The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

[F1Directions: cryptoasset businessesU.K.

This section has no associated Explanatory Memorandum

74C.—(1) The FCA may [F2exercise its powers of direction under paragraph (5) or (6) in writing in relation to] a cryptoasset exchange provider or custodian wallet provider (“cryptoasset business”).

(2) A direction may be imposed before, on or after registration, as the FCA considers appropriate.

(3) A direction may be imposed for the purpose of—

(a)remedying a failure to comply with a requirement under these Regulations;

(b)preventing a failure to comply, or continued non-compliance with a requirement under these Regulations;

(c)preventing the cryptoasset business from being used for [F3money laundering, terrorist financing or proliferation financing].

(4) A direction may require or prohibit the taking of specified action.

(5) The FCA may, on its own initiative—

(a)impose a new direction;

(b)vary a direction imposed under this regulation; or

(c)rescind such a direction.

(6) The FCA may, on the request of a cryptoasset business—

(a)impose a new direction;

(b)vary a direction imposed under this regulation; or

(c)rescind such a direction.

(7) The FCA must consult the PRA before imposing or varying a direction which relates to—

(a)a person who is a PRA authorised person; or

(b)a person who is a member of a group which includes a PRA authorised person.

(8) A direction may be expressed to expire at the end of such period as the FCA may specify, but the imposition of a direction that expires at the end of a specified period does not affect the FCA’s power to impose a new direction.

(9) If the FCA imposes or varies a direction under paragraph (5)(a) or (b) it must give the cryptoasset business a notice in writing.

(10) The notice referred to in paragraph (9) must—

(a)give details of the direction;

(b)state the FCA’s reasons for imposing or varying the direction;

(c)inform the cryptoasset business that it may make representations to the FCA within such period as may be specified in the notice (whether or not the cryptoasset business has referred the matter to the Upper Tribunal);

(d)inform the cryptoasset business of when the direction takes effect; and

(e)inform the cryptoasset business of its right to refer the matter to the Upper Tribunal.

(11) The FCA may extend the period allowed under the notice for making representations.

(12) If, having considered any representations made by the cryptoasset business, the FCA decides not to rescind the direction, it must give the cryptoasset business a notice in writing.

(13) If, having considered any representations made by the cryptoasset business, the FCA decides—

(a)to vary the direction,

(b)to rescind the direction and to impose a different direction, or

(c)to rescind the direction and not to impose a different direction,

it must give the cryptoasset business a notice in writing.

(14) A notice under paragraph (12) must inform the cryptoasset business of its right to refer the matter to the Upper Tribunal.

(15) A notice under paragraph (13)(a) or (b) must comply with paragraph (10).

(16) If a notice informs the cryptoasset business of its right to refer a matter to the Upper Tribunal, it must give an indication of the procedure on such a reference.

(17) If the FCA imposes or varies a direction under paragraph (6)(a) or (b) it must give the cryptoasset business a notice in writing.

(18) The notice referred to in paragraph (17) must—

(a)give details of the direction;

(b)state the reasons for imposing or varying the direction; and

(c)inform the cryptoasset business of when the direction takes effect.

(19) If the FCA rescinds a direction under paragraph (6)(c) it must give the cryptoasset business a notice in writing.

(20) The FCA may, if it considers it proportionate to do so, publish such information about a notice given under paragraphs (9), (13) or (17) as it considers appropriate.

(21) Where the FCA publishes such information and the FCA decides to rescind the direction to which the notice relates, the FCA must, without delay, publish that fact in the same manner as that in which the information was published under paragraph (20).

(22) Where the FCA publishes information under paragraph (20) and the person to whom the notice is given refers the matter to the Upper Tribunal, the FCA must, without delay, publish information about the status of the appeal and its outcome in the same manner as that in which the information was published under paragraph (20).]

Textual Amendments

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