TLDR:
- South Africa’s draft Capital Flow Management Regulations propose approval requirements for all crypto transactions above a set threshold.
- Luno is preparing a formal submission urging the National Treasury to classify locally held crypto assets as onshore assets.
- The draft rules require users to declare all crypto holdings within 30 days of the regulations taking effect in South Africa.
- Luno is collaborating with industry stakeholders to present a unified response aimed at shaping a fair and practical regulatory outcome.
Luno is calling for a fairer regulatory framework as South Africa’s National Treasury reviews its draft Capital Flow Management Regulations.
The proposed rules introduce new controls on crypto asset transactions, including approval requirements and declaration obligations.
Luno, a licensed crypto asset service provider in South Africa, has raised concerns about the practical effects these rules may have on everyday users.
The exchange is preparing a formal submission to the Treasury and is working alongside industry stakeholders to shape a more balanced outcome.
Why Luno Is Pushing Back on the Draft Rules
The draft regulations propose extending exchange control requirements to all crypto asset transactions. This goes beyond the traditional scope of South Africa’s existing capital flow rules. Ordinarily, such controls apply when capital moves across borders, not within the country itself.
Under the current proposal, any transaction to buy, sell, borrow, or lend crypto above a yet-to-be-determined threshold would need National Treasury approval.
This applies even to transactions between two parties located within South Africa. Luno argues that this level of oversight is disproportionate for domestic activity.
LunoGlobal has stated publicly that while it supports modernising the ageing exchange control framework, the current draft poses hurdles for everyday crypto users.
These hurdles, the exchange warns, could slow South Africa’s growth as a global fintech leader. Luno’s concern is that the rules create friction without adequate justification.
The exchange is now collaborating with other crypto industry players to build a collective response. The goal is to ensure that the industry’s voice carries weight in the Treasury’s final decision.
Luno believes a coordinated approach will lead to a more practical and fair outcome for all South African crypto users.
What Luno Wants and How Users Can Participate
At the centre of Luno’s advocacy is a specific classification request. The exchange wants crypto assets held on a licensed local provider to be treated as onshore assets.
This would mean such holdings do not count against offshore investment thresholds like the Single Discretionary Allowance or the Foreign Investment Allowance.
The draft also requires users to declare all crypto holdings within 30 days of the regulations coming into force. Users seeking transaction approval must also state the intended purpose of that transaction.
If the purpose changes, they may be required to sell their crypto assets, adding further complexity to routine activity.
Luno’s formal submission to the National Treasury will advocate for a framework that addresses illicit activity without burdening ordinary users.
The exchange has made clear that compliance and growth should not work against each other. A well-designed framework can achieve both, without unnecessary restrictions.
The public participation phase is currently open, and the Treasury has invited comment from all parties. Members of the public can submit their views by emailing the National Treasury directly.
The full draft regulations are available on the National Treasury’s official website for anyone wishing to review them before submitting comments.
