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Analysis of the current situation of encryption in Japan: regulatory intervention too early, and competitiveness not as good as Hong Kong and Singapo

Analysis of the current situation of encryption in Japan: regulatory intervention too early, and competitiveness not as good as Hong Kong and Singapo

BlockBeats2024/07/01 12:31
By:BlockBeats
Original title: State of the Japanese Crypto Market
Original author: Rick Maeda
Original translation: TechFlow


Summary


· Despite Japan’s early adoption of cryptocurrency, its development has been rocky due to two of the largest crypto exchange hacks in history.


· These events forced Japan’s regulators to step in earlier than other countries, providing a clear regulatory framework for the industry.


· However, strict regulations and high tax rates make Japan less competitive than its neighbors such as Singapore and Hong Kong.


· With low transaction volumes and a lackluster domestic startup environment, Japan faces many challenges in developing its Web3 industry, and a major policy shift is needed to achieve a revival.


Introduction


Japan’s average investors have long been known for their passion for leveraged trading, due to a lack of high-yield opportunities and an unattractive domestic stock market. Japan’s individual currency traders have been so influential in the TRY/JPY (Turkish Lira/Japanese Yen) forex trading pair that the international financial community even coined the term “Mrs. Watanabe” to represent them. When Bitcoin and other cryptocurrencies entered the market for average users in the early 2010s, Japan’s day traders enthusiastically embraced the emerging asset class. However, investors soon faced challenges at home, including two high-profile exchange hacks, which combined with Japan’s lack of attractiveness for entrepreneurship and investment, reduced the country’s position in the Web3 space.


In this research article, we will:


1. Review the history of cryptocurrency in Japan, specifically the various regulatory developments

2. Analyze the current situation in Japan

3. Explore some of the key players in the domestic industry


History of Cryptocurrency in Japan


Japan’s cryptocurrency history has seen many significant events, such as the Mt. Gox and Coincheck hacks, which prompted the government to implement strict regulatory measures to protect investors and maintain the stability of the financial system. Japan continues to evolve its regulatory framework to address new challenges and opportunities in the cryptocurrency space.


The Early Days and the Rise of Mt. Gox


2009:


Bitcoin, the first cryptocurrency, is introduced by an unknown person or group using the name Satoshi Nakamoto. In these early stages, awareness and adoption of cryptocurrencies was low everywhere, including in Japan, despite the creator’s use of a Japaneseized pseudonym.


2011-2013:


Mt. Gox, a Tokyo-based Bitcoin exchange, becomes the largest Bitcoin exchange in the world, handling the vast majority of Bitcoin transactions at its peak. (Figure 1).


Figure 1: Global CEX trading volume as of the end of 2013


Mt. Gox hack and aftermath


2014:


Mt. Gox suspends trading, shuts down its website, and files for bankruptcy, announcing that approximately 850,000 bitcoins (nearly 7% of all bitcoins at the time, valued at approximately $450 million) had been stolen. Investigations revealed that poor management and inadequate security measures were to blame for the losses.


Figure 2: Bitcoin price fell more than 40% in 3 days after Mt. Gox stopped withdrawals


Regulatory Developments and Early Regulations


2015:


· The Financial Action Task Force (FATF), the intergovernmental policymaking body of the Group of Seven (G7), issues guidance recommending that countries regulate virtual currency exchanges to combat money laundering and terrorist financing.


· The Japanese government begins drafting legislation aimed at regulating exchanges to protect consumers and ensure financial stability.


2016:


· The Japanese Cabinet and Diet passed bills amending the Payment Services Act (PSA) and the Financial Instruments and Exchange Act (FIEA). These amendments recognized virtual currencies (such as Bitcoin, Ethereum, Ripple, Litecoin, and Bitcoin Cash) as a means of payment and imposed regulatory requirements on cryptocurrency exchanges, laying the foundation for the full implementation of cryptocurrency regulations.


· The Financial Services Agency (FSA) is responsible for the implementation of these regulations, focusing on registration requirements, cybersecurity measures, and anti-money laundering (AML) protocols for exchanges.


Coincheck hack and increased regulation


2017:


· The revised Payment Services Act came into effect in April, requiring cryptocurrency exchanges to register with the FSA and comply with AML and Know Your Customer (KYC) regulations, which also classify Bitcoin as a prepaid payment instrument.


· Bitcoin and cryptocurrencies have gained significant popularity in Japan, with many merchants such as Bic Camera, Japan's largest electronics retail company, starting to accept Bitcoin as a payment method.


· The National Tax Agency (NTA) classifies cryptocurrency gains as "miscellaneous income," making it taxable income.


