The Fifth Anti-money Laundering Directive ((EU) 2018/843)) has been enacted into Irish law. This Directive is also called as MLD5 or AMLD V. This will affect some crypto organizations that qualify as virtual asset service providers (VASP’s) as they will now be needed to enroll with the Central Bank of Ireland (CBI) and follow other administrative commitments. The 2010 Act or Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 has been revised by the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021, which further enacted AMLD V. These alterations applicable to VASP’s came into effect on 23 April 2021.
This implies that VASP’s have three months from 23 April 2021 to enroll with the CBI. Not enrolling with the CBI as a VASP is a criminal offense. Also, VASP’s now have money laundering and terrorist financing (ML/TF) commitments under the Act. The alterations made in the ownership of VASP’s must have an approval of the CBI.
VASP’s should enlist with the CBI within a period of three months from 23 April 2021. The Act characterizes a VASP as an individual who gives at least one of the following services for, or on behalf of, someone else:
- Custodian wallet provider (e.g. storing private keys).
- Transfers of virtual assets (e.g. transfers from one crypto wallet or account to another).
- Exchanges between one or more types of virtual assets (for example: the exchange of Bitcoin for Ether).
- Exchanges between virtual assets and fiat currencies (for example: the exchange of Bitcoin for Euro or the other way around).
- Participation in, and provision of, financial services concerning to the sale of a virtual asset or an issuer’s offer or both (for example: offering financial services for ICOs and IEOs).
Thus, in case, a crypto business renders any of these services, it will be a VASP under the 2010 Act and should have a registration with CBI as a VASP. However, “virtual assets” under the Act only comprises those crypto-assets that can be both: utilized for the purpose of an investment or payment and digitally traded or transferred but it excludes digital representations of fiat currencies, securities or other monetary assets.
Accordingly, this definition have an exclusion of stable coins that addresses fiat currencies (for example: Tether) and crypto-assets that tokenise securities (for example: shares or bonds) or other financial assets (Excluded Virtual Assets). As needs be, this definition avoids stable coins that address fiat monetary standards (for example Tie) and crypto-resources that tokenise protections (for example offers or bonds) or other monetary resources (Excluded Virtual Assets). This implies that assuming a crypto business is just engaged with Excluded Virtual Assets, it may not need to enroll the CBI. The word may not need to enroll with CBI on the grounds that there might be other regulations of an obligatory nature under different bits of law that may require enlistment with the CBI.