The European Union (EU) is making greater efforts to prevent money laundering and terrorism financing. The European Banking Authority (EBA) announced new regulations for crypto-asset service providers (CASPs) on July 4. The effective date of these regulations is December 30, 2024.
EBA Travel Rule Guidelines for CASPs
Crypto-asset service providers (CASPs) and their middlemen are now covered by the EBA’s expanded Travel Rule regulations.
This action aims to improve the EU’s cryptocurrency industry’s Counter-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) initiatives.
The #EBA has just published new guidelines on the information that should accompany transfers of funds and certain crypto assets.
— EU Banking Authority – EBA 🇪🇺 (@EBA_News) July 4, 2024
🔗https://t.co/uNykQqOHwb pic.twitter.com/EwA6ZtYm8c
The EBA Travel Rule Guidelines mandate that all crypto exchanges operating within the EU comply with Regulation (EU) 2023/1113, which requires the collection and reporting of information on fund and crypto asset transfers. These guidelines, also known as the Travel Rule Guidelines, align with the Financial Action Task Force (FATF)’s standards.
The EBA guidelines are based on Article 36 of Regulation (EU) 2023/1113 and Article 19a(2) of Directive (EU) 2015/849, which specify the information that must accompany transfers of funds or crypto assets, including details about the originator and beneficiary.
The guidelines will replace the Joint Guidelines under Article 25 of Regulation (EU) 2015/847, which outlined measures for PSPs to detect and manage transfers of funds lacking required information.
The goal of these guidelines is to prevent, detect, and investigate money laundering and terrorist financing activities.
CASPs, as defined by the Markets in Crypto Assets (MiCA) regulation, must gather user data for transactions, identify service-related purchases, and detect potentially suspicious transfers.
They are also required to establish clear policies for handling multi-intermediated transactions and cross-border transfers.
The EBA guidelines outline the steps that payment service providers (PSPs), intermediary PSPs (IPSPs), and CASPs should take to detect missing or incomplete information and the actions to take if a transfer lacks the required details.
These guidelines mandate the EBA to issue guidelines to competent authorities, PSPs, and CASPs on measures to comply with certain aspects of the regulation, including technical aspects related to direct debits and identification and verification of the identity of the originator or beneficiary of transfers involving self-hosted addresses.
Financial Implications and Compliance
The EBA acknowledges that achieving compliance may financially strain crypto exchanges and service providers but expects the long-term benefits to outweigh the initial costs. The EBA stated,
“Overall, the benefits from these Guidelines are expected to outweigh potential costs, and these Guidelines are expected to contribute to making the fight against ML/TF more effective.”
Notably, crypto exchanges subject to the EU’s existing Anti-Money Laundering Directive (AMLD) or similar domestic AML/CFT regimes will continue to operate under those regulations.The Travel Rule Guidelines add a layer of compliance specifically targeting digital asset transactions, ensuring that CASPs adhere to the same stringent standards as traditional financial institutions. The new guidelines will become effective on December 30, 2024, marking a significant milestone in the EU’s efforts to combat financial crimes in digital assets.As governments worldwide tighten regulations on crypto exchanges, the industry is actively working on compliance measures.
We've teamed up with CCRI to release MiCA-compliant #sustainability indicators for the @Cardano Network, six months ahead of schedule. 🌍
— Cardano Foundation (@Cardano_CF) July 2, 2024
This initiative ensures regulatory compliance, transparency, and highlights the sustainability of the Cardano #blockchain. Learn more in our… pic.twitter.com/89RNciIlWE
For instance, the Cardano Foundation has aligned its sustainability indicators with the upcoming MiCA regulation, highlighting its energy-efficient consensus mechanism and commitment to transparency and accountability.
Similarly, Circle, the organization behind USDC stablecoin, became the first global stablecoin issuer to secure an Electronic Money Institution (EMI) license under the European Union’s Markets in Crypto Assets (MiCA) regulatory framework on July 1.