EU Crypto Countdown: Will New Regulations Spark a Regulatory Scramble in Emerging Markets?

In June 2023, the European Union’s Market in Crypto-Assets Regulation (MiCA) was agreed upon, and the timeline for implementation of different phases was released. This regulation marks a momentous period for cryptocurrency regulation, not only in Europe but around the world. The impact this would have within the EU market is attracting a lot of interest, but the ripple effect this would have on emerging markets is even more interesting.

We will look into the potential regulatory scramble that the MiCA regulation might spark, and the way it could incite the emerging markets to speed up efforts to set their crypto standard.

Emerging Markets: Frontrunners in Crypto Adoption

An emerging market is a developing nation that is getting more involved with the global market as the nation develops. These emerging markets have been at the forefront of crypto adoption because of various factors:

• Financial Inclusion: Conventional financial institutions are known to exclude a considerable number of people in their coverage in emerging markets. This is due to over-centralization, rigid process, access, etc. Cryptocurrency has given these people options of flexibility, decentralization, and accessibility. Small transactions, remittances, and saving alternatives are what cryptocurrency is to them. 
• Currency Instability: A lot of emerging markets deal with the problems of inflation and currency instability. Many people in these places use stablecoins that are pegged to the dollar (ẹ.g Tether) to save the value of their money and beat the fluctuations. 
• Tech-oriented Population: Many emerging markets have a young population that is receptive to technological solutions, whether in finance or other sectors. 

However, the adoption growth in these markets is moving faster than the regulatory architecture on the ground. Governments are struggling to manage this ingenious but volatile asset. 

MiCA: A Potential Template for Emerging Markets

MiCA is one of the most comprehensive crypto regulations to date. It extensively makes provision for the most important aspects like:

• Issuance Regulation: MiCA makes provision for issuance regulation by establishing the framework for the issuance and approval of new cryptocurrencies, including Initial Coin Offerings (ICOs)
• Trading and Custody Regulation: MiCA establishes a set of standards that the Crypto exchange platforms and Custodians must follow, to ensure integrity and customer protection. 
• Know Your Customer (KYC) and Anti Money Laundering (AML) Measures: MiCA blends KYC and AML requirements to encourage transparency and prevent crypto from being used for financial crimes. 

Establishing clear and concise frameworks in these important areas makes MiCA a potential template that emerging markets can build their regulation upon. Regulating a fast-growing financial technology like crypto is complex, building on an established template could be beneficial. 

Two Potential Scenarios for Emerging Markets

It was mentioned earlier that MiCA would have a ripple effect on emerging markets. Now let’s look at the two main responses that the regulation could trigger in emerging markets. 

1. Regulatory Scramble

When MiCA comes into full effect in December 2024, it could force some of the emerging markets to accelerate their regulations. This could be because of the fear of being left behind and creating regulatory uncertainties for investors. This scramble could lead to creating a shabby regulation that will cause a lot of problems for businesses in the country. 

The scramble can also lead to creating a distinct regulation that encourages calculated experimentation and, therefore, fast-track innovation. 

2. Coordinated Approach

A better approach to the MiCA regulation by emerging markets would be a collaborative effort to build on the groundwork laid by MiCA. The collaborative effort could involve organizations across countries, crypto stakeholders, and financial institutions to arrive at a common standard for crypto regulation. 

A coordinated approach could create a more transparent and stable regulatory environment for businesses and investors. The major challenge is the difference in political and economic ideologies across different regions and countries. This could frustrate collaborative efforts. 

Challenges and Opportunities with Regulation

The way forward from here for emerging markets is still unknown. One thing is clear, MiCA coming into effect will spark acute activities in those regions. Governments, financial institutions, and the crypto industry need to find a balance between encouraging innovation and mitigating risks. 

CHALLENGES

• A changing regulatory environment is complex for businesses and investors.
• The fast pace of the market might make it difficult for emerging markets to keep up by adapting their infrastructure and framework. 
• Cryptocurrency regulation is new territory for a lot, and many emerging markets don’t have expertise for it. 

OPPORTUNITIES

Clear regulations can:

• Attract investment
• Promote responsible business practices
• Protect customers
• Encourage trust in cryptocurrency

MiCA Criticisms

While MiCA looks like a step forward in terms of crypto regulation, it is not perfect. The regulation has received some justified criticisms. Let’s look at some.

• Stifling innovation: Article 68 of the regulation has been criticized for potentially stifling the development and adoption of Cryptocurrency (that is meant to be a privacy-focused innovation). Features like built-in anonymization, make these currencies offer enhanced user privacy and security. Article 68’s requirement for identification by authorized Crypto-Asset Service Providers (CASPs) could limit the capability of these currencies where the regulation is in place. 
• Overly Complex Framework: As we commend the comprehensive nature of the regulation, the volume of the framework has been criticized as well. It contains 166 pages, 119 recitals, 9 titles, 149 articles, and 6 annexes. Implementing such a voluminous and comprehensive framework could be resource-intensive for some emerging markets. 

Addressing these issues will be important as the EU refines its regulatory approach and emerging markets build theirs. Finding a balance between encouraging innovation, mitigating risks, and maintaining a manageable regulatory structure is key to creating a sustainable future for the market.

With MiCA establishing a framework for crypto transactions and service providers within the EU, online gambling platforms that accept crypto deposits and wagers will need to comply with these regulations. Here’s what some crypto gambling news and information sites, like CryptoCasinos.com, are saying about the potential impact:

• Increased Scrutiny: Crypto gambling platforms operating in the EU or targeting EU residents may face stricter AML/KYC requirements. This could significantly impact the anonymity preferences of some players who favor crypto transactions for privacy reasons.
• Potential Market Segmentation: Depending on how emerging markets adopt regulations similar to MiCA, crypto gambling platforms might need to adapt their services and offerings to cater to specific regulatory environments. This could lead to a more fragmented market for crypto gambling services.

Conclusion

The EU’s MiCA regulation has ignited a global conversation about the future of cryptocurrency regulation. Emerging markets are positioned to play a crucial role in shaping this conversation. Whether they choose a “regulatory scramble” or a coordinated approach, their response will have a significant impact on the global crypto market. By embracing innovation while managing risks, emerging markets can harness the potential of cryptocurrencies to foster financial inclusion, drive economic growth, and create a more inclusive and accessible financial system for all.