Article 2 Criteria for distinguishing a business relationship from an occasional transaction

Obliged entities shall, for the purpose of distinguishing a business relationship from an occasional transaction, at least take into account whether the customer has been granted ongoing access to services falling within the scope of the AML/CTF framework as a criterion when considering the element of duration included in the definition of a business relationship.

Obliged entities as defined in Article 3(3), points (a) to (d) and (l), of Regulation (EU) 2024/1624 shall, for the purpose of distinguishing a business relationship from an occasional transaction, at least take into account whether the provision of a service requires multiple actions carried out over a substantial period of time when considering the element of duration included in the definition of a business relationship.

Obliged entities as defined in Article 3(3), points (a) to (d) and (l), of Regulation (EU) 2024/1624 shall, for the purpose of distinguishing a business relationship from an occasional transaction, at least take into account the following criteria when considering the element of repetition included in the definition of a business relationship:

Obliged entities carrying out the activities of currency exchange offices (bureaux de change), obliged entities engaged in the activity of money remittance as defined in Article 4, point (22), of Directive (EU) 2015/2366 and obliged entities providing crypto-asset services as set out in Article 3(1), points (16)(c), (d) and (j), of Regulation (EU) 2023/1114 shall, for the purpose of distinguishing a business relationship from an occasional transaction, at least take into account carrying out three or more transactions within the last 12 months as a criterion when considering the element of repetition included in the definition of a business relationship.

Obliged entities as defined in Article 3(3), point (g), of Regulation (EU) 2024/1624 shall, when operating from physical premises for the purpose of distinguishing a business relationship from an occasional transaction, at least take into account engagement in the services of the provider through a voluntary membership scheme as a criterion when considering the element of repetition included in the definition of a business relationship.

Obliged entities as defined in Article 3(3), points (n) and (o), of Regulation (EU) 2024/1624 that are involved in the transfer of a football player shall, for the purpose of distinguishing a business relationship from an occasional transaction, at least take into account the existence of conditional obligations associated with the transfer as a criterion when considering the element of repetition or duration included in the definition of a business relationship.