On 29 March 2023, the European Banking Authority issued a public consultation on proposed amendments to its guidelines on risk-based anti-money laundering and countering the financing of terrorism (AML/CFT) supervision (the Risk-Based Supervision Guidelines). The proposed changes extend the scope of the Risk-Based Supervision Guidelines to AML/CFT supervisors of crypto-asset service providers (CASPs).
The European Commission’s July 2021 legislative package reforming the EU’s AML/CFT framework included a proposal for a recast of Regulation (EU) 2015/847 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (FTR). The provisional agreement published by the co-legislators intends to extend the scope of the FTR to transfers of crypto-assets and amend Directive 215/849 to subject CASPs to the same AML/CFT requirements and AML/CFT supervision as credit and financial institutions. Article 30(3) of the Provisional Agreement envisages a mandate for the EBA to issue guidelines on the risk-based approach to AML/CFT supervision of CASPs by competent authorities. In preparation of the upcoming mandate, the EBA is proposing to revise the Risk-Based Supervision Guidelines.
The deadline for responding to the consultation is 29 June 2023.
The EBA will hold a virtual public hearing on the consultation on 7 June 2023 from 14:00 to 16:00 Paris time.