Legal Status of Crypto BTC Wallet
Crypto wallets are interfaces for storing and transferring cryptocurrencies. There are different types of wallets depending on the technology used, place and method of value storage and other criteria.
According to Section 4.2 of the "Regulation on Business Models Using Convertible Virtual Currencies FIN-2019-G001" issued by FinCEN on May 9, 2019, hereinafter (FinCEN Regulation), the regulatory treatment of crypto wallet providers depends on four criteria:
(a) Who owns the values;
(b) Where the values are stored;
(c) whether the owner interacts directly with the payment system in which the cryptocurrency is traded; and
(d) Whether the person acting as an intermediary has fully independent control over the valuables.
Hosted wallet providers are financial service providers (money transmitters) that receive, store, and transmit cryptocurrencies on behalf of their account holders, typically interacting with them through websites or mobile applications. In this business model, the money transmitter is the host, the account is the wallet, and the account holder is the wallet owner (FinCEN Regulation 4.2.1)
In addition,
(a) Valuables belong to the owner;
(b) The value may be stored in the wallet or represented as a record in the host account;
(c) The holder interacts directly with the host and not with a payment processor; and
(d) the host has complete independent control over the valuables (although it is contractually obliged to access the valuables only on the instructions of the owner).
The custodial wallet provider (host) must follow procedures for identifying, verifying, and controlling both the identity of the user and the user's profile, in accordance with the AML program (FinCEN Regulation 4.2.1).
Non-hosted wallets are software hosted on a person's computer, phone, or other device that allows them to store and conduct transactions with cryptocurrencies. Non-hosted wallets do not require an additional third party to conduct transactions.
In the case of single-signature non-hosted wallets,
(A) the values are (by definition) the property of the owner and stored in the wallet, while
(B) the owner interacts directly with the payment system and has complete independent control over the valuables.
To the extent that a person conducting a transaction through a non-hosted wallet does so to purchase goods or services on the user's own behalf, providers of such wallets are not financial service providers (FinCEN Regulation 4.2.1).
In accordance with Section 48 of the "Risk-Based Approach Guidance. Virtual Assets and Virtual Asset Transfer Service Providers" issued by the FATF in June 2019, the FATF does not regulate persons or entities that provide ancillary services, including manufacturers of wallets where the key is not held by third parties.
Crypto BTC Wallet is an online service (software) that provides integration between different providers and the blockchain, allowing the user to conduct transactions with cryptocurrencies.
This service, which does not have access to the user's assets and passwords, does not participate in or influence transactions. Crypto BTC Wallet falls under all of the above attributes of non-hosted wallets, it is not subject to regulatory requirements, and the Company - provider of the wallet is not a financial service provider. Thus, this wallet is not a product that provides cryptocurrency exchange services or carries out other activities in the field of cryptocurrencies.