A comparative study of exposure to cryptocurrencies in the Iranian and American legal systems

دانشنامه حقوق اقتصادی

Volume 29, Issue 21, August 2022, Pages 150-184   

Document Type: Scientific research

DOI: 10.22067/economlaw.2022.77059.1184

Authors

Seyed Mohammad Mehdi Ghamami^{* 1}; Mohammadreza Alipoor²

¹Member of the Faculty of Public Law, Faculty of Law, Imam Sadiq University.

²PhD student in Public Law, Imam Sadiq University

Abstract

As a new generation of financial technologies, cryptocurrencies have been the source of change in the world for several years, and governments face different challenges in organizing them. It seems that Iran, despite the high financial transactions in this regard, is one of the countries that has not yet reached a precise and coherent decision to deal with this emerging phenomenon. On the other hand, the United States, as a country that has addressed this issue from different dimensions, has been considered by various researchers.
Therefore, the authors' question in this article is "What is the legal nature of cryptocurrencies in the legal system of Iran and the United States and how to manage it in the national monetary-banking system?" In this article, with a descriptive-analytical method, an attempt has been made to study the documents, legal principles and laws and regulations related to cryptocurrencies in the Iranian and American legal systems, to examine how this phenomenon is regulated in the two mentioned systems.
According to the achievements of this article, some cryptocurrencies are financial assets and some are money, which require different policies. On the other hand, the monetary-banking system must take the necessary measures to support the extractors of cryptocurrencies and to respect their rights in international currency transactions and exchanges, by observing certain requirements, including the prevention of money laundering.

Keywords

Blockchain; regulator; digital currency; cryptocurrency; money laundering

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