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Text as of 9 Jun 2023 · Regulation (EU) 2023/1113, OJ L 150, 9.6.2023 · Same wording as today’s text.Today’s text

Article 21 — Transfers of crypto-assets with missing information on the originator or the beneficiary

Financial crimeLevel 1RegulationToFRStage: AdoptedVerifiedOfficial source

21(1)

1.The intermediary crypto-asset service provider shall establish effective risk-based procedures, including procedures based on the risk-sensitive basis referred to in Article 13 of Directive (EU) 2015/849, for determining whether to execute, reject, return or suspend a transfer of crypto-assets lacking the required information on the originator and the beneficiary and for taking the appropriate follow up action.

Where the intermediary crypto-asset service provider becomes aware, when receiving a transfer of crypto-assets, that the information referred to in Article 14(1), points (a), (b) and (c), and Article 14(2), points (a), (b) and (c), or Article 15(1), is missing or incomplete, that intermediary crypto-asset service provider shall, on a risk-sensitive basis and without undue delay:

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21(1)(a)
(a)reject the transfer or return the transferred crypto-assets; or
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21(1)(b)
(b)request the required information on the originator and the beneficiary before making the transmission of the transfer of crypto-assets.
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21(2)

2.Where the crypto-asset service provider repeatedly fails to provide the required information on the originator or the beneficiary, the intermediary crypto-asset service provider shall:

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21(2)(a)
(a)take steps, which may initially include the issuing of warnings and setting of deadlines, before proceeding to a rejection, restriction or termination in accordance with point (b) if the required information is still not provided; or
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21(2)(b)
(b)directly reject any future transfers of crypto-assets to or from, or restrict or terminate its business relationship with, that crypto-asset service provider.
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The intermediary crypto-asset service provider shall report that failure, and the steps taken, to the competent authority responsible for monitoring compliance with anti-money laundering and counter-terrorist financing provisions.