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Cryptocurrencies and anti-money laundering laws: the need for an integrated approach

Zul Kepli, Mohd Yazid and Zulhuda, Sonny (2019) Cryptocurrencies and anti-money laundering laws: the need for an integrated approach. In: Emerging Issues in Islamic Finance Law and Practice in Malaysia. Emerald Publishing Limited, United Kingdom, pp. 247-263. ISBN 978-1-78973-546-8

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Abstract

This chapter attempts to clarify and describe the legal and regulatory framework for cryptocurrency with special focus on Malaysia and the threats that it poses from the anti-money laundering perspective. Currently, very few countries have legislations that regulate cryptocurrency. Nonetheless, the crazy surge in prices (to more than 20-folds at some point) has sent both legitimate investors and criminals flocking to cryptocurrencies. This chapter analyses and compares the official reports from various governments, writings of government officials, experts and scholars in journals and newspapers, interviews and draws conclusions on the legal framework of cryptocurrency, and money laundering challenges. The study notes that the decision of the US regulators in allowing Bitcoin futures to trade on major exchanges to be one of the reasons behind the sudden surge. The study also finds that the South Korean regulators’ approach in banning its financial institutions from dealing with virtual currency is a positive one. The chapter stresses that it is not adequate for regulators to warn the public to act with extreme caution and increase their understanding on the risks they take on if they choose to invest in cryptocurrencies. Instead, it is necessary to have comprehensive international and national laws and regulations for the control and management of cryptocurrencies. In addition, the anti-money laundering legal framework must be improved to cater to the new threats posed by cryptocurrency.

Item Type: Book Chapter
Additional Information: 6861/75457
Uncontrolled Keywords: Cryptocurrency, Financial Law, Money
Subjects: H Social Sciences > HG Finance
H Social Sciences > HG Finance > HG201 Money
H Social Sciences > HG Finance > HG201 Money

K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr Sonny Zulhuda
Date Deposited: 13 Nov 2019 16:49
Last Modified: 31 Dec 2019 16:16
URI: http://irep.iium.edu.my/id/eprint/75457

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