Addressing The Rise Of Usdt Scams In The Uae: Regulatory Challenges And Solutions

By Author: The Law Reporters
Total Articles: 22
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Introduction

The rapid adoption and development of cryptocurrencies in the UAE are taking the country into the global map of being one of the big players in the digital finance markets. However, with this fast growth, the region is also experiencing a considerable increase in the number of scams regarding cryptocurrencies, particularly Tether (USDT)—the largest stablecoin in the world.

These scams have exploited regulatory loopholes and have gone after both individuals and businesses—both with major financial implications for all those involved. This article is a case study that will serve to investigate the nature of USDT scams in the UAE, legal frameworks within which these activities are going on, and necessary steps that need to be taken in order to improve regulatory oversight.

USDT Scams in the UAE Explained

UAE USDT scams have taken various forms, from simple phishing and fake investment opportunities to complex over-the-counter trading scams. Frauds in these types of scams usually trick victims into transferring USDT to wallets controlled by the scammers: many times in the form of high-return ...
... investment opportunities or as part of fake business transactions.

One of the most common methods is through a phishing scam, whereby unsuspecting victims receive fraudulent emails or messages purporting to be from legitimate cryptocurrency exchanges or wallets. These kinds of messages are often chock-full of links to false websites that are programmed to siphon off login credentials and clean out accounts. Another is the fake wallet scam, where scammers design fake wallet applications that appear genuine but are booby-trapped to harvest private keys and siphon off USDT from users.

More elaborate frauds are those of the over-the-counter trading scams that involve an impersonation as a broker or the middleman in huge USDT transactions. Most of these scams have very elaborate schemes where a victim is given a sense of security, and then the money is stolen in the process of transactions.

Legal System of Cryptocurrency in the UAE

UAE being a country of great potential about blockchain and cryptocurrency technology has been seen taking some significant moves to regulate the crypto industry. However, with the rapid evolution of the crypto space, challenges have emerged for regulators in keeping pace with the emerging threats, such as the rise in USDT scams.

What Regulation for Stablecoins, and What Impact on USDT?

This is the most recent regulation by the UAE Central Bank, which comes into effect by June 2023, posing quite a shift in the legal landscape for stablecoins like USDT. Only dirham-backed stablecoins will be allowed to do payments for the purchase of goods and services in the UAE according to this new regulation. As USDT is a US dollar-backed stablecoin, it does not feature in such transactions within the UAE.

However, virtual asset transactions remain permissible only for such purposes as the use of USDT and other foreign payment tokens to purchase non-fungible tokens (NFTs). This regulatory approach will be oriented toward bringing more structure and coherence into the market, thereby increasing the security of FinTech interactions with VASPs and protecting consumers from threats that might arise from unregulated stablecoins.

To operate or deal with Tether (USDT) in Dubai, businesses must comply with regulations set by several key authorities.

Dubai Multi Commodities Centre (DMCC) offers licenses for trading and managing crypto assets, including USDT. The DMCC Crypto License ensures companies adhere to strict compliance and anti-money laundering standards.

Dubai Virtual Assets Regulatory Authority (VARA) specifically oversees virtual assets, including USDT, and issues licenses for activities such as trading and custody.

Central Bank of the UAE provides guidelines for licensed financial institutions dealing with virtual assets, ensuring broader financial system stability.

To legally deal with USDT in Dubai, businesses must engage with these authorities to obtain the appropriate licenses, depending on their specific activities.

Regulators were very categorical that all Crypto Asset Service Providers (CASPs) must register with relevant authorities and have obligations under KYC satisfied. This regulation is very important because it minimizes risks that can be associated with cryptocurrency being used in money laundering or fraud activities. While these measures are in place, USDT scams often seek to exploit the loopholes in the system, more so in most of the transactions being conducted outside regulated exchanges. The anonymity that comes with cryptocurrencies and the transactions being across borders make it quite hard for governments and agencies to trace, much less bring, the stolen assets back.

Dubai Financial Services Authority (DFSA) and Abu Dhabi Global Market (ADGM) Regulations

Also, the Dubai Financial Services Authority and the Abu Dhabi Global Market have moved to regulate the cryptocurrencies in their respective jurisdictions. For example, the DFSA has enacted a new framework for digital assets, including cryptocurrencies, to ensure protection for investors as well as market integrity.