2018:


· Coincheck, one of the largest cryptocurrency exchanges in Japan, was hacked, resulting in the theft of approximately 523 million NEM (worth approximately $530 million). Customers were eventually reimbursed in full by Coincheck. The hack remains one of the largest cryptocurrency heists in history and prompted the FSA to take stricter regulatory measures. According to Cointelegraph, the exchange stored NEM in hot wallets rather than multi-signature wallets. Figure 3 shows that the price of NEM fell by more than 76% in the first two months after the hack. The first quarter of 2018 was the beginning of the bear market, but even without the bear market effect, the $XEM/$BTC trading pair fell by more than 61%.


Figure 3: XEM price action during the Coincheck hack


· Zaif, a smaller exchange, was hacked and lost about $60 million.


· The Japan Virtual Currency Exchange Association (JVCEA) was established as a government-approved self-regulatory body to improve industry standards and is responsible for approving tokens listed by exchanges.


· The FSA issued business improvement orders to several cryptocurrency exchanges and conducted on-site inspections to ensure compliance with new regulations.


· The FSA limited leverage on cryptocurrency margin trading to 4 times the deposit amount, aiming to curb speculative trading and protect investors.


Leveraged Trading Regulations and Ongoing Developments


2019:


· Coincheck is now compliant with new regulations and has resumed operations.


· The Japanese Cabinet approved new regulations that limit leverage on cryptocurrency margin trading to 2-4 times the initial deposit.


· Revised Financial Instruments and Exchange Act (FIEA) and Payment Services Act (PSA) take effect, further tightening regulation of cryptocurrency exchanges and security token offerings (STOs).


2020:


· The FSA reduces the maximum leverage for margin trading to 2x.


· Further revised PSA and FIEA are enforced, focusing on strengthening user protection and market integrity.


2021:


· Japan continues to evolve its regulatory framework, with a focus on enhancing investor protection, cybersecurity, and preventing money laundering.


· The FSA established a new regulatory body to oversee cryptocurrency exchange operators and ensure their compliance with evolving regulations.


· The FSA asked the JVCEA to implement a self-regulatory rule, the “Crypto Travel Rule,” which involves information sharing during transactions.


Recent Developments


2022:


· The FSA introduced additional guidance for digital asset custody by exchanges, emphasizing the need for strong internal controls and risk management practices.


· The JVCEA introduced the Travel Rule in its self-regulatory rules, while the Cabinet Secretariat amended the Act on Prevention of Transfer of Proceeds of Crime (APTCP) to implement the rule.


· The Japanese Tax Commission revised the tax law to exempt token issuers from paying corporate taxes on unrealized cryptocurrency gains.


· Japan explores the potential of issuing central bank digital currency (CBDC), and the Bank of Japan is conducting experiments and research.


· The Upper House passed a bill to regulate stablecoins, monitor money laundering and combat money laundering.


· The Liberal Democratic Party (LDP) Digital Society Promotion Headquarters released the "NFT White Paper: Japan's NFT Strategy in the Web 3.0 Era", which put forward policy recommendations for the development and protection of NFTs.


· The Ministry of Economy, Trade and Industry (METI) of Japan has established a Web3 Policy Office to foster a supportive business environment for Web3-related industries.


· The FSA is moving forward with lifting the ban on foreign-issued stablecoins.


2023:


· The FSA continues to refine its regulatory approach, focusing on emerging trends such as DeFi and NFTs.


· The FSA conducts a public consultation on a draft order to amend the APTCP Enforcement Order, clarifying the applicability of the Travel Rule to Japanese Virtual Asset Service Providers (VASPs).


· Japanese Prime Minister Fumio Kishida has highlighted Web3 as a pillar of economic reform, calling it a “new form of capitalism” and emphasizing its potential to drive growth by addressing social issues.


2024:


· The JVCEA plans to simplify the listing process for digital currencies, aiming to streamline the approval process for tokens already on the market.


· The lengthy pre-examination process for certain digital assets on authorized exchanges is expected to be eliminated.


· The Cabinet approves a bill that allows venture capital firms’ investment vehicles to directly hold digital assets.


Where Are We Now? Japan Struggles for Web3 Adoption


Japan’s weaknesses in Web3 adoption stem primarily from regulatory restrictions, particularly in exchange listings and taxation. Exchange listings are strictly regulated by the FSA, and local CEXs lack major cryptocurrencies and are unable to provide liquidity for stablecoins (Figure 4).


Figure 4: Local CEXs have limited offerings.


Note: We looked at the USDT pairings on Binance and ByBit as neither offer USD fiat.


