The Central Bank of the United Arab Emirates (CBUAE) and other regulatory bodies in the country have released new joint guidance for virtual asset service providers (VASPs) operating within the UAE. These guidelines include penalties for VASPs operating without proper licenses in the jurisdiction, reinforcing the country's commitment to combating financial crimes and ensuring the integrity of its financial system.

Suspicious Activities: UAE's New VASP Guidelines

On November 6, the National Anti-Money Laundering and Combating Financing of Terrorism and Financing of Illegal Organizations Committee (NAMLCFTC) and the CBUAE jointly published a list of "Red Flags" for VASPs. These flags are indicators that help identify suspicious parties and include a lack of regulatory licenses, making unrealistic promises, poor communication, and a failure to provide regulatory disclosure.

According to the new guidance, supervisory authorities expect all licensed financial institutions (LFIs), designated non-financial businesses and professions (DNFBPs), and licensed VASPs to report transactions involving suspicious parties. The guidance emphasizes that information related to unlicensed virtual asset activities can be reported through whistleblowing mechanisms.

The document also outlines the consequences for VASPs operating in the UAE without a valid license. They will face civil and criminal penalties, including financial sanctions against the entity, its owners, and senior managers. Furthermore, the guidance warns that LFIs, DNFBPs, and licensed VASPs that engage with unlicensed VASPs will be subject to law enforcement actions.

The National Anti-Money Laundering and Combating Financing of Terrorism and Financing of Illegal Organisations Committee (NAMLCFTC), in collaboration with UAE supervisors, has issued guidance on combating the use of unlicensed virtual asset service providers, which is prepared by…

— Central Bank of the UAE (@centralbankuae) November 6, 2023

Back in August, a release of the Finance Magnates Intelligence's Quarterly Industry Report provided an insight into how industry leaders are navigating the challenging regulatory landscape. Against this backdrop, the Middle East, notably Dubai, is emerging as a potential hub for the cryptocurrency industry.

The Digital Economy's Impact on AML and CTF Measures

Khaled Mohamed Balama, the Governor of the CBUAE and Chairman of the NAMLCFTC, stated that this new guidance is timely as digital assets become more accessible. He emphasized the importance of intensifying efforts to combat financial crimes as the digital economy matures, ensuring the integrity of the financial system in the UAE.

The release of these guidelines is part of an effort by the UAE to be removed from the Financial Action Task Force's (FATF) "grey list." The grey list indicates deficiencies in a country's Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) regimes.

The UAE was placed on the FATF's grey list in March 2022 due to AML and CTF deficiencies. However, the country made a commitment to work with the global watchdog to strengthen its regulatory frameworks in these areas. Legal expert Irina Heaver noted that the UAE has enacted reforms since its placement on the grey list. With updates to its AML and CTF regulations, there is a possibility that the UAE may exit the grey list following the next FATF review, expected in April or May 2024.