VASP registration and supervision framework under the 2022 Act; BVI FSC oversight
The British Virgin Islands (BVI) has established a comprehensive regulatory and supervisory framework for virtual assets, primarily overseen by the British Virgin Islands Financial Services Commission (BVI FSC). This framework is anchored by the Virtual Assets Service Providers Act, 2022.
Under this regime, entities providing virtual asset services, including custody, exchange, transfer, or participation in financial services related to virtual assets, are mandated to register with the BVI FSC. Earlier guidance from 2020 also clarified licensing requirements for various virtual asset activities, distinguishing between utility and investment-type digital assets.
The regulatory environment places a strong emphasis on anti-money laundering (AML) and counter-terrorist financing (CFT) measures, with recent amendments expanding definitions for virtual assets and beneficial ownership, and including VASPs within the scope of relevant businesses. Additionally, VASPs are subject to prudential and statistical reporting requirements and must ensure that controllers meet fit and proper criteria.
The BVI's direction indicates a continuous strengthening of its regulatory posture, aiming for robust oversight, enhanced transparency, and compliance with international standards for virtual asset activities.
Virtual Assets Service Providers Act (2022)
Establishes a comprehensive registration and supervision framework for Virtual Asset Service Providers (VASPs) operating within the jurisdiction.
[3]Proceeds of Criminal Conduct (Amendment) Act (2021)
Amends the principal Act by expanding the definition of property to include virtual assets and introducing new definitions for money laundering and terrorist financing.
[5]Anti-money Laundering (Amendment) Regulations (2022)
Amends the principal Regulations by introducing comprehensive definitions for virtual assets and beneficial ownership, and expanding the scope of relevant businesses to include VASPs.
[6]Virgin Islands Regulatory (Amendment) Code (2023)
Updates the principal Regulatory Code by introducing new definitions for 'controller' and 'controlling interest' and refining 'significant interest' to enhance fit and proper assessments.
[2]Financial Services (Prudential and Statistical Returns) (Amendment) Order (2024)
Amends the principal Order to require Virtual Asset Service Providers registered under the VASP Act to submit prudential and statistical returns.
[1]Guidance on Regulation of Virtual Assets in the Virgin Islands (2020)
Clarifies licensing requirements for virtual asset activities under existing financial services legislation, distinguishing utility tokens from investment-type digital assets.
[4]Virtual Asset Service Providers are subject to anti-money laundering (AML) and counter-terrorist financing (CFT) regulations, including expanded definitions for virtual assets and beneficial ownership. They must also comply with prudential and statistical reporting requirements and meet fit and proper criteria for controllers.
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