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Understanding the Penalties for Non-Compliance with VARA Rules

Understanding the Penalties for Non-Compliance with VARA Rules

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The Virtual Assets Regulatory Authority (VARA) enforces stringent regulations to maintain transparency, integrity, and compliance within the virtual asset industry in Dubai. Non-compliance with these rules can lead to severe consequences, including fines and other enforcement actions. Here's an overview of the key violations and penalties that entities operating within this jurisdiction should be aware of. 

Key Violations and Their Penalties 

No. 

Nature of Violation / Ground[s] for Issuance of Fine  

Indicative Fine Amount per Violation [AED]  

1. 

Breaking Anti-Money Laundering (AML) and Counter-Terrorism Financing (CFT) Rules: 


This includes Violation of AML/CFT and “know your customer” 

requirements [including, but not limited to, CDD] in—: 

  1. Regulations or Directives issued by any entity, including Virtual Asset Service Providers (VASPs). 

  1. Rules including, but not limited to those in the Compliance and Risk Rulebook (Part III),  by any VASPs. 

 

To be determined in accordance with applicable local and federal laws. 

2. 

Breaking Other Rules and Regulations: 

  1. Violating rules in the Compliance and Risk Management Rulebook [not covered in No. 1 above] or Market Conduct Rulebook. 

  1. Breaking regulations or directives related to market offenses, including but not limited to, VASPs. 

 

 

Any of the following penalties will apply: 

  1. For individuals: 

  • Up to AED 20,000,000 or 200% of profits gained/losses avoided, whichever is higher. 

  1. For any corporate Entity, the fine can be up to the highest of: 

  • AED 50,000,000, 

  • 15% of the corporate Entity’s annual revenue, or 

  • 300% of the profits gained or losses avoided (if greater than AED 50,000,000 or 15% of annual revenue). 

 

3. 

Violation of Regulations, Rules, or Directives not covered in No. 1 or No. 2 above by any Entity.  

4. 

A fine can be issued against an Entity under Regulations IX.C.1.a-e and IX.C.2.i for the following non-exhaustive violations: 

Unauthorized VA Activities.

Conducting Virtual Asset (VA) Activities without authorization and licensing by VARA, in violation of Regulation III.A.1. 

Improper Issuance of Virtual Assets:

Issuing a Virtual Asset in violation of Regulation II.A.1. 

Failure to Register:

Not meeting the mandatory registration requirement under Regulation IV.A.7. 

Misrepresentation:

Misleading the public by: 

  • Claiming a false relationship or engagement with VARA, or 
  • Claiming an ability to influence or accelerate the licensing process (including but not limited to, any violations of Regulation X). 

UBO Disclosure Violations:

Failing to meet Ultimate Beneficial Owner (UBO) disclosure requirements as outlined in the Regulations, Rules, or Directives. 

5. 

Failure to Pay Fines: 

Failure to pay the fine within any timeframe specified by VARA.  

An extra fine will  be issued, the amount of which shall accrue from when a fine is due at  1% per month (rounded up to the nearest whole month) for any unpaid amounts of the fine on a compounding basis until the initial and further fines are fully paid. 

 

Rely on the Expertise of AMCA! 

Navigating the complexities of VARA regulations can be challenging, but with AMCA's expertise in compliance and risk management, you can ensure your entity meets all regulatory requirements. Our team offers tailored advisory services, assistance in meeting AML/KYC standards, and support in mitigating risks of non-compliance. 

Take the First Step Today 


Secure your operations and safeguard your reputation. Reach out to AMCA for a personalized consultation on how to align with VARA's regulations. Empower your business to thrive in a compliant and secure virtual asset ecosystem. 

Schedule your 30-minute free consultation now! 

 

07 Feb 2025

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