South Africa Enforces Crypto Exchange Licensing Requirements

November 15, 2023

2 minutes read

Crypto Exchange Licensing

The Financial Sector Conduct Authority (FSCA) today began enforcing a landmark licensing requirement for cryptocurrency exchanges in South Africa, becoming the first African nation to regulate the sector under a formal legal framework. This move, announced earlier this year, is intended to bring crypto exchanges under the same regulatory standards as traditional financial institutions, aiming to enhance consumer protections and combat fraud in digital asset trading.

Under this regulation, the FSCA requires all cryptocurrency platforms operating within South Africa to apply for licenses by November 30, 2023. Firms that fail to meet this deadline risk significant penalties, including fines up to 10 million rand (around $536,000), potential prison terms, or other enforcement actions. Since the FSCA opened its licensing process, over 20 firms have applied, and the regulator expects further applications by the deadline​.

The FSCA’s licensing framework is built upon the Financial Advisory and Intermediary Services (FAIS) Act, which assesses financial providers’ integrity, competency, and operational ability. FSCA Commissioner Unathi Kamlana emphasized that this regulatory structure aims to reduce financial harm to consumers while promoting market integrity. The FSCA has previously highlighted risks associated with crypto assets, citing recent large-scale frauds within South Africa’s crypto market, which have led to significant investor losses​.

By enforcing these standards, South Africa seeks to mitigate risks for crypto users while aligning with international regulatory practices. Platforms such as Luno and VALR, among the largest local exchanges, will be required to comply, marking a significant shift in the African crypto landscape.

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