Some new details have been provided by the government of Gibraltar about its strategy to regulate the ICOs (initial coin offerings) in a white paper. According to the paper, most of the tokens are not considered as securities under the EU law. Government officials and regulators are anxious due to the classification of ICOs and tokens, and in the major countries like China, they are considering to ban the whole blockchain use cases.
What does the whitepaper say?
Certainly, it’s also stated in the paper that;
“In many cases, [tokens] represent the advance sale of products that entitle holders to access future networks or consume future services.”
On the other hand, the document also argues that these tokens are not securities but, commercial products. In the white paper, an authorized sponsor’s regime was also summarized in which every ICO issuer, distributing or selling tokens in Gibraltar will require to hire a person who could oversee the sale and make sure that it follows the regulations. Ultimately, the release comes within a long-running procedure of creating regulatory limitations for the blockchain technology within the United Kingdom crown dependency.
Officials Point of View
In February, the representative of Gibraltar Financial Services Commission and Gibraltar Finance Centre said that the execution of the sponsorship scheme was just a part of their market-driven strategy for regulating ICOs and was just an attempt to avert a one-size-fits-all strategy. According to the document, the regime is definitely going to mean the market, but not the regulators. Also, it could define what a good token sale actually looks like.
In December, a blockchain-focused bill was passed by the legislators in Gibraltar and laid the basis for an ICO bill earlier, when an advisory was also issued back in September. It is also stated in the white paper that the Gibraltar Financial Services Commission (GFSC) will;
“Authorize and supervise secondary token market operators”
Also, it will establish;
“A public register of such operators.”
In addition to that, token-related investment guidance will be also regulated by the government, which includes;
- Generic advice
- Product-related advice
- Personal recommendations
The white paper also specifies that by the end of this year, Gibraltar will wrap up its blockchain-related governing. The paper also says;
“A draft Bill is expected to be ready by the end of March 2018. Draft Regulations for the promotion, sale and distribution of tokens should be ready in May 2018. The last of the three Regulations should be completed by the end of October 2018.”