中国对于虚拟货币交易的监管仍在收紧。
China's regulation of virtual currency transactions is still tight.
第一财经记者2月28日从某地网监大队相关负责人处独家获悉,公安系统网监部门正在严密监控涉及比特币等虚拟货币交易的境内外交易网站,预防洗钱、传销、诈骗等非法案件的发生。
On 28 February, the first financial journalist was informed by the head of a local network monitoring unit that the public security system network was closely monitoring internal and external trading websites involving virtual currency transactions, such as Bitcoin, in order to prevent illegal cases of money-laundering, distribution and fraud.
虽然央行等七部委去年9月发布了《关于防范代币发行融资风险的公告》,全面取缔ICO(首次币发行)等非法融资,并随后关闭了境内所有虚拟货币交易所,但包括比特币在内的虚拟货币产业通过各种“变身”依旧活跃。
The virtual currency industry, including Bitcoin, remained active through a variety of “changes”, although seven ministries, including the Central Bank, issued a bulletin last September on protection against the risk of financing the issuance of tokens, which comprehensively banned illegal financing such as the ICO (first issue) and subsequently shut down all virtual currency exchanges in the country.
第一财经记者 杨瑾 摄
上述网监大队负责人对第一财经记者表示,从去年9月起,公安机关网监部门就开始密切关注境内交易平台的动向,虽然一些平台转移到了境外,但它们依然对它们进行同步监控,“至于下一步是否会有进一步监管措施,还要等待上级单位的通知。”
The head of the above-mentioned Brigade indicated to the first financial journalist that since September of last year, the Public Security Bureau has been closely following the movement of internal trading platforms. Although some of the platforms have been moved outside the country, they keep them under simultaneous surveillance, “as to whether there will be any further regulatory measures to be taken next, they will have to wait for notification from their superiors”.
一名曾从事比特币交易的投资人告诉第一财经记者,这表明,不论是在境内还是境外,大部分还在进行虚拟货币交易的网站,还有那些从事虚拟货币交易的境内账户,都已经被监管部门盯上,“就看什么时候收网了。”
An investor who had been dealing in bitcoin told the first financial journalist that most of the websites where virtual currency transactions were still being carried out, both within and outside the country, and the internal accounts of those dealing in virtual currency, had been targeted by the regulatory authorities “as soon as the net is closed”.
组合拳
combined boxing
有媒体日前报道称,中国监管部门将对比特币交易采取进一步的监管措施,主要针对那些允许境内投资者在海外交易所进行数字货币交易的平台。
The media have recently reported that China's regulatory authorities will take further regulatory measures for the trading of bitcoin, targeting mainly those platforms that allow domestic investors to conduct digital currency transactions on overseas exchanges.
报道称,中国监管部门发现,有境内企业、个人通过到境外设立交易所,或者把服务器迁至境外,或者在境外注册公司等方式,规避中国对于虚拟货币交易的监管。为此,对于那些被怀疑为帮助境内投资者在海外交易所进行数字货币交易的企业和个人的境内银行账号和在线支付账号,中国监管部门将进行审查。
According to reports, China’s regulatory authorities have found that domestic businesses and individuals circumvent China’s regulation of virtual currency transactions by setting up exchanges abroad, moving servers abroad, or registering companies abroad. To that end, China’s regulatory authorities will review the internal bank accounts and online payment accounts of enterprises and individuals suspected of helping domestic investors to carry out digital currency transactions on overseas exchanges.
某资深虚拟货币业内人士对第一财经记者表示,网络监管最主要的方式是关闭网站入口,但这种方法通过技术手段很容易破解,“如果对交易平台相关银行账号和支付账号进行监管或是冻结,会更直接一些,印度此前有过先例。”
A senior virtual money industry source has indicated to the first financial journalist that the most important way of regulating the network is by closing the site entrance, but that this method can easily be broken by technical means, “if the relevant bank account number and payment account number of the trading platform were to be regulated or frozen, it would be more direct, as has been the case in India”.
第一财经记者查询发现,印度曾于今年1月采取措施,包括印度国家银行在内的部分印度银行对所有本土比特币交易所,包括前十大交易所的账户暂停交易,监管机构认为这些账户存在可疑交易。这些银行还要求比特币交易所就其借款提供额外担保,同时银行对仍在运作的少数账户采取了限制提现的措施。
In January of this year, the first financial reporter found that some Indian banks, including the National Bank of India, had taken measures to suspend transactions on all local bitcoin exchanges, including the top 10, which the regulators considered to be suspicious. The banks also required the Bitcoin Exchange to provide additional guarantees for their borrowings, while the banks imposed restrictions on cash withdrawals on a small number of accounts still in operation.
“如果交易账户被冻结,交易所便不能再继续作业,否则很容易涉及非法集资、洗钱等违法犯罪行为。”上述业内人士称。
“If the transaction accounts are frozen, the exchange can no longer continue to operate, otherwise it can easily involve offences such as illegal collection of funds, money laundering, etc.” According to the above-mentioned industry.
