In order to comply with the Patentthat regulates Digital Mining and Associated Processes No. 084-2020, published in the Official Gazette No. 41,969, dated September 21, 2020,the requirements for this activity were established, establishing in its article 1, the object of this, in this sense we quote verbatim the same:
Article 1. The purpose of this Ruling isto regulate the activities related to the use, import, commercialization of Digital Mining equipment, parts and pieces thereof, equipment and conditioning of spaces to offer the hosting service to Digital Mining equipment, including the manufacture, assembly, repair and improvements of such equipment, as well as that provide the digital mining service in the cloud. (emphasis added)
The rule shall regulate the following activities:
1. Use of Digital Mining equipment.
2. Import of Digital Mining equipment, parts and pieces.
3. Commercialization of Equipment, Parts and Pieces of Digital Mining.
4. Equipment and conditioning of spaces to offer the hosting service to Digital Mining equipment.
5. Manufacture, equipment and conditioning to offer the hosting service to Digital Mining equipment.
6. Assembly, repair and improvements of equipment, Digital Mining.
7. Digital mining service in the cloud.
That is, seven types of activities within the activity of digital mining, which are subject to the regulation of the standard.
On the other hand, in its article 2 establishes, who are subject to compliance with said rule, for this purpose we mention the article:
Scope of Application
Article 2. Subject to these regulations, natural or legal persons, public or private, communal councils, communes and other forms of organization of People’s Power domiciled in the territory of the Bolivarian Republic of Venezuela, who carry out activities inherent to Digital Mining and associated processes, within the framework of the Integral System of Cryptoassets and Related Activities. (emphasis added)
Those who are within the scope of application of the standard, as well as the activities indicated in the object must through the Integral Registry of Miners (RIM), process their license and certificates, according to what is indicated in articles 4, 8, 9 and 11:
Operating Licenses
Article 4. A license will be granted to the user who in the national territory intends to use, import, market with Digital Mining equipment their parts and pieces; equip and condition spaces to offer the hosting service to Digital Mining equipment; manufacture, assemble, repair and improve such equipment, as well as provide the cloud mining service.
For the purposes of granting the operations license, the userregistered, validated and updated in the Integral Registry of Services in Cryptoassets (RISEC), must comply with the requirements and collections established by the National Superintendence of Cryptoassets and Related Activities (SUNACRIP) through the RIM. (emphasis added)
According to the aforementioned article, the digital mining activities and associated processes that require a license are the following:
1. Use of Digital Mining equipment.
2. Import of Digital Mining equipment, parts and pieces.
3. Commercialization of Equipment, Parts and Pieces of Digital Mining.
4. Equipment and conditioning of spaces to offer the hosting service to Digital Mining equipment.
5. Manufacture, equipment and conditioning to offer the hosting service to Digital Mining equipment.
6. Assembly, repair and improvements of equipment, Digital Mining
7. Digital mining service in the cloud.
After examining the list of activities, when comparing it with the object of the standard, we would appreciate that the activities regulated in Article 1 all require licenses.
Article 8. The Integral Registry of Miners (RIM) is created, as a web application carried by the Intendancy responsible for the National Superintendence of Cryptoassets and Related Activities (SUNACRIP), made available to the user who have an interest in processing and managing an operating license framed in the activities related to the object of this ruling. (emphasis added)
When analyzing the RIM according to the law, we interpret that it will allow the user to select the type of license they wish to obtain, and thus generate the application from this platform providing the data and collections that it requires, make the payment online and have a history of their applications, as well as download the license online once approved.
Note that the Integral Registry of Miners (RIM), is not a document, but is simply the web portal that is made available to users to carry out their license application process.
The standard itself points it out and describes it as:
“… the Integral Registry of Miners (RIM), as a web application carried by the Intendancy responsible for the National Superintendence of Cryptoassets and Related Activities (SUNACRIP), made available to the user who have an interest in processing and managing anoperating license framed in the activities related to the object of this ruling.”
It should be noted that the standard indicates “manage some license … “,in this sense, already in the RISEC portal (https://risec.sunacrip.gob.ve/login), the RIM web service is deployed, below we indicate the licensing process:
1. Enter the SUNACRIP portal, select RISEC (https://risec.sunacrip.gob.ve/login
1.1 Access the RISEC with your email and password
3. Choose Digital Mining Service
4.Explanatory information on the steps to be followed will be displayed:
4.1 Deploy licenses (for now the certificate of use and technical service are active)
In accordance with article 9 of the standard, it establishes the granting of the licenses authorized, for this moment, which are:
1. Use of Digital Mining Equipment
2. Technical service
Licensing
Article 9. At the request of the user, the National Superintendence of Cryptoassets and Related Activities (SUNACRIP), will analyze and evaluate the data and collections provided through the RIM, and if appropriate will grant the license, within a period of twenty (20) business days, extendable for twenty (20) more days. The licenses issued only attribute the faculty to the requesting user and are not transferable. (emphasis added)
After the request has been made by the users, the respective license will be granted in a process of analysis and evaluation of the data and collections provided through the RIM, if appropriate, the respective license will be granted, within a period oftwenty (20) business days, extendable for twenty (20) more days. It should be noted that the license granted to the requesting user is non-transferable.
It is important to add that each license granted brings a series of attributes, that is, for what they are authorizing you as a user of the digital mining activity, for this purpose these attributes incorporated into the license in accordance with article 6 in accordance with article 23 of the Constituent Decree on the Integral System of Cryptoassets,dated January 30, 2019, Official Gazette No. 41,575, which we quote:
