El Salvador Makes Bitcoin as Legal Tender

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El Salvador would be the first country in the world to adopt Bitcoin as legal tender.

Legal Tender

  • It is defined as: coins or banknotes that must be accepted if offered in payment of a debt.
  • A legal tender is guaranteed by the central government and all parties are legally bound to accept it as a mode of payment.
  • Fiat money is a government-issued currency that is not backed by a commodity such as gold.
  • Virtual currency is a digitally tradable form of value, which can be used as a medium of exchange, or a stored value which can be utilised later.  It does not have the status of a legal tender.  

Cryptocurrency

  • It is a specific type of virtual currency, which is decentralised and protected by cryptographic encryption techniques – block chain technology, a system of distributed, cryptographically secured account keeping. 
  • In this system, the users keep a tab on every digital ‘coin’ and transaction rather than a banking system with a governing body at its centre. 
    • Examples: Bitcoin, Etherium, Tether, Ripple and Binance Coin
  • Bitcoin is a type of digital currency in which a record of transactions is maintained and new units of currency are generated by the computational solution of mathematical problems, and which operates independently of a central bank.
  • Bitcoin is the first and biggest of decentralised cryptocurrencies, which are online payment systems. 

Working of Cryptocurrency

  • They are Decentralised. It implies that there is no central authority where records of transactions are maintained.  
  • Instead, anyone can create a transaction.  
  • This transaction data is recorded and shared across multiple distributor networks, through independent computers.
  • This technology is known as Distributed Ledger Technology (DLT).

Countries on use of Cryptocurrencies

Country

Regulatory Framework

Canada

Permitted as a payment system and as a form of investment, income from it is taxed

Switzerland

Permitted as a payment system (including consumer to government transactions) and as a form of investment

Japan

Permitted and regulated as a payment system

China

Use of cryptocurrency is banned for all purposes

Benefits of Crypto-currency and DLT

  • DLT, could improve the efficiency and inclusiveness of the financial system. 
  • It can help lower the costs of personal identification for KYC, 
  • Improve access to credit. 
  • It could provide Faster transactions. For example, they can be used for small value cross-border transfers where the cost of sending remittances remains high due to multiple intermediaries.  
  • Cryptocurrencies also provide for a more secure payment mechanism (as records cannot be manipulated by a single entity).
  • More transparency in transactions.
  • It will provide improved ease of auditing.

 

Applications of Distributed Ledger Technology (DLT)

Sector

Possible uses of DLT

Payments

Faster and cheaper cross-border payments

Reduced transaction cost for micro-payments

Identification

Storing personal records such as birth, marriage or 

death certificates

Removing duplicates in identification platforms such as KYC

Insurance

Fraud detection and risk prevention

Claims prevention and management

Ownership registries

Removing errors and frauds in land markets

Administrative ease of maintaining land records

Trade Financing

Reduced operational complexity and transaction costs

Issues with Cryptocurrencies

  • Threat to centralised control: Due to their core nature that shuns centralised control, governments globally have been wary of cryptocurrencies. 
  • Highly volatile: Crypto currencies are highly volatile and have high fluctuation rates. The price of virtual currencies is a matter of mere speculation resulting in spurt and volatility in their prices.
  • Reluctance from Governments: Most governments have warned their citizens against investing in cryptocurrencies, let alone allowing transactions in them.  
  • Not secured: The increasing popularity will promote the use of Cryptocurrency or Bitcoin in particular, opening ways to fraudery and as an alternative to Fiat Currency.
  • Increasing pollution due to its working mechanism: The ‘mining’ of Bitcoin, where individuals or companies set up powerful systems to support the blockchain network, for which they are rewarded in the currency, consumes huge amounts of energy and produces million metric tonnes of carbon dioxide emissions a year. 
  • Compliance of FATF Guidance: With large scale cryptocurrency inflows and outflows, it would be expected from countries to comply with the 2019 Financial Action Task Force (FATF) guidance on Virtual Currencies.

