Source: OJ L 150, 9.6.2023, pp. 1–39Current language: EN
- Anti-money laundering
Basic legislative acts
- Transfer of funds regulation (TFR)
Article 20 Detection of missing information on the originator or the beneficiary
The intermediary crypto-asset service providermeans a crypto-asset service provider that is not the crypto-asset service provider of the originator or of the beneficiary and that receives and transmits a transfer of crypto-assets on behalf of the crypto-asset service provider of the originator or of the beneficiary, or of another intermediary crypto-asset service provider; shall implement effective procedures, including, where appropriate, monitoring after or during the transfers, in order to detect whether the information on the originatormeans a person that holds a crypto-asset account with a crypto-asset service provider, a distributed ledger address or a device allowing the storage of crypto-assets, and allows a transfer of crypto-assets from that account, distributed ledger address, or device, or, where there is no such account, distributed ledger address, or device, a person that orders or initiates a transfer of crypto-assets; or the beneficiarymeans a person that is the intended recipient of the transfer of crypto-assets; referred to in Article 14(1), points (a), (b) and (c), and Article 14(2), points (a), (b) and (c), has been submitted previously, simultaneously or concurrently with the transfer or batch file transfermeans a bundle of several individual transfers of funds or transfers of crypto-assets put together for transmission; of crypto-assetsmeans a crypto-asset as defined in Article 3(1), point (5), of Regulation (EU) 2023/1114, except where falling within the categories listed in Article 2(2), (3) and (4) of that Regulation or otherwise qualifying as funds;, including where the transfer is made to or from a self-hosted addressmeans a distributed ledger address not linked to either of the following:a crypto-asset service provider;an entity not established in the Union and providing services similar to those of a crypto-asset service provider;.
Relevant recitals
Recital 48 Intermediary crypto-asset service providers subject to the same requirements as intermediary payment service providers
Similar to transfers of fundsmeans any transaction at least partially carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, irrespective of whether the payer and the payee are the same person and irrespective of whether the payment service provider of the payer and that of the payee are one and the same, including: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; between payment service providersmeans the categories of payment service provider referred to in Article 1(1) of Directive (EU) 2015/2366, natural or legal persons benefiting from a waiver pursuant to Article 32 thereof and legal persons benefiting from a waiver pursuant to Article 9 of Directive 2009/110/EC, providing transfer of funds services;, transfers of crypto-assetsmeans any transaction with the aim of moving crypto-assets from one distributed ledger address, crypto-asset account or other device allowing the storage of crypto-assets to another, carried out by at least one crypto-asset service provider acting on behalf of either an originator or a beneficiary, irrespective of whether the originator and the beneficiary are the same person and irrespective of whether the crypto-asset service provider of the originator and that of the beneficiary are one and the same; involving intermediary crypto-asset service providersmeans a crypto-asset service provider that is not the crypto-asset service provider of the originator or of the beneficiary and that receives and transmits a transfer of crypto-assets on behalf of the crypto-asset service provider of the originator or of the beneficiary, or of another intermediary crypto-asset service provider; might facilitate transfers as an intermediate element in a chain of transfers of crypto-assetsmeans any transaction with the aim of moving crypto-assets from one distributed ledger address, crypto-asset account or other device allowing the storage of crypto-assets to another, carried out by at least one crypto-asset service provider acting on behalf of either an originator or a beneficiary, irrespective of whether the originator and the beneficiary are the same person and irrespective of whether the crypto-asset service provider of the originator and that of the beneficiary are one and the same;. 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 providersmeans a payment service provider that is not the payment service provider of the payer or of the payee and that receives and transmits a transfer of funds on behalf of the payment service provider of the payer or of the payee or of another intermediary payment service provider;.
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