The purpose of this mini-dissertation is to analyse and establish the potential money laundering and terrorism financing risks and implications of virtual currencies on the prevalent South African regulatory and supervisory architecture. The South African financial system is exceedingly regulated and supervised to ensure that it is prudent and reputable, and to enhance the safety and soundness thereof. Recently, technological innovations and developments have created immense issues especially from a financial regulatory and supervisory perspective. Financial technology has produced mysterious phenomena such as blockchain, insuretech, crowdfunding and virtual currencies. Presently, virtual currencies, which will be the focus of this study, do not fall within the ambits of the South African financial regulatory or supervisory regime and have thus created a regulatory arbitrage. This poses a significant number of risks and implications to the South African context, namely tax evasion; crossborder illicit flow of funds; contravention of exchange control regulations; financial instability; monetary policy uncertainty; inaccurate economic statistics; non-reporting of balance of payment requirements; and money laundering and terrorist financing (ML/TF). The study aims to construct a clear description and categorisation of virtual currencies within a South African context. Secondly, the study will set out the risks and implications that virtual currencies pose to the South African financial system from a ML/TF perspective. Finally, the study will present a possible solution to close the current regulatory arbitrage presented by virtual currencies in the South African financial sector. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Mercantile Law / LLM Banking Law / Unrestricted
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/72990 |
| Date | January 2019 |
| Creators | Botha, Rynhard |
| Contributors | Brits, Reghard, rynhard.botha@resbank.co.za |
| Publisher | University of Pretoria |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Mini Dissertation |
| Rights | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
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