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EU Expands AML Rules to Include Crypto, Tightening Oversight

By Jerry McNeill
Jan 18, 2024
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The European Banking Authority (EBA) has extended the European Union's anti-money laundering and counter-terrorism financing guidelines to include cryptocurrency companies. The updated guidelines, effective from December 30, 2023, aim to assist cryptoasset service providers (CASPs) in identifying financial crime risks related to their customers, products, delivery channels, and geographical locations. The EBA emphasizes the importance of these amendments in the EU's broader efforts against financial crime, seeking to standardize the approach for cryptocurrency firms across the union to combat money laundering and terrorist financing.

The guidance provides insights into how cryptocurrency companies should tailor their measures to address financial crime, including the potential use of blockchain analytics tools. The EBA's revisions specifically address risks associated with cryptocurrencies and cryptocurrency companies, offering guidance for financial institutions that either hold or provide services to these entities. Notably, the guidelines incorporate considerations for financial crime risk assessments related to features like anonymity-enhancing features, self-hosted wallets, decentralized platforms, and products facilitating transfers between different services.

In 2023, the EU finalized the Transfer of Funds Regulation (ToFR) governing cryptocurrency transfers and introduced the Markets in Crypto-Assets (MiCA) regulations, which cover a wide range of aspects related to crypto-assets. While MiCA's cryptocurrency investor protection measures are set to take effect in December, EU member states have the option to implement an 18-month transition period for CASPs, allowing them to operate without a license during this period.

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