Specific focus on virtual currencies
- Expanding the scope of the Directive to include virtual currency exchange platforms (“VCEPs”) and custodian wallet providers (“CWPs”) as ‘obliged entities’ subject to EU regulations. As ‘obliged entities’ VCEPs and CWPs now will be covered by the same regulatory requirements as banks and other financial institutions;
- Proposing that Member States create central databases comprised of virtual currency users’ identities and wallet addresses - not only those using VCEPs or CWS – as well as self-declaration forms submitted by virtual currency users. Member States shall authorize national FIUs to access the information stored in central databases;
- Member States need to implement standard key terms and regulatory definitions into their AML legislation such as ‘virtual currencies’ and ‘CWPs’.
(8)
Providers engaged in exchange services between virtual currencies and fiat currencies (that is to say coins and banknotes that are designated as legal tender and electronic money, of a country, accepted as a medium of exchange in the issuing country) as well as custodian wallet providers are under no Union obligation to identify suspicious activity. Therefore, terrorist groups may be able to transfer money into the Union financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms.
It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include providers engaged in exchange services between virtual currencies and fiat currencies as well as custodian wallet providers. For the purposes of anti-money laundering and countering the financing of terrorism (AML/CFT),
competent authorities should be able, through obliged entities, to monitor the use of virtual currencies. Such monitoring would provide a balanced and proportional approach, safeguarding technical advances and the high degree of transparency attained in the field of alternative finance and social entrepreneurship.
(9)
The anonymity of virtual currencies allows their potential misuse for criminal purposes. The inclusion of providers engaged in exchange services between virtual currencies and fiat currencies and custodian wallet providers will not entirely address the issue of anonymity attached to virtual currency transactions, as a large part of the virtual currency environment will remain anonymous because users can also transact without such providers. To combat the risks related to the anonymity, national Financial Intelligence Units (FIUs) should be able to
obtain information allowing them to associate virtual currency addresses to the identity of the owner of virtual currency. In addition, the possibility to allow users to self-declare to designated authorities on a voluntary basis should be further assessed.
(19)
“custodian wallet provider” means an entity that provides services to safeguard private cryptographic keys on behalf of its customers, to hold, store and transfer virtual currencies.’;
(29)
in Article 47, paragraph 1 is replaced by the following:
‘1. Member States shall ensure that providers of exchange services between virtual currencies and fiat currencies, and custodian wallet providers, are registered, that currency exchange and cheque cashing offices, and trust or company service providers are licensed or registered, and that providers of gambling services are regulated.’;
The first report, to be published by 11 January 2022, shall be accompanied, if necessary, by appropriate legislative proposals, including, where appropriate, with respect to virtual currencies, empowerments to set-up and maintain a central database registering users’ identities and wallet addresses accessible to FIUs, as well as self-declaration forms for the use of virtual currency users, and to improve cooperation between Asset Recovery Offices of the Member States and a risk-based application of the measures referred to in point (b) of Article 20.
. Se on Andy tulevaisuutta ja kehityksestä, on kysymys Kvanttitietokoneesta, Fuusioenergiasta tai Avaruusteknologiasta niin kyllä aina jokaiselle aina vastustajia löytyy, näin on hyvä niin saadaan keskustelua ja tarkennuksia asioihin myös. Niin tai näin sähköinen valuutta tulee 99% todennäköisyydellä ja Bitcoin on perkuleen hyvä vaihtoehto.
Kukaan, ei kukaan ei ota käyttöön valuuttaa jonka arvoa ei ole sidottu muualle kuin spekulaatioihin, luulen että ymmärrät tämän itsekin.
