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Europe's Latest Anti-Money Laundering Directive Equates Cryptocurrency with Traditional Finance

19 January 2024

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Team Skrill Network

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In a landmark move to combat financial crimes in the cryptocurrency sector, the European Union’s banking watchdog has extended its guidelines on money laundering and terrorist financing risk factors to crypto asset service providers (CASPs) within the 27-country bloc.

This is a crucial initiative by the European Banking Authority (EBA) that is working with the Financial Action Task Force (FATF) to aid the EU’s ongoing battle against illicit financial activities in the region. To achieve their goal, the regulators are mandating the introduction of secure licenses to companies that wish to secure, issue, and trade crypto assets, tokenized assets, and stablecoins among others.

As crypto assets are highly susceptible to misuse for criminal activities, the EBA’s recent guidelines strive to equip crypto firms with the necessary tools and awareness to identify and mitigate potential risks. The control measures mandated by the EBA factor in features such as concealed user identities and rapid crypto asset transfers to shed light on the many risks faced by CASPs.

These risks warrant a comprehensive understanding of cryptocurrency, which is why the EBA has released a list of factors highlighting the urgency for concerned firms to oversee risks of money laundering and terrorist financing.

 

Types of cryptocurrencies

(Image source: Corporate Compliance Insights)

 

EU Adopts Strict Regulations To Boost Crypto Adoption

 

In this context, all CASPs have been asked to review their customer base, geographical locations, product offerings, and delivery channels so they can detect vulnerabilities in their processes. The EBA has also urged CASPs to use blockchain analytics tools to modify their existing internal policies and control measures.

The new guidelines offer a roadmap for service providers to redesign their strategies based on the risk factors that have been identified. This will help create a safer crypto environment while also building a strong defense against potential fraudulent transactions. 

From January 2026 onwards, all CASPs in the EU will be required to record the names of both senders and receivers of crypto assets regardless of the transfer amount. Compliance reports are to be submitted by the companies within two months of guideline translation with implementation in effect from December 30. 

This strategic move by the EBA hopes to enhance the transparency and security of the crypto market while also addressing skepticism from traditional financial institutions.

 

Stack of bitcoins in the foreground against an EU flag backdrop

(Image source: Ledger Insights)

 

EU’s Approach Toward Risk-Free Crypto Environment

 

Since the financial sector is highly interconnected, the EBA’s guidelines have wider implications and will also apply to other credit institutions that may engage with CASPs or have exposure to crypto assets in general. The regulators explained how the risks actually increase when traditional institutions forge business relationships with unauthorized service providers. 

However, the good news is the EBA’s holistic approach is trying to provide a single cohesive strategy that can be implemented uniformly across the crypto landscape. Its guidelines for money laundering and terrorist financing risk factors bring all CASPs in the EU on the same page, unifying their approach to enforcing the groundbreaking strategy so financial crimes of all kind can be efficiently countered. 

The EBA believes this unification is important to set up a united front against any and every illegal transaction in the crypto space.

 

Illustration of hands getting a grip over cryptocurrency

Image source: Legal Bites

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Cryptocurrency
Bitcoin

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