Revised AML Regulations in Taiwan: A New Era for Cryptocurrency Oversight

Revised AML Regulations in Taiwan: A New Era for Cryptocurrency Oversight

On October 2nd, Taiwan’s Financial Supervisory Commission (FSC) announced the introduction of enhanced Anti-Money Laundering (AML) regulations aimed at increasing oversight of virtual asset service providers (VASPs). These updates come as a response to the rapid growth of the cryptocurrency market and the associated risks of money laundering and fraud. In order to tighten control over this burgeoning sector, the FSC has proposed a stringent framework that not only supersedes existing regulations but also requires all crypto companies to comply with new mandates set to take effect from January 1, 2025.

Under the revised regulations, all VASPs must register with the Taiwanese government by September 2025. The term non-compliance carries serious repercussions, including potential imprisonment of up to two years or fines as high as 5 million New Taiwan dollars (about $155,900). This stake raises the bar considerably for crypto businesses operating in Taiwan, necessitating not only an initial registration but also an annual risk assessment report to be submitted to the FSC—a move designed to foster greater transparency and accountability within the industry.

Additionally, companies that have previously complied with earlier regulations established in July 2021 will not be exempt from the new requirements; they must go through the registration process again to avoid penalties. This requirement showcases the FSC’s commitment to ensuring every player in the digital asset sphere adheres to a standardized compliance measure that reflects the current risk environment.

In tandem with these regulations, the FSC is also plotting a broader legislative course for the cryptocurrency landscape in Taiwan. By June 2025, the agency anticipates proposing new crypto-related laws, with a draft expected to be finalized by the end of 2024. This proactive approach aims to create a robust legal framework that can effectively address the complexities of digital assets while maintaining a secure environment for investors.

Interestingly, while tightening AML regulations, the FSC has simultaneously begun to ease certain aspects of its cryptocurrency policies. Most notably, it recently allowed professional investors to participate in exchange-traded funds (ETFs) tied to “foreign virtual assets.” Acknowledging the significant risks these investment vehicles pose, the FSC has restricted participation to institutional investors, high-net-worth individuals, and suitably qualified clients. To minimize potential pitfalls, the FSC has mandated the establishment of a suitability assessment system, alongside risk-warning letters for non-institutional clients before they engage in initial purchases.

Another critical component of the regulatory framework involves enhancing the knowledge base of securities firms. The FSC requires these institutions to provide regular education and training sessions for their staff about virtual assets. This initiative aims to cultivate a deeper understanding of the risks and operations within the crypto sphere, ensuring that professionals are well-equipped to navigate the increasingly complex landscape.

Taiwan’s recent adjustments to its AML regulations reflect a careful balancing act between fostering innovation in the cryptocurrency market and safeguarding against potential abuses. As VASPs prepare to meet the new compliance demands, and with a comprehensive legislative reform on the horizon, Taiwan is positioning itself to remain a significant player in the global digital asset environment while prioritizing security and regulation. The path forward involves not only stricter oversight but also a measured approach to market accessibility, setting a model for other jurisdictions grappling with similar challenges.

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