Sheena Khan
December 13, 2023
In a significant
development, on December 4, 2023, the Ministry of Finance (“Ministry”) announced
that 28 Virtual Digital Assets (VDAs) service providers have registered
themselves with the Financial Intelligence Unit-India (FIU-IND). To name
a few, the leading crypto-currency exchanges in India such as CoinSwitch, WazirX,
Unocoin, Zebpay, Coin DCX, etc. have registered with the FIU-IND to comply with
the Prevention of Money Laundering Act (“PMLA”).
By way of background, the
Ministry had issued a notification dated March 7, 2023 wherein the VDAs were brought
under the umbrella of the PMLA. The notification classified the entities
(engaged in the activities pertaining to VDAs) as ‘reporting entities’. The
reporting entities are further required to undertake certain compliances
inclusive of KYC rules, transaction related due diligence as well as compliance
to the PMLA (Maintenance of Record) Rules, 2005.
It is pertinent to mention that the Ministry has further extended the scope of Anti-Money Laundering (AML) and Countering of Financial Terrorism (CFT) guidelines (“AML and CFT guidelines”) to offshore exchanges servicing the Indian market making it a mandatory compliance. Non-compliance will lead to appropriate action against such exchanges.