1. from the perspective of the financial compliance system, CoinJoins are money laundering (an overt act to conceal the source or destination of funds).
2. Yes, Kraken removes Monero from Europe and...
Bottom line is you will eventually be in the same boat as coinjoined bitcoin. Just because you can argue it's not overt does not protect you. You either need a massive sea change in the way privacy is viewed or you need a circular economy to spend in.
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