SEC Secretary-General Ruenvadee Suwanmongkol said that SEC has organized a panel
discussion as an academic stage, aiming people to understand the
background of “Libra” and which of its parts involving laws in Thailand, and exchange
aspects from practitioners for digital asset consideration.
“SEC will be an agency which opens
for comments, enriches knowledge for all relevant parties, holds academic
stages for interesting issues for exchange of views, and supports development
and application of innovations and technology in capital market processes. SEC
will monitor progress in aspects and be prepared for changes,” SEC
Secretary-General said.
In
this panel discussion, panelists included Dr. Bhume Bhumiratana - SEC
consultant, Dr. Narun Popattanachai – Government Legal Counsel at Office of the
Council of State, Dr. Sumaporn (Srisuntorn) Manason – Legal Expert at the
Fiscal Policy Office, Mr. Thakorn Piyapan – Chairman of Krungsri and Head of
Krungsri Digital Banking and Innovation at Bank of Ayudhya, Mr. Jirayut Srupsrisopa –
Co-Founder and Chief Executive Officer of Bitkub Capital Group Holdings, and Proud
Limpongpan – Chief Strategy Officer of Zipmex Asia. Ms. Archari Suppiroj,
Director of SEC’s FinTech Department acted as the moderator.
Based
on the panel discussion, there are the following issues. “Libra” is regarded as
a challenge to the world and may become a key turning point for widespread use
of cryptocurrency. Related state agencies must follow Libra’s progress with
close discussion to assess impacts and proper supervision. On the
private-sector front, how long Libra will stay is not certain but social media
and cryptocurrency are expected to stay long.
The overall
picture of Libra: On 18 June 2018, Facebook and its founding members – the
world’s 28 leading companies like Visa, MasterCard, Paypal, eBay and Uber – has
introduced a cryptocurrency called “Libra” which is expected to be used as the
digital currency in 2020. Libra is expected to become the digital currency that
is used broadly in the world with easy access, speed and low costs. It is a
stable coin backed by assets with less volatility, unlike bitcoin.
Moreover,
Facebook and its founding members have established the Libra Association in
Switzerland. This non-profit organization aims to drive and take care of Libra
issues including blockchain and management of related assets. Before opening
for actual service, Facebook intends to find about 100 founding members to make
investment of 10 million US dollar each via an offer of Libra investment token
(not the same coin as Libra cryptocurrency which will be introduced as a
mechanism for payment). Facebook will also set up a company Calibra to provide a
wallet service for Libra users.
Impacts from
Libra – Opportunities and Challenges: Given over 2,000 million Facebook users
worldwide, Libra will likely bring broader impacts. Cross-border fund transfer
among individuals will be more efficient and be made instantly, similar to
sticker sending in line application. The banking and financial sector will be affected
directly. Self-adjustment must be made and new forms of business must be found
to cope with this likely trend as it could lose the fund transfer business.
E-commerce
will be shifted to social commerce which allows transactions made through
social media. SMEs will gain easier access into global e-commerce. Social
banking will replace mobile banking. Others like Alibaba, Google, Tencent and
Amazon may come to compete with Libra
Impacts
to the Public Sector: The
public sector may not be able to collect data for fiscal and monetary policy
setting as transactions or activities may not be conducted through operators or
intermediaries under the public-sector supervision. Meanwhile, the public
sector should not hinder or cease innovations but should study and learn from
them closely for the best management of risks, particularly systematic risks.
Therefore, consumer protection policy can be set properly and efficiently for benefits
to Thailand.
Legal
Aspects and Supervision: Libra is the challenge to supervisory agencies
worldwide which are keeping an eye on cautiously, trying to understand but not
welcoming without any regulations governing the cryptocurrency. To Thailand,
regulating Libra with the existing laws may be difficult. More consideration
must be taken on whether or not Libra is money, who can be authorized resellers
of Libra, Libra can be governed under the related laws like those related to
financial institutions’ businesses, foreign exchange control or e-Payment? Laws
may need amendments or additional laws may be required.
To
taxing, it is necessary for a new conceptual process. Challenges for governing
is taxation on e-commerce which moves to sell products and services on Facebook
with Libra as a medium of payment. The Revenue Department may not receive
information for supervision.
Supervision
under the royal decree on digital asset businesses, B.E. 2561 is comprised of
two (2) parts: 1) issuing and selling of Libra investment token (not Libra
cryptocurrency). If the token will be offered in Thailand, a permission is
required. However, this possibility is very low as those who are allowed to
invest in Libra investment token must be Libra Association’s members whose
qualifications are very high. The general public are not permitted to invest in
Libra investment token.; 2) Permission for business intermediaries (trading
centers, brokerage firms or traders) is required to identify themselves to
service trading of Libra in Thailand.
Protection
of Personal Information: The public sector should play a supervisory role to
prevent threats to privacy and educate people for awareness of this issue.
Thailand has the law governing personal information and businesses must receive
permission from service users before using information, otherwise, businesses
will be guilty by laws.
Risks
and cautions: If
anyone persuades investors to invest in a Libra project, it is highly likely
that it is a deception as people are not able to access into Libra investment
token. Libra is the cryptocurrency which has not yet been in service now.
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