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February 8, 2018


Digital Currencies: Sanctions Evasion Risks


As the market for digital currencies evolves, one area on
which Congress has focused is the potential use of digital
currencies for sanctions evasion. Digital currencies face an
uneven international regulatory environment, and countries
are considering different approaches to regulating and/or
issuing digital currencies. Some governments are exploring
the possibility of issuing digital currency as a means of
sanctions evasion (as in the case of Venezuela and Russia),
while others are exploiting weaknesses in existing virtual
currency markets to evade restrictions on access to the
international banking system (as in the case of North
Korea).
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Money is the set of assets used to buy goods and services
from others. It functions in the economy as a: (1) medium
of exchange; (2) unit of account; and (3) store of value.
Although money may be made of materials that have
intrinsic value, such as gold, most countries today use fiat
currency, which has no intrinsic value, but serves as
money by government decree.

Virtual currencies are digital representations of value that
can be digitally traded and function like money. Unlike fiat
currencies, virtual currencies do not have legal tender
status. Virtual currencies may be convertible or non-
convertible. Convertible virtual currencies can be
exchanged for fiat currencies. Non-convertible virtual
currencies are restricted to online domains (such as
multiplayer online gaming).

Some virtual currencies are run by a centralized
administrator that issues currency and maintains a central
payment ledger. Other virtual currencies are decentralized,
for which transactions are recorded on a blockchain ledger
and rely on encryption techniques to control the creation of
monetary units and to verify the transfer of funds.
Convertible, decentralized currencies are also called
cryptocurrencies.

Many central banks worldwide, including the U.S. Federal
Reserve and the People's Bank of China, are evaluating the
creation of digital representations of fiat currencies, or
digital fiat currencies. In September 2017, the Bank for
International Settlements, an organization of 60 central
banks including the U.S. Federal Reserve, recommended
that central banks pay attention to the development of
virtual currencies and consider the issuance of their own
digital currencies.


     Growth in the Cryptocurrency Market
Bitcoin, launched in 2009, was the first and continues to be the
most widely used cryptocurrency. Today, there are nearly
1,500 cryptocurrencies in circulation with a total market
capitalization of $340 billion, although valuations have fluctuated
widely (Figure I). The five lairgest cryptocurrencies account for
70% of total virtual currency market capitalization, and include
Bitcoin ($121 billion); Ethere um ($70 billion); Ripple ($28
billion); Bitcoin Cash ($15 billion); and Cardano ($9 billion).

Figure I. Market Capitalization of Major
Cryptocurrencies ($ in billions)


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Source: https://coinmarketcap.com/.


Virtual currencies have the potential to revolutionize the
financial and banking industries. They could increase
payment efficiency, reduce transaction costs of payments
and fund transfers, increase participation in the financial
system, and facilitate transactions. Digital currencies,
however, also present risks. Virtual currency platforms
remain largely unregulated, and could be vulnerable to
fraud and theft. There are also risks related to security,
payment beneficiary identification, and currency volatility.

Virtual currencies may also pose a variety of illicit finance
concerns. They provide total or partial anonymity to users
and transactions and can be used as an alternative to the
formal banking sector, which is more highly regulated. The
uneven international regulatory environment surrounding
the rapidly evolving virtual currency market is also
attractive to illicit actors, who may seek to exploit virtual
currencies operating in unregulated jurisdictions to launder
ill-gotten funds, finance terrorism, or evade sanctions.
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Recent events have highlighted the interest of some
governments subject to economic sanctions in exploiting
virtual and digital currencies to evade U.S. sanctions.
According to Treasury officials, however, sanctions evasion
risks posed by virtual currencies have been limited in


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