Key Insights:

• Gemini follows Binance, exiting the Netherlands due to heightened regulatory challenges.
• The exchange remains hopeful, aiming for a return post-MiCA regulatory alignment.
• The Dutch crypto scene evolves, with firms like eToro and Crypto.com successfully navigating the regulatory maze.

The Netherlands, spearheading the enforcement of the 5th Anti-Money Laundering Directive (5AMLD) among European Union member states, continues to witness a reshaping of its cryptocurrency market. The latest development involves the prominent cryptocurrency exchange Gemini announcing a halt to its operations in the country, citing escalating regulatory challenges as the core reason.

In an official communication released on September 26, Gemini conveyed its intention to suspend its services in the country effective November 17, 2023. This revelation follows a similar retreat by Binance, which also attributed its exit to the growing regulatory constraints within the country.

Stringent Regulations Prompt a Temporary Goodbye

Gemini’s decision to withdraw from the Dutch market is deeply intertwined with the stringent regulatory conditions imposed by De Nederlandsche Bank (DNB). The company has indicated its commitment to adhering to regulatory norms globally and has articulated its plan to re-enter the Dutch market once it gains full regulatory approval in alignment with the Markets in Crypto-Assets Regulation (MiCA).

The firm emphasized its ongoing commitment to global regulatory collaboration and prioritization of ensuring full compliance with the evolving EU directives on cryptocurrencies. “We aspire to re-offer crypto-asset services to our Dutch clients in the future, adhering to the requisite compliance protocols,” highlighted Gemini.

The Puzzling Regulatory Landscape of Cryptocurrency in The Netherlands

The Netherlands has been pioneering in implementing cryptocurrency regulations, mandating crypto companies to adhere to the 5AMLD, thereby requiring Virtual Asset Service Providers (VASPs) to disclose extensive information about themselves and their clientele.

In November 2020, the regulatory authorities mandated VASPs to adhere to enhanced verification processes involving confirming beneficial ownership and verifying Bitcoin wallet ownership before transaction finalization. However, these stringent requirements were somewhat relaxed in May 2021, recognizing the need for a more balanced, risk-based approach to Anti-Money Laundering (AML) compliance.

The regulatory dynamics in the Netherlands gained notable momentum when Binance withdrew its services from the country in July, stemming from its inability to secure a VASP license from the DNB, reinforcing the uncompromising regulatory stance in the country.

Coinbase, another significant player, experienced regulatory repercussions earlier this year, receiving a fine for operating without adequate authorization. However, the company managed to rectify its status and is now licensed to work legally in the region.

Gemini has urged its users to empty their accounts by the deadline, suggesting Bitvavo as a suitable local alternative due to its registration under DNB jurisdictions. However, the choice is ultimately in the hands of the users, who can select their preferred platform or wallet for asset transfers.

Despite the regulatory headwinds, exchanges like Crypto.com, BitPay, and eToro have successfully navigated the Dutch regulatory labyrinth, acquiring licenses to operate legally within the country.