FCA outlines expectations for UK crypto businesses complying with Travel Rule
The UK Financial Conduct Authority (FCA) today outlined its expectations for cryptoasset businesses that need to comply with a change in money laundering legislation.
From 1 September 2023, cryptoasset businesses in the UK will be required to collect, verify and share information about cryptoasset transfers, known as the ‘Travel Rule’.
FCA’s expectations for firms include:
- Take all reasonable steps and exercise all due diligence to comply with the Travel Rule.
- Firms remain responsible for achieving compliance with the Travel Rule, even when using third-party suppliers.
- Fully comply with the Travel Rule when sending or receiving a cryptoasset transfer to a firm that is in the UK, or any jurisdiction that has implemented the Travel Rule.
- Regularly review the implementation status of the Travel Rule in other jurisdictions and adapt business processes as appropriate.
When sending a cryptoasset transfer to a jurisdiction without the Travel Rule:
- Take all reasonable steps to establish whether the firm can receive the required information.
- If the firm cannot receive the necessary information, the UK cryptoasset business must still collect and verify the information as required by the Money Laundering Regulations (MLRs) and should store that information before making the cryptoasset transfer.
When receiving a cryptoasset transfer from a jurisdiction without the Travel Rule:
- If the cryptoasset transfer has missing or incomplete information, UK cryptoasset businesses must consider the countries in which the firm operates and the status of the Travel Rule in those countries.
- The UK cryptoasset business should take these factors into account when making a risk-based assessment of whether to make the cryptoassets available to the beneficiary.
The Travel Rule is designed to bring greater transparency to cryptoasset transfers, making it harder for criminals to use cryptoassets for illicit activity.
Specifically, the Travel Rule advances anti-money laundering (AML) and counter-terrorist financing (CTF) efforts globally by helping cryptoasset businesses detect suspicious transactions and carry out effective sanctions screening.
The timeline for implementation follows HMT publishing amendments to the MLRs in July 2022. Specifically, part 7A of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.
In line with the FCA’s consumer protection and competitiveness objectives, the Travel Rule is one way the regulator is raising standards in the cryptoasset sector. Stronger standards like those bought in by the Travel rule and the financial promotions regime for cryptoassets in October 2023, help the FCA better protect people, the integrity of the UK markets and support the sustained competitiveness of the cryptoasset sector in the UK.