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What is AML/KYC in Crypto?

Tezalpreet DhanjubyTezalpreet Dhanju
19 April 2022
in Articles, Opinion
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Over the last few years, cryptocurrencies have completely transformed monetary systems. This, however, implies that they have also redefined money laundering.  Anti-Money Laundering (AML) and Know-Your-Customer (KYC) policies are financial security measures in place to prevent fraudulent activity. Money is a scarce resource. Strategies that make potential threats more difficult to materialize are crucial for preventing economic catastrophe. 

This article discusses the significance of AML and KYC in the context of cryptocurrency.

What is Anti-Money Laundering (AML)?

Money Laundering refers to the process of converting illegally obtained funds into legal funds.

Anti-Money Laundering refers to a system of rules, laws, and regulations aimed at preventing, detecting, and reporting money laundering and terrorism financing. To comply with AML regulations, financial institutions must monitor their clients’ transactions and report any suspicious financial activity.

What is Anti-Money Laundering (AML) for Crypto?

Anti-money laundering (AML) in cryptocurrency refers to the rules, regulations, and policies in place to prevent criminals from converting illegally obtained cryptocurrencies into fiat money.

Money laundering is crucial to any cryptocurrency crime because it allows criminals to shift funds obtained through previous crimes onto the blockchain. Cryptocurrency profits cannot be kept or exchanged for fiat money without drawing the attention of law enforcement.

How Does Crypto AML Work?

To make the crypto industry a safe environment for organizations and individuals, companies in the crypto industry must create effective AML compliance systems. This is because regulators all around the world continue to impose additional regulations on crypto companies. 

Governments all over the world have been wary of the crypto industry. Mining and crypto exchanges, for example, are strictly prohibited in China and South Korea. Japan and Switzerland, on the other hand, allow their residents to trade using cryptocurrency exchanges.

The Financial Action Task Force (FATF)’s objective is to design and propose policies and set global standards. 

In 2014, the FATF started publishing cryptocurrency anti-money laundering (AML) guidelines. Because policymakers in FATF member countries reacted swiftly to the emergence of cryptocurrencies, FinCEN, the European Commission, and dozens of other regulatory bodies have defined the majority of the FATF’s cryptocurrency AML requirements.

The procedure is subsequently passed on to Virtual Asset Service Providers (VASPs), which the FATF defines as cryptocurrency exchanges, stablecoin issuers, and, in some cases, DeFi protocols and NFT marketplaces. 

These companies provide all the resources required to prevent money laundering, such as recruiting compliance officers, conducting KYC checks, and constantly monitoring operations for suspicious activities.

The objective of a VASP is to simply report suspicious behaviour to relevant regulators and agencies, who then employ blockchain analysis tools to analyze the transfer of funds and track illicit activity to real-world identities.

Why is Crypto AML Important?

AML measures are essential for cryptocurrency exchanges as they help to prevent financial crime and ensure compliance with ever-increasing regulations. This involves the implementation of a comprehensive anti-money laundering (AML) program, which comprises the following components:

  • Customer Acceptance Policy
  • Customer Identification Procedures
  • Monitoring of Transactions
  • Risk Management

The Customer Acceptance Policy (CAP) is a vital document in setting the framework for a financial institution’s dealings with its customers. The fundamental goal of customer identification procedures (CIP) is to authenticate a client’s identity. 

Transaction monitoring involves crypto exchanges implementing systems to detect fraudulent transactions and keep customer information up-to-date. The regulations for cryptocurrencies differ across different countries in the European Union for fiat-to-crypto exchanges and crypto-to-crypto exchanges.

Any cryptocurrency service that allows users to exchange fiat money for cryptocurrency must employ KYC. Exchanges that only trade in cryptocurrency are not mandated to.

However, in the United States, FinCEN defines all cryptocurrencies in the same way. This means that, regardless of the currencies they support, all cryptocurrency exchanges must conduct KYC and have a functional AML protocol.

What is ‘“Know Your Customer” (KYC)?

“Know Your Customer” refers to the process of verifying a customer’s identity. The objective is to prevent criminal organizations from using financial institