FATF and EU need to fundamentally rethink their approach to virtual assets/currencies…

(b) R.16 — Countries should ensure that originating VASPs obtain and hold required and accurate originator information and required beneficiary information on virtual asset transfers, submit the above information to beneficiary VASPs and counterparts (if any), and make it available on request to appropriate authorities. It is not necessary for this information to be attached directly to virtual asset transfers. Countries should ensure that beneficiary VASPs obtain and hold required originator information and required and accurate beneficiary information on virtual asset transfers, and make it available on request to appropriate authorities. Other requirements of R.16 (including monitoring of the availability of information, and taking freezing action and prohibiting transactions with designated persons and entities) apply on the same basis as set out in R.16

In addition I would like to note that the divergent legal status of virtual assets (considering its wide definition) in different countries may have the consequence that under some local laws the transfer is not financial in nature and will not be covered under the financial legislation and AML/TF frameworks. It is possible that a sufficient legal basis is lacking in some jurisdictions to apply the crossborder wire transfer regime to such non-financial transactions and that data protection regulations take prevalence. This could be solved by applying the domestic wire transfer regime to transfers of virtual assets, regardless of their potential cross-border nature. The further application of this regime on the domestic level can then be geared to the specific legal qualifications for virtual assets in that specific jurisdiction.

(b) R.16 — Countries should ensure that originating VASPs obtain and hold required and accurate originator information and required beneficiary information on virtual asset transfers, submit the above information to beneficiary VASPs and counterparts (if any), and make it available on request to appropriate authorities. It is not necessary for this information to be attached directly to virtual asset transfers. Countries should ensure that beneficiary VASPs obtain and hold required originator information and required and accurate beneficiary information on virtual asset transfers, and make it available on request to appropriate authorities. Other requirements of R.16 (including monitoring of the availability of information, and taking freezing action and prohibiting transactions with designated persons and entities) apply on the same basis as set out in R.16

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