Government Introduces AML Obligations Under PMLA Act
The Indian government has taken a significant step towards regulating the digital asset industry by including virtual assets, such as cryptocurrencies, under the Prevention of Money Laundering Act 2002 (PMLA). The Ministry of Finance released a notification on March 7th, 2023,[1] classifying virtual digital assets as “reporting entities.” As a result, crypto exchanges and intermediaries will now be required to perform KYC and report any suspicious transactions to the Financial Intelligence Unit of India (FIU-IND).
The decision is consistent with the worldwide trend of regulating digital-asset platforms to prevent illegal activities, including money laundering. The Indian government’s proactive stance towards regulating the digital asset industry aims to ensure investor protection.
The move follows increasing concerns about the use of digital assets for illicit activities. Nonetheless, the notification is expected to increase transparency and accountability in the digital asset industry, attracting more institutional investors.
The notification has been received positively by stakeholders in the crypto industry as a favourable move towards formalizing the sector. Nevertheless, some crypto enthusiasts are concerned that this decision may lead to a crackdown on the industry, stifling innovation and growth.
In conclusion, the inclusion of virtual assets under the ambit of the PMLA is a crucial step towards regulating the digital asset industry by the Indian government. The move intends to prevent the misuse of digital assets and bring them under the anti-money laundering standards applied to other regulated entities. While the move has been well-received by many, there are concerns that it may stifle innovation and growth in the industry. Nonetheless, the decision is expected to increase transparency and accountability in the digital asset industry, attracting more institutional investors.
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