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China’s money-laundering crackdown needs ‘urgent’ plan to recover illicit digital assets

Growth of virtual currencies such as bitcoin and ether used in crimes has been ‘phenomenal’, law professor says

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The amount of virtual currencies involved in criminal cases rose sharply to 430.72 billion yuan (US$60.5 billion) in 2023, according to the Beijing-based Safeis. Photos: Reuters
Amanda Lee

China needs to “urgently” standardise ways to recover billions of yuan worth of funds from confiscated digital assets, according to a legal expert, following last month’s revision of laws targeting money laundering using virtual currencies.

In an article published on Tuesday in the People’s Court Daily, a publication owned by the Supreme People’s Court in China, Yang Kai, a professor with the East China University of Political Science and Law, said law enforcement authorities faced difficulties in safely recuperating virtual currencies as part of criminal cases.

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Yang’s comments came after the Supreme People’s Court and the Supreme People’s Procuratorate revised laws last month to include cryptocurrencies, online game coins and tipping during live streaming as channels of money laundering.

The revision would help China to bolster a crackdown on illegal activities and address cryptocurrency-related risks, a measure that would also align its practices with global standards as it faces stricter international scrutiny.

China does not recognise virtual currencies as legal tender and strictly prohibits their circulation in the market.

Digital currencies also cannot be auctioned or sold like other types of assets as it would violate Chinese laws and regulations, Yang added.

Legalising disposal of virtual currency is urgently needed
Yang Kai, East China University of Political Science and Law

This means, to liquidate digital assets, law enforcement authorities would often have to go through third party companies and overseas entities, which carries compliance risks, Yang said.

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“Although the law enforcement have tried a variety of disposal methods, due to the lack of unified standards, the implementation varies greatly from place to place,” he added.

“A large amount of virtual currencies has been sealed off and cannot be converted into liquid funds, affecting the normal operation of economic activities. Therefore, legalising disposal of virtual currency is urgently needed.”

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