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Political agreement reached on the recast of the 2015 Funds Transfer Regulation and new EBA mandates

One year ago, the European Commission published an AML/CFT packageconsisting of 4 legislative proposals that once implemented will transform the Union’s legal and institutional AML/CFT framework.

One of these proposals is the recast of the 2015 Funds Transfer Regulation. This recast serves to bring the EU’s legal framework in line with the Financial Action Task Force (FATF) standards which extended the application of its Recommendation 16 to virtual asset service providers. It means that to ensure traceability, these entities, which will now be included in the regulatory perimeter by the Market in Crypto Assets Regulation, will have to include information about the originator and beneficiary of the crypto-assets transfers, just as PSPs/IPSPs currently do for wire transfers. This is known as the “travel rule”.

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date:  02/09/2022

On 29 June 2022, the co-legislators reached a provisional agreement on this regulation where they have mandated the EBA to set regulatory expectations on key aspects of the new regime. For example, the EBA is required to develop guidelines on the application of the travel rule and also guidelines on the systems and controls payment and crypto-asset service providers should put in place to comply with restrictive measures. The EBA expects to develop the Guidelines during 2023.