Source: OJ L 150, 9.6.2023, pp. 1–39Current language: EN
- Anti-money laundering
Basic legislative acts
- Transfer of funds regulation (TFR)
Article 29 Specific provisions
Summary What does Article 29 of the Transfer of funds regulation (TFR) say?
Article 29 works in conjunction with Article 28, which establishes the general framework for administrative sanctions.
This article drills down into the specific breaches that must trigger sanctions, setting the minimum categories of conduct that Member States are required to cover.
It spans both payment service providers and crypto-asset service providers, as well as intermediary actors in both spaces, ensuring that the sanctioning regime applies across the full chain of transfer activity.
Important points:
- Member States must ensure their sanctions regimes cover at minimum the four categories of breach defined in this article, which cover failures around accompanying transfers with required information, record retention, risk-based procedures, and serious failures by intermediaries.
- Sanctions apply to payment service providers, crypto-asset service providers, and their respective intermediaries, meaning all actors in a transfer chain face exposure.
- The threshold for a sanctionable breach varies by type: some require repeated or systematic failure, while others require only a single serious failure.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Member States shall ensure that their administrative sanctions and measures include at least those laid down in Article 59(2) and (3) of Directive (EU) 2015/849 in the event of the following breaches of this Regulation:
repeated or systematic failure by a payment service provider to accompany the transfer of funds with the required information on the payer or the payee, in breach of Article 4, 5 or 6, or by a crypto-asset service provider to accompany the transfer of crypto-assets with the required information on the originator and beneficiary, in breach of Article 14 or 15;
repeated, systematic or serious failure by a payment service provider or crypto-asset service provider to retain records, in breach of Article 26;
failure by a payment service provider to implement effective risk-based procedures, in breach of Article 8 or 12, or by a crypto-asset service provider to implement effective risk-based procedures, in breach of Article 17;
serious failure by an intermediary payment service provider to comply with Article 11 or 12 or by an intermediary crypto-asset service provider to comply with Article 19, 20 or 21.
Relevant recitals
Recital 55 Enhanced sanctioning powers to improve compliance
In order to improve compliance with this Regulation, and in accordance with the Commission Communication of 9 December 2010 entitled ‘Reinforcing sanctioning regimes in the financial services sector’, the power to adopt supervisory measures and the sanctioning powers of competent authorities should be enhanced. Administrative sanctions and measures should be provided for and, given the importance of the fight against money laundering and terrorist financing, Member States should lay down sanctions and measures that are effective, proportionate and dissuasive. Member States should notify the Commission and the permanent internal committee on anti-money-laundering and countering terrorist financing referred to in Article 9a(7) of Regulation (EU) No 1093/2010 thereof.
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
Definition
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
Definition
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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terrorist financing
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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
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money laundering