+Guidelines on information requirements in relation to transfers of funds and certain crypto-assets transfers under Regulation (EU) 2023/1113 (EBA/GL/2024/11)
---+1. Compliance and reporting obligations
------+Status of these Guidelines
---------+1. This document contains Guidelines issued pursuant to Article 16 of Regulation (EU) No 1093/2010 …
---------+2. Guidelines set the EBA view of appropriate supervisory practices within the European System of …
------+Reporting requirements
---------+3. According to Article 16(3) of Regulation (EU) No 1093/2010, competent authorities must notify …
---------+4. Notifications will be published on the EBA website, in line with Article 16(3).
---+2. Subject matter, scope and definitions
------+Subject matter and scope of application
---------+5. These Guidelines fulfil the mandate to issue guidelines in accordance with Article 36, first and …
---------+6. Specifically, these Guidelines: a) set out the factors that payment service providers (PSPs) …
---------+7. In addition, these Guidelines fulfil the mandate to issue guidelines in accordance with Article …
------+Addressees
---------+8. These Guidelines are addressed to: a) PSPs as defined in Article 3, point (5), of Regulation …
------+Definitions
---------+9. Unless otherwise specified, terms used and defined in Regulation (EU) 2023/1113, in Directive …
---+3. Implementation
------+Date of application
---------+10. These Guidelines apply from 30 December 2024.
------+Repeal
---------+11. The ‘Joint Guidelines under Article 25 of Regulation (EU) 2015/847 on the measures payment …
---+4. Information requirements in relation to transfers of funds and certain crypto-asset transfers under Regulation (EU) 2023/1113
------+4.1. General provisions
---------+12. To determine what information should accompany a transfer of funds or crypto-assets, and the …
---------+13. PSPs, IPSPs, CASPs and ICASPs should ensure that the policies and procedures they have put in …
---------+14. PSPs, IPSPs, CASPs and ICASPs should keep their policies and procedures up to date and improve …
------+4.2. Exclusion from the scope of Regulation (EU) 2023/1113 and derogations
---------+15. PSPs and CASPs should set out in their policies and procedures how they will determine whether …
---------+16. PSPs and CASPs should treat a transfer of funds or crypto-assets as a payment for goods or …
---------+17. PSPs should have policies and procedures in place to detect transfers that appear to be linked.
---------+18. PSPs should treat transfers as linked that are: a) carried out in a single operation or in …
---------+19. PSPs should set out in their policies and procedures: a) what constitutes a short timeframe for …
---------+20. PSPs should determine whether a transfer is linked the moment the transfer was ordered or …
------+4.3. Transmitting and receiving information with the transfer in ac-cordance with Articles 4 to 8, 10 to 12, 14 to 17 and 19 to 21 of Regulation (EU) 2023/1113
---------+21. PSPs, IPSPs, CASPs and ICASPs should use infrastructures and services for the transmission and …
---------+22. PSPs, IPSPs, CASPs and ICASPs should ensure that their systems are able to maintain data …
---------+23. PSPs, IPSPs, CASPs and ICASPs should ensure that the systems they use for the transfer of …
---------+24. CASPs and ICASPs may, by way of derogation from paragraph 21 and until 31 July 2025 …
---------+25. When transmitting information in accordance with Article 14 of Regulation (EU) 2023/1113, the …
---------+26. When choosing the messaging or payment and settlement system(s), CASPs and ICASPs should take …
---------+27. PSPs and IPSPs that enable the execution of transfers with two or more IPSPs or PSPs on a …
---------+28. For transfers that have not been batched, the PSP or IPSP should: a) consider the transfer …
---------+29. IPSPs are only responsible for passing through the payment message using the data that they …
---------+30. PSPs and IPSPs should not treat a transfer from the payer to the payee as liquidity movement or …
---------+31. Where the intermediary does not receive the required information related to a transfer …
------+4.4. Information to be transmitted with the transfer in accordance with Articles 4 and 14 of Regulation (EU) 2023/1113
---------+32. PSPs and CASPs should not change the initial submission, unless: a) they are requested to do so …
---------+33. Where, in the context of paragraph 32, there is a change to the initial submission, the payer’s …
---------+34. PSPs should ensure that the transfer of funds is accompanied by the payment account number. …
---------+35. The payer’s PSP or originator’s CASP should provide the following: a) For natural persons, the …
---------+36. The payer’s PSP and originator’s CASP should provide the following: a) For natural persons, the …
---------+37. The address should be provided, to the extent possible, in the following order of priority: the …
---------+38. The payer’s PSP and originator’s CASP should provide the postal address as specified in …
---------+39. The combination of the alternative information items to be provided in accordance with Arti-cle …
---------+40. For transfers from a joint account, address or wallet, the information of all holders of the …
---------+41. The payer’s PSP and the originator’s CASP should consider only those official identifiers as …
------+4.5. Detecting missing information in accordance with Articles 7, 11, 16 and 20 of Regulation (EU) 2023/1113
---------+42. Procedures as referred to in Articles 7 11, 16 and 20 of Regulation (EU) 2023/1113 should at …
---------+43. Payees ’ PSPs and IPSPs should ensure that in relation to their messaging or payment and …
---------+44. Where a PSP’s or IPSP’s messaging or payment and settlement system does not meet all the …
---------+45. Payees ’ PSPs and IPSPs should set out in their policies and procedures: a) how they will …
---------+46. Payees’ PSPs, IPSPs, beneficiary’s CASPs or ICASPs should set out in their policies and …
---------+47. PSPs, IPSPs, CASPs and ICASPs should determine the risk factors based on those set out in the …
---------+48. When considering whether or not a transfer raises suspicion, the PSPs, IPSPs, CASPs or ICASPs …
---------+49. The payee’s PSP, beneficiary’s CASP, IPSP and ICASP should treat information as missing if …