In 2021, the DFSA issued the Consultation Paper 138 dealing with the regulation of security tokens, providing for regulation concerning cryptocurrencies like USDT. Such a framework mandates that firms providing activities in digital assets must be licensed by the DFSA and be subject to stringent regulatory requirements, including obligations for AML/CTF.

In the same vein, a very detailed regulatory framework for digital assets has been developed under the Abu Dhabi Global Market by the Financial Services Regulatory Authority (FSRA). It mandates every entity participating in crypto asset activities to be licensed and follow strict regulatory standards. This involves maintaining high cybersecurity and ensuring that all operations are run transparently and traceable.

Criminal Code and Cybercrime Legislation

The UAE legal framework also contains provisions under the UAE Penal Code and the Cybercrime Law against combating fraud, including those perpetrated through digital means like cryptocurrency. In particular, Article 399 of the UAE Penal Code provides strict punishment for fraud, either by incarcerating a criminal up to two years along with fines. Moreover, the New UAE Cybercrime Law of 2021 provides for severe penalties for those who scam cryptocurrencies: they may be imprisoned for up to five years and fined anything between Dh250,000 and Dh1 million.

Legal Recourse of USDT Scam Victims

Victims of USDT scams in the UAE have several legal channels open to them for the recovery of their funds, but with the nature of cryptocurrency transactions, it is hard.

Civil Litigation and Criminal Prosecution

The victims can sue in the civil court for compensation of their losses against the scam perpetrators. This, in most cases, involves proving that the defendant was involved in some fraudulent activity and that the victim actually suffered moneywise from it. Such, according to UAE law, can be presented in the civil courts where the affected persons can sue for damages.

Another avenue of remedy is criminal prosecution, especially for large-scale fraud and money laundering. The UAE has strict anti-fraud laws, and the punishments meted out to convicted persons are usually strict, including lengthy jail terms and hefty fines. Article 399 of the UAE Penal Code is one of the statutes that aid in the prosecution of fraudsters.

Challenges in Recovering Funds

Being decentralized and anonymous, recovery of lost funds in a USDT scam can be an arduous task. The very nature of transactions in cryptocurrencies is such that they cannot be changed or reversed, as usual in traditional finance. This means that once the monies are transacted into the scammer's wallet, it may be irrecoverable.

However, the UAE authorities have made an effort to address this problem by collaborating with international law enforcement agencies and blockchain analytics companies to track stolen assets in the hope that bringing the culprits to justice would serve as a deterrent. More so, victims are urged to report scams to the relevant authorities: the UAE Central Bank, the DFSA, or the ADGM, in order to investigate the scams.

Increasing Regulatory Strengthening Actions Against USDT-Scams

Effectively combating the scams of USDT and providing protection to investors from the UAE would mean enhancing the regulatory framework, improving the enforcement mechanism, and may include:

Strengthen KYC and AML Requirements: Ensure that any crypto transaction, especially for large amounts of money, is put through stringent KYC and AML requirements. That would somewhat help in people not being able to misuse those KYC and AML identification processes used to avoid being screened for fraud.
Increased Monitoring of OTC Activities: Since the nature of activities in the OTC market is quite high risk, there is a need for regulators to impose more strict monitoring over such activities. This may range from requiring reporting of large transactions by OTC desks, ensuring that all parties within such transactions are well vetted, among others.
Public Awareness Campaigns: Creating public awareness about the risks associated with the USDT scam and how to stay safe. Public awareness campaigns would likely reduce the number of victims and discourage these scammers from operating in the country.
Collaboration with International Authorities: As cryptocurrency scams are happening on a global scale, the UAE should continue to coordinate with international agencies and try to locate the fraudsters to recover the funds stolen.
Conclusion

The UAE is home to growing USDT scams, allowing culprits to exploit mass adoption in cryptocurrencies and current regulatory loopholes. In spite of all the progress that the UAE has achieved in crypto industry regulation, there remains a lot to achieve for the protection of investors from fraud. With improved measures of regulation, better enforcement, and enhanced public awareness, the UAE can check these risks associated with USDT scams and ensure a safer environment for cryptocurrency transactions.
Source : https://thelawreporters.com/