BitMEX HK Restricted Jurisdiction Policy

BitMEX HK’s Services are for residents of Hong Kong SAR only. In addition, BitMEX HK does not provide Services to:

• US Persons (including, but not limited to, US Citizens and US Residents) nor to natural or legal persons located in, established in, or a citizen of Cuba, Iran, Syria, North Korea, Crimea and Sevastopol, Donetsk People’s Republic, Luhansk People’s Republic of Ukraine, Kherson Oblast and Zaporizhzhia Oblast. This means that if you hold a passport from, or are currently located in one of the previously mentioned jurisdictions, you are prohibited from opening an Account or otherwise accessing or using our Services and/or the Mobile App.
• Natural or legal persons residing in or established in Seychelles, Bermuda, Japan, and Canada. This means that if you are currently residing in one of these jurisdictions, you are prohibited from opening an Account or otherwise accessing or using our Services and/or the Mobile App.
• Russian citizens or residents, including such persons trading on behalf of any legal persons, who access our Services from the European Union, unless such customers are: residents in the European Union or Switzerland, or dual citizens of the European Union or Switzerland and reside outside Russia.
• Legal persons located in, or established in, Russia, whose traders access our Services from the European Union.
• If you would like any further information please contact [email protected].

US Person Definition

BitMEX HK determines a “US Person” to be any of the following:

a. Natural Persons

A natural person who:

1. Is a US citizen (a “US Citizen”), regardless of whether his / her place of residence is outside the US ; or
2. normally lives in the US (a “US Resident”), regardless of citizenship.

b. Legal persons organised or established in the US

Partnerships, trusts, and corporations organised or established under the laws of the US.

c. Legal persons not organised or established in the US where the Principal Place of Business is in the US

Partnerships, trusts, and corporations not organised or established under the laws of the US but where the location from which the officers, partners, or managers of the entity primarily direct, control, and coordinate an entity’s activities (the “Principal Place of Business”) is in the US.

d. Passive Investment Entities

Partnerships, trusts, and corporations incorporated under the laws of a non-US jurisdiction where the entity is principally a pool, investment company, or other entity formed principally for the purpose of facilitating passive investment by one or more persons, as opposed to an operating company (a “Passive Investment Entity“); and

1. Where the aggregate beneficial interest in the entity held by US Persons is 10% or more; or
2. Formed principally for the purpose of investing in unregistered securities or to facilitate investment by US Persons in a commodity pool or similar investment vehicle; or
3. Where the person who directs, controls, or coordinates the entity’s investment activities does so primarily from the US.

e. Trusts

A trust where:

1. Any trustee is a US Person, unless (i) the US Person trustee is a Professional Fiduciary, (ii) a trustee who is not a US Person has sole or shared investment discretion, and (iii) no beneficiary of the trust (or settlor, for revocable trusts) is a US Person; or
2. Its income is subject to US income tax; or
3. It is organised or established under the laws of the US or has its Principal Place of Business in the US.

f. Agencies and Branches

1. Any agency or branch of a US person; or
2. Any agency or branch of a non-US Person that is located in the US, where the agency or branch does not have an independent legal personality.

g. Discretionary / Non-Discretionary Accounts

1. A discretionary account (an account where a broker has the authority to make trades, buying or selling assets, in an investor’s account without the investor’s approval); or
2. non-discretionary account (an account where an investor determines which trades to make whilst buying or selling assets),

(other than an estate or trust) held for the benefit or account of a US Person.

h. Pension Plans

A pension plan that is:

1. For the employees, officers or principals of an entity organised or having its Principal Place of Business in the US; or
2. Organised or established under the laws of the US or has its Principal Place of Business in the US.

i. Estates

An estate where:

1. Any executor or administrator is a US Person; or
2. Its income is subject to US income tax; or
3. A Descendant of the estate was a resident of the US at the time of death.