For ByBit, $SHIB and $BONK are offered in 1000 unit blocks ($1000BONK and $SHIB1000)


This reinforces the dominance of major currencies on Japanese exchanges, in addition to Bitbank having the most offerings among Japanese exchanges (Figure 5):


Figure 5: Market share of the top two assets in Japan and international CEXs. Duration: 2024-to-date


Meanwhile, cryptocurrency gains are treated as miscellaneous income and taxed at the personal income tax bracket plus local taxes, up to 55% (Figure 6).


Figure 6: Japan’s capital gains tax on cryptocurrencies is prohibitively high


There was a time when yen trading volumes exceeded dollar trading volumes before institutional investors stepped in, but the challenges mentioned above made things difficult.


Figure 7: Yen’s Market Share of Global Fiat Trading Volume


The JPY’s absolute dominance, which at one point accounted for over 60% of all fiat trading volume, quickly evaporated during the pandemic. However, the total share of Asian fiat trading volume remained relatively stable as trading volume shifted from the JPY to the KRW (Figure 8).


Figure 8: Yen’s Market Share of Trading Volume Relative to Other Currencies


Interestingly, when we rebase JPY and USD volumes to their all-time highs in November 2021, JPY volumes show a stronger recovery this cycle (Figure 9).


Figure 9: JPY and USD trading volumes referenced to all-time highs in November 2021 = 100


On the institutional side, Japan is a content IP rich country with companies like SEGA and Kodansha, making it an ideal place for NFT and gaming driven projects. In theory, these companies can bring attention, users, research capabilities and capital, the problem is that this strategy has shown minimal results in any country, and this has been touted as a bull case for Japan for years.


Politically, the recent defeat of the deregulatory ruling party in the April 2024 House of Representatives election, giving momentum to the opposition Constitutional Democratic Party, has raised concerns. However, given the LDP's continued majority in both houses of the Diet, and the growing international and domestic competition for Web3 adoption, we do not see these developments as a cause for concern at this time.


Crypto faces many headwinds, but simply put, many of the issues are cultural and therefore cannot be quantified, nor do they have simple solutions. As a cosmopolitan city, people's English proficiency is extremely low, there is a lack of inherent entrepreneurial spirit, a stable job at a well-known local company is still seen as the pinnacle of post-graduation employment, and the cautious attitude of companies contrasts with the "fast-moving" nature of cryptocurrency, to name a few. All of these factors are relative, especially compared to Asian competitors such as Singapore and Hong Kong, but many of them are also absolute, making the challenge even more difficult. Add to that the challenges of taxation and CEX product offerings, and it is hard to imagine Japan's adoption rate catching up to its Asian neighbors any time soon.


Major Players in Japan’s Crypto Market


i) Centralized Exchanges (CEXs)


As mentioned earlier, Japan’s centralized exchanges are not competitive in terms of product offerings compared to their international counterparts, while high capital gains taxes make cryptocurrency trading unattractive. These challenges are reflected in the trading volumes of domestic exchanges, and the user interface and user experience (UI/UX) of these exchanges also lag behind foreign competitors.


Currently, there are 29 crypto asset trading service providers registered with the Financial Services Agency (FSA) in Japan. We present the current market landscape in a chart.


· BitFlyer is the largest exchange by trading volume and has maintained its dominance in recent years.


Figure 10: Japanese centralized exchange volume share


However, compared to top international exchanges, domestic exchange volumes in Japan are hardly competitive. Since the COVID-19 pandemic, Binance has left Japanese exchanges far behind.


Figure 11: Comparison of combined spot volumes of Japanese exchanges and Binance


This difference can also be observed when comparing the depth of the spot BTC order books of exchanges.


Figure 12: Spot BTC order book at 1% depth, comparison of Japanese exchanges and Binance


ii) Investment Group:


SBI Digital


SBI Holdings (TYO: 8473) is a Tokyo-based financial services group founded in 1999. Initially part of the SoftBank Group, it became independent in 2000. SBI Holdings operates in multiple sectors, including financial services, asset management, and biotechnology. It is known for combining technology with traditional financial services to drive innovation and growth.


SBI Digital Asset Holdings is a subsidiary of SBI Holdings that focuses on digital assets and blockchain technology and is the largest cryptocurrency investment group in Japan. Launched in 2020, SBI Digital aims to revolutionize the traditional financial industry by providing integrated solutions such as digital asset trading, token issuance, and custody services. They provide a secure platform for trading of various digital assets and facilitate token issuance, enabling companies to raise funds through innovative methods such as security token offerings (STOs). Their custody services ensure the safe storage and management of digital assets, using advanced security measures to protect investments. SBI Digital also collaborates with global financial institutions, such as the joint venture with SIX Digital Exchange to set up a crypto venture fund in Singapore, which aims to increase the liquidity and infrastructure of digital assets throughout Asia and Europe. Another important initiative is the Digital Space Fund launched in 2023 with a fund size of up to US$660 million, focusing on Web3, Metaverse, AI, Fintech and other emerging technologies.


