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MiCA regulation takes shape under EBA’s newest guidelines

The European Banking Authority has introduced a series of technical standards and guidelines for token issuers as MiCA implementation moves forward.

The European Banking Authority (EBA) has released a comprehensive package of technical standards and guidelines under the Markets in Crypto-Assets (MiCA) regulation, providing regulatory guidance for asset-referenced tokens (ARTs) and e-money tokens (EMTs) across Europe. 

The package covers six topics, from stress testing programs and asset reserves to recovery plans. Under MiCA, ARTs are tokens backed by assets like commodities, real estate, or a basket of different assets, while EMTs maintain a stable value by being pegged to fiat currencies and used for payments, like a stablecoin.

Specifically, the authority provides guidelines for token issuers, including the need for enough financial resources (own funds) to cover potential risks. It also creates parameters to determine if an issuer is facing a higher degree of risk, which should lead to an increase in own fund reserves.

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European regulator: CASPs should work on protocol interoperability, self-hosted wallets

The proposed new industry guidelines are intended to address issues around AML and CFT rules.

The European Union’s banking regulator, the European Banking Authority (EBA), wants to update existing Anti-Money Laundering and Combatting the Financing of Terrorism (AML/CFT) rules for crypto providers. 

In a consultation paper published on Nov. 24, the EBA explains that current European regulations are no longer sufficient to govern AML/CFT standards compliance among crypto providers. The proposed new industry guidelines are intended to address these issues, and the EBA has given interested parties until Feb. 26, 2024, to comment.

In particular, the EBA suggests merging the AML/CFT criteria for payment service providers and crypto asset service providers (CASPs). It also proposes obliging CASPs to “enable the transmission of information in a seamless and interoperable manner” by enhancing the interoperability of their protocols.

Related: EU tech coalition warns of over-regulating AI before EU AI Act finalization

Under the proposed new rules, CASPs will also be required to obtain and hold information on self-hosted addresses, ensure that the transfer of crypto assets can be individually identified, and verify whether that address is owned or controlled by the CASP customer. These requirements would be enforced when the transfer amount of the self-hosted account is above the 1,000 euro mark, although the EBA doesn’t specify whether this is a monthly, daily or a single-time threshold.

After the consultation process, the new guidelines should come into force on Dec. 30, 2024.

In October, the EBA released a consultation paper assessing the suitability of management body members and shareholders or members holding qualifying stakes in issuers of asset-referenced tokens and CASPs.

In July, the EBA encouraged stablecoin issuers to voluntarily adhere to specific “guiding principles” related to risk management and consumer protection.

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EU Officials Want European Banking Authority To Keep List of Crypto Companies at Risk of Criminal Activity

Members of the European Parliament (MEPs) are urging banking authorities to keep track of crypto services that could be used to conduct crime. According to a press release, MEPs have adopted new rules mandating the European Banking Authority (EBA) to create a registry of crypto businesses that are at risk of money laundering, terrorism finance […]

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