Overview of Kazakhstan’s Crypto Regulation
Last updated: 12 November 2024
Kazakhstan presents a unique approach to crypto regulation, characterised by a bifurcated framework that separates national regulations from the specialised legal regime of the Astana International Financial Centre (AIFC). Kazakhstan’s crypto regulatory environment is divided into two distinct frameworks:
- National Regulation: The nationwide regulation is encapsulated in the Law on Digital Assets in the Republic of Kazakhstan, 2023. This legislation lays the foundation for the legal treatment of digital assets across Kazakhstan, requiring entities to obtain permission to issue the types of tokens allowed in the country.
- AIFC Regulation: The AIFC operates under a legal framework inspired by the laws of England and Wales, tailored to foster a robust environment for financial services related to digital assets. The AIFC’s regulations are designed to attract global financial activities by offering a well-regulated and transparent regime, with specific provisions for digital assets, including both secured and unsecured digital tokens.
This dual structure provides a comprehensive landscape for the handling, issuance, and exchange of digital assets within the country.
Why Choose Kazakhstan: Insights From D&A Partners
Why Choose Kazakhstan?
Kazakhstan’s approach, particularly the innovative environment of the AIFC, offers a compelling jurisdiction for crypto businesses. The structured regulatory framework, coupled with the AIFC’s efforts to streamline banking for VASPs, provides fertile ground for digital asset ventures looking for a regulated, yet dynamic, ecosystem.
Practical Considerations for Businesses
For businesses and investors navigating Kazakhstan’s crypto asset sector, consider the following practical tips:
- VASPs Operations: Understand that VASPs are permitted to operate only within the AIFC jurisdiction. This exclusivity makes the AIFC an essential hub for businesses looking to provide virtual asset services in or from Kazakhstan. Ensure your VASP activities are aligned with AIFC regulations and capitalise on the specialised ecosystem it offers.
- Innovative Banking Guidelines for VASPs: A standout feature of the AIFC is its issuance of guidelines to facilitate Virtual Asset Service Providers in opening bank accounts with local banks.
What’s Inside the Report?
Our comprehensive report delves into Kazakhstan’s regulatory framework for crypto assets, highlighting:
1. Business Analysis
The report delves deeper into Kazakhstan’s crypto asset regulatory framework, providing a comprehensive guide for crypto businesses. It examines essential aspects, such as
- Licensing Procedures: A detailed exploration of the procedural landscape for obtaining licenses for crypto-related activities. Our insights are enriched by firsthand experiences with the application process and associated requirements.
- Banking for VASPs: Insights into the AIFC’s pioneering efforts to facilitate Virtual Asset Service Providers’ (VASPs) banking relationships. We offer a unique perspective on overcoming common challenges in banking access for crypto businesses.
- Mining Regulation: Examination of the regulatory frameworks for crypto mining companies in Kazakhstan, including the licensing process and operational compliance within the country’s jurisdiction.
2. Compliance Guidance
Emphasising the importance of thorough preparation and compliance, the report offers detailed insights into compliance requirements, such as
- AML Regulations: Insights into AML and compliance frameworks, highlighting the importance of adherence to both national and international standards in the prevention of financial crimes.
- Taxation: Overview of taxation and financial planning considerations for crypto businesses operating within the jurisdiction, reflecting the need for strategic operational structuring.
3. Launch Roadmaps
Actionable steps and up-to-date strategies for establishing and operating your crypto project in Kazakhstan’s regulatory environment, ensuring a smooth and compliant launch.
4. Expert Insights
Perspectives from industry experts with a deep understanding of global regulatory environments, offering guidance to navigate the complexities of Kazakhstan’s crypto regulations.
Kazakhstan Regulatory Framework
Digital Asset Service Providers: Licensing
Kazakhstan’s bipartite regulatory environment for digital assets includes the following key aspects:
- AIFC Regulation: Digital Asset Service Providers are allowed only in AIFC.
- Minimal Capital Requirements: Varying from $10,000 to $250,000 based on the nature of the activity, these requirements ensure that entities are financially robust.
- Crypto Exchanges: Operating within the AIFC involves stringent licensing protocols, including an authorisation fee of $70,000 and an annual fee of $35,000, overseen by the Astana Financial Services Authority (AFSA).
Digital Assets
In Kazakhstan, digital assets are classified into two types: secured and unsecured. The issuance and circulation of unsecured digital assets are prohibited throughout the Republic of Kazakhstan, except within the AIFC territory. Conversely, the issuance of digital assets in the AIFC remains unregulated.
Crypto Mining
Crypto mining in Kazakhstan is regulated and licensed, with the country offering two distinct types of licences. However, the AIFC does not provide special rules for mining activities within its jurisdiction.
Decentralised Autonomous Organisations
Kazakhstan has yet to introduce regulation specifically addressing DAOs, indicating an area of potential future development.
Sources
- Law on digital assets in the Republic of Kazakhstan, 2023
- AIFC Rules on Digital Asset Activities (DAA)
Need Help?
At D&A Partners, we specialise in navigating the complexities of crypto regulations worldwide. With extensive experience in establishing and operating FinTech ventures, issuing digital tokens, and executing crypto transactions, we bring deep insights into Kazakhstan’s crypto regulatory landscape.
Whether you're planning to set up your crypto business, need guidance on compliance, or wish to explore opportunities in Kazakhstan’s crypto market, our team is here to assist.
To schedule a consultation or learn more about how we can support your crypto venture, contact us at [email protected]. Let us help you turn challenges into opportunities.
