+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 …
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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

,
Summary Regulation
1. Compliance and reporting obligations

1. Compliance and reporting obligations

2. Subject matter, scope and definitions

2. Subject matter, scope and definitions

3. Implementation

3. Implementation

4. Information requirements in relation to transfers of funds and certain crypto-asset transfers under Regulation (EU) 2023/1113

4. Information requirements in relation to transfers of funds and certain crypto-asset transfers under Regulation (EU) 2023/1113

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements
Source Requirement

3. Related Standards

Standards
Source Requirement
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