The regulation of cryptocurrencies to combat money laundering: A South African perspective

Cryptocurrencies are not wholly regulated or recognised as legal tender in South Africa. This makes South Africa a prime breeding ground for criminals to launder money using cryptocurrencies. In February 2023, South Africa was grey listed by the Financial Action Task Force for not fully complying with their anti-money laundering standards. It is likely that the unregulated use of cryptocurrencies, which carry significant money laundering risks, could have contributed to the grey listing of South Africa. South Africa recently took steps towards regulating cryptocurrencies to combat money laundering as crypto assets were declared financial products for the purposes of the Financial Advisory and Intermediary Services Act 37 of 2002, and Crypto Asset Service Providers (CASPs) were included as accountable institutions for the purposes of the Financial Intelligence Centre Act 38 of 2001.

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Publication Details

Journal
South African Mercantile Law Journal
Published
2025-01-01
DOI
https://doi.org/10.47348/samlj/v37/i1a4
Primary Topic
Crime, Illicit Activities, and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

The regulation of cryptocurrencies to combat money laundering: A South African perspective

Rabia Hussain, Darren Subramanien, Legodi Thutse
South African Mercantile Law Journal
Crime, Illicit Activities, and Governance
article

The regulation of cryptocurrencies to combat money laundering: A South African perspective

Rabia Hussain, Darren Subramanien, Legodi Thutse
article en

Abstract

Cryptocurrencies are not wholly regulated or recognised as legal tender in South Africa. This makes South Africa a prime breeding ground for criminals to launder money using cryptocurrencies. In February 2023, South Africa was grey listed by the Financial Action Task Force for not fully complying with their anti-money laundering standards. It is likely that the unregulated use of cryptocurrencies, which carry significant money laundering risks, could have contributed to the grey listing of South Africa. South Africa recently took steps towards regulating cryptocurrencies to combat money laundering as crypto assets were declared financial products for the purposes of the Financial Advisory and Intermediary Services Act 37 of 2002, and Crypto Asset Service Providers (CASPs) were included as accountable institutions for the purposes of the Financial Intelligence Centre Act 38 of 2001.

South African Mercantile Law JournalVol. 37(1)
Openalex Percentile: Top 69%
Crime, Illicit Activities, and Governance
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The regulation of cryptocurrencies to combat money laundering: A South African perspective — Rabia Hussain, Darren Subramanien, et al. · South African Mercantile Law Journal (2025) | TGRS Research Map | TGRS