ARTICLE
18 April 2023
Mondaq Thought Leadership Award Winner

EU Parliament Approves AML/CFT Rules For Crypto Industry

WP
WH Partners

Contributor

We are a law firm with a strong focus on assisting businesses fuelling the digital economy and not only in the territories we operate in. We have offices in Malta, Italy, Romania, and we operate Czech, Polish and UAE desks, as well as having a worldwide network of correspondent firms. We have a well-established practice advising clients on (in no particular order) fintech, gaming & gambling, corporate, M&A, tax, dispute resolution, corporate finance, intellectual property, data privacy and personal data processing, consumer protection & advertising, real estate, employment & immigration matters, sports, technology & media, competition & state aid. Our firm and several of our lawyers are highly ranked by Chambers & Partners, Legal 500, IFLR1000 and Who’s Who Legal.
The Members of the European Parliament (the "MEP"s) from the Economic and Monetary Affairs and Civil Liberties, Justice, and Home Affairs committees have recently...
Malta Government, Public Sector

The Members of the European Parliament (the "MEP"s) from the Economic and Monetary Affairs and Civil Liberties, Justice, and Home Affairs committees have recently approved a more stringent legislative package aimed at addressing money laundering, terrorist financing, and evasion of sanctions across the European Union (the "EU"), which among others will particularly impact crypto-asset market participants.

The new Anti-Money Laundering and Counter-Terrorism Financing (the "AML/CFT") legislative package contains three pieces of draft legislation as follows:

  • The EU "single rulebook" regulation;
  • The 6th Anti-Money Laundering ("AML directive");
  • The regulation establishing the European Anti-Money Laundering Authority ("AMLA").

Pursuant to the adopted texts, crypto-asset service providers ("CASP"s), as defined by long-awaited Markets in Crypto-Assets Regulation ("MiCA"), are proposed to fall within the scope of the new AML legislation as well as to be categorised as a type of in-scope financial institution and therefore, everything that applies to financial institutions, will apply to CASPs.

Furthermore, in comparison to MiCA, the new AML legislation covers Decentralized Finance ("DeFi") platforms as well as decentralized autonomous organizations ("DAO"), which will be obliged to comply if they provide crypto-asset services which are "controlled directly or indirectly, including through smart contracts or voting protocols, by identifiable natural and legal persons".

In addition, MEPs proposed to include Non-Fungible Tokens ("NFT"s) platforms within the scope of obliged entities and defined them as "persons providing services for the sale and purchase of unique and non-fungible crypto-assets".

As a result, the above-mentioned types of entities will be obliged to conduct customer due diligence checks, monitor transactions for suspicious activity and report any suspicious activity to the relevant authorities in the same way banks and other financial institutions presently do. Additionally, they will have to establish detailed types of risk of money laundering and terrorist financing and transmit the relevant information to a central register.

Another important implication introduced by the new AML/CFT legislative package is a proposal to set a limit of EUR 7,000 for cash payments and EUR 1,000 on anonymous crypto transactions i.e. transactions performed between self-custody wallets where the user cannot be identified.

Apart from the above, the MEPs also offer a ban on citizenship by investment schemes ("golden passports") and suggest imposing strong AML controls on residence by investment schemes ("golden visas").

The legislation still requires the European Council's approval before it becomes law. The negotiations on the final text of the new AML/CFT legislation are expected to start in April 2023 after a plenary session.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More