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“AI will become sentient around the same time
that conference room A.V. works flawlessly every time” - Jeff Garzik
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Recent developments in the area of Fintech & DLT Gibraltar’s future in DLT/blockchain
Siân Jones
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The future's bright, the future's Orange
Created by WRCS for Orange Personal Communications Services Ltd 07 December 2018
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2015: Cryptocurrency working group 2 reports
2016: GFSC charged with developing regulations Q4 2016: Expanded to distributed ledger technology Q2 2017: Consultation paper published October 2017: DLT Regulations became law 1 January 2018: DLT Regulations came into force History of DLT in Gibraltar 07 December 2018
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Pioneering method for regulating businesses that use a nascent, evolving technology
07 December 2018
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NOT soft or light-touch regulation Just as robust
Purpose-designed Outcomes-focused Principles-based NOT soft or light-touch regulation Just as robust Regulated to same standard as other financial services businesses Appropriate, proportionate & relevant New type of financial services regulation Applied on a case-by-case basis 07 December 2018
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Carrying on by way of business, in or from Gibraltar, the use of distributed ledger technology for storing or transmitting value belonging to others 07 December 2018
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Outcomes Protect consumers Protect Gibraltar’s reputation
Good for Gibraltar’s economy 07 December 2018
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Nine principles Honesty & integrity Fairness Resources
Systems & controls Protection of customer assets Corporate governance Systems & security Financial crime Orderly & solvent wind-down THE REGULATORY PRINCIPLES 1. A DLT Provider must conduct its business with honesty and integrity. 2. A DLT Provider must pay due regard to the interests and needs of each and all its customers and must communicate with them in a way that is fair, clear and not misleading. 3. A DLT Provider must maintain adequate financial and non-financial resources. 4. A DLT Provider must manage and control its business effectively, and conduct its business with due skill, care and diligence; including having proper regard to risks to its business and customers. 5. A DLT Provider must have effective arrangements in place for the protection of customer assets and money when it is responsible for them. 6. A DLT Provider must have effective corporate governance arrangements. 7. A DLT Provider must ensure that all of its systems and security access protocols are maintained to appropriate high standards. 8. A DLT Provider must have systems in place to prevent, detect and disclose financial crime risks such as money laundering and terrorist financing. 9. A DLT Provider must be resilient and have contingency arrangements for the orderly and solvent wind down of its business. 07 December 2018
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Broad range of use cases & business models
∼30 applicants Broad range of use cases & business models ∼50% currently having applications assessed Expecting to grant first licences: Summer 2018 07 December 2018
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I C O Initial Coin Offering 07 December 2018
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Offering of tokenised digital assets to the public
Public token offering Means of raising finance Typically by early-stage startups Without issuing securities Now being using for later-stage financing … and by established enterprises Largest ICO to date raised $4bn 07 December 2018
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September 2017: Public statement December 2017: Discussion paper
Use of PTOs exploded in 2017 September 2017: Public statement December 2017: Discussion paper February 2018: Press release March 2018: Policy document March 2018: Added to Proceeds of Crime Act Q2 2018: Expected legislation 07 December 2018
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Token regulations Complement DLT Regulations
Primary market promotion, sale & distribution Secondary market conduct Investment & ancillary services 07 December 2018
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The future's bright, the future’s DLT
07 December 2018
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The future's bright, the future’s red and white
07 December 2018
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