In discussing the merits and de-merits of cryptocurrency reminds us of the simple high school definition of money. Money is what money does. In other words, anything that is widely acceptable as medium of exchange can become money. Most cryptoprenuers in East Africa just want regulation.
By Moses Kulaba, Governance and Economic Policy Centre
@mkulaba2000 @cryptocurrency @monetary blog @teamMonetary
In our first policy brief we explored and untangled the socio-economic and macro-economic risks associated with Crypto currencies. We concluded that the skepticisms and scrutiny of crypto currency is well deserved but noted that the underlying technology behind it could be used to drive future monetary policy and financial inclusion. In this second part of our digital economic governance and monetary policy analytical series, we explore how governments can or may navigate around these latent risks to formalize and make cryptocurrencies safe and vehicle towards inclusive digital and financial economies. We suggest that regulation is required instead of total bans which are difficult to enforce and could be denying governments potential dividends.
Evolution of Money, currency and monetary policy in East Africa
In discussing the merits and de-merits of cryptocurrency reminds us of the simple high school definition of money. Money is what money does. In other words, anything that is widely acceptable as medium of exchange can become money. In monetary history, the definition and nature of money has always evolved based on the trust and what it can do. The emergency of crypto currencies in the 21st century perhaps unleashes yet another moment in history when money and monetary policy will be redefined for the future.
Just some few decades ago, the cowrie shell was the recognized legal tender and medium of exchange and trade along the East African coast. Europeans, Arabs and Portuguese used cowries as currency to control the valuable African trade routes and markets, along the coastline and its interior
Between 13th to the 20th century, Europeans, Arab traders and their African collaborators used Cowrie shells to buy services and precious goods such as salt, ivory, iron and gold and human beings as slaves. There are no records to show that minting machines existed and it is likely that these cowrie shells were perhaps picked along the coastline of the Indian oceans as these merchants landed to transact their business. Clearly, the cowrie shells were not regulated by any central bank or backed up with any valuable item such as gold, as we know today yet they continued to be a means of exchange and facilitated commerce in East Africa for more than 1000 years!
Potential dividends from blockchain and crypto currencies
There are many downsides to cryptocurrencies and the experience has so far not been good always but behind any technological innovation there could be some opportunity.
According to technology experts some of the rapidly evolving technology behind crypto, however, may ultimately hold greater promise. A new kind of multilateral platform driven by blockchain and crypto could improve cross-border payments, leveraging technological innovations for public policy objectives.
According to Forbes, the advantages of cryptocurrencies include cheaper and faster money transfers and decentralized systems that do not collapse at a single point of failure. Investors just need a computer or a smartphone with an internet connection to use cryptocurrency. There’s no identification verification, credit check, or background to open a cryptocurrency wallet. It is way faster and easier compared to old financial institutions. It also allows individuals to effortlessly make internet transactions or send funds to someone.[1]
With these advances, new payment technologies including tokenization, encryption, and programmability could define the future of monetary policy and public financial transactions.
Moreover, the private sector keeps innovating and customizing financial services. The public sector too just needs to match this pace by leveraging this available technology to upgrade its payment infrastructure and ensure interoperability, safety, and efficiency in digital finance.
Just a few years ago, the mobile money transfer and payment system-MPESA was none existent. When it was introduced by Safaricom, there was skepticism on the use of MPESA as money transfer and payment platform in Kenya and in East Africa yet over the last 20 years the MPESA mobile payment system has become the biggest financial technological innovation of the 21st century.
Today, MPESA is the largest mobile money platform, transacting billions of shillings per day and reaching millions of people across the continent. The system has been expanded to other service sectors such as health, education and food. They key takeaway from this technological breakthrough is that financial evolution is a continuous process and the concept of money will evolve for many years to come.
Is the imperative for crypto and a new monetary policy inevitable?
According to Amb Prof Ndemo Bitange[2], a renowned economist and Kenya’s Ambassador to Belgium & EU, contrary to the beliefs of sceptics, the penetration of crypto, development and adoption of Central Bank Digital Currencies (CBDCs) is an inevitable shift already underway.
This transformation is driven by changing business models and the increasing preference for alternative modes of payment over traditional cash. Reports from the Bank for International Settlements (BIS) affirm this trend and shed light on the ongoing efforts to shape the future of monetary policy and finance.
A CBDC is a digital or virtual form of a country fiat currency (such as USD, EUR and TZS) issued and regulated by a central bank. Their value is based on the government’s ability to maintain its value by controlling supply and demand, are used as a medium of exchange in transactions, and are considered legal tender within their respective countries.
Therefore, when issued, CBDC becomes a legal tender, analogous to physical notes and coins. Based on the literature, CBDC is thought to offer a range of benefits to the economy.
Central banks from various countries, including Canada, the European Union, Japan, Switzerland, England, Sweden, the Board of Governors of the Federal Reserve, and the Bank for International Settlements, play a crucial role in developing the foundational principles and core feature of CBDCs.
