Prohibited Persons Policy
Last updated May 18, 2022
You may not access, use or engage in any transaction on DXS (also referred to as “Service”) if you are:
- a U.S. PERSON;
- a citizen or resident of Canada;
- a citizen or resident of Seychelles;
- a citizen or resident of Switzerland;
- a citizen or resident of the UK;
- a citizen or resident of Algeria;
- a citizen or resident of Ecuador;
- a citizen or resident of Iran;
- a citizen or resident of Syria;
- a citizen or resident of North Korea;
- a citizen or resident of Sudan;
- a citizen or resident of United States Minor Outlying Islands;
- a citizen or resident of American Samoa;
- a citizen or resident of the Russian Federation;
- a citizen or resident of Saint Vincent and The Grenadines, Anguilla, Antigua and Barbuda, Dominica, Grenada, Montserrat, St. Kitts and Nevis and St. Lucia;
- a citizen or resident of territories where activity of Service shall be especially licensed, accredited or regulated by other ways;
- a citizen or resident of, government or government official of, or individual or entity in or subject to jurisdiction of, any PROHIBITED JURISDICTION; or a SANCTIONED PERSON.
The individuals and entities above are ”Prohibited Persons”. Other capitalized terms used above are defined below.
You may not hold, own or operate a wallet on the Service if you are a Prohibited Person or are owned or indirectly owned by a Prohibited Person. You may not operate a wallet on the Service or place an order or transact in a wallet on the Service for the financial or other benefit of a Prohibited Person.
YOU SHALL CHECK YOUR APPLICABLE LAW AND BE FULLY RESPONSIBLE FOR ANY NEGATIVE IMPACT ARISEN FROM YOUR RESIDENCE COUNTRY REGULATIONS. IF YOU ARE TRAVELLING TO ANY OF THESE COUNTRIES, YOU ACKNOWLEDGE THAT OUR SERVICES MAY BE UNAVAILABLE AND/OR BLOCKED IN SUCH COUNTRIES.
“U.S. Person” means (1) a U.S. citizen or resident, (2) a corporation, partnership, or other entity established or organized in or under the laws of the United States, (3) any estate of a decedent who was a citizen or a resident of the United States, (4) any trust if (i) a court within the United States is able to exercise primary supervision over the administration of the trust, and (ii) one or more United States Persons have the authority to control all substantial decisions of the trust, (5) any entity organized or incorporated outside the United States and the territories and insular possessions of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly (i) holds a 50 percent or greater equity interest by votes or value, (ii) holds a majority of seats or memberships on the board of directors of the entity, or (iii) authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the entity, or (6) any pension plan for the employees, officers or principals of a legal entity described in (2), unless the pension plan is primarily for foreign employees of such entity.
“Prohibited Jurisdiction” means any of Cuba, Democratic People’s Republic of Korea (North Korea), the Government of Venezuela, Iran, Syria or Crimea (a region of Ukraine annexed by the Russian Federation).
“Sanctioned Person” refers to any person, entity or digital tokens address that is: (a) specifically listed in any SANCTIONS LIST; or (ii) directly or indirectly owned 50 percent or more by any individual or entity or group of persons in the aggregate, or a digital tokens wallet associated with such individual(s) or entity(ies), referred to in any Sanctions List, or government or government official of any Prohibited Jurisdiction, and (iii) that is not subject to any government approval or otherwise not sanctioned, restricted, or penalized under applicable laws.
“Sanctions List” means the “Specially Designated Nationals and Blocked Persons” (“SDN”) List and the Non-SDN List, including, but not limited to, the “Sectoral Sanctions Identifications List”, published by Office of Foreign Assets Control of the U.S. Department of the Treasury; the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by the Financial Crimes Enforcement Network of the U.S. Department of the Treasury; and, any other foreign terrorist organization or other sanctioned, restricted, or debarred party list published by the Financial Investigation Authority of the British Virgin Islands, or under economic sanctions, anti-money laundering, or counterterrorism financing laws of or by governments of the United States, the British Virgin Islands, the Seychelles or the United Nations.