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Tuesday, April 11, 2017

Bitcoin culprit behind money laundering? Unhappy with RBI for ignoring it: MP Kirit Somaiya

Tarun Sharma & Sidhartha Shukla
Moneycontrol News
BJP MP Kirit Somaiya has raised concerns on how there is a lack of regulatory structure around bitcoin and wants it to be declared illegal in the country.During demonetisation, bitcoin trading volume spiked a lot in India and many were worried that it was being used to launder black money.
Speaking to Moneycontrol, Somaiya said that he is expecting a meeting with a senior official from the National Intelligence Grid (NATGRID) to discuss the sudden jump in bitcoin trading in India during the period of the cash ban.
After the government's landmark decision to demonetise Rs 500 and Rs 1,000 currency notes, those hoarding black money tried their hand at various ways through which to convert their ill-gotten stash.In fact, in the immediate wake of the decision, prices of alternate asset classes such as gold or real estate shot up in the gray market. Unscrupulous jewelers and developers were able to back-date purchasers and pass off old notes which were used to buy assets in the past. Reports also came which suggested bitcoin to be a possible means to launder black money.
In the Parliament, Somaiya has hit out at the increasing use of bitcoin in India and has termed the digital currency as "hypothetical" and a "pyramid ponzi scheme". He has further said that if bitcoin is being used like a currency then it falls under the duty of the Reserve Bank of India (RBI) and the central bank cannot afford to be a silent spectator and needs to act.
Below is the complete transcript of the conversation with BJP MP Kirit Somaiya. 
Sidhartha: You have raised concerns over the use of bitcoins in India and how in the name of this technology some are trying to dupe innocent people. You want it to be declared as illegal in India as there are no regulations around it but some countries have laid down rules under which it works and recently Japan even declared it as a currency. What are your views on that?
A: It is illegal. How a private person or a few individuals remain behind the curtain can develop their own currency? This self-regulation is nonsense. In Ponzi scheming, multi-level marketing (MLM), pyramid structure all such argument have been floated.
This is a civilised society, a currency can be owned, floated, regulated, monitored only and only by a sovereign government. Block technology is a technology. It cannot be converted into currency. A group of people come together and they say we are having our own transaction, what is this? A simple technological legal meaning is 'hawala', nothing else. Simple meaning is non-transparency. If you want to deal among yourselves, you deal through any currency. It could be through dollar, it could be pound, it could be rupee. But you are developing in the name of a modern transaction and it cannot be allowed because nobody owns this, nobody owns it, nobody regulates it, how can I allow unregulated currency? All these are absurd arguments.
The few with vested interests, people just like zamindars, crony capitalism supporter, they come out with this argument. I cannot agree. I have told RBI also and SEBI also. On one side, if you declare it is illegal, how can you allow it to be functioning in the country? It is impossible.
Tarun: So, why the investigation agencies are are sitting on it and not taking any actions against them? With the NSEL scam we saw that regulatory vacuum was exploited to fool people.
A: Due to our effort, now in parliament, the government have gone on record, it is illegal. The first time now, a small group of people, experts representing SEBI, ministry of economic affairs, RBI, revenue is formed. So, this is absurd what Japan has done and I do not agree with Japan and what has happened in Japan, nobody knows. It is our country, our nation. I want to see what is bitcoin.
On one side, they are using the word currency, once you use the word currency, it is automatically illegal. How can civilised society allow it? Today bitcoin has come, tomorrow, 'chandi-coin' will come, third day, 'plastic-coin' will come. What is bitcoin? What is its value, what is its net-worth? What is its guarantee? And now bitcoin is used for purchasing drugs in colleges. And now, a mis-sell is being done that you can invest in this bitcoin.
What nonsense is going on? If it is a currency, how can a person invest in it? And they say it will be increased by 4,000 percent.
So all this is nothing but a scam. I recollect, I told RBI people, try to recollect 2007, 2008 and 2009 that foreign exchange scam, India has lost more than Rs 1 lakh crore. You may recollect that yen, yen price will go up, the Indian bank also were in the queue. All top businesses and banks have lost hundreds of crores of rupees. And now the regulator in America has found out that it was a scam. And top companies have been penalised. What has happened in India? Nothing.
So, RBI wants all authority, RBI wants all power. Then it becomes responsibility of RBI. If they cannot allow, I disagree with RBI. They said it is illegal, now people who are doing business, they are doing that at their own risk. I do not agree. RBI had to take action and I will see that they do take action.
Tarun: Even the Sebi also then?
A: Certainly, because SEBI has asked me to give some information about the exchanges, so I am trying to collect the information on how it can be traded on the exchanges. But all such exchanges in a way are illegal, but I have told somebody from Zebpay, I did not listen to them.
If they are official exchange, go and get regulated from SEBI. How a private exchange? They say we are on net. If you are on net then how my Indian money is invested, how? In air? You have to pay something initially.
Either you have to give something in kind or in rupee or in dollar, that means it is a currency.And if it is a product, bitcoin, what they are doing, what are they manufacturing, what are the services, what is the profit and loss account, what are the balances, who is controlling bitcoin? A group of people? Then it is a barter system.So, we want to go 1,000 years back? What is blockchain? Blockchain is used for currency or for trading transaction. That means this is hawala or barter system. So, I am very much against it.
Tarun: Do you think that during demonetisation bitcoins were used for money laundering or tax evasion? 
A: A few people have expressed such concern and now, I think I am expecting a meeting with a senior official from the National Intelligence Grid (NATGRID). I do not want to pass a comment on that. It could be. As the authorities check what was the volume and behaviour of bitcoin during that particular period.
Tarun: Transactions over these exchanges happens on the banking side, so how come banks are allowing this kind of trade? 
A: I am going to approach Enforcement Directorate (ED) also. It is the duty of ED, some foreign transactions are being taken place in India, through India, through Indian bank account, somebody has to check it. And that is why I am very unhappy with RBI that how they can knowingly ignore such a thing.
It is the parliament of India, it is the constitution of India, the central bank has to not only regulate but monitor it also.

If through Indian bank account, some transaction has taken place with the foreign banks, if bitcoin is a foreign product, that means it is a foreign transaction, they have to submit details and that is why, I am planning to approach ED and I have written to the government in that committee, please include ED also.

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