersecurity levy is a sequel to the enactment of the Cybercrime (prohibition, prevention etc) Amendment Act of 2024.

 

“Following the enactment of the Cybercrime (Prohibition, Prevention, etc) (amendment) Act 2024 and under the provision of Section 44 (2)(a) of the Act, “a levy of 0.5% (0.005) equivalent to a half percent of all electronic transactions value by the business specified in the second schedule of the Act, is to be remitted to the National Cybersecurity Fund (NCF), which shall be administered by the Office of the National Security Adviser (ONSA),” CBN said.

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CBN said the charges would be remitted to the national cyber security fund, which would be administered by the office of the NSA.

 

“Deductions shall commence within two (2) weeks from the date of this circular for all financial institutions and the monthly remittance of the levies collected in bulk to the NCF account domiciled at the CBN by the 5th business day of every subsequent month.”

 

CBN said failure to remit the levy is an offence which attracts a fine of not less than 2 percent of the annual turnover of the defaulting business, amongst others.

“Finally, all institutions under the regulatory purview of the CBN are hereby directed to note and comply with the provisions of the Act and this circular.”

 

Meanwhile, earlier, banks announced the reintroduction of 2 percent charge on deposits above N500,000.

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Shettima to attend US-Africa business summit

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Vice President Kashim Shettima has departed Abuja for Dallas, United States of America, to represent President Bola Tinubu at the 2024 US-Africa Business Summit hosted by the Corporate Council on Africa.

A statement by his Senior Special Assistant on Media and Communications, Stanley Nkwocha says the Vice President will join other political and business leaders across Africa, the United States of America and beyond for the summit featuring high-level dialogues, networking business sessions and the plenary.

 

Among African leaders expected at the summit include, President Joseph Boakai of the Republic of Liberia; President Lazarus Chakwera of the Republic of Malawi; President Joao Lourenço of the Republic of Angola; President Mokgweetsi E. K. Masisi of the Republic of Botswana; President José Maria Neves of the Republic of Cabo Verde, and the Deputy Prime Minister of the Kingdom of Lesotho, Honourable Nthomeng Majara.

Besides the summit plenary, Senator Shettima is expected to speak at the Roundtable on African Infrastructure Investment with a focus on impact and returns.

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He is also scheduled to speak on a high-level panel on agribusiness, focusing on transiting “from food insecurity to thriving agribusinesses”.

 

The statement also adds that the Vice President will speak at a plenary session on Navigating Africa’s Energy Future, chair a session dedicated to promoting the ‘invest in Nigeria’ initiative as as attend other meetings and engagements on the sideline of the summit.

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