Dear Australian Securities and Investments Commission,

I am submitting a Freedom of Information (FOI) request under the Freedom of Information Act 1982 to obtain documents, correspondence, and internal records from 1 January 2021 to present related to ASIC’s investigation, enforcement actions, and regulatory decisions concerning Bit Trade Pty Ltd (ACN 163 237 634), the operator of Kraken in Australia.

Scope of Request
1. ASIC’s Oversight of Bit Trade’s AFSL and External Dispute Resolution (EDR) Compliance
- Internal communications and assessments regarding Bit Trade’s non-membership in AFCA and whether this was considered a breach of s912A(1)(g) of the Corporations Act 2001 (Cth).
- Any exemptions, waivers, or regulatory determinations granted to Bit Trade regarding AFCA membership or alternative dispute resolution mechanisms.

2. Regulatory Decisions and Compliance Exemptions Beyond Publicly Announced Actions
- ASIC, ACCC, ASOC (Attorney-General’s Department), and Treasury correspondence discussing compliance waivers, exemptions, or regulatory relief granted to Bit Trade regarding AFSL obligations and consumer protection laws.
- Documents assessing whether Bit Trade’s terms of service and dispute resolution mechanisms contravene Australian Consumer Law (ACL) or the Competition and Consumer Act 2010 (Cth).
- Any formal or informal engagements between ASIC, ACCC, ASOC, and Treasury regarding Kraken/Bit Trade’s regulatory treatment, compliance approach, or enforcement priorities.

Yours faithfully
Lloyd Butler