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Hong Kong Embraces European Standards for Crypto OTC Derivatives Trading

In a significant move towards regulating the cryptocurrency market, Hong Kong financial regulators have adopted European standards for crypto over-the-counter (OTC) derivatives trading. This decision comes as a result of the Hong Kong Monetary Authority (HKMA) and the Securities and Futures Commission (SFC) setting requirements that align with the European Securities and Markets Authority (ESMA) standards, including the use of Digital Token Identifiers (DTIs).

The plan, released on September 26, aims to harmonize OTC reporting requirements in Hong Kong with those of ESMA after analyzing responses to a consultation paper from March 2024. The proposal suggests the mandatory use of DTIs for CTO derivatives reporting, which is set to take effect on September 29, 2025. This move comes after receiving feedback from stakeholders in Hong Kong who recommended the use of DTIs to unambiguously identify crypto-asset underliers for OTC derivatives.

Stakeholders and investors in Hong Kong have expressed difficulties in categorizing OTC derivatives within the traditional asset classes, such as interest rates, foreign exchange, credit, commodities, and equities. As a result, regulators have decided to enforce reporting requirements to accommodate the use of DTIs, ensuring transparency and clarity in the evolving crypto market.

Implementation of Digital Token Identifiers

The decision to implement DTIs in reporting is in line with ESMA’s initiative, which began as early as October 2023. Currently, DTIs serve as the core reference point for crypto asset service providers across Europe, facilitating standardized reporting and enhancing regulatory oversight in the digital asset space.

“To support reporting entities in transitioning to UTI, they may continue to report the existing trade identifiers of Unique Swap Identifier (USI) and Unique Trade ID (TID) as per the current reporting requirements, or report the UTI voluntarily, until the implementation date,” stated the HKMA and SFC.

This strategic move not only aligns Hong Kong with international standards but also paves the way for cross-border collaboration with financial regulators from countries like Singapore, Australia, and Japan. The coordinated implementation plan for UTI in the Asia-Pacific (APAC) region aims to ensure a seamless adoption of DTIs in Hong Kong and enhance regulatory consistency across jurisdictions.

Exploring New Licensing Regulations for OTC Crypto Services

In a related development, the South China Morning Post reported on September 12 that Hong Kong Customs and Excise Department are considering collaborating with the local Securities and Futures Commission to explore new licensing regulations for OTC crypto services. Prior to this joint effort, the C&ED was solely responsible for regulating OTC services, while the SFC engaged with industry players to evaluate regulations for cryptocurrency custodian services.

The potential collaboration between the C&ED and SFC signifies a proactive approach towards strengthening regulatory oversight in the cryptocurrency market. By exploring new licensing regulations for OTC crypto services, Hong Kong aims to enhance investor protection, promote market integrity, and foster innovation in the digital asset space.

In conclusion, Hong Kong’s adoption of European standards for crypto OTC derivatives trading marks a significant milestone in the regulation of the cryptocurrency market. By implementing DTIs and aligning reporting requirements with international standards, Hong Kong demonstrates its commitment to fostering a transparent, efficient, and well-regulated digital asset ecosystem. The collaboration with regional financial regulators and the exploration of new licensing regulations for OTC crypto services underscore Hong Kong’s proactive approach towards enhancing regulatory oversight and promoting investor confidence in the evolving crypto market.