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Combating money laundering and terrorist financing: the AMF applies the guidelines issued by the European Banking Authority regarding certain transfers of crypto-assets
19 December 2024

Combating money laundering and terrorist financing: the AMF applies the guidelines issued by the European Banking Authority regarding certain transfers of crypto-assets

The Autorité des Marchés Financiers (AMF) publishes the position DOC-2024-08 to incorporate the guidelines of the European Banking Authority (EBA) on information requirements in relation to certain crypto-assets transfers (Travel rules guidelines).

Context

On 4 July 2024, the EBA published guidelines which aims to clarify certain requirements of Regulation (EU) 2023/1113 on information accompanying transfers of funds and certain crypto-assets (“TFR II”) regarding information on transfers of crypto-assets.

TFR II, which will enter into application on 30 December 2024, is a recast version of Regulation (EU) 2015/847 (“TFR”). It forms part of the new European legislative package on combating money laundering and terrorist financing. Its main contributions are to extend the obligations arising from the TFR to transfers of crypto-assets and to amend Directive (EU) 2015/849 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing to subject crypto-asset service providers to European anti-money laundering and counter-terrorist financing rules.

TFR II therefore sets the rules which apply to crypto-asset service providers established in the European Union and involved in the transfer of crypto-assets, both regarding the information on the originators and beneficiaries of crypto-assets which must accompany transfers of crypto-assets throughout the chain, and to the policies, procedures and internal controls designed to ensure the implementation of national or European restrictive measures under economic and financial sanctions regimes.

Application of the Guidelines

The AMF has incorporated these guidelines, which apply from 30 December 2024, in its new position DOC-2024-08.

The AMF applies these guidelines in its supervision of the crypto-asset service providers under its jurisdiction pursuant to ordinance 2024-397 of 15 October 2024.

The AMF also applies these guidelines to those digital asset service providers (DASPs) under its supervision covered by the transitional period established by Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets (“MICA”), which will end on 1 July 2026.

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