DeFi protocol frontend in Eswatini

An investment of money or assets: The investor commits capital to acquire the token.

In a common enterprise: The investment is pooled with others, or the value of the token is tied to a broader project or business venture managed by others.

With an expectation of profits: The investor anticipates financial gain (e.g., capital appreciation, dividends, revenue sharing, or other forms of return) from holding the token.

Derived solely or substantially from the efforts of others: The profits are expected to come from the managerial or entrepreneurial efforts of a third party (the issuer, promoter, or other entities), rather than the investor's own efforts.

Security Tokens: These are tokens explicitly designed to represent traditional financial instruments.

Licensing: Issuers, promoters, or financial intermediaries involved in offering or distributing securities may need to be licensed by the FSRA as financial services providers (e.g., investment advisors, brokers, collective investment scheme managers).

Prospectus Requirements: For public offerings of securities, a comprehensive prospectus must be prepared and registered with the FSRA. This prospectus must disclose all material information relevant to the investment, risks, and the issuer.

Licensed Trading Platforms: Trading would likely need to occur on an exchange or platform licensed and regulated by the FSRA as a securities exchange. Unregulated trading platforms would be illegal for securities.

AML/CFT Registration: Eswatini, as a member of the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG), is committed to implementing FATF standards. This typically means that VASPs, including those providing custody, are required to be registered or licensed with the FIU or a designated authority for AML/CFT compliance. This registration focuses on identifying the VASP, its beneficial owners, and ensuring it has robust AML/CFT policies and procedures.

Prevention of Organised Crime Act (POCA) & FIU Act: The primary legislation addressing AML/CFT in Eswatini includes the Prevention of Organised Crime Act and the Financial Intelligence Unit Act. These acts, along with their accompanying regulations, are the most likely place where definitions of "virtual assets" and "VASPs" and their reporting obligations would be found. While specific details on custody per se might be absent, the entity providing custody would be subject to VASP AML/CFT obligations.

FATF Recommendations: Eswatini, through its membership in ESAAMLG, is expected to continue enhancing its legal framework to fully comply with FATF Recommendation 15 on new technologies and Virtual Asset Service Providers (VASPs). This implies that future amendments or new regulations could introduce more specific requirements for VASPs, which might eventually encompass more detailed aspects of custody.

Recommendation 15 (New Technologies): Specifically applies AML/CFT obligations to VASPs, including the obligation to implement sanctions screening.

Recommendation 6 (Targeted Financial Sanctions): Requires countries to implement targeted financial sanctions related to terrorism and WMD proliferation without delay.

United Nations (UN) Sanctions:

ISIL (Da'esh) & Al-Qaida Sanctions List: Maintained by the 1267/1989/2253 Committee.

Taliban Sanctions List: Maintained by the 1988 Committee.

Other UN Sanctions Regimes: Pertaining to specific countries (e.g., Democratic People's Republic of Korea, Iran, Libya, Yemen, etc.) and individuals/entities associated with violations of peace and security.

Legal Basis in Eswatini: Eswatini's AML/CFT laws, notably the Prevention of Organised Crime Act, 2018, and the Money Laundering and Financing of Terrorism (Prevention) Act, 2011 (as amended), mandate compliance with these international obligations. The Financial Intelligence Unit (FIU) of Eswatini is responsible for ensuring the implementation of these measures.

U.S. Sanctions (OFAC):

Jurisdictional Nexus: A VASP in Eswatini becomes subject to OFAC sanctions if:

Central Bank of Eswatini (CBE) Public Statement on Virtual Assets (Cryptocurrencies)

Date: January 28, 2021 (This statement set the initial tone for recent years)

Outcome: Cautioned the public about the risks of virtual assets, stated that they are not legal tender, and advised financial institutions to exercise extreme caution in dealing with virtual assets, warning that they are not currently regulated in Eswatini.