FCA Guidelines For UK Cryptoasset Exchange And Custodial Services: What Businesses Need To Know

G
Gherson

Contributor

Founded in 1988 by Roger Gherson, Gherson Solicitors LLP was first established as a boutique immigration law firm based in London. Now servicing clients across all areas of immigration, international protection and human rights, white collar crime, sanctions, and civil litigation and arbitration, Gherson LLP’s offices continue to expand across Europe.

With over 35 years of experience, Gherson’s expertise extends from meeting the migration needs of international business people and UK-based companies to litigation in all UK jurisdictions and the European Court of Human Rights and the European Court of Justice.

An individual pled guilty to operating unregistered crypto ATMs in the UK, violating anti-money laundering regulations. This marks the FCA's first prosecution for unregistered cryptoasset activity, highlighting the need for compliance with evolving crypto regulations.
United Kingdom Technology

In a previous blog, we discussed the FCA's first criminal charges against an individual for alleged offences of running multiple crypto ATMs without FCA registration.

The FCA charged the individual with operating, without FCA registration, a network of crypto ATMs which had processed millions in crypto transactions within two years.

This marked the first attempted FCA prosecution against an individual relating to unregistered cryptoasset activity under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

Update

On 30 September 2024, it was reported that the individual pleaded guilty to illegally operating a network of crypto ATMs without FCA registration. These machines were likely used for money laundering and tax evasion offences.

What are the FCA registration requirements for cryptoassets?

UK anti-money laundering (AML) regulations can apply to UK crypto firms that provide exchange or custodian services for cryptoassets (e.g. a crypto ATM).

This is on the basis that the UK Government has transposed AML requirements relating to cryptoassets into national law.

A UK business providing the services of exchange and/or custody for cryptoassets will be subject to AML regulations. The AML regulations appoint the FCA as the supervisor of cryptoasset businesses for AML purposes, and businesses within scope will need to register with the FCA and comply with all regulatory requirements.

New powers for the seizure and recovery of cryptoassets

On 20 June 2024, we discussed how the FCA and London police arrested two people in connection with an alleged illegal cryptocurrency exchange worth more than £1 billion. The arrest followed searches of two properties.

The arrests came at a time UK authorities had been granted new powers in relation to the seizure and confiscation of cryptoassets. However, it is unclear whether these were used.

We have detailed these new powers in a series of articles:

Can UK law enforcement seize cryptoassets? – Gherson LLP

This is not the only big news this year relating to the investigations of crimes in connection with cryptoassets. On 20 March 2024, it was reported that the Crown Prosecution Service (CPS) had obtained the conviction of an individual for offences relating to money laundering. This followed the largest seizure by UK authorities of the cryptocurrency bitcoin.

Criminal investigations and litigation

Gherson's criminal litigation, regulatory and investigations team combine an expert knowledge of criminal and regulatory law underpinned with a firm understanding of cryptoassets and blockchain technology. The team is able to provide expert advice to who are concerned they may be the victim of cryptoasset theft.

Cryptoasset regulation and compliance

In these constantly changing times, firms that deal with cryptoassets, and additionally have exposure to firms that do, will need to carefully consider all their systems and controls to ensure that they are able to comply with all relevant AML and sanctions regulations. Gherson's white-collar crime and regulatory team are able to provide advice and assistance with AML and sanctions compliance, including in situations involving cryptoassets.

Additionally, the team has recently started a series on the regulation of crypto, with the aim of advising those who work in the compliance of this sector. In addition, for those who would like advice on relevant issues, including those who have had issues with the FCA registration process, our specialist regulatory and compliance team can guide individuals and companies through the process.

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.

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