• South Africa’s Financial Sector Conduct Authority (FSCA) has granted operating licenses to 59 cryptocurrency businesses.

• The authority received a total of 355 applications for crypto licenses, out of which 59 have been approved thus far.

• The journey towards full regulation is still underway, with many applications pending and continuous supervision required for licensed entities.

In a landmark move that signals a significant shift towards the formal regulation of the cryptocurrency sector in Africa’s most industrialized economy, South Africa’s Financial Sector Conduct Authority (FSCA) has granted operating licenses to 59 cryptocurrency businesses.

This decision marks a crucial step in the country’s efforts to embrace the burgeoning crypto market while ensuring the protection of its financial systems and its participants.

The FSCA’s Regulatory Framework

The FSCA’s move to approve these crypto licenses is not sudden but follows a deliberate path set in 2022 when the authority declared cryptocurrencies to be financial products. This classification necessitated a framework that mandates these assets to be regulated, aligning South Africa with global trends towards the regulation of digital currencies.

This pivotal decision was driven by the need to safeguard financial customers from the inherent risks associated with crypto transactions, including volatility and security concerns, as well as to curb the potential use of crypto assets for money laundering and terrorism financing.

South Africa’s road to crypto licenses

South Africa’s journey towards the regulation of cryptocurrencies has been a gradual and thoughtful process, evolving over several years to address the unique challenges and opportunities presented by this innovative asset class. Initially, before 2017, cryptocurrencies operated in an unregulated space within the country.

During this pre-regulation era, the South African Reserve Bank (SARB) began showing interest in blockchain, the technology underpinning cryptocurrencies, recognizing its potential impact on the financial sector.

The period between 2017 and 2020 marked the beginning of the country’s exploration into formal regulation. The South African government initiated collaborations with blockchain companies, aiming to develop a regulatory framework that balanced innovation with consumer protection.

Simultaneously, the SARB launched its FinTech program, which included evaluating the role of cryptocurrencies within the financial system. Additionally, the South African Revenue Service (SARS) made it clear that income from cryptocurrencies would be subject to taxation, further integrating crypto assets into the country’s economic fabric.

Between 2020 and 2022, regulatory efforts intensified. The Financial Sector Conduct Authority (FSCA) proposed that crypto assets should be classified as “financial products” under the Financial Advisory and Intermediary Services (FAIS) Act.

This classification necessitated that any entity offering cryptocurrency services must obtain a cryptocurrency license, thereby bringing them under regulatory oversight. Public consultations on this proposal were conducted, reflecting the government’s commitment to a transparent and inclusive regulatory process.

Meanwhile, the SARB began to explore the potential for a state-backed digital currency, while still permitting the experimentation with private cryptocurrencies under regulatory supervision.

The most significant development came in October 2022 when the FSCA officially recognized crypto assets as financial products. This pivotal decision meant that all cryptocurrency service providers in South Africa would need to be authorized and licensed by the end of 2023, signifying a major step towards the formal regulation of the crypto market.

This approach of adapting existing financial regulations to encompass cryptocurrencies, rather than creating a separate, crypto-specific law, underscores South Africa’s pragmatic and flexible approach to financial regulation. This strategy allows the country to safeguard investors and consumers while fostering innovation within the rapidly evolving digital currency landscape.

Aiming for Consumer Protection and Financial Integrity

The primary aim of these regulations is to protect consumers and ensure the integrity of the financial system. By bringing crypto assets under the regulatory purview, the FSCA seeks to mitigate the risks posed to consumers, who, in the absence of such measures, may be vulnerable to fraud and scams prevalent in the crypto space. Moreover, the regulation is crucial in preventing the use of cryptocurrencies in illegal activities by enhancing transparency and accountability in crypto transactions.

Enhanced Oversight by the Central Bank

One of the significant outcomes of this regulation is the bolstering of the South African Reserve Bank’s Financial Surveillance Department’s authority. With the new regulations in place, the department now has the explicit power to mandate that South African cryptocurrency trading platforms report their transactions.

This enhanced oversight is expected to bring greater transparency to the crypto market, making it more difficult for illicit activities to go undetected and ensuring compliance with international financial regulations.

Cryptocurrency Licensing and Supervision

Felicity Mabaso, a divisional executive at the FSCA, shed light on the cryptocurrency licensing process, revealing that the authority received a total of 355 applications, out of which 59 have been approved thus far.

The rest are still under review, indicating a rigorous vetting process to ensure that only entities that meet the stringent requirements set forth by the FSCA are granted crypto licenses. This vetting process is crucial in ensuring that licensed entities are capable of upholding the standards of transparency, security, and consumer protection mandated by the regulator.

The approval of these crypto licenses is just the beginning of what promises to be a comprehensive regulatory journey. Licensed service providers are set to be under continuous supervision to ensure ongoing compliance with regulatory standards. This ongoing supervision is critical in adapting to the evolving nature of the crypto market and addressing new challenges as they arise.

Crackdown on Unauthorized Crypto Activities

In addition to supervising licensed entities, the FSCA has also signalled its intention to clamp down on individuals and entities that offer crypto-related financial services without authorization.

This move is indicative of the regulator’s broader commitment to ensuring that the crypto market operates within the bounds of the law, safeguarding the financial system and its participants from the risks associated with unauthorized financial activities.

South Africa embracing the digital future

South Africa’s decision to approve 59 crypto licenses is a monumental step towards the regulated growth of the cryptocurrency sector within the country. By establishing a clear regulatory framework, the FSCA not only aims to protect consumers but also to integrate the crypto market into the country’s financial system responsibly.

This approach is expected to foster innovation, enhance investor confidence, and position South Africa as a leading player in the global cryptocurrency arena.

The journey towards full regulation is still underway, with many applications pending and continuous supervision required for licensed entities. However, the strides made thus far underscore South Africa’s commitment to embracing the digital future while ensuring the safety, security, and integrity of its financial system.

As the crypto market continues to evolve, the country’s crypto regulation will undoubtedly serve as a dynamic model that balances innovation with consumer protection and financial stability.