---------+50. The payee’s PSP, beneficiary’s CASP, IPSP and ICASP should treat at least the following …
---------+51. Where PSPs, CASPs, IPSPs and ICASPs use a list of terms commonly found to be meaningless, they …
------+4.6. Transfers with missing or incomplete information in accord-ance with Articles 8, 12, 17 and 21 of Regulation (EU)
---------+52. PSPs and CASPs should set out in their policies and procedures how they will determine whether …
---------+53. PSPs, IPSPs, CASPs, and ICASPs should consider in their assessment before deciding on the …
---------+54. Where an IPSP, payee’s PSP, ICASP or beneficiary’s CASP decides to reject a transfer or an …
---------+55. Where the rejection is technically not possible, the transfer should be returned to the …
---------+56. Where the PSP, IPSP, CASP or ICASP requests required information that is missing, it should set …
---------+57. Where a PSP, IPSP, CASP or ICASP decides to request the required information from the prior …
---------+58. Any request for information or clarification should be sent through the same messaging system …
---------+59. Should the requested information not be forthcoming, the PSP or IPSP should send a reminder to …
---------+60. Where the requested information is not provided by the set deadline, the PSP or IPSP should …
---------+61. Should the requested information not be forthcoming, as part of actions to be taken in …
---------+62. Where the requested information is not provided by the set deadline, the CASP or ICASP should …
---------+63. Requests for missing information or clarification with respect to transfers from or to …
---------+64. Where a PSP, IPSP, CASP or ICASP becomes aware that required information is missing …
---------+65. Where a PSP or IPSP detects ex post that the required information was missing, incomplete or …
---------+66. Where a CASP or ICASP executes the transfer and detects ex post that the required information …
------+4.7. Repeatedly failing PSPs, CASPs, IPSPs or ICASPs in accordance with Articles 8 (2), 12 (2), 17 (2) and 21(2) of Regulation (EU) 2023/1113
---------+67. PSPs and CASPs should set out in their policies and procedures the quantitative and qualitative …
---------+68. Quantitative criteria should include at least: a) the percentage of transfers with missing or …
---------+69. Qualitative criteria should include at least: a) the level of cooperation of the requested PSP …
---------+70. The warning in accordance with Articles 8(2), point (a), 12(2), point (a), 17(2), point (a) …
---------+71. PSPs and CASPs should consider issuing a further warning to the prior PSP, IPSP, CASP or ICASP …
---------+72. In relation to the treatment under Articles 8(2), point (b), 12(2), point (b), 17(2), point …
---------+73. Before taking the decision to terminate a business relationship, in particular where the prior …
---------+74. The report to the competent authority referred to in Articles 8(2), 12(2), 17(2) and 21 of …
---------+75. The report should include: a) the name of the PSP, IPSP, CASP or ICASP identified as repeatedly …
------+4.8. Transfers of crypto-assets made from or to self-hosted ad-dresses in accordance with Articles 14(5) and 16(2) of Regula-tion (EU) 2023/1113
---------+76. CASPs and ICASPs should consider a transfer of a crypto-asset as individually identified when …
---------+77. To determine whether or not a self-hosted address is used on the other end of a transfer, the …
---------+78. If such information cannot be retrieved via technical means, the originator’s CASP and the …
---------+79. The originator’s CASP should do this assessment before the transfer is initiated and the …
---------+80. Where a self-hosted address is used on the other end of the transfer, CASPs should collect the …
---------+81. CASPs should determine whether a transfer involving a self-hosted address amounts to or …
---------+82. To determine whether the value of transfers from or to self-hosted addresses is above EUR 1 …
---------+83. In order to assess whether the self-hosted address is owned or controlled by the originator or …
---------+84. The decision on which method(s) to choose should depend on: a) the technical capabilities of …
---------+85. Where one method on its own is not sufficiently reliable to reasonably ascertain the ownership …
---------+86. Where the CASP is fully satisfied that the self-hosted address is owned or controlled by its …
---------+87. CASPs should assess the risk associated with transfers from or to a self-hosted address as set …
---------+88. CASPs should apply at least one of the risk-mitigating measures as identified in Article 19a(1) …
---------+89. Where, as a result of the assessment in Section 4.8.4., it is established that the self-hosted …
---------+90. Where such transfers raise suspicions of ML/TF, CASPs should report to the FIU in accordance …
------+4.5. Obligations on the payer’s PSP, payee’s PSP and IPSPs where a transfer is a direct debit
---------+91. Where a transfer of funds is a direct debit, the payee’s PSP should send the required …
---------+92. For the purpose of paragraph 91: a) the obligations set out in Articles 4, 5 and 6 of …
---------+93. Where the payer’s PSP becomes aware, when receiving the direct debit collections, that the …
---------+94. The payer’s PSP should leverage available communication channels to engage with any repeat-edly …
|
English -
European Union -
Financial Industry -
Guidelines on information requirements in relation to transfers of funds and certain crypto-assets transfers under Regulation (EU) 2023/1113 (EBA/GL/2024/11)
Guidelines on information requirements in relation to transfers of funds and certain crypto-assets transfers under Regulation (EU) 2023/1113 (EBA/GL/2024/11) https://www.eba.europa.eu/activities/single-rulebook/regulatory-activities/anti-money-laundering-and-countering-financing-terrorism/guidelines-information-requirements-relation-transfers-funds-and-certain-crypto-assets-transfers – PDF
1. Overview
1.1 References
1.2 Identified Requirements
1.3 Related Standards
2. Identified Requirements
Requirements
| Source |
Requirement |
3. Related Standards
Standards
| Source |
Requirement |
- EBA - Published by the European Banking Authority at https://www.eba.europa.eu/
|