事实上,在今年以来不到两个月的时间内,监管层已对虚拟货币整个产业链中的场外交易、境外交易平台、挖矿等的各个环节进行了全面出击。
In fact, in less than two months since this year, the regulatory level has taken a comprehensive approach to all aspects of off-site transactions, offshore trading platforms, mining, etc. in the entire chain of virtual money.
1月中旬,有媒体报道称,央行、中央网信办、工信部等多部委将联合加强对虚拟货币市场的整顿清理,特别是对于注册地在境内的场外交易平台、境内大额“点对点”的做市交易,以及注册在境内但通过其在境外的网站平台为国内客户提供虚拟货币集中交易服务等行为,将进行逐步清理。
In mid-January, the media reported that several ministries, such as the Central Bank, the Central Networking Office and the Ministry of Trade and Communications, would jointly strengthen the consolidation of virtual money markets, particularly with regard to off-site trading platforms registered in the country, large-scale domestic “point-to-point” market transactions, and the provision of virtual centralized money trading services to domestic customers through their websites abroad.
除从上述交易环节入手外,第一财经记者1月5日从权威渠道独家获悉,互联网金融风险专项整治办工作领导小组(下称“互金整治办”)向各省(区、市)下发了一份针对比特币挖矿的通知。互金整治办称,据有关部门反映,目前存在一些生产“虚拟货币”的所谓“挖矿”企业,在消耗大量资源的同时,也助长了“虚拟货币”投资炒作之风。
In addition to the above-mentioned transactions, on 5 January, the first financial reporter learned from authoritative sources that the Task Force for the Specialized Management of Financial Risks on the Internet (hereinafter referred to as the “Interim Management Unit”) had issued a circular to the provinces (districts and municipalities) concerning the mining of Bitcoin. According to the ETT, there are so-called “mining” companies that produce “virtual currency” and that, at the same time, they consume a large amount of resources, they also contribute to “virtual currency” investment.
对于下一步的工作安排,互金整治办提出两点要求:一是积极引导辖内企业有序退出“挖矿”业务,并请积极协调辖内有关部门,多措并举,综合采取电价、土地、税收和环保等措施,引导相关企业有序退出;并要求各地整治办于1月10日前上报目前辖内“挖矿”企业基础情况及引导退出情况。二是为及时掌握各地工作进展,要求各地整治办每月10日前填报辖内“挖矿”企业有关情况。
With regard to the next steps in the organization of work, the Office of the Red Cross and Red Crescent has made two requests: first, to actively direct enterprises within the Authority to withdraw from mining operations in an orderly manner, and to coordinate with the relevant departments, to take a variety of measures, including electricity prices, land, taxation and environmental protection, and to direct the enterprises to do so in an orderly manner; and, second, to report to the Office by 10 January on the basis of the mining enterprise currently under its authority and to guide the exit. Second, in order to keep abreast of the progress of work in the regions, the Office of the Red Cross and Redress has been requested to report on the mining enterprise within the Authority by 10 a month.
此外,央行营业管理部还于今年初发文要求辖内各法人支付机构,严禁为虚拟货币交易提供服务,并采取有效措施防止支付通道用于虚拟货币交易。
In addition, at the beginning of the year, the Department of Operations Management of the Central Bank issued a letter requesting payment agencies of legal persons under its jurisdiction to prohibit the provision of services for virtual currency transactions and to take effective measures to prevent payment channels from being used for virtual currency transactions.
场外交易泛滥
之所以中国监管层对于虚拟货币产业连续打出“组合拳”,主要是因为场内交易被取缔后,场外交易依旧泛滥。
The reason for the successive “combined boxing” of the virtual money industry at the regulatory level in China is due mainly to the continued proliferation of off-the-shelf transactions following the banning of intra-field transactions.
据第一财经记者了解,虽然自去年9月七部委联合发文之后,境内的各大虚拟货币交易平台纷纷出走海外,火币网、OKCoin、币安等大型数字货币交易平台将交易所业务全线撤离中国境内,并停止所有人民币兑数字货币的交易。
According to the first financial journalist, while the major virtual currency trading platforms in China have been out of the country since the joint issuance of the seven ministries last September, large digital currency trading platforms, such as the Currency Network, OKCoin and the Currency Exchange, have withdrawn the entire exchange from China and stopped all people's currency transactions against digital currencies.
不过,这些平台虽然将服务器迁至境外,但依然对境内用户“敞开大门”,用户可以继续登录交易网站,通过场外交易将人民币兑换成比特币,再通过币币交易兑换其他种类的数字货币。
However, these platforms, while moving servers out of the country, “open the door” to domestic users, can continue to access the trading sites, convert the renminbi into bitcoins through off-site transactions and exchange other types of digital currency through currency transactions.
交易平台出海的同时,投资者也随之出海。一位内地投资者告诉第一财经,国内不能直接用人民币交易之后,他立刻去香港地区开了好几个账户,方便虚拟货币交易。
Trading platforms go to sea, and investors go to sea. An inland investor told the First Economy that the country could not deal directly with the renminbi, and immediately went to Hong Kong to open several accounts to facilitate virtual currency transactions.
