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ARTICLE · 27 OCTOBER 2021

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Cryptocurrency Cross-Border Arbitrage May Breach Exchange Control Regulations

With reference to recent articles discussing Standard Bank terminating accounts of several clients offering automated cryptocurrency arbitrage services, we highlight a few kew points on the matter in this post.

South AfricaTechnology

With reference to recent articles discussing Standard Bank terminating accounts of several clients offering automated cryptocurrency arbitrage services, we highlight a few kew points on the matter in this post.

The South African Reserve Bank's position is simple:

The Exchange Control Regulations prohibit transactions where capital or the right to capital is, without permission from National Treasury, directly or indirectly exported from South Africa. This includes transactions where an individual purchases crypto assets in South Africa and uses them to externalise 'any right to capital'. Contravening these regulations is a criminal offence.

The repatriation of value to South Africa through crypto assets is not permitted as part of an individual's single discretionary allowance and/or foreign capital allowance. This is because of the nature of the assets and because the transaction is currently not reportable on the FinSurv Reporting System.

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