The South African Reserve Bank (SARB) and National Treasury published a Draft Crypto Assets Manual for cross-border transactions alongside proposed amendments to the Exchange Control Regulations of 1961 under draft Capital Flow Management Regulations in 2026. The draft Regulations and Manual are at the public consultation stage. The original comment deadline of 18 May 2026 was extended to 30 June 2026; final regulations have not yet been published.
The draft Capital Flow Management Regulations propose amending the Exchange Control Regulations of 1961 to address cross-border crypto asset transactions for the first time under that legislation. The Draft Crypto Assets Manual sets out the application process for designation as an Authorised Crypto Asset Service Provider (ACASP) under the SARB's Financial Surveillance Department. Designated providers would be authorized to process and report cross-border crypto asset transactions in accordance with conditions set by the Financial Surveillance Department. The draft Regulations also propose shifting from pre-approval of individual cross-border transactions to a reporting and surveillance model focused on high-impact and high-risk flows.
Crypto asset service providers transacting with South African residents face the most direct compliance planning burden. Existing Virtual Asset Service Providers (VASPs) licensed by the Financial Sector Conduct Authority (FSCA) and entities registered with the Financial Intelligence Centre (FIC) for anti-money laundering purposes must assess whether the proposed ACASP designation requirement adds obligations on top of existing licenses. Non-resident platforms routing transactions through South African residents must evaluate whether the proposed Regulations bring those transactions within the SARB's oversight perimeter.
The draft Regulations have not yet been finalized; cross-border crypto asset transactions remain governed by the Currency and Exchanges Act 9 of 1933 as administered by the SARB pending final regulations. The draft proposes a three-authority oversight structure covering the SARB for cross-border transaction controls and financial surveillance, the FSCA for VASP licensing, and the FIC for anti-money laundering registration; the draft does not merge these regimes but adds the ACASP designation layer on top. No public response document or final regulation timeline has been announced following the 30 June 2026 comment deadline.
Licentium advises on African digital asset regulatory matters, including South African VASP licensing, FSCA engagement, and SARB exchange control compliance. Work we undertake includes South African crypto asset regulatory assessments, ACASP designation analysis, exchange control compliance, multi-authority engagement across the SARB, FSCA, and FIC, and cross-border transaction structuring.