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Posts tagged financial regulation
Crypto, Corruption, and Capital Controls: CrossCountry Correlations 

By Marwa Alnasaa, Nikolay Gueorguiev, Jiro Honda, Eslem Imamoglu, Paolo Mauro, Keyra Primus, and Dmitriy Rozhkov 

  The emergence of crypto-assets (private digital assets that depend primarily on cryptography and distributed ledger technology for record keeping) has unleashed a plethora of financial innovation that will likely revolutionize the form of money and the ways it is used. These developments create opportunities as well as risks. As noted, for example, by a group of G-20 policymakers, “…technological innovation, including that underlying crypto-assets, has the potential to improve the efficiency and inclusiveness of the financial system and the economy more broadly,” but “crypto-assets […] raise issues with respect to consumer and investor protection, market integrity, tax evasion, money laundering and terrorist financing.” The pseudonymity of crypto-assets (whereby transactions require only digital identities) makes them a potential vehicle for illicit flows, including flows of proceeds from corruption. This pseudonymity is not an intrinsic feature of the underlying technology, but rather a choice made in the design and practice of most currently existing crypto-assets. Whereas cash provides full anonymity and large denomination bills have long been considered an aid for crime and tax evasion (Rogoff 2017, Chodorow-Reich et al. 2020), crypto-assets in their current form make it possible to move even larger amounts speedily and with greater ease, including across national borders (Graf von Luckner et al., 2021). As crypto-assets rapidly gain macroeconomic relevance (International Monetary Fund 2021) and policymakers consider the optimal degree of regulation, it is urgent to bring empirical evidence to bear on the question of whether crypto-assets facilitate corruption. Likewise, it is helpful to explore the extent to which crypto-assets are used to circumvent capital controls, for countries where these are in place, and whether crypto-assets are more likely to gain traction in countries where the local currency has historically not been a secure store of value. There are also potential benefits of the technologies that crypto-assets are based on. In particular, prudently designed central bank digital currencies could offer additional resilience, safety and availability with lower costs. These technologies could also be used to improve transparency and record-keeping for procurement or other payments related to government projects, thereby increasing accountability, and reducing the scope for corruption. Likewise, property and registry systems could be enhanced, reducing red tape, and streamlining processes. However, these initiatives are currently less advanced or widespread than crypto-assets. Empirical investigation of the factors underlying the growing usage of crypto-assets is in its infancy, owing to data limitations. In this paper, we present a simple cross-country analysis drawing on recently released survey-based data. We explore the correlation of crypto-asset usage with indicators of corruption, capital  controls, a history of high inflation, and other factors. We find that crypto-asset usage is significantly and positively associated with corruption and capital controls. Whereas the small sample size and uncertain quality of the data on crypto-assets implies that our results must be interpreted with caution, it is also worth recalling that measurement error tends to reduce the likelihood of finding a significant empirical association; significant results with low-quality data are thus worth paying attention to. With these caveats in mind and considering the urgency of acting before it is too late, rather than waiting for conclusive evidence, we believe that, on balance, our results add to the case for regulating crypto-assets, including know-your-customer approaches, as opposed to taking a laissez-faire stance. 

Washington, DC: International Monetary Fund, 2022. 19p.

Opacity in Real Estate Ownership Index: Assessing Data Transparency and Anti-Money Laundering Rules in Global Markets

By Transparency International


Despite international standards and collective commitments, the world’s biggest economies and some key financial hubs remain far too open to corrupt people and other criminals laundering and enjoying their ill-gotten gains through real estate.

To help policymakers address these ongoing challenges, Transparency International and the Anti-Corruption Data Collective (ACDC) developed the Opacity in Real Estate Ownership (OREO) Index. The Index evaluates the ideal framework to protect real estate markets from dirty money, using two pillars. The first pillar assesses the availability and adequacy of real estate data. The second measures the coverage and scope of the anti-money laundering legal framework as it applies to the real estate sector.

The first edition of the index reveals gaps that make global property markets vulnerable to corrupt money flows through assessing and ranking 24 jurisdictions, including 18 G20 member nations plus guest countries Spain and Norway, as well as Hong Kong, Panama, Singapore and the United Arab Emirates (UAE).

No country achieves a perfect mark, with 10 jurisdictions scoring below five out of possible 10 points.

