斯里兰卡电子货币监管框架分析:对未来可持续性和治理的建议

Sandun Hapugoda, C. Hewagamage
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引用次数: 0

摘要

“电子货币”,也被称为电子货币或数字货币,与其他形式的电子货币相比,其定义是不同的。储存价值或将货币价值储存在消费者拥有的电子设备上的预付费产品被视为电子货币产品。因此,典型的借记卡和信用卡、手机银行和互联网银行不属于电子货币的范畴。斯里兰卡没有针对电子货币的具体规定或指导方针。目前的电子货币业务主要受2011年针对银行主导的移动支付服务和基于托管账户的移动支付服务的第1号和第2号移动支付指引的监管。此外,这些业务还受到斯里兰卡其他几项与eMoney没有直接关系的法规的进一步影响。考虑到目前电子交易的趋势和增长,并与其他发达市场进行比较,斯里兰卡具有接受电子货币产品的潜力。因此,斯里兰卡有必要针对电子货币制定具体的立法和方向。本文详细分析了欧洲、日本、香港和肯尼亚等发达电子货币市场适用的现有当地法规和选定的国际标准。对地方法规进行了差距分析,与总结的国际最佳做法进行了比较,并提出了解决这些问题的建议。作为该文件的最后一部分,一个涵盖法规的框架包括八个关键方面,包括定义、发行人资格和审批流程、权威及其权力、客户加入和尽职调查、消费者和商户保护、操作指南和限制、争议处理和法律框架,制定了技术任务和互操作性,并为斯里兰卡的电子货币条例提出了包括持续监测和改进在内的五个主要组成部分的业务监管流程,以促进未来可持续性和治理。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Analysis of the Regulatory Framework for Electronic Money in Sri Lanka: Suggestions for Future Sustainability and Governance
“Electronic Money” which is also known as e-Money or Digital Money is distinguished by definition compared to other forms of electronic usage of money. Stored value or pre-paid products in which the monetary value is stored on an electronic device in the consumer’s possession are considered as electronic money products. Hence, typical debit and credit cards, mobile banking and Internet banking do not fall under e-Money classification. There are no specific regulations or guidelines issued for e-Money in Sri Lanka. Current e-Money operations are mainly governed by Mobile Payments Guidelines No. 1 and 2 of 2011 for Bank-led Mobile Payment Services and Custodian Account Based Mobile Payment Services, respectively. Also, these operations are further impacted by several other regulations in Sri Lanka which are not directly relevant to eMoney. Considering current trends and growth of electronic based transactions and comparing other developed markets, Sri Lanka has the potential of embracing electronic money products. Therefore, it is pertinent for Sri Lanka to develop specific legislations and directions for electronic money.This paper presents a detail analysis of applicable existing local regulations and selected international standards practiced in developed eMoney markets such as Europe, Japan, Hong Kong, and Kenya. Gap analysis for local regulation was conducted in comparison to the summarized international best practices and suggestions were developed in order to address them. As the final artifact of the paper, a framework covering the regulations with eight key aspects covering definitions, eligibility for issuers and process of approval, authority and their powers, customer onboarding and due diligence, consumer and merchant protection, operational guidelines and restrictions, dispute handling and legal framework, technology mandates and interoperability were developed and the operational regulatory process with five main components covering continuous monitoring and improvements were proposed for Electronic Money Regulations in Sri Lanka for Future Sustainability and Governance.
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