一位手持数千枚比特币的资深矿工也告诉第一财经,他一直都是在美国和日本的比特币交易所直接交易的,“我可以‘翻墙’,又有国外账户,国内监管对我的交易操作几乎没有影响,最多就是币价跌了很多,但相比较前两年,涨幅已经足够多了。”
A senior miner with thousands of bitcoins also told the first book that he had been trading directly with the Bitcoin exchange in the United States and Japan, “I can `turn the wall' and have foreign accounts, and domestic regulation has had little effect on my operations, at best by falling the price of the currency, but by comparison with the previous two years, the increase has been sufficient”.
上蹿下跳的比特币等虚拟货币的价格也是交易活跃的表现。以比特币为例,去年12月曾涨至20000美元的历史高位,但随着1月以来全球各国的持续监管,币价在2月6日时跌至6000美元低位,一个多月跌幅创出70%的历史新高。此后,由于有多笔巨额资金流入交易市场,且韩国监管层对比特币交易“松口”,币价逐渐升至10000美元左右。
The price of virtual currencies, such as bitcoins, jumped upwards and jumped to record highs of $200 in December last year, but, with continued global regulation since January, currency prices fell to low levels of $6,000 on February 6, and more than a month fell to record highs of 70%. Since then, currency prices have risen to around $10,000, as a result of massive capital inflows into the trading market, and the Korean regulatory hierarchy, the “Pinegate” of Bitcoin.
Coinhills网站数据显示,过去24小时全球比特币交易量为121万枚比特币,约合125.9亿美元。日元交易量占比最大,占全球交易额的54%,其次是美元和韩元,分别占比25.4%和11.3%。
Data from the Coinhills website show that the global volume of Bitcoins in the last 24 hours was 1,110,000 bitcoins, or approximately $12.59 billion. Japanese yen transactions accounted for the largest share, 54 per cent of global transactions, followed by the United States dollar and Korean won, accounting for 25.4 per cent and 11.3 per cent, respectively.
新华社2月4日报道称,监管叫停ICO后,很多境内人士转向境外平台网站继续参与虚拟货币交易,考虑到境内投资者转向境外平台参与交易面临种种风险,将采取一系列监管措施。
Xinhua reported on 4 February that, after the regulation stoppage of the ICO, many people in the country continued to participate in virtual currency transactions on offshore platforms and that a range of regulatory measures would be taken in view of the risks faced by domestic investors in moving to offshore platforms to engage in transactions.
报道还称,下一步国家将采取包括取缔相关商业存在,取缔、处置境内外虚拟货币交易平台网站等在内的一系列监管措施,以防范金融风险,维护金融稳定。以后只要发现一家就要关闭一家。同时,未来视事态发展情况,也不排除出台更进一步监管措施的可能。
The report also states that the next step is for the state to take a range of regulatory measures, including banning the presence of related businesses, banning and disposing of virtual currency trading platforms, both inside and outside the country, to prevent financial risks and maintain financial stability.
事实上不仅是交易平台出海,许多虚拟货币矿业企业也受到政策监管的影响,正在逐步将业务转移至海外。
In fact, it is not only the trading platforms that go to sea, but many virtual money mining enterprises are also subject to policy regulation and are gradually shifting their operations abroad.
国内一家全球排名靠前的比特币挖矿企业矿池业务负责人告诉第一财经记者,虚拟货币产业搬迁和“变身”最容易的就是交易平台,由于它们的业务绝大部分是在线上完成,所以它们最先出海,并且很快就可以在全世界设点,开展全球多国法币对虚拟货币的交易业务。
The head of the pits of a country's leading global mining company, Bitcoin, told the first financial journalist that the easier way to relocate and “change” the virtual money industry was a trading platform, that, as most of their business was done online, they were the first to go out to sea and that they would soon be able to set up a worldwide location for global multinational French-to-virtual transactions.
“但矿池业务想要出海就没有那么容易,一方面,国内电价相对于东南亚等地较为便宜,且大部分矿机都是中国生产,在中国挖矿可以省去很多运输和搬迁的费用,如果企业要搬迁,矿机也得跟着搬;另一方面,东南亚国家对于非本国挖矿企业的审核和准入条件较为严格,政策条件也并不比国内宽松。”他表示。
“It is not easy for a pond business to go to sea, however, on the one hand, domestic electricity prices are cheaper than in South-East Asia, for example, and most of the mines are produced in China, where mining can save a lot of transportation and relocation costs, as well as moving machines if the business is to move; on the other hand, countries in South-East Asia have stricter conditions for auditing and access to non-national mining enterprises, and policy conditions are not less favourable than domestic ones.” He said.
上述矿池业务负责人还对第一财经透露,全球目前依然有70%~80%的矿池业务在中国开展,其中还有很多矿场是由日本、美国和一些东南亚国家投资的,目前在虚拟货币产业中,买卖矿机和挖矿业务仍然是盈利最大的一环。
The heads of the above-mentioned pond operations have also revealed that 70 to 80 per cent of the world's mining operations are still in China, with many of these sites being invested by Japan, the United States and some South-East Asian countries, and that the buying and selling of machines and mining operations continue to be among the most profitable in the virtual money industry.
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