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EBA Opens Public Consultation On AML/CFT Standards For Crypto-Asset Service Providers

The European Banking Authority (EBA) has initiated a public consultation on draft Regulatory Technical Standards (RTS) aimed at defining the criteria for when crypto-asset service providers (CASPs) should appoint a central contact point to ensure compliance with the anti-money laundering (AML) and countering the financing of terrorism (CFT) requirements of host EU member states.

This development stems from amendments made to Article 45(9) of Directive (EU) 2015/849 on 9 June 2023, which extended the scope of existing regulations to include CASPs. Previously, such standards applied only to payment service providers (PSPs) and electronic money institutions (EMIs), as per the original 2018 regulation.

The updated draft RTS, intended to revise the Commission Delegated Regulation (EU) 2018/1108, addresses situations where CASPs operate in member states without establishing branches. Even in these cases, CASPs are required to adhere to local AML/CFT obligations, regardless of whether their local establishments are categorized as ‘obliged entities.’

“The draft RTS specifies the circumstances under which appointing a central contact point is necessary and outlines the responsibilities of such contact points,” the Cyprus Securities and Exchange Commission (CySEC) stated in a press release signed by Chairman Dr George Theocharides.

Stakeholders are encouraged to provide feedback by submitting comments through the EBA consultation page. The deadline for responses is 4 February 2025, and all contributions will be published by the EBA unless confidentiality is requested.

Dr. Theocharides urged regulated entities to participate in the consultation, emphasizing the importance of shaping standards that ensure effective compliance across the EU’s crypto landscape.

SEC Drops Lawsuit Against Gemini: A Major Turning Point In Crypto Regulation

SEC Dismisses Legal Action Against Gemini

The Securities and Exchange Commission has formally withdrawn its lawsuit against Gemini, the prominent crypto exchange founded by twins Cameron and Tyler Winklevoss. The move follows a joint court filing in which both the regulator and Gemini sought dismissal of the case that centered on the collapse of the Gemini Earn investment product, a debacle that left investors without access to their funds for 18 months.

Settlement And Regulatory Reassessment

In a significant development, a 2024 settlement between New York and Gemini ensured that investors recovered one hundred percent of their crypto assets loaned through the Gemini Earn program. The legal reprieve comes on the heels of actions initiated by New York Attorney General Letitia James, who accused Gemini of defrauding investors.

Political Backdrop And Industry Implications

This dismissal reinforces a broader trend of regulatory leniency toward the crypto sector noted during the Trump administration, which saw the SEC dismiss, pause, or reduce penalties in more than 60 percent of its pending crypto lawsuits. Meanwhile, Gemini’s recent public offering filing underscores its ambitions to solidify its status as a major player in the evolving digital asset market.

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