SBI provides a variety of services in the traditional financial and crypto sectors, including custody solutions and market making services through its subsidiary B2C2.


iii) Protocol/Project:


Astar Network


Astar Network is a decentralized application (dApp) platform built on the Polkadot ecosystem and one of the most important crypto projects in Japan (though famously, its headquarters is not in Japan, but in Singapore). It was founded by Sota Watanabe, a well-known figure in the Japanese blockchain field. Astar aims to provide developers with a scalable, interoperable and decentralized network to deploy their applications. The network supports multiple virtual machines, including the Ethereum Virtual Machine (EVM) and WebAssembly (WASM), allowing developers to write smart contracts in a variety of programming languages.


Astar Network is a decentralized application (dApp) platform built on the Polkadot ecosystem. Although Astar is one of the leading crypto projects in Japan, it is headquartered in Singapore. Founded by Sota Watanabe, a well-known figure in the Japanese blockchain space, the platform aims to provide developers with a scalable, interoperable and decentralized application deployment platform. Astar supports multiple virtual machines, including the Ethereum Virtual Machine (EVM) and WebAssembly (WASM), allowing developers to write smart contracts in multiple programming languages.


Astar facilitates the development of dApps by providing the necessary tools and infrastructure to drive innovation in decentralized finance (DeFi), non-fungible tokens (NFTs), and other blockchain applications. Astar's integration with Polkadot enhances its interoperability with other blockchains, making it an important part of the blockchain ecosystem.


Astar is significant in Japan as it is one of the country's leading blockchain projects, demonstrating the interest and investment in blockchain technology by the Japanese tech community. However, activity on Astar is still in its infancy: Figure 13 shows the chain’s TVL in USD, and Figure 14 shows the growth of its native token’s TVL.


Figure 13: Astar vs. larger chains’ TVL in USD


Figure 14: Astar TVL vs. Solana TVL, in their native currencies ($ASTR and $SOL), benchmarked to Jan 23rd = 100


Backpack


Backpack is one of the most exciting wallet providers in recent years. Their non-custodial wallet currently supports Solana, Ethereum, and Arbitrum, and offers browser extensions as well as iOS and Android apps. Interestingly, the company was founded by two non-Japanese founders who chose Tokyo as their headquarters. We spoke to Tristan Yver, co-founder of Backpack, about why they chose to set up shop in Japan:


1. Who are you and what is Backpack?


I’m Tristan Yver, co-founder of Backpack. Backpack is a cryptocurrency wallet that aims to manage all crypto assets by providing a secure, user-friendly platform. I’m also one of the founders of the Mad Lads NFT collection, the leading NFT collection on Solana and one of the strongest communities in crypto.


2. Why did you choose Japan as your headquarters location?


We chose to set up our headquarters in Japan because the regulatory environment here is gradually improving and we have a local team stationed here. Of all the countries in Asia, Japan is the place our team most wanted to set up headquarters because of the high safety and quality of life here. We are also committed to promoting Japan as a thriving Web3 country and invite other founders and teams to visit us.


3. What changes do you think need to be made in the country to increase cryptocurrency adoption?


To drive adoption of cryptocurrencies in Japan, more resources are needed for engineers to learn blockchain programming, and the startup sector needs to realize the huge opportunities in the Web3 space. I also think friendlier tax policies will attract more individual investors to participate in the crypto market.


4. Can you tell us about the upcoming updates for Backpack?


We are excited to add more blockchain support to the Backpack wallet. We started with Solana and Ethereum, and now support Arbitrum, and will soon support Base, Optimism, and Polygon. These innovations are designed to provide users with the best non-custodial crypto management experience.


Conclusion


Although Japan got an early start in general user adoption, regulatory scrutiny after exchange hacks, high taxes, limited currencies offered by exchanges, and cultural barriers have left Japan far behind its Asian peers in the Web3 space. The current Liberal Democratic Party government, led by Kishida, has its sights set in the right direction, but progress has been slow. Activity on local exchanges reflects this struggle, and it is difficult to see any catalyst that could change Japan's fortunes at this point. However, the comprehensive regulatory environment, as well as the lifestyle factors Tristan mentioned such as safety and quality of life, continue to make Japan an attractive place to live, and as we have seen at Backpack, talented individuals may choose Japan as their base of operations.


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