By exposing weaknesses, the OREO Index aims to drive reforms that enhance transparency and accountability in the real estate sector. Both an effective data system and comprehensive anti-money laundering safeguards are essential for effectively preventing, detecting and investigating money laundering, and identifying policy gaps that allow it to go undiscovered.

Berlin: Transparency International, 2025. 49p.

The virtual asset ecosystem in El Salvador: risks and challenges to counter financial crime

By Global Financial Integrity and the Cyrus R. Vance Center for International Justice

On September 7, 2021, El Salvador became the first country in the world to adopt Bitcoin as legal tender. Two years later, the country has undergone technological change and growth, faced operational and regulatory challenges, and learned a tremendous amount in the process. This joint publication by the Vance Center and Global Financial Integrity (GFI) analyzes virtual assets (VAs) in El Salvador, first from a legal and regulatory perspective, as well as from an anti-money laundering (AML) and counter-terrorism financing (CFT) perspective The first half of the report analyzes the current regulatory landscape in El Salvador regarding Bitcoin and VAs. El Salvador has taken a major leap in embracing technological innovation, specifically in the digitalization of the financial system, through adopting bitcoin, cryptocurrencies, and digital assets. The country has established a regulatory framework encompassing the Bitcoin Law, the Digital Assets Issuance Law, and the Innovation and Manufacture of Technologies Promotion Law. These laws aim to provide a supportive environment for individuals and businesses engaging in transactions involving digital currencies while fostering innovation and technology manufacturing within the nation.

As a result, El Salvador is poised to become a leading proponent of emerging technologies across various sectors of its economy. Due to the dynamic nature of the subject matter and the ongoing efforts to standardize these frameworks internationally, the report identifies additional areas that may still require regulation.

The second half of the report analyzes VAs in El Salvador from an AML/CFT perspective. The report approaches these issues from the perspective of the Financial Action Task Force (FATF), which states that “the cornerstone (…) is the risk-based approach which emphasizes the need for countries to identify and understand the money laundering (ML) and terrorism financing (TF) risks they are exposed to.”

Understanding risks enables countries such as El Salvador to take mitigating measures and to deploy limited resources effectively. In this regard, the report analyzes financial crime risks for the most common predicate offenses for ML in El Salvador, considering drug trafficking, extortion, migrant smuggling, and misappropriation of public funds (peculado). The report also assesses financial crime risks related to specific operational features or developments within El Salvador’s VA ecosystem.

The report concludes with policy recommendations that can help El Salvador to maximize the benefits and minimize the risks associated with financial innovation. Key recommendations include:

Policymakers in El Salvador should urgently adopt reforms strengthening AML/CFT as well as ensuring robust oversight over VAs. These reforms are particularly important in light of El Salvador’s upcoming Mutual Evaluation.

The Government of El Salvador, and specifically the Central Reserve Bank (BCR) and the National Commission of Digital Assets (NCDA), should engage with the legal and business community in developing regulations and technical standards according to need and practice for the Bitcoin Law and Digital Assets Issuance Law, following international best practices.

Lawyers and law firms advising companies wanting to operate in El Salvador should enhance compliance mechanisms to verify client backgrounds to prevent criminal actors from entering the national financial system.

All relevant government agencies should ensure transparency and access to public information, including contractual and operational processes, fraud and mismanagement investigations, and the use of public funds, per domestic laws and international standards.

The BCR should incorporate information on government Bitcoin purchases into the Balance of Payments and other similar documents.

The Superintendence of the Financial System (SSF) should require that Chivo Wallet collect information on legal persons opening Chivo Wallet accounts in line with the requirements for legal persons to open other types of financial accounts. In addition, Chivo Wallet should maintain beneficial ownership information for legal persons using Chivo Wallet, in line with FATF Recommendation 15’s interpretive guidance and similar to the requirements for financial institutions.

Considering that financial institutions and other obligated entities submit suspicious transaction reports (STRs) for crypto transactions, the Financial Intelligence Unit (FIU) of El Salvador and other government authorities should provide education and training opportunities to the financial sector and other obligated entities regarding identification of red flag indicators in crypto transactions. This will help to ensure that STRs contain relevant information and reflect an informed understanding of the risks.

Washington, DC: Global Financial Integrity 2023. 63p,