Binance Proposes Reporting Over Crypto Custody Ban in Brazil

The matter started after the Central Bank of Brazil included the idea of forbidding self-holding of crypto in its public consultation around crypto regulations.

In Brazil, crypto exchanges like Binance are showing concern over the Central Bank’s proposal to ban self-custody of stablecoins in digital wallets. These businesses feel that the ban is too harsh and could pose challenges for the burgeoning crypto sector in India.

Instead of a ban, they recommend having a reporting process for self-custody transactions. This matter came into light after the Central Bank of Brazil included the idea of forbidding self-holding of crypto in its public consultation around crypto regulations. As a result, people in the crypto community have been suggesting alternative options.

Reporting transactions is one of the most commonly supported ideas. This means companies would need to file stablecoin transactions to Brazil’s Financial Activities Control Council (Coaf), among other financial authorities. One of the world’s biggest crypto brokers, Binance, has made this alternative available.

Company officials stated that by reporting possible crimes, they can keep users’ identity safe without removing important features in related laws. They believe the Central Bank’s current proposal is too extreme. As a result, businesses may prefer to operate outside Brazil instead.

“This would reduce local competition and slow down the development of important new technologies. We are not in favor of banning self-custody. We believe that a reporting system would be a more balanced and effective approach to regulating this emerging industry and guiding it towards responsible use,” said Binance officials.

Legal experts are also expressing their opposition to the ban. According to Cesar Carvalho of Baptista Luz Advogados, the right to control one’s own property is protected by Brazilian law. He pointed out that forbidding it outright would be against the rules of Brazilian law and democracy.

“This measure seems to disregard the principles of proportionality and subsidiarity in administrative law. It also goes against the legal and democratic values that should guide public powers in their actions,” said Cesar.

He highlighted that there are already various tools and rules set up to prevent unlawful activity in the crypto market. For this reason, they focus on money laundering prevention, use the travel rule to pinpoint who a transaction is going to and rely on blockchain analysis tools.

Those working in crypto believe that self-custody can’t be banned because it’s vital to using cryptocurrencies. It enables users to manage their coins outside the control of exchanges. Although it requires more attention, it allows each person to keep their information safe.

Moreover, some executives questioned the proposal that added an extra step for sending digital assets to wallets not owned by citizens. They believe that this step could alter the way assets can be bought and sold by people in different countries.

“A Brazilian should be able to exchange their real into Bitcoin with anyone in the world at a fair price. If wallet transfers are restricted, the basic role of the market and its liquidity may suffer,” said Guilherme Sacamone, head of OKEx in Brazil.

Pointing out that stricter regulations could drive businesses to expand into countries with looser industry controls, he concluded: “These types of rules often serve to heavily burden companies that follow the law. In contrast, so-called ‘bad actors’ can continue their activities in the shadows without any problems.

“As a result, these measures may end up punishing the compliant while letting known offenders slip through the cracks.”

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