LEGAL REGULATION OF CRYPTOCURRENCY EXCHANGES: INTERNATIONAL LEGAL CHALLENGES, REGULATORY APPROACHES, AND COMPLIANCE MECHANISMS
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cryptocurrency exchanges, virtual assets, blockchain, cryptocurrency regulation, FATF, MiCA, anti-money laundering, compliance, financial law, digital assets..Abstrak
The rapid expansion of cryptocurrency markets has fundamentally transformed the global financial system and challenged traditional approaches to financial regulation. Cryptocurrency exchanges have emerged as key intermediaries facilitating the purchase, sale, transfer, and storage of digital assets across jurisdictions. However, the borderless and decentralized nature of cryptocurrencies has generated significant legal concerns relating to anti-money laundering compliance, counter-terrorist financing measures, consumer protection, taxation, cybersecurity, market manipulation, and regulatory enforcement. This article examines international legal frameworks governing cryptocurrency exchanges, analyzes regulatory approaches adopted by leading jurisdictions, including the European Union and the United States, and evaluates major enforcement actions involving Binance and FTX. The study further explores emerging challenges associated with decentralized finance (DeFi) and proposes recommendations aimed at strengthening international cooperation and harmonizing legal standards for digital asset regulation.
Iqtiboslar
Satoshi Nakamoto, Bitcoin: A Peer-to-Peer Electronic Cash System (2008), p. 1;
Andreas M. Antonopoulos, Mastering Bitcoin (Sebastopol: O’Reilly Media, 2017), p. 12;
Chris Brummer, Cryptoassets: Legal, Regulatory and Monetary Perspectives (Oxford: Oxford University Press, 2019), p. 57;
Philipp Hacker et al., Regulating Blockchain (Oxford: Oxford University Press, 2019), p. 84;
Financial Action Task Force (FATF), Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers (Paris: FATF, 2023), p. 9;
FATF, Updated Guidance for Virtual Assets and VASPs (Paris, 2023), p. 27;
Regulation (EU) 2023/1114 of the European Parliament and of the Council on Markets in Crypto-Assets (MiCA), Official Journal of the European Union, 2023;
United Nations Office on Drugs and Crime (UNODC), Cryptocurrency Investigations and Virtual Assets Report (Vienna, 2022), p. 35;
United States Department of Justice, Binance Holdings Ltd. Plea Agreement and Enforcement Action, Washington D.C., 2023.
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