Source: OJ L 150, 9.6.2023, pp. 1–39Current language: EN
- Anti-money laundering
Basic legislative acts
- Transfer of funds regulation (TFR)
Article 18 Assessment and reporting
Summary What does Article 18 of the Transfer of funds regulation (TFR) say?
This brief but important article connects the information requirements established earlier in the regulation to the broader anti-money laundering framework.
It places an obligation on the beneficiary's crypto-asset service provider to treat missing or incomplete originator or beneficiary information as a red flag when conducting suspicion assessments, and to factor this into decisions about whether to file a report with the Financial Intelligence Unit under Directive (EU) 2015/849.
Important points:
- As the crypto-asset service provider of the beneficiary, treat missing or incomplete information on the originator or beneficiary as a factor in assessing whether a transfer is suspicious.
- This suspicion assessment covers not just the transfer itself but also any related transaction.
- Where a transfer is deemed suspicious, the obligation to report to the FIU is governed by Directive (EU) 2015/849.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
The crypto-asset service provider of the beneficiary shall take into account missing or incomplete information on the originator or the beneficiary as a factor when assessing whether a transfer of crypto-assets, or any related transaction, is suspicious and whether it is to be reported to the FIU in accordance with Directive (EU) 2015/849.
Relevant recitals
Recital 47 Obligation to report suspicious transactions with missing information
When assessing the risks, the payment service provider of the payee, the intermediary payment service provider, the crypto-asset service provider of the beneficiary or the intermediary crypto-asset service provider should exercise special vigilance where it becomes aware that information on the payer or the payee or on the originator or the beneficiary, as applicable, is missing or incomplete, or where a transfer of crypto-assets is required to be considered suspicious based on the origin or destination of the crypto-assets concerned, and should report suspicious transactions to the competent authorities in accordance with the reporting obligations set out in Directive (EU) 2015/849.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
intermediary crypto-asset service provider
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crypto-asset services
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supervisor
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funds
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originator
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electronic money
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crypto-asset account
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crypto-asset
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payment service provider
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payment account
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transfer of funds
- a credit transfer as defined in Article 4, point (24), of Directive (EU) 2015/2366;
- a direct debit as defined in Article 4, point (23), of Directive (EU) 2015/2366;
- a money remittance as defined in Article 4, point (22), of Directive (EU) 2015/2366, whether national or cross-border;
- a transfer carried out using a payment card, an electronic money instrument, a mobile phone or any other digital or IT prepaid or postpaid device with similar characteristics;
Definition
property
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intermediary payment service provider
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crypto-asset
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competent authority
- a Financial Intelligence Unit (FIU);
- a supervisory authority;
- a public authority that has the function of investigating or prosecuting money laundering, its predicate offences or terrorist financing, or that has the function of tracing, seizing or freezing and confiscating criminal assets;
- a public authority with designated responsibilities for combating money laundering or terrorist financing;
Definition
terrorist financing
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DLT
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distributed ledger technology
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beneficiary
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crypto-asset service provider
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money laundering
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transfer of crypto-assets
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distributed ledger address
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payee
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self-regulatory body
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third country
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supervisory authority
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payer