 

Currency of El Salvador

  • El Salvador fully ‘dollarized’ its economy in 2001 to-
    • take advantage of the stability that it offers and attract investments.
    • get linked to the monetary policies of the FederalReserve in Washington.
    • prevent hyperinflation in the economy

Reason given by El Salvador for using Bitcoin

  • Addresses effects of Central Banks: They are increasingly taking actions that may cause harm to the economic stability of El Salvador so Bitcoin was being adopted in order to mitigate the negative impact from central banks.
  • Saves Remittances: The country’s economy is heavily reliant on remittances from its citizens working abroad. According to World Bank data, remittances made up about 20% of the country’s GDP — one of the highest ratios in the world. By enabling the transfer of money via Bitcoins, citizens will save on transaction fees of banks and agencies. 
  • Protection by Government: The government will protect citizens from the volatility of Bitcoin prices by guaranteeing quick convertibility to dollars. E.g. If a shopkeeper does not want to hold the Bitcoin which they now have to accept from customers, the government will purchase it through a $150million trust created at the country’s development bank. 
  • Managing Carbon Footprint: As for the carbon footprint, the Stateowned geothermal electric company, LaGeo, to connect renewable energy from the country’s volcanoes to bitcoin mining facilities.

When El Salvador can do it, why can’t the rest of the world?

  • The basis of the move is that El Salvador has no monetary policy of its own and hence, no local currency to protect. The country was officially ‘dollarized’ in 2001 and runs on the monetary policy of the US Federal Reserve.
  • To avoid and mitigate the effects of the Central Bank’s policy and remain at par on the purchasing power front, it becomes necessary to authorize the circulation of a digital currency with a supply that cannot be controlled by any central bank.

 

Way Forward For India

  • The overall takeaway for India from the El Salvador case is not in the monetary sense at all but as an example of how far countries are willing to go to attract innovators and entrepreneurs working on this emerging sector. 
  • This is the wealth that India has in spades and has barely protected with policy. 
  • While deliberations continue in India on the monetary and financial regulations around cryptocurrency, it is important that attention be paid to incentives for India’s developers working on key innovations in the space.

Subhash Garg Committee (2019)

  • The Committee noted that there are two principal ways in which cryptocurrencies are raising money.  
    • Through Initial Coin Offerings, where digital tokens are issued in exchange for other currencies.  
    • Through using it as a means of exchange or a payment system
  • The Committee recommended banning cryptocurrencies due to various concerns. These include:
    • Fluctuation in prices
    • Impact on power consumption
    • Risk to consumers: These include phishing cyber-attacks and ponzi schemes. Further, cryptocurrency transactions are irreversible, which means once a transaction is done, there is no way to remedy it.
    • Potential use for criminal activity: The virtual currencies provide greater anonymity than traditional payment methods.  This makes them more vulnerable to money-laundering and illicit funding for terror financing.  

Present Status in India

  • 2018: RBI banned banks and other regulated entities from supporting crypto transactions.
  • 2019: Inter-ministerial committee recommended ban all private cryptocurrencies.
  • 2020: Supreme Court struck down the ban as unconstitutional.
  • Court’s observation: RBI has not come out with a stand that any of the entities regulated by it, namely, nationalised banks/scheduled commercial banks/cooperative banks/NBFCs, have suffered any loss or adverse effect directly or indirectly, on account of virtual currencies (VCs).
    • Hence, the RBI circular is “disproportionate” with an otherwise consistent stand taken by the central bank that VCs were not prohibited in the country.
    • The court found that the RBI did not consider the availability of alternatives before issuing the circular.
    • The court referred to the Centre’s failure to introduce an official digital rupee despite two draft Bills and several committees.
  • 2021: Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 introduced.
  • Under this plan to ban private digital currencies, favour RBI backed currency.
  • A 3-6 month exit period prior to banning the trading, mining and issuing of cryptos.
  • Finally, Cryptocurrencies, though unregulated, are not illegal in India.

 

Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 (Draft)

  • Analysts have speculated that the new cryptocurrency bill might impact some existing investors who are already investing in private digital currencies like bitcoin in the country
  • It will create a facilitative framework for creation of the official digital currency to be issued by the Reserve Bank of India and prohibit all private cryptocurrencies in India.
  • The Draft Bill prohibits any form of mining (creating cryptocurrency), issuing, buying, holding, selling or dealing in cryptocurrency in the country.  
  • Further, it provides that cryptocurrency should not be used as legal tender or currency in India.  
  • The Bill allows for the use of technology or processes underlying cryptocurrency for the purpose of experiment, research or teaching
  • The Bill also provides for offences and punishments for the contravention of its provisions.  For instance, it states that mining, holding, selling, issuing or using cryptocurrency is punishable with a fine, or imprisonment up to 10 years, or both.  
  • For individuals who might be in possession of cryptocurrencies, the Bill provides for a transition period of 90 days from the commencement of the Act, during which a person may dispose of any cryptocurrency in their possession, as per the notified rules.

Sources: TH

 
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