The Central Bank of Nigeria has changed its stance on crypto assets in the country and asked banks to disregard its earlier ban on crypto transactions.
This is according to a circular dated December 22, 2023,
with reference number FPR/DIR/PUB/CIR/002/003, and signed by the apex bank’s
Director, Financial Policy and Regulation Department, Haruna Mustafa.
The circular is titled ‘Circular to all Banks and other
Financial Institutions Guidelines on Operations of Bank Accounts for Virtual
Assets Service Providers (VASPS).’
The apex bank stated that current trends globally have shown
the need for crypto regulation.
It said, “The CBN, in February 2021 issued a circular restricting banks and other
financial institutions from operating accounts for cryptocurrency service
providers in view of the money laundering and terrorism financing (ML/TF) risks
and vulnerabilities inherent in their operations as well as the absence of
regulations and consumer protection measures.
“However, current trends globally have shown that there is a
need to regulate the activities of virtual assets service providers (VASPs)
which include cryptocurrencies and crypto assets. Following this development,
the Financial Action Task Force (FATF) in 2018 also updated its Recommendation
15 to require VASPS to be regulated to prevent misuse of virtual assets for
ML/TF/PF.
“Furthermore, Section 30 of the Money Laundering (Prevention
and Prohibition) Act, 2022 recognises VASPs as part of the definition of a
financial institution.
“In addition, the Securities and Exchange Commission in May
2022 issued Rules on Issuance, Offering and Custody of Digital Assets and VASPs
to provide a regulatory framework for their operations in Nigeria.
“In view of the foregoing, the CBN hereby issues this
guideline to provide guidance to financial institutions under its regulatory
purview in respect of their banking relationship with VASPs in Nigeria. “
The apex bank noted that this new guideline supersedes its
old ones referenced FPR/DIR/GEN/CIR/06/010 of January 12, 2017, and
BSD/DIR/PUB/LAB/014/001 of February 5, 2021 on the subject.
It also affirmed that banks and other financial institutions
are still prohibited from holding, trading and/or transacting in virtual
currencies on their own account.
It added all banks and other financial institutions are
required to immediately comply with its new guideline.
In its circular with reference number
BSD/DIR/PUB/LAB/014/001, dated February 5, 2021, the apex bank reminded banks
that dealing in crypto currencies or facilitating payments for cryptocurrency
exchanges was prohibited.
At the time, it asked banks to identify persons or entities
transacting in or operating crypto currency exchanges within their systems and
ensure that their accounts were closed.