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IS IT LEGAL TO ENGAGE IN CRYPTOCURRENCY AND HOW TO CREATE A
CRYPTO EXCHANGE IN UZBEKISTAN
The capital that rotates within the cryptocurrency is estimated at
billions of {dollars}. Each nation has separate authorized base that make
it unprofitable to spend money on cryptocurrencies. Uzbekistan was not
an exception. However, the nation has modified its opinion within the
long term. Recently a number of acts have been signed with a purpose to
help the event of cryptocurrency actions.
To create a framework and regulate this quickly creating
sphere, the President of Uzbekistan has signed the
Decree of the President No. 3832 “On measures for
the event of the digital economic system within the Republic of
Uzbekistan” dated 03.07.2018.
The Decree outlined an important duties:
- introduction and growth of actions within the subject of
crypto-asset turnover, together with mining (actions to take care of a
distribution platform and create new blocks with the flexibility to
obtain remuneration within the format of recent models and fee charges
in varied cryptocurrencies), good contracts (an digital
contract, the success of rights and obligations beneath which is
carried out by performing digital transactions robotically),
consulting, challenge, change, storage, distribution, administration,
insurance coverage, crowd-funding (collective financing), in addition to
blockchain applied sciences for the diversification of assorted types of
funding and entrepreneurial exercise; - creation of the mandatory authorized framework for the introduction
of blockchain applied sciences, making an allowance for one of the best practices
of international nations.
Important mechanisms to facilitate cryptocurrency transactions
have additionally been recognized as:
- Transactions of authorized entities and people associated to the
turnover of crypto belongings, together with these carried out by
non-residents, will not be topic to taxation, and the revenue acquired
from these transactions isn’t included within the tax base for taxes
and different necessary funds; - Currency transactions associated to the turnover of crypto-belongings
carried out by individuals who’ve acquired a license to hold out
actions within the subject of turnover of crypto belongings by the
established process will not be topic to the norms of the
laws on foreign money regulation.
After that, the Decree No.3832, the Decree No.3926
“On the organisation of the actions of
crypto-exchanges” dated 02.09.2018 was
later signed.
The Decree outlined the principle instructions:
- a crypto change is an organisation that gives an
digital platform for the change, buy, and sale of crypto
belongings; - a crypto asset is a set of information within the blockchain that has a
worth and an proprietor; - the actions associated to the turnover of crypto-belongings and
crypto exchanges will not be topic to the laws on securities
and change actions; - a license to function crypto-exchanges is issued completely to
international authorized entities by opening subsidiaries or different enterprises
on the territory of the Republic of Uzbekistan; - for the implementation of commercial mining (the usage of extra
than 100 kW/h), land plots are supplied with out an digital
public sale.
The actions carried out by the crypto change are
topic to licensing.
To receive a license, it’s essential:
a) to have a shaped authorised fund within the quantity of not less than
30,000 fundamental calculated quantity within the type of funds as of the date
of software submission (about 761,000 USD), of which 12,000
(about 305,000 USD) are reserved in a separate account with a
business financial institution of the Republic of Uzbekistan;
b) the presence of a functioning digital system of
crypto-change buying and selling hosted on servers positioned on the territory
of Uzbekistan, and meets the necessities supplied for in
the Regulation on the process for licensing the
actions of crypto-exchanges;
c) the existence of guidelines for crypto-change buying and selling, which
should essentially mirror:
- the process for admission to crypto-change buying and selling of
members; - measures aimed toward guaranteeing compliance with the necessities of
the laws on countering the legalization of proceeds from
felony actions, the financing of terrorism, and the financing
of the proliferation of weapons of mass destruction; - procedures for admission to circulation and exclusion from the
circulation of crypto belongings; - process for the implementation and registration of
transactions with crypto belongings; - the process for mutual settlements of members in
crypto-change buying and selling when concluding transactions; - the quantity of the charge for utilizing the providers of the crypto
change and the process for figuring out it; - measures to stop value manipulation on the crypto change
and the misuse of confidential info; - prohibition on the usage of crypto belongings for unlawful
functions;
d) the implementation of quotations for crypto belongings based mostly on
the ratio of provide and demand for them;
e) storage for five years of details about transactions with
purchasers’ crypto belongings, in addition to their identification information
and supplies on buyer relations, together with enterprise
correspondence.
Crypto-exchanges had been granted the correct to:
- obtain remuneration for the providers supplied, together with
crypto belongings, set its quantity and the process for charging
buying and selling members (purchasers); - organise change transactions with residents and non-residents
of the Republic of Uzbekistan aimed on the acquisition and (or)
alienation of crypto belongings for nationwide and international foreign money, as
effectively because the change of crypto belongings for different crypto belongings.
The turnover of crypto belongings and tokens was regulated with the
adoption of Order No.16 of the Director of the National
Agency for Project Management dated 21.01.2019, No.
3127, which authorised the Regulation on the process
for licensing the actions of crypto exchanges and the foundations for
conducting crypto-change buying and selling.
The guidelines for the implementation of crypto-change buying and selling gave
definitions to the principle ideas utilized in crypto-change
buying and selling:
blockchain is a distributed information registry in
which all information is written sequentially and distributed in blocks,
whereas every new block is linked to the earlier block by a
cryptographic signature;
a crypto asset is a set of information within the
blockchain that has a worth and an proprietor;
a crypto change is a corporation that
supplies an digital platform for the change, buy, and
sale of crypto belongings and tokens;
a token is a unit of accounting designed to
symbolize a digital steadiness sheet, performing the perform of a
“substitute for securities” within the digital world,
representing an entry within the register distributed within the
blockchain. The token is issued by a authorized entity or a person
entrepreneur (issuer) to draw funding and financing to the
exercise;
a stablecoin is a crypto asset whose worth is
tied to the asset of a authorized entity.
Under the Rules of crypto-change buying and selling, residents of
Uzbekistan can not purchase digital foreign money. They are solely allowed to
promote crypto belongings and tokens. This restriction doesn’t apply to
residents of different nations. They have the correct to purchase and promote
crypto belongings, topic to their necessary identification and the
conclusion of official contracts with them.
Any nameless transactions with cryptocurrency are prohibited in
Uzbekistan. Also, crypto-belongings can’t be used as a method of
cost on the territory of Uzbekistan. The authorised physique
regulating transactions with cryptocurrency is the National
Agency for Project Management beneath the President of Uzbekistan
(NAPU).
The content material of this text is meant to offer a normal
information to the subject material. Specialist recommendation needs to be sought
about your particular circumstances.
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