Overview of Kazakhstan’s Crypto Regulation
Last updated: 12 November 2024
Kazakhstan presents a unique approach to crypto regulation, characterised by a bifurcated framework that separates national regulations from the specialised legal regime of the Astana International Financial Centre (AIFC). Kazakhstan’s crypto regulatory environment is divided into two distinct frameworks:
- National Regulation: The nationwide regulation is encapsulated in the Law on Digital Assets in the Republic of Kazakhstan, 2023. This legislation lays the foundation for the legal treatment of digital assets across Kazakhstan, requiring entities to obtain permission to issue the types of tokens allowed in the country.
- AIFC Regulation: The AIFC operates under a legal framework inspired by the laws of England and Wales, tailored to foster a robust environment for financial services related to digital assets. The AIFC’s regulations are designed to attract global financial activities by offering a well-regulated and transparent regime, with specific provisions for digital assets, including both secured and unsecured digital tokens.
This dual structure provides a comprehensive landscape for the handling, issuance, and exchange of digital assets within the country.
Why Choose Kazakhstan: Insights From D&A Partners
Why Choose Kazakhstan?
Kazakhstan’s approach, particularly the innovative environment of the AIFC, offers a compelling jurisdiction for crypto businesses. The structured regulatory framework, coupled with the AIFC’s efforts to streamline banking for VASPs, provides fertile ground for digital asset ventures looking for a regulated, yet dynamic, ecosystem.
Practical Considerations for Businesses
For businesses and investors navigating Kazakhstan’s crypto asset sector, consider the following practical tips:
- VASPs Operations: Understand that VASPs are permitted to operate only within the AIFC jurisdiction. This exclusivity makes the AIFC an essential hub for businesses looking to provide virtual asset services in or from Kazakhstan. Ensure your VASP activities are aligned with AIFC regulations and capitalise on the specialised ecosystem it offers.
- Innovative Banking Guidelines for VASPs: A standout feature of the AIFC is its issuance of guidelines to facilitate Virtual Asset Service Providers in opening bank accounts with local banks.
What’s Inside the Report?
Our comprehensive report delves into Kazakhstan’s regulatory framework for crypto assets, highlighting:
1. Business Analysis
The report delves deeper into Kazakhstan’s crypto asset regulatory framework, providing a comprehensive guide for crypto businesses. It examines essential aspects, such as
- Licensing Procedures: A detailed exploration of the procedural landscape for obtaining licenses for crypto-related activities. Our insights are enriched by firsthand experiences with the application process and associated requirements.
- Banking for VASPs: Insights into the AIFC’s pioneering efforts to facilitate Virtual Asset Service Providers’ (VASPs) banking relationships. We offer a unique perspective on overcoming common challenges in banking access for crypto businesses.
- Mining Regulation: Examination of the regulatory frameworks for crypto mining companies in Kazakhstan, including the licensing process and operational compliance within the country’s jurisdiction.
2. Compliance Guidance
Emphasising the importance of thorough preparation and compliance, the report offers detailed insights into compliance requirements, such as
- AML Regulations: Insights into AML and compliance frameworks, highlighting the importance of adherence to both national and international standards in the prevention of financial crimes.
- Taxation: Overview of taxation and financial planning considerations for crypto businesses operating within the jurisdiction, reflecting the need for strategic operational structuring.
3. Launch Roadmaps
Actionable steps and up-to-date strategies for establishing and operating your crypto project in Kazakhstan’s regulatory environment, ensuring a smooth and compliant launch.
4. Expert Insights
Perspectives from industry experts with a deep understanding of global regulatory environments, offering guidance to navigate the complexities of Kazakhstan’s crypto regulations.
Kazakhstan Regulatory Framework
Digital Asset Service Providers: Licensing
Kazakhstan’s bipartite regulatory environment for digital assets includes the following key aspects:
- AIFC Regulation: Digital Asset Service Providers are allowed only in AIFC.
- Minimal Capital Requirements: Varying from $10,000 to $250,000 based on the nature of the activity, these requirements ensure that entities are financially robust.
- Crypto Exchanges: Operating within the AIFC involves stringent licensing protocols, including an authorisation fee of $70,000 and an annual fee of $35,000, overseen by the Astana Financial Services Authority (AFSA).
Digital Assets
In Kazakhstan, digital assets are classified into two types: secured and unsecured. The issuance and circulation of unsecured digital assets are prohibited throughout the Republic of Kazakhstan, except within the AIFC territory. Conversely, the issuance of digital assets in the AIFC remains unregulated.
Crypto Mining
Crypto mining in Kazakhstan is regulated and licensed, with the country offering two distinct types of licences. However, the AIFC does not provide special rules for mining activities within its jurisdiction.
Decentralised Autonomous Organisations
Kazakhstan has yet to introduce regulation specifically addressing DAOs, indicating an area of potential future development.
Sources
- Law on digital assets in the Republic of Kazakhstan, 2023
- AIFC Rules on Digital Asset Activities (DAA)
Need Help?
At D&A Partners, we specialise in navigating the complexities of crypto regulations worldwide. With extensive experience in establishing and operating FinTech ventures, issuing digital tokens, and executing crypto transactions, we bring deep insights into Kazakhstan’s crypto regulatory landscape.
Whether you're planning to set up your crypto business, need guidance on compliance, or wish to explore opportunities in Kazakhstan’s crypto market, our team is here to assist.
To schedule a consultation or learn more about how we can support your crypto venture, contact us at [email protected]. Let us help you turn challenges into opportunities.