18/01/2024
π³π¬ CENTRAL BANK OF NIGERIA'S NEW CRYPTOCURRENCY GUIDELINES: KEY HIGHLIGHTS
The Central Bank of Nigeria, drawing on its powers in the Central Bank Act as well as the Banks and Other Financial Institutions Act, issued guidelines on cryptocurrency integration within the Nigerian financial. Dated December 22, 2023, this circular supersedes prior directives, signifying the arrival of the long awaited dawn crypto entities in the country.
π HIGHLIGHTS
RATIONALE FOR CHANGE
The circular, signed by Haruna B. Mustapha, outlines the historical concerns surrounding cryptocurrencies, emphasizing the risks associated with money laundering and terrorist financing. A global shift towards regulating cryptocurrencies motivated the Central Bank's reconsideration.
AUTHORIZED TRANSACTIONS
Commercial and Merchant Banks now have the green light to establish bank accounts for Virtual Assets Service Providers, engaging in activities such as fiat-to-digital asset exchanges, digital asset trading, and custody services.
INTRODUCTION OF GUIDELINES
The Circular introduces the "Guidelines on Operations of Bank Accounts for Virtual Assets Service Providers," defining "Digital Asset" and "Virtual Assets" to provide clarity on the regulatory landscape.
PERMISSIBLE ACTIVITIES
Financial Institutions are permitted to engage in various activities, including opening designated bank accounts, providing settlement services, serving as channels for FX flows, and other activities subject to periodic approval by the CBN.
Note that while Virtual Assets Service Providers can now operate within the banking system, financial institutions are still prohibited from transacting in cryptocurrencies directly.
APPROVAL PROCESS
Opening a bank account for a virtual assets service provider requires approval from a senior management staff, starting from the Assistant General Manager level and above.
DOCUMENTATION REQUIREMENTS
Documents required includes a valid operating license from the Securities and Exchange Commission, Corporate Affairs Commission forms, verifiable business addresses, and compliance with the "Rules on Issuance, Offering Platforms, and Custody of Digital Assets 2022."
RESTRICTIONS
The account's usage is restricted exclusively to transactions involving Digital and Virtual Assets, with prohibitions on cash withdrawals, third-party cheque clearances, and specific guidelines for settlements.
REGULATORY AUTHORITY ACKNOWLEDGMENT
This strategic shift recognizes the Securities and Exchange Commission (SEC) as the rightful authority to regulate the cryptocurrency space, while the Central Bank maintains regulatory oversight for related transactions within the financial sector.
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