Source: OJ L 150, 9.6.2023, pp. 1–39Current language: EN
- Anti-money laundering
Basic legislative acts
- Transfer of funds regulation (TFR)
Article 19 Retention of information on the originator and the beneficiary accompanying the transfer
Summary What does Article 19 of the Transfer of funds regulation (TFR) say?
Article 19 establishes a straightforward but critical record-keeping and transmission obligation for intermediary crypto-asset service providers — those sitting in the middle of a transfer chain, between the originating and beneficiary crypto-asset service providers.
It is the crypto-asset equivalent of Article 10, which sets the same obligation for intermediary payment service providers dealing with transfers of funds.
In short, intermediaries must not strip or lose originator and beneficiary information as it passes through them; they must keep it intact, pass it on, and make it available to competent authorities upon request.
Important points:
- Ensure all originator and beneficiary information accompanying a transfer of crypto-assets is transmitted with the transfer — do not let it be lost or stripped in transit.
- Retain records of that information and make them available to competent authorities on request.
- This obligation applies specifically to intermediary crypto-asset service providers, not to the originating or beneficiary crypto-asset service providers.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Intermediary crypto-asset service providers shall ensure that all the information received on the originator and the beneficiary that accompanies a transfer of crypto-assets is transmitted with the transfer and that records of such information are retained and made available on request to the competent authorities.
Relevant recitals
Recital 48 Intermediary crypto-asset service providers subject to the same requirements as intermediary payment service providers
Similar to transfers of funds between payment service providers, transfers of crypto-assets involving intermediary crypto-asset service providers might facilitate transfers as an intermediate element in a chain of transfers of crypto-assets. In line with international standards, such intermediary providers should also be subject to the requirements set out in this Regulation, in the same way as existing obligations on intermediary payment service providers.
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