How to Issue Cryptocurrency in Dubai?

The Virtual Asset Issuance Rulebook is issued by the Virtual Asset Regulation Authority (VARA) as a requirement of the Virtual Assets (including Cryptocurrency) and Related Activities Regulations 2023. It contains the rules that all entities must follow in order to issue cryptocurrency in Dubai, including the registration requirements for issuing permitted virtual assets and the prior approval requirements for issuing all other virtual assets. VARA considers these rules as the foundation for regulating virtual assets issued by entities in Dubai and they are in addition to the regulation of virtual asset activities conducted in Dubai.

Any entity operating in Dubai that issues crypto assets as part of its business must comply with the requirements outlined in the Virtual Asset Issuance Rulebook.  VARA regulates the issuance of two types of crypto assets. Those that require information for issuance and those subject to approval for issuance.

1- Virtual Assets required to be registered with VARA

Permitted VAs. (not required approval)

1. Free & Non-Transferable Virtual Assets;
2. Non-Redeemable & Non-Transferable Virtual Assets; and
3. Redeemable Closed-Loop & Non-Transferable Virtual Assets.

The issuer of a permitted virtual asset must: register the whitepaper of the virtual asset with the Virtual Asset Regulation Authority (VARA) at least seven working days before its publication and adhere to all requirements outlined in the Virtual Asset Issuance Rulebook 

Issuing Anonymity-Enhanced Cryptocurrencies and all VA Activity[ies] related to them are prohibited in the Emirate

2- Virtual Assets subject to VARA approval

All cryptocurrency must be approved by VARA prior to being issued by an Entity in the Emirate except for Virtual Assets required to be registered with VARA

To obtain approval from the Virtual Asset Regulation Authority (VARA) to issue cryptocurrency in Dubai, an entity must provide all necessary information as requested by VARA during the approval process. This information may include, but is not limited to: 

1. The purpose and use of the virtual asset; 
2. The nature of the business and activities for which the virtual asset will be used;
3. The whitepaper; 
4. The identity, details, and ownership of the issuer, including a description of its experience and whether the issuer or relevant individuals have been involved in any claims related to dishonesty, fraud, financial crime, or offenses under laws regarding companies, banking, insolvency, money laundering, and insider dealing in the past ten years; 
5. The financing of the issuer’s business, including financial statements if any;
6. Whether issuing the virtual asset will be used for funding a business or other venture; 
7. How the proceeds or other consideration received from issuing the virtual asset will be used; 
8. Who will receive the proceeds or other consideration and what proportion they will receive; 
9. The risks related to the business and activities for which the virtual asset will be issued; and 
10. The governance structure or quality control plan for the business and activities, and the entities involved.

Once an Entity receives approval from VARA for issuing a Virtual Asset, it must abide by all the rules and requirements that VARA imposes on them.It’s important to note that an Issuer, who has received approval from VARA must obtain approval from VARA before making any significant changes to the approved Virtual Asset.

What should the whitepaper cover for Cryptocurrency in Dubai?

Before offering, selling, or distributing a Virtual Asset or cryptocurrency, the issuer must provide certain disclosures in a Whitepaper that is easily accessible and in a machine-readable format as required by VARA. These disclosures must include:

1. Information about the issuer and entities involved in designing, developing, offering, or marketing the Virtual Asset, including any individuals who have been convicted of dishonesty, fraud, financial crime, or offenses under laws related to companies, banking, insolvency, money laundering, and insider dealing. If permissible, the Whitepaper must also state if any individual is under investigation for such offenses.
2. A comprehensive description of the Virtual Asset being issued, including its features, uses, and other characteristics.
3. Detailed information on the rights and obligations attached to the Virtual Asset, including voting rights, rewards or value in kind, other financial or non-financial interests, and procedures for exercising these rights.
4. The intended use of any proceeds or consideration received by the issuer from issuing the crypto asset, such as fiat currencies, tangible assets, or other crypto assets.
5. An explanation of the issuance structure of the crypto asset, including the number of crypto assets to be issued, the issuance schedule, when all the crypto assets will be made available, and how many will be allocated or retained by the issuer.
6. If other entities such as licensed broker-dealers will be involved in the issuance, the Whitepaper must state whether they will be allocated Virtual Assets and how many.
7. Terms and conditions for holding the crypto asset, including any periods during which it cannot be used or redeemed.