EU Adopts DAC8 New Cryptocurrency Tax Reporting Rule To Take Effect Soon

FinCEN provides a system to analyze financial transactions with the objective of identifying and acting against financial crime. This consists of money laundering, terrorist financing and other crimes related to money laundering. This note extends the regulatory requirements already in place for other regulated products. Following consultations with private sector actors, the Interpretation Note text was officially adopted as part of the FATF Standards in June 2019.

Meanwhile, crypto exchanges in the country must register with the Financial Services Agency (FSA) and comply with AML/CFT obligations. Japan established the Japanese Virtual Currency Exchange Association (JVCEA) in 2020, and all crypto exchanges are members. Japan treats trading gains generated from cryptocurrency as miscellaneous income and taxes investors accordingly. The Indian government, via a notification dated 7 March 2022, brought cryptocurrencies, exchange, and transfers of VDAs to fall under the purview of the PMLA. Now, money laundering provisions would imply to the country’s crypto industry as the government seeks to tighten its control over digital assets in the country. For cryptocurrency businesses, AML compliance typically involves implementing measures such as KYC, KYB, and KYT, to detect and prevent illegal activity.

The Office of Foreign Asset Control (OFAC), the U.S. statutory body on sanctions compliance, asserts mandatory screening against all virtual currency transactions, failing which the transaction must be blocked off instantly. FinCEN and OFAC applaud the Financial Action Task Force (FATF) Travel Rule regulation for scrutinizing cross-border crypto payments and anonymity in transactions. In the United States, cryptocurrencies are not yet defined as legal tender by its major AML-CFT standards-setting body, the Financial Crimes Enforcement Network (FinCEN).

Now, as crypto exchanges and wallets become more like financial institutions, KYC needs to be added into the cryptocurrency AML programs for these entities. By the end of July 2021, major crypto thefts, hacks, and frauds totaled $681 million. This makes a case for stronger preventative methods to stem financial crime in the growing crypto sector. To prevent the global spread of these activities, regulatory bodies force financial institutions to conduct due diligence on their customers and flag and report suspicious customers and transactions. Unfortunately, while cryptocurrency means cheaper, faster international transactions, it also makes the crypto sector ripe for criminal activity, such as money laundering and terrorist funding. With these exchanges, traders can exchange fiat currencies like Dollars, Euros, Rupees, etc.

This means the implementation of an effective AML program that includes a Customer Acceptance Policy (CAP), a Customer Identification Program (CIP), ongoing monitoring of transactions, and risk management procedures. Reuters, the news and media division of Thomson Reuters, is the world’s largest multimedia news provider, reaching billions of people worldwide every day. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world’s media organizations, industry events and directly to consumers. The Narendra Modi-led administration, as part of its leadership of the G-20 forum, has been pushing for a wider global agreement on dealing with the risks brought on by cryptocurrencies. India is yet to finalise legislation and regulations surrounding cryptocurrencies even as the country’s central bank has cautioned against their use multiple times.

  • A cryptocurrency is a mode of exchange which is digital, decentralized and encrypted.
  • As per the sixth directive, regulatory authorities can also impose exemplary sanctions.
  • FinCEN and OFAC applaud the Financial Action Task Force (FATF) Travel Rule regulation for scrutinizing cross-border crypto payments and anonymity in transactions.
  • Cryptocurrency is legal throughout most of the European Union (EU), although exchange governance depends on individual member states.

In September 2020, the European Commission proposed the Markets in Crypto-Assets Regulation (MiCA)—a framework that increases consumer protections, establishes clear crypto industry conduct, and introduces new licensing requirements. Cryptocurrency is legal throughout most of the European Union (EU), although exchange governance depends on individual member states. Current regulations are unclear at best and don’t provide much guidance for investors.

How AML Regulations Apply to Crypto Exchanges

Bitcoin, the most widely recognized cryptocurrency, has become a favorite among financial criminals. Its market capitalization and stable value make it an ideal choice for money launderers seeking to convert illicit funds into legitimate currency. Money launderers exploit Bitcoin through unregulated exchanges without Know Your Customer (KYC) checks or via cryptocurrency ATM transactions. However, it is crucial to note that Bitcoin is just one of many active cryptocurrencies today, and money launderers have employed other digital currencies to conceal illicit transactions. The term anti-money laundering or AML dictates a set of rules and legal regulations that are built to identify fraudsters and prevent illegal activities. It includes activities such as trading illegal goods, tax evasion, drug, and human trafficking, and laundering ill-gotten funds.

The CAP refers to the identification of new customers using official ID documentation. CIP is the process of verifying a customer from this documentation and against official databases. Ongoing monitoring allows crypto exchanges to identify suspicious transactions and ensure customer details aren’t outdated.

How AML Regulations Apply to Crypto Exchanges

To meet international standards, cryptocurrency companies and exchanges are now under pressure to implement comprehensive AML screening procedures. For compliance professionals, there is both a benefit and a challenge in the promulgation of regulations. The more national and other regulators that issue requirements on cryptocurrency and other virtual assets, the more legitimised these transactions become.

The anonymity cryptocurrency market has provided for people who use cryptocurrencies is causing money laundering related severe crimes to rise considerably. The solution for this is applying necessary AML and KYC regulations and laws to combat these crimes. A quality AML software and tool will help firms which do business with virtual currencies. These countries are China, Algeria, Oman, Tunisia, Qatar, Bangladesh, Egypt, Morocco and Iraq. These countries claim that cryptocurrencies are being used to channel money to criminal sources. In addition, they argue that increase of crypto might weaken their financial systems.

Take the example of the BITpoint heist where hackers stole $32 million from the exchange’s hot wallets. Alternatively, consider the $40 million worth of bitcoin stolen in a hack on Binance’s system. In both cases, KYC processes could have identified these hackers before they were inside. For a new applicant, knowing that KYC measures are being taken helps the user to know that criminals are being kept off the exchange. This is especially important for peer-to-peer exchanges where users trade with each other.

How AML Regulations Apply to Crypto Exchanges

While regulatory gray areas and safe harbors abound, regulators continue to establish oversight over this growing industry. Through crypto exchanges, some crimes might occur like drug trafficking, fraud, terrorism financing, corporate extortion, and child sexual abuse material. According to Reuters, crimes linked to cryptocurrencies broke a record in 2021 with illegitimate addresses getting $14 billion in cryptocurrencies. The value was $7.8 billion in 2020 so there’s a 79% increase in digital currency usage while criminals commit a crime.

AML is an essential tool for protecting the financial system’s integrity and preventing the use of cryptocurrencies for illicit purposes. AML refers to laws, regulations, and best practices to prevent money laundering and other illegal financial activities. For an in-depth look at 2022 AML crypto activity, see What Does AML in Crypto Mean Chainalysis’ Crypto Money Laundering 2022 report. Anti-money laundering (AML) for cryptocurrencies refers to the laws, regulations, and policies to deter criminals from converting illegally obtained cryptocurrency to cash. There is little uniformity among the states with respect to cryptocurrency regulation.

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