The dark side of digital art: Money laundering risks and regulatory challenges in South Africa’s non-fungible token market

Abstract

The rapid adoption of Non-Fungible Tokens (NFTs) has revolutionised the digital art and collectibles markets. NFTs present novel opportunities for creators and investors alike. However, with such opportunities also comes the risk of money laundering through NFTs. The South African digital art market has not been spared from the rising phenomenon of NFTs. This rising phenomenon has brought with it questions regarding whether the South African anti-money laundering (AML) regime can adequately counter the challenge of money laundering through NFTs. This is particularly so if one considers that, generally, the AML regulatory framework for NFTs is still nascent, not only in South Africa, but also globally. Thus, this contribution comparatively examines the AML regulation of NFTs in South Africa to establish the adequacy and efficacy of the country’s AML regime. The paper concludes that while NFTs are still new, they can be dealt with under the blanket regulation for crypto assets and in specific use cases, AML regulations may be applied to them.