These institutions have conducted extensive research and produced valuable reports on key aspects of CBDC implementation. They acknowledge that the evolution of money is inevitable given the increasing digitalization of economies, rapidly changing user needs and the transformative impact of innovation on financial services.
Furthermore, the use of cash for transactions is declining in many jurisdictions, while non-bank private sector entities are introducing new forms of digital money, such as stablecoins. These developments highlight the need for central banks to adapt and explore how they can fulfil their public policy objectives in a rapidly changing financial landscape.
Prof Ndemo cautions however cautions that while preparations for CBDCs are underway in the global north, discussions and plans for adopting digital currencies in the south are still frozen. This disparity could lead to capacity issues and challenges for countries in the south as they try to catch up with the rest of the world during CBDC adoption.
Trends towards crypto regulation and future monetary policy in EAC
Regulation and regularization of cryptocurrencies in East Africa has been a basket of mixed goods, ranging from caution, total bans to a move towards regulation and potential new monetary policy covering digital currencies.
Tanzania currently does not have specific regulations or legislation governing digital currencies. The use of cryptocurrencies is still relatively banned, and the only accepted legal tender is the Tanzanian Shillings.
However, in January 2023, the Bank of Tanzania adopted a phased, cautious and risk-based approach to adoption of CBDCs, [3] setting in motion a potential road towards a new monetary policy terrain in the country.
This followed among others recognition despite the restrictions, mining and transacting in crypto currencies was popular widely used amongst many youths in Tanzania. The Bank of Tanzania had been researching and exploring potentiality of issuance of its CBDC. At this research stage, the Bank of Tanzania had formed a multidisciplinary technical team to examine practical aspects of CBDC and building capacity to the team in various ways.
The key considerations during this research stage involved choosing a suitable approach to CBDC adoption based on Tanzania context. This included type of CBDC to be issued (wholesale, retail or both), models for issuance and management (direct, indirect, or hybrid), form of CBDC (token-based or account-based), instrument design (remunerated or non-remunerated) and degree of anonymity or traceability.
A particular attention was paid on risks and controls associated with issuance, distribution, counterfeit and usage of currencies. The outcome of the research at this point revealed that more than 100 countries in the world are at different stages of the CBDC adoption journey with 88 at research, 20 proof of concept, 13 pilot and 3 at launch. Analysis of these findings indicate that majority of central bankers across the world had taken a cautionary approach in the CBDC implementation roadmap, in order to avoid any potential risks that can disrupt financial stability of their economies.
Further, it was observed that, 6 countries had cancelled their CBDC adoption mainly due to structural and technological challenges in the implementation phase. The structural challenges included dominance of cash in making transactions and existence of inefficient payment systems, high implementation cost and risk of disrupting existing ecosystem.
Accordingly, to the government, the Bank of Tanzania would continue to monitor, research and collaborate with stakeholders, including other central banks, in the efforts to arrive at a suitable and appropriate use and technology for issuance of Tanzanian shillings in digital form.
Tanzania’s announcement was a pioneering move in a region whose governments have remained both non-committal but largely hostile in equal measures towards digital currencies.
In Kenya, cryptocurrency is technically legal, with no specific laws or regulations prohibiting its use or possession. However, it is not recognized as legal tender or an asset. The Central Bank of Kenya has issued warnings without specified penalties and has expressly forbidden financial institutions and payment service providers from doing business with Web3 businesses that ‘trade cryptocurrencies.’ Existing regulations are not well-communicated, and a clear legal framework is lacking.
Despite the warnings, transacting in crypto thrives and there is appetite amongst young people and online investors. Media reports suggest that overall, there are an estimated 2.7 million to 4 million cryptocurrency owners in Kenya, representing approximately 5% to 9% of the country’s populations.
On Umoja Lab’s BRAF (Blockchain Regulatory Assessment Framework), Kenya is rated a 40.63 out of 100, indicating that it is a “Developing Regulatory Environment” that is becoming clearer on where blockchain technology and cryptocurrency should go with regards to the need for regulation and expected compliance measures for crypto companies.
In 2023, the government found difficulties in prosecuting the directors of an online cryptocurrency company called One Coin. OneCoin company was accused of transacting illegally millions of Kenya shillings and duping Kenyans with a pay of Ksh7000 in exchange for their eye iris scan and biodata.
The company promised participants, among others, opportunities for making a fortune thereafter in crypto assets, a promise that never was. According to the Central Bank of Kenya, Onecoin was never registered to operate in Kenya yet it registered thousands and transacted millions without detection.
Its co-founder, Karl Sebastian Green Wood also known as the ‘Cryptoqueen,” was arrested and sentenced to 20 years in prison for his orchestration of the massive OneCoin fraud scheme in the US and globally. Her co-founder Ruja Imatova disappeared since 2017 and it is not clear whether she is dead or alive. The Kenyan Onecoin case is not fully settled yet, bringing to light the importance of proper regulation.
Kenya Case law as cited by Justice M.W Mungai under the case of Wiseman Talent Ventures vs. Capital Markets Authority of Kenya (2019) has placed regulation of crypto currencies by the Capital Markets Authority under the ambits of Section 2 & 11 of Capital Markets Act
Uganda does not recognize crypto-currency as a legal tender and in October 2019 the Minister of Finance, Planning and Economic Development issued a public statement to that effect.
However, in recent years there has been increasing calls from stakeholders for the country to regulate digital currencies. According to a USAID funded research by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), as technology continues to reposition itself around societal needs, at a fast pace, more countries around the globe are embracing and creating avenues for the use of cryptocurrencies within their local environments. Uganda should not be caught at the tail end of this drive and neither should it wait out the process of strategically positioning itself in the electronic commerce domain[4].
While back in 2011, Cyber-related legislation was passed to cater for the emerging digital landscape in Uganda. This failed to cater for crypto-currencies, despite recognizing a huge volume of online financial transactions.
CSO demand for clarity on the government position on use of cryptocurrencies; and suggests that Uganda should work with regional and international partners on establishment of an international treaty, as well as international collaborative measures in addressing cryptocurrencies.
In Rwanda, the government has banned banks from facilitating crypto transactions, however many locals are hopeful that Rwanda’s crypto scene will blossom on the back of a digitalizing economy.
Despite the bans, many young Rwandese are still cracking the webs to mine the crypto dimes and the appeal for regulation instead of criminalization and total ban is equally on.
Generally, we are yet to see some shifts towards regulation or regularization of cryptocurrencies in the other East Africa countries such the DRC and Somalia. Both policy and regulation are still blurred, exposing many to the risks but equally government missing out on the potential dividends that come with crypto and block chain-based technologies. It is for this reasons that a new monetary policy and regulation is required across the EAC.
Key policy recommendations to address cryptocurrency risks and future monetary policy
# Governments through Ministries of Finance and Central Banks must map existing crypto platforms and extent of penetration. Kenya and Tanzania are so far reported as having the largest number of crypto entrepreneurs and transaction volumes in East Africa. These statistics are however not official. Like in Uganda and Rwanda, governments are yet to determine the detailed extent of penetration and impact in the form of self-employed jobs.
# Governments must assess the potential economic contributions to the economy in the form of financial inclusion, employment and facilitation of investment. Nigeria was the first to launch the e-naira but so far, no concrete assessment has been done to establish its success and why it failed. Government let studies on the potential economic benefits from crypto are non-publicly existent.
# Set up clear regulation (Policy and legislative)-To avoid ambiguities, fraud, money laundering for criminal enterprise, tax evasion and disruption of the formal financial systems. In our (Governance and Economic Policy Centre) interviews with crypto entrepreneurs, genuine traders who transact legitimate business exist, and just want to be regulated not banned. The IMF and other institutions can offer support to EAC governments on building secure platforms while governments build their capacities to regulate and monitor transactions.
# Institutionalization of CBDC trading and clearing houses for crypto currencies. Tanzania may have taken a positive stride; however, this has to be followed with other supportive infrastructure such as a policy ambit and platforms for trading and exchange. A concomitant supportive monetary policy can go a long way in addressing some of the challenges and lacunas currently faced by both government and digital currency entrepreneurs.
# Explore, scaleup and leverage the opportunities that blockchain and crypto technology can offer in other sectors such as health, education and governance. In Kenya, it was reported that blockchain technology was used to secure the 2022 general elections voting and election results systems.
As global reports show, the penetration of cryptocurrency continues to take shape and without regulation the risks and exposure to the criminal abuse could increase. It is imperative that the public and private sectors work together to ensure that users can transact safely, and that criminals can’t abuse these new assets. So far the regulatory framework exists that can be used as a basis towards a new monetary policy and proper regulation and regularization.
With surging unemployment rates and a bulging tech-savy and connected youth population, online financial trading in digital currencies could increase financial inclusion, cause a digital economic revolution and penetration in the EAC countries, producing dividends in the form of jobs, employment and incomes. That is why future monetary policy must be aligned to the current and future technology and currency trends.
[1] https://www.forbes.com/advisor/in/investing/cryptocurrency/advantages-of-cryptocurrency/
[2] Amb Prof Ndemo Bitange; Exploring the future of banking with CBDCs, a blog post on his personal Linkedin page, July 15, 2023
[3] https://www.bot.go.tz/Adverts/PressRelease/en/2023011413181519.pdf
[4] https://cipesa.org/wp-content/files/briefs/Crypto_Currency_Regulation_and_Implications_on_CSOs_in_Uganda_Policy_Brief.pdf