Regulation Scheme for Journeys
In the ever-evolving world of virtual assets, adhering to anti-money laundering (AML) regulations has become a crucial aspect for businesses. One such regulation is the Travel Rule, a recommendation published by the Financial Action Task Force (FATF) in 2019, which requires Virtual Asset Service Providers (VASPs) and financial institutions engaged in crypto transfers to collect and share the personal data of senders and recipients.
Enter Sumsub, a service designed to help businesses stay AML compliant in jurisdictions enforcing Travel Rule regulations. Sumsub offers a comprehensive solution that addresses the complexities associated with the Travel Rule, ensuring businesses can avoid potential regulatory fines and maintain customer trust.
Sumsub's service is designed to handle transactions with unlicensed, unregistered, or unhosted wallets in compliance with the Travel Rule. It includes identification and verification of the receiving VASP (Counterparty Due Diligence), detection of VASP-to-VASP payments, and checks for sanctions, watchlists, and adverse media in transactions.
Moreover, Sumsub's service ensures secure data transmission and reception, addressing data privacy issues in the context of the Travel Rule. It is designed to help businesses navigate AML compliance in multiple countries, making it an ideal solution for businesses operating across borders.
The Travel Rule has been implemented in various countries around the world, including the United States, the European Union member states, Japan, Singapore, Hong Kong, Turkey, and Argentina, among others. Enforcement actions vary, with the United States enforcing the rule through FinCEN with significant penalties for violations, while the European Union member states implement it via the Transfer of Funds Regulation (TFR), with enforcement actions and license suspensions for non-compliance.
In Asia-Pacific, Japan, Singapore, and Hong Kong have all enforced the Travel Rule, with the Financial Services Agency (FSA) in Japan taking enforcement actions such as business improvement orders, and the Monetary Authority of Singapore (MAS) enforcing the rule with revoked licenses for non-compliance.
In Turkey, recently tightened rules including licensing and customer reporting for crypto service providers, aligning with Travel Rule expectations. Argentina has also introduced new regulations requiring VASPs to register with the National Securities Commission and comply with AML/CTF standards connected to the Travel Rule.
Other countries in Latin America, such as El Salvador, have also proactively established compliance regimes in line with Travel Rule guidance, though specifics were not detailed.
In summary, the Travel Rule is actively enforced in major jurisdictions in North America, Europe, Asia-Pacific, and selected Latin American countries, including the United States, European Union member states, Japan, Singapore, Hong Kong, Turkey, Argentina, and El Salvador (proactive compliance). With many others adopting versions of the rule under FATF guidance, it is essential for businesses to ensure AML compliance in jurisdictions where the Travel Rule is enforced. By using Sumsub, businesses can ensure they stay compliant with the Travel Rule regulations, maintain customer trust, and preserve their reputation.
[1] FinCEN. (2021). Frequently Asked Questions on the Application of the FinCEN's Travel Rule to Virtual Asset Service Providers. Retrieved from https://www.fincen.gov/resources/statutes-regulations/guidance/frequently-asked-questions-application-fincens-travel-rule-virtual
[2] FATF. (2021). Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers. Retrieved from https://www.fatf-gafi.org/publications/fatfgeneral/documents/guidance-risk-based-approach-virtual-assets-virtual-asset-service-providers.html
[3] FATF. (2022). Virtual Assets and Virtual Asset Service Providers: Implementation of the FATF Standards - Second Progress Report. Retrieved from https://www.fatf-gafi.org/publications/fatfgeneral/documents/virtual-assets-and-virtual-asset-service-providers-implementation-fatf-standards-second-progress-report.html
- In light of the Travel Rule's implementation across major jurisdictions like the United States, European Union, Asia-Pacific, and select Latin American countries, it's imperative for businesses to ensure they stay compliant with AML regulations, akin to the Travel Rule, to maintain customer trust, preserve their reputation, and avoid potential fines.
- Employing a comprehensive service like Sumsub, which is designed to help businesses adhere to AML regulations in jurisdictions that enforce the Travel Rule, can enable companies to navigate complexities associated with the Travel Rule, ensure secure data transmission, and comply with various other requirements related to the Travel Rule.