Regulation of Crypto Assets in Seychelles: A Developing Landscape

Seychelles, an archipelago nation in the western Indian Ocean, has gradually emerged as a noteworthy player in the crypto asset space. The country’s legal framework for the regulation of crypto assets and initial coin offerings (ICOs) is still under development. Nevertheless, there are signs that Seychelles is looking to enhance its regulatory stance in response to the growing interest in virtual assets and digital currencies.

Current Regulatory Landscape

Seychelles’ current regulatory environment for crypto assets is relatively lenient. ICOs, in particular, are not specifically regulated, and they are not classified as ‘security businesses’ under the Securities Act. This means that ICOs do not fall within the regulatory framework of the Seychelles Securities Act.

The relaxed know-your-customer (KYC) procedures in Seychelles have made it an attractive destination for crypto businesses looking for a more permissive regulatory environment.

Increasing Concerns and Government Response

The rise of crypto asset activities and their potential risks have prompted Seychelles to consider developing a national policy on virtual assets. The country’s financial services sector has witnessed an influx of companies involved in crypto asset-related activities. However, Seychelles’ government remains cautious about the use of crypto assets as a form of legal tender, with the Central Bank of Seychelles not recognizing it as such.

Rising Complaints

Complaints related to crypto asset activities have been on the rise in Seychelles. The Financial Services Authority (FSA) has recorded an increase in the number of complaints, particularly from investors who have lost their money in crypto asset-related ventures. The data shows a notable uptick in such complaints over recent years:

  • 2018: 5 complaints related to crypto assets out of 28.
  • 2019: 9 complaints related to crypto assets out of 27.
  • 2020: 8 complaints related to crypto assets out of 12.
  • 2021: 23 complaints related to crypto assets out of 27.

This trend highlights the growing interest among the public and businesses in crypto asset activities and the associated risks and challenges.

National Risk Assessment

In response to these concerns, the Seychelles government, with the assistance of experts recommended by the World Bank, conducted a national risk assessment on virtual assets and businesses that offer services involving virtual assets. The assessment aimed to evaluate the current state and potential risks associated with crypto assets in Seychelles.

The absence of a regulatory framework has left investors and users without legal protections, making it imperative for Seychelles to take steps towards a more robust regulatory environment.

Seeking Compliance with International Standards

Seychelles recognizes the importance of aligning its regulatory framework with international standards, particularly those set by the Financial Action Task Force (FATF). Virtual Asset Service Providers (VASPs), which include businesses facilitating the exchange of virtual assets, are among the key areas to be regulated.

National Policy Development

The Seychelles government, through the FSA, has initiated the development of a national policy on virtual assets. This policy is expected to introduce legal provisions for registering businesses involved in virtual asset activities and establishing a licensing framework based on the specific types of activities permitted in Seychelles.

Challenges and Considerations

One of the key challenges facing Seychelles is the presence of a large number of Virtual Asset Service Providers (VASPs) operating in the country. However, the lack of a structured regulatory framework hinders effective monitoring of these entities.

There are two main approaches Seychelles could consider to address this issue: banning VASPs from the nation or implementing a comprehensive licensing regime. The latter is the favored approach as it aligns with international best practices.

Central Bank Digital Currency (CBDC)

Seychelles is also considering the adoption of a Central Bank Digital Currency (CBDC) to modernize its payment system and enhance financial inclusion. The CBDC adoption plan is aligned with the Central Bank of Seychelles’ efforts to modernize the country’s financial infrastructure.

Crypto Exchanges Eye Seychelles

Seychelles has attracted the attention of global crypto exchanges, with Bitget being one of the prominent players looking to establish a presence in the country. The country’s open stance toward crypto, combined with its growing adoption of digital assets, makes it an attractive destination for crypto businesses.

Conclusion

Seychelles’ journey in the crypto asset space is characterized by gradual progress. While the country currently lacks a comprehensive regulatory framework for crypto assets and ICOs, there is a growing recognition of the need to protect investors and users and to align with international standards set by organizations like the FATF.

The upcoming national policy on virtual assets and the potential adoption of a CBDC are significant steps that signal Seychelles’ willingness to participate actively in the evolving world of digital currencies and blockchain technology. As the country takes strides toward more robust regulation, the crypto landscape in Seychelles is poised to evolve, offering potential benefits to its economy and financial sector.