China supreme court revises Anti-Money Laundering law to include ‘virtual assets’

The Supreme People’s Procuratorate said the number of people prosecuted for money laundering has risen 20-fold since 2019.

China’s supreme court and public prosecutor have revised their interpretation of the country’s Anti-Money Laundering (AML) laws to recognize “virtual asset” transactions for the first time.

The country adopted its existing AML law on Jan. 1, 2007, making the latest revision its first significant update in almost two decades.

In an Aug. 19 conference, the Supreme People’s Court and the Supreme People’s Procuratorate said under their new interpretation of the law, “virtual asset” transactions are now listed as one of the recognized money laundering methods.

It comes amid recent speculation on X that the country could be looking to unban crypto soon — though many are skeptical about it.

According to the courts, the transfer and conversion of criminal proceeds through digital transactions will now be covered under regulations that prohibit “covering up and concealing the source and nature of criminal proceeds and their benefits by other means.”

Lawbreakers face penalties ranging from a minimum of 10,000 Chinese yuan ($1,400) to 200,000 yuan ($28,000) for more severe offenses. Offenders could also face jail terms of between five and 10 years.  

The other amendments include clearer guidelines around “serious circumstances” in money laundering cases, such as refusal to cooperate with authorities or if the amount being laundered is more than 5 million yuan ($700,000).

The Supreme People’s Procuratorate said that 2,971 people were prosecuted for money laundering in 2023, a 20-fold increase from 2019.

Debate whether China is unbanning crypto

It comes amid speculation from a few industry executives that China could be looking to reverse its crypto ban. 

In a now-deleted July 14 X post, Galaxy Digital CEO Mike Novogratz posted that he heard reports suggesting China is “likely to unban” Bitcoin (BTC) by late 2024.

On Aug. 19, Justin Sun, founder of Tron and crypto exchange HTX, added fuel to the fire after posting a throwaway comment on X asking what the best meme to suit China’s unbanning of crypto would be.

However, several experts have also thrown cold water on the idea. 

In July, Yifan He, CEO of major Chinese blockchain firm Red Date Technology, said he didn’t think China would ever allow its citizens to freely trade Bitcoin using local fiat currency.

Related: Crypto use in money laundering ‘far below’ cash — US Treasury

Mikko Ohtamaa, the co-founder of algorithmic investment protocol Trading Strategy, agreed, saying a u-turn from China on crypto would directly oppose the government’s political agenda.

The country implemented a ban on crypto exchanges in 2017 and an interdepartmental crackdown on crypto in 2021.

Qingdao police crackdown on $1.1 million USDT money laundering biz

According to a Chinese media report, Qingdao police are currently prosecuting a case involving a network caught using stablecoin Tether (USDT) to launder over 8 million yuan ($1.1 million) for criminal enterprises.

Officials allege the three primary individuals involved enlisted friends to use their business licenses and identification documents to open public accounts, which were used to receive money from criminals interested in laundering their ill-gotten gains.

The money was then converted into USDT and transferred back to criminals, with the money laundering syndicate receiving a commission for their efforts. Nine people are currently facing criminal charges and awaiting prosecution over the matter.

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