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Browse through our latest HKU FinTech Newsletter

Regulating Digital Currencies | Duke Law - Law & Contemporary Problems Vol #87.  This special issue features top experts in law and finance analyzing the regulatory, legal, and systematic impacts of digital currencies, financial innovation, and evolving global payment systems. LEARN MORE

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FINTECH: FINANCE, TECHNOLOGY AND REGULATION

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  • 1:48 - Syed Musheer Ahmed & Monica Jasuja: Swift’s Leap into Tokenized Finance

  • 6:12 - From Messaging to Money Movement: How Tokenization Is Driving the TradFi–DeFi Convergence

  • 10:50 - Beyond the Hype: Can Blockchain Fix Correspondent Banking and Deliver on Speed, Scale, and Inclusion?

  • 15:31 - Beyond the Hype: Can Tokenized Deposits and Stablecoins Bridge Web2 and Web3 for Real-World Impact?

  • 19:50 - Takeaways: Blockchain as the Next Internet Layer - and Why Speed of Adaptation Will Define Winners

  • 23:09 - M. Konrad Borowicz: Tackling Extraterritorial Frictions in Cross-Border Payments

  • 26:57 - The Patchwork of Cross-Border Payments and Why Law, Not Tech, Slows Us Down

  • 33:53 - Why No Single Model Solves Cross-Border Payment Frictions: Bilateral Links, Multilateral Hubs, and Direct Access Explained

  • 40:21 - Regional Payment Blocs: Why Global Utopia Is Unlikely and Legal Frictions Persist?

  • 43:53 - Parallel Payment Systems - Why Regionalization Won’t Mean Total Fragmentation

  • 48:32 - Why Sanctions Drive Regional Payment Blocs - and Why Legal and Tech Fixes Won’t Work?

  • 53:53 - AML vs. Data Privacy - The Challenge of Moving Client Data Across Borders

  • 1:00:48 - Can Legacy Institutions Keep Up with Payment Innovation?

  • 1:04:20 - Konrad’s Paper Compares Policy Experiments and Highlights Retail Cross-Border Payment Challenges

  • 1:06:14 - Crypto vs. Instant Payments - Why Stablecoins Face Bigger Compliance Challenges

  • 1:08:37 - The Medium Is the Message: Payments as Sovereignty Negotiations and the Promise of Instant Transfers

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Building Better Financial Systems

Top 10 law authors of full-text papers on SSRN with over 29,000 downloads in the last 12 months and 215,000 all time downloads.

Extraterritorial Frictions on Cross-Border Payments Laws // Spotlight on: Does Swift’s Recent Decision to Embrace the Blockchain Mean There’s No Barrier Between Traditional Finance and Decentralized Finance (DeFi)?

Ep #80 with M. Konrad Borowicz and Syed Musheer Ahmed & Monica Jasuja

Disclaimer: The views expressed in this podcast are solely those of the host and speakers.

 

Today’s podcast commences with a brief discussion with Syed Musheer Ahmed of FinStep Asia and Monica Jasuja of the Emerging Payments Association on a recent LinkedIn post1 of Musheer’s stating that the lines between traditional finance and decentralized finance, or DeFi, have not just blurred but have merged thanks to SWIFT’s announcement at its annual conference in late-September that it will add a Blockchain based ledger to its infrastructure stack to hasten and scale the benefits of across over 200 countries and territories worldwide.

Following that, we chat with finance and technology lawyer M. Konrad Borowicz, an assistant professor at Tilburg Institute for Law, Technology and Society in the Netherlands, about a paper he recently presented entitled “Extraterritorial Frictions in the Law of Cross-Border Payments”2 at the European Central Bank’s Legal Research Program seminar in Frankfurt.


Please see the links in the footnotes.

Syed Musheer Ahmed has over 18 years of extensive experience as an ecosystem builder in the realms of capital markets, fintech and virtual assets – including a decade as a global markets’ trader, prior to coming to Hong Kong to attain his MBA from the University of Hong Kong and London Business School’s joint program.

Since 2016, Musheer has contributed extensively to building the region’s fintech and virtual assets ecosystem, particularly as the co-founder, and as a concurrent board member and the inaugural general manager of the Fintech Association of Hong Kong.

 

For almost five years, he has been the managing director of FinStep Asia – a firm which he founded. In the interim, from October 2022 until January 2024, he served as a financial markets risk assurance lead with the Virtual Assets Regulatory Authority in Dubai.

Syed Musheer Ahmed - Follow on LinkedIn

Monica Jasuja is the chief expansion & innovation officer of the Emerging Payments Association Asia. She is a veteran digital business executive with over two decades of global experience in strategizing, defining, leading, building and deploying commercially viable innovative software products and solutions, primarily in financial services.

Monica Jasuja - Follow on LinkedIn

She has a passion for solving consumer problems in the areas of digital payments and consumer products – continuously learning to help businesses grow and disrupt, she says is “both my strength and a key driver.”

 

Monica is also an accomplished product leader, having managed multi-year strategic initiatives across the fields of design, development, deployment and go-to-market (primarily for the financial services sector). She has ample international exposure in markets such as the US, Singapore, Taiwan and India.

Since 2017, she has spearheaded a new vertical for large digital players, emerging fintech leading initiatives across sales, business development, product and other cross-functional areas (legal, marketing and policy) to create new revenue and expansion opportunities of payment rails across India.

M. Konrad Borowicz - Follow on LinkedIn

M. Konrad Borowicz is a finance and technology lawyer whose research focuses on the regulation of credit, payments and open data. Currently, he is an assistant professor at Tilburg Institute for Law, Technology and Society in the Netherlands, and a research coordinator at the Tilburg Law and Economics center.

He has held visiting research and teaching positions at HKU, FGV Sao Paulo in Brazil, and Nova University in Lisbon, Portugal. Konrad’s work has appeared in the Journal of Financial Regulation, Capital Markets Law Journal, and the New York University Journal of Law and Business, among other publications. He is currently developing together with Emanuel van Praag, a book on EU Payments Law and Regulation with Oxford University Press. Prior to coming to academia, Konrad was a finance lawyer at Ropes & Gray in London.

PODCAST DISCUSSION.   Why does the Swift organization’s action matter? The Swift network is used by over 11,500 financial institutions in more than 220 countries, making it the backbone of international finance. Essentially every corner of the world: “It facilitates the transfer of value between banks globally underpinned by its messaging service, and roughly every three days, the world’s GDP passes over their network.”

If a bank or financial institution already has Swift rails, they are likely to continue to leverage this TradFi institution – usually owned and run by the banks as a collective – to underpin their tokenized finance initiatives.” Swift and a group of more than 30 financial institutions globally will develop a shared digital ledger, with the initial focus on real-time 24/7 cross-border payments. Specifically, Swift will work with Consensys (founded by Cofounder of Ethereum) on a conceptual prototype of the ledger, which will leverage Swift’s unmatched resiliency, security and scalability to facilitate transactions using any form of regulated tokenized value. The initiative will see Swift partner up with Bank of America, Citigroup, NatWest and others to develop a shared digital ledger for tokenized assets, including stablecoins. It will combine straight-through processing and value+messaging capabilities on a single platform that is used by every major bank. The conversation starts with Musheer and Monica explaining why they believe the lines between TradFi and DeFi don’t mean as much anymore. They also talk about the stablecoin implications of Swift building its own blockchain to enable transactions between banks worldwide, with HKU’s Regulatory Ramblings host Ajay Shamdasani. Critics have dismissed correspondent banking as slow and outdated while praising stablecoins as faster and superior. But that narrative shifts the moment Swift brings blockchain into its rails – improvement. Separately, building on earlier pilots, Swift also will add capability to support interoperability across existing and emerging systems for various use cases. “Developments are part of Swift’s strategy to power a best-in-class experience through innovation on parallel tracks – upgrading existing rails while creating future digital rails to maximize infrastructure choice for the industry.” Monica and Musheer then share their thoughts on whether this can unlock interoperable tokenized bank deposits alongside other tokenized assets on SWIFT’s ledger. It is an open question as to whether the impact on global payments will be transformational or just a modification. We then turn to Konrad to discuss his recently written paper. It is currently under review at Law and Geoeconomics, and is closely related to the work done by HKU Law’s very own – and Regulatory Ramblings’ team leader – Prof. Douglas Arner – on the regionalization of payment systems. Konrad’s paper discusses the extraterritorial frictions arising when policymakers seek to reconcile the payment systems of different countries. The main areas of friction are settlement finality, data protection, AML and governance. In the paper, he proposes several institutional reforms aimed at reducing those frictions, namely – a model law on cross-border payment finality, narrowly tailored safe harbors for data sharing and an international payments forum under the auspices of august global bodies such as the Bank of International Settlements or the Financial Stability Board, though, as Ajay asks him: “Given that the BIS and FSB are legacy organizations that are slow to change, is that likely or prudent?” The abstract to Konrad’s paper reads: “In 2020, the G20 placed cross-border payments at the top of the global financial agenda, spurring experiments to make transfers faster, cheaper, and more inclusive. Many build on instant or fast payment systems (FPS), yet linking infrastructures is as much a legal and geopolitical challenge as a technological one. When systems interconnect, they project domestic law across borders, generating extraterritorial frictions and giving rise to sovereignty concerns. This article compares three models of FPS interlinking—bilateral links, multilateral hubs, and direct access arrangements—showing how each produces frictions around settlement finality, AML/CFT and sanctions compliance, data protection, and governance. It then considers various policy proposal aimed at reducing these frictions, such as prefunding of accounts and the use of privacy-enhancing technologies. The analysis shows that technical fixes cannot resolve the structural frictions of cross-border payments, supporting the view that payment infrastructures embody sovereignty and that integration will likely proceed through regional blocs rather than a single global framework.” He shares with Ajay why he chose to write his article now and what he thinks it adds to the existing literature on payments. Konrad elaborates on the three interlinking models of FPS — bilateral links, multilateral hubs, and direct access arrangements — delineated in his piece and discusses how each produces frictions around settlement finality, AML/CFT and sanctions compliance, data protection, and governance. Konrad acknowledges there are drawback to multilateral model and that harmonization of law is often impeded because everyone must agree to the rules, which comes up against sometimes rigid notions of sovereignty and regulatory ‘turf wars’ for some counties. He concludes by saying that regional payment blocks will likely be what the future holds – and how these different blocks will interact with each other will be key as improvements in regional payment infrastructures continue. “Regional payment blocks seem to be a way to circumvent sanctions, which are geopolitical weapons,” Konrad says. “That is why regional blocks will emerge, [because] people will disagree on what will be sanctioned. Ultimately, it is a political question, not a technical fix.”

Regulatory Ramblings podcasts is brought to you by The University of Hong Kong - Reg/Tech Lab, HKU-SCF Fintech Academy, Asia Global Institute, and HKU-edX Professional Certificate in Fintech, with support from the HKU Faculty of Law.

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Welcome to Regulatory Ramblings, a podcast from a team at The University of Hong Kong on the intersection of all things pertaining to finance, technology, law and regulation. Hosted by the HKU Reg/Tech Lab, HKU-Standard Chartered FinTech Academy Asia Global Institute, and the HKU-edX Professional Certificate in FinTech, join us as we hear from luminaries across multiple fields and professions as they share their candid thoughts in a stress-free environment - rather than the soundbites one typically hears from the mainstream press.

Regulatory Ramblings is a forum for those that appreciate long-form conversation. While it is something that may be regarded as lost art of an older time, it is nonetheless sorely needed in an age when glibness and flippancy pass for analysis in conventional journalism.

Having said that, we are grateful to be able to avail ourselves of modern technological resources to bring you chats with people you are probably not going to hear from elsewhere.

 

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Ajay Shamdasani is a veteran writer, editor and researcher based in Hong Kong. He holds an AB in history and government from Ripon College, JD and MIPCT degrees from the University of New Hampshire Franklin Pierce Law School, and an LLM in financial regulation from the Illinois Institute of Technology’s Chicago-Kent College of Law.

His 15-year long career as a financial and legal journalist began as deputy editor of A Plus magazine – the journal of the Hong Kong Institute of Certified Public Accountants. From there, he assumed the helm of Macau Business magazine as its editor-in-chief, and later, joined Asialaw magazine as its deputy editor.   More recently, he spent close to seven years as a senior correspondent with Thomson Reuters’ subscription-based trade-wire service Regulatory Intelligence/Compliance Complete (previously called Complinet) in Hong Kong. While there, he covered regulatory developments in that city, as well as Singapore, India and South Korea.

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