UPSC Daily Editorial Analysis | MiCA – European Union’s Bill on regulations of cryptocurrencies | 3rd August 2022

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What is the article about?

  • Recently the European Parliament and Council, the legislative arms of the European Union, came to a provisional agreement on long awaited regulations on crypto, namely, the Regulation Of Markets in CryptoAssets, or MiCA.

Relevance:

  • GSIII: Indian Economy – Government Budgeting

What is the issue:

  • There has been a lot of noise over Finance Minister Nirmala Sitaraman’s answer to a question recently in Parliament about the Indian government’s stance on cryptocurrencies. Some headlines even went as far as to suggest that there was a fresh plan to ban crypto in India.
  • India’s central bank wants a ban on crypto currencies, any legislation for the “regulation or for banning crypto” can be effective only after significant international collaboration.

Analysis:

  • A seamless asset: Crypto is an Internet native asset not limited by geographical boundaries. To transfer crypto, one does not need a pipeline or shipping container. A steady Internet connection and some elemental knowledge of crypto services are what are needed that will allow anyone in the world to transfer crypto assets.
  • Further, crypto assets are not issued or controlled by any enterprise.
  • How then can such a seamless financial asset be regulated? The European Parliament and Council, the legislative arms of the European Union, came to a provisional agreement on long awaited regulations on crypto, namely, the Regulation Of Markets in CryptoAssets, or MiCA.

Why MiCA matter to India and the World?

  • The European market is second to the United States economically and behind Asia in terms of the number of Internet users. Yet, Europe is the global yardstick on technology regulations.
  • The General Data Protection Regulation, or GDPR, first published in 2016 and implemented in 2018, marked a turning point on consumer data protection and privacy not just inEurope but the world over.
  • The GDPR introduced a framework for seeking user consent and introduced several progressive rules such as the right to forget. The Supreme Court of India has also held that the right to privacy is a fundamental right and an integral part of the right to life and liberty.

Working of MiCA:

  • It proposes to regulate crypto asset services and crypto asset issuers.  By regulating these entities, Europe intends to provide consumer protection, transparency,and governance standards, regardless of the decentralised nature of the technology.
  • For instance, under MiCA, crypto asset service providers will be liable in case they lose investors assets, and will be subject to European market abuse regulations, including those on market manipulation and insider trading.
  • Then, MiCA goes further to put forth specific regulations for stablecoins, rightly demarcating them from other crypto assets. Under the proposed rules, issuers of stablecoins — asset referenced tokens is the term it uses — are subject to a greater degree of compliance and declaration.
  • Under MiCA, stablecoin issuers must maintain reserves to cover all claims of the coins, and should implement a process for immediate redemption if and when holders seek one

A case study on why regulation is necessary: The TerraUSD example

  • The recent collapse of TerraUSD, an algorithmic stablecoin that had no adequate reserve and relied mainly on the demand supply balance with its sister coin, Luna, had caused significant losses to retail and institutional investors.
  • If the laws Europe proposes were in effect, TerraUSD issuers would have had to maintain 1:1 reserve, which would have prevented the bank run that roiled the crypto market.

Way Forward:

  • Like the GDPR did for data protection, Europe has shown the way forward to regulate crypto in a manner that enables responsible businesses and protects users. It would not be too long for other nations to follow suit.



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