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3 JACL 1 (2019)

handle is hein.journals/jantcorul3 and id is 1 raw text is: 
















    CRYPTOLAUNDERING: ANTI-MONEY LAUNDERING REGULATION
                  OF  VIRTUAL   CURRENCY EXCHANGES


                                                        Stefan Mbiyavanga


ABSTRACT
Ten years on since their invention, virtual currencies are here to stay. However,
virtual currencies come with money  laundering risks. This paper discusses anti-
money  laundering regulation for virtual currency intermediaries, by showcasing
and comparing regulatory models at the national and international levels.

       It is found that the anti-money laundering regulation for virtual currencies
-  more than being merely nice to have - carries considerable potential in the
fight economic crime. Where financial intermediaries engaged in virtual currencies
are required to gather the full spectrum of information needed to identify their
customers and the source of funds, virtual currencies become much less attractive
to money launderers than traditional fiat money systems. Furthermore, anti-money
laundering regulation means that supervisory and investigatory authorities can
identify and act against money launderers and other delinquents.


1      INTRODUCTION
Virtual currencies, such as Bitcoin, as well as the technology that supports them,
have created new options for the delivery of financial services. However, the rapid
pace of innovations in virtual currency technology - as well as in the Fintech
(Finance and Technology) sector in general - leaves regulators grappling to design
adjusted legal frameworks. Notwithstanding all the excitement and hope, the risk
of money  launderers abusing these technologies on a large scale is serious. For
instance, the United States Department  of Justice reports that corrupt public

*      This is a revised version of a paper read by the author at the Economic Crime and
       Cybercrime Conference (ECCC), University of the Western Cape, 5 October 2018.
**     MLaw, Doctoral Candidate (University of Basel, Switzerland).
       Email: s.mbiyavanga@unibas.ch.


JACL 3(1) 2019 pp 1 - 15


1