My Suggestions for MAS’s Proposed DTSPs Framework

On Oct 28, 2024

Singapore has consistently positioned itself as a
forward-thinking jurisdiction, balancing innovation with robust regulatory
oversight. As a fellow Singaporean, I am very proud of its future planning.

The Monetary Authority of Singapore (MAS) is seeking submissions for the Consultation Paper on the proposed regulatory approach for
Digital Token Service Providers (DTSPs) under the Financial Services and
Markets Act 2022.

Instead of replying to the submission directly, I will
try to share my point of view openly here, offering insights, potential plans,
and timelines for implementation. Before I start, I am sharing this in my
personal capacity: I do not represent any self-claimed digital assets expert
groups, associations, or schools.

License Application and Fee
Structures

In the first half of 2024, Singapore’s fintech market
saw its cryptocurrency and blockchain sectors achieve US$211.90 million across
72 deals, marking a 22% increase from US$166.30 million over 38 deals in
the second half of 2023.

Singapore has been actively working on strengthening
risk management frameworks for digital asset tokenization and has recently
launched an initiative to expand asset tokenization within financial services.

MAS today published business conduct and consumer access measures for Digital Payment Token services in Singapore to limit potential consumer harm. They will be implemented through regulations and guidelines, which will take effect in phases from mid-2024. https://t.co/laevvAlW0a pic.twitter.com/kxBLRQG0az
— MAS (@MAS_sg) November 23, 2023

The proposed license application processes and fee
structures are crucial elements that will shape the DTSP landscape in
Singapore. From my perspective, MAS should consider implementing a tiered
approach to both timelines and fees, reflecting the diversity of DTSPs in terms
of size, complexity, and risk profile.

For timelines, I propose a three-tier system:

Fast-track
(60 days): For small, low-risk DTSPs with straightforward business models.

Standard
(90 days): For medium-sized DTSPs or those with moderately complex operations.

Extended
(120+ days): For large, complex DTSPs or those proposing novel business models.

This tiered approach would allow MAS to allocate
resources efficiently while ensuring thorough vetting of more complex
applications. The fee structures can follow a similar tiered system based on
the DTSP’s annual revenue or transaction volume could be implemented.

Singapore expands regulations for digital payment token service providers https://t.co/xbJBsBSjHz
— The Register (@TheRegister) April 3, 2024

Minimum Financial Requirements

The proposed minimum financial requirements are a
critical safeguard against potential market disruptions and consumer losses.
Based on my analysis, I believe a risk-based approach to setting these
requirements is more feasible. This could involve:

Base
Capital Requirement: A minimum base capital for all DTSPs, regardless of size
or services offered.

Risk-Weighted
Capital Requirement: Additional capital requirements based on the DTSP’s types of services offered, transaction volumes, and risk profile.

Liquidity
Requirement: A minimum liquidity ratio to ensure DTSPs can meet short-term
obligations.

📣 #ESMA is seeking input on Liquidity Management Tools for funds under the revised AIFMD and the #UCITS Directive.
🗓️ Send your input by 8 Octoberhttps://t.co/LxNEEX7i2O pic.twitter.com/6G2K4CVVim
— ESMA – EU Securities Markets Regulator 🇪🇺 (@ESMAComms) July 8, 2024

Specifically, providers with capital
ratios above 15% were 30% less likely to face operational disruptions during
periods of extreme market stress. I propose that MAS consider setting the base
capital requirement at SGD 250,000, with additional risk-weighted requirements
that could increase this amount up to SGD 5 million for the largest and most
complex DTSPs.

Audit
Requirements

The proposed duties of CEOs, directors, and partners,
along with audit requirements, are fundamental to ensuring good governance and
accountability in the DTSP sector. The following enhancement is recommended for
consideration:

Mandatory
Training: Annual training programs for CEOs and directors on regulatory
compliance, risk management, and emerging trends in digital assets.

Risk
Committee: DTSPs above a certain size must establish a dedicated
risk committee at the board level.

Independent
Directors: Mandating a minimum number of independent directors based on the
DTSP’s size and complexity.

Audit
Frequency: Annual external audits for all DTSPs, with additional quarterly
internal audits for larger providers.

Financial markets are shifting towards asset tokenization, revolutionizing asset management and investment.#Chainlink emphasizes interoperability and data integration, echoing #TokenFi‘s vision of a future where tokenized assets reshape finance.
📰👇https://t.co/87Qp3ufa3X pic.twitter.com/BGSfD8E2ss
— TokenFi (@tokenfi) April 26, 2024

Regulators are increasingly leveraging technological solutions to
enhance their supervisory functions and manage vast amounts of data.
Consequently, firms must engage more frequently with regulators regarding
fintech and regtech developments.

Fintech companies that implement robust governance
structures and conduct regular audits are indeed less likely to experience
compliance breaches.

AML/CFT Measures

The measures proposed in parts 5–8 of the consultation
paper, particularly those related to Anti-Money Laundering (AML) and Countering
the Financing of Terrorism (CFT), are crucial for maintaining the integrity of
Singapore’s financial system. I propose the following enhancements:

Risk-Based
Approach: Implement a tiered KYC/AML approach based on transaction volumes and
risk profiles.

Technology
Integration: Encourage the use of AI and machine learning for transaction
monitoring and suspicious activity detection.

Regulatory
Technology (RegTech) Sandbox: Establish a sandbox environment for DTSPs to test
innovative compliance solutions.

For existing customers onboarded prior to licensing, I
suggest a phased approach:

Phase 1
(0–6 months): Risk assessment of existing customer base

Phase 2
(6–12 months): Enhanced due diligence for high-risk customers

Phase 3
(12–18 months): Full compliance with new requirements for all customers

Correspondent Account Services

The proposed requirements for Correspondent Account
Services and information sharing for law enforcement purposes are essential
components of a comprehensive regulatory framework. Perhaps the following
would help:

Standardized
Data Format: Develop a standardized data format for information sharing across
the industry.

Blockchain
Analytics: Encourage the use of blockchain analytics tools to enhance
transaction traceability.

Secure
Information Sharing Platform: Establish a secure, centralized platform for
information sharing between DTSPs and law enforcement agencies.

Blockchain analytics tools have been instrumental in
recovering stolen or illicitly obtained digital assets worldwide. They allow law
enforcement agencies to trace and identify suspicious cryptocurrency
transactions on the blockchain