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EU Anti-Money Laundering Agency's new regulations bring remote crypto exchanges into the scope of d

2026-09-10 16:17:39
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The EU plans to include large cross-border crypto companies in direct anti-money laundering supervision

Even if they serve customers remotely and do not set up branches or local offices, the EU is also preparing to include large cross-border crypto firms directly in the anti-money laundering (AML) regulatory system. The framework provides an avenue for the European Union Anti-Money Laundering Authority (AMLA) to oversee high-risk financial institutions operating in at least six member states, including crypto asset service providers.

AMLA finalized screening rules stipulate that when a company has more than 20,000 permanent customers in a member state, or processes annual inflows and outflows for those customers with a total of more than € 50 million, its remote activities are considered to have a substantial impact in that country. These thresholds are alternative and activities carried out directly through branches, agents or distributors can also be counted into the test criteria.

This model adds an anti-money laundering layer to the Cross-Border Passport System of the Cryptographic Asset Markets Regulation (MiCA). MiCA allows authorized crypto asset service providers to operate across the EU without having to have a physical presence in each host member state; at the same time, AMLA can still count sufficiently large remote markets into its geographical scope test. The move follows previous EU actions to require unauthorized crypto companies to cease business activities after the MiCA transition period ended.

Direct supervision will be launched in 2028

The current screening method has not yet been officially implemented. AMLA completed draft regulatory technical standards in December 2025, but these rules still need to be approved by the European Commission before they can be directly applied in member states. AMLA will launch its first screening process in July 2027, and direct supervision is expected to begin in 2028.

Simply crossing customer or transaction thresholds does not automatically bring a company into AMLA regulation. Eligible institutions must operate in at least six member states and be classified as "high residual money laundering or terrorist financing risk" based on the Authority's methodology. The first batch of screenings is expected to cover as many as 40 high-risk financial institutions or groups.

Crypto companies are clearly within the financial sector's anti-money laundering regime. The EU's anti-money laundering regulations include crypto asset service providers in the definition of financial institutions and introduce stricter requirements, covering customer due diligence, cross-border crypto relationships, and transfers involving self-custodial addresses. These requirements form part of the broader 2027 Crypto Customer Authentication (KYC) Framework.

Fines for serious violations can reach 10% of turnover

AMLA will gain direct enforcement power over selected companies. For serious, repetitive or systematic violations involving customer due diligence, internal control or reporting obligations, the statutory penalty framework allows sanctions equivalent to up to 10% of annual turnover, taking into account aggravating and mitigating factors.

The 10% rate is a cap rather than an automatic fine. Applying a lower benchmark penalty range first, AMLA must consider the severity and circumstances of each violation before determining final sanctions.

AMLA's first screening cycle will last from July to December 2027, and the selected institutions will be transferred to direct anti-money laundering supervision at the EU level within six months after the 2028 final list is released.

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