Changes in the Regulation of Crypto Exchanges in Lithuania And Estonia
Keywords:
MiCA, crypto-assets, crypto exchange, crypto wallet, AML, paymentsAbstract
This article consults new regulations in Estonia and Lithuania where significant amendments have been adopted for the establishment and approval of crypto exchange services' providers. While Estonia has adopted an important amendment to the regulation of providers of crypto exchange services and of crypto wallet services, Lithuania has adopted a completely new regulation that has never been part of its legal system in any aspect. Despite these amendments, it's expectable that these regulations will have only temporary effect by the adoption of Markets in Crypto Assets Regulation (MiCA), now only at the stage of working paper.
Downloads
References
Legal Acts
Act 174/2017 Coll. of the Estonian Republic, the Money Laundering and Terrorist Financing Prevention Act.
Directive 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (EUR-Lex, L 156/43, as amended).
Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC.
Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC.
Amendment of the Act 174/2017 Coll. of the Estonian Republic, the Money Laundering and Terrorist Financing Prevention Act.
Act No. VIII-275 of Lithuania on the Prevention of Money Laundering and Terrorist Financing.
Circular of the Financial Crime Investigation Service of Lithuania No. 25/6-2-12 on the regulation of activities of virtual currency exchanges or service operators in relation to virtual currencies in Lithuania.
Other official documents
Decision of the Estonian Supreme Court No. 3-3-1-75-15 from 04.04.2016 Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-3-1-75-15 accessed: 30th June 2022.
EMTA: Cryptocurrencies, Available at: https://www.emta.ee/en/private-client/taxes-and-payment/taxableincome/cryptocurrency#mining accessed: 30th June 2022.
Finantinspektsioon: Information for entities engaging with virtual currencies and ICOs, Available at: https://www.fi.ee/en/finantsinspektsioon/financial-innovation/virtual-currencies-andico/information-entities-engaging-virtual-currencies-and-icos accessed: 30th June 2022.
Finantinspektsioon: Information for entities engagine with virtual currencies and ICOs, Available at: https://www.fi.ee/en/finantsinspektsioon/financial-innovation/virtual-currencies-andico/information-entities-engaging-virtual-currencies-and-icos accessed: 1st July 2022.
National Bank of Lithuania: CENTROlink, Available at: https://www.lb.lt/en/centrolink accessed: 1st July 2022.
Internet resources
PWC: BAUR, D. Cryptographic assets? Available at: https://www.pwc.ch/en/insights/disclose/29/cryptographic-assets.html, accessed: 30th June 2022.
Ellul & Schranz: BAJADA, B. Estonia – Proposed New Virtual Currency Regulations, Available at: https://www.ellulschranz.com/estonia-proposed-new-virtual-currency-regulations/, accessed: 1st July 2022.
KPMG: LUMP, H, REMMELGAS, K. Estonia – New draft law proposed in Estonia to regulate virtual currency service providers Available at: https://home.kpmg/ee/en/home/insights/2021/10/new-draft-law-proposed-in-estonia-toregulate-virtual-currency-s.html, accessed: 1st July 2022.
MAXCORP: How to Set Up a Crypto License in the EU: Estonia Available at: https://www.lowtax.net/articles/How-to-Set-Up-a-Crypto-Exchange-Licence-in-the-EUEstonia-584936.html, accessed: 1st July 2022.
Hedman Partners & Co OÜ: Blockchain Services & Crypto(tax) lawyers Available at: https://hedman.legal/services/blockchain-and-crypto/, accessed: 1st July 2022.
Larssen Corporate Services: New Crypto Industry Regulations in Estonia, March 2022 Available at: https://www.larssen.ee/en/portfolio/new-crypto-industry-regulations-estonia-march2022, accessed: 1st July 2022.
Unbui: Cryptocurrency License in Lithuania Available at: https://unbui.lt/, accessed: 1st July 2022.
Baltic Legal: Acquire crypto license and a Lithuanian (EU) company Available at: https://www.baltic-legal.com/lithuania-company-registration-cryptocurrency-licence-bankaccount-eng.htm, accessed: 1st July 2022.
Eternity Law: Crypto license in Lithuania 2022 Available at: https://eternitylaw.com/news/crypto-license-in-lithuania-2022/, accessed: 1st July 2022.
MaxCorp: Crypto Exchange and Wallet Operator Licenses in Lithuania Available at: https://www.lowtax.net/articles/Crypto-Exchange-and-Wallet-Operator-Licenses-inLithuania-596035.html, accessed: 1st July 2022.
LawRange: Obtaining a crypto license in Lithuania Available at: https://lawrange.net/en/services/obtaining-a-crypto-license-in-lithuania/, accessed: 1st July 2022.
Company in Lithuania: Compliance (AML) Officer for a Lithuanian Crypto-Company Available at: https://tet.lt/blog/compliance-officer-for-a-lithuanian-crypto-company/, accessed: 1st July 2022.
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Unported License.
Financial Law Review is an open access journal which means that all the articles published are freely available without charge to the reader or his/her institution.
The articles published in Financial Law Review are available under a licence Attribution-NonCommercial-NoDerivs 3.0 Unported (CC BY-NC-ND 3.0)
The Author furnishes a non-exclusive and free-of-charge license to use the his Work without territorial limitations and for an unlimited period.
Archiving policy
All texts from the journal Financial Law Review are published in electronic version. We strive to archive texts in various databases. Archival issues are also available on the platform of the Academic Scientific Journals: https://czasopisma.bg.ug.edu.pl/index.php/flr/index
Moreover articles published in the journal are archived at the Repository of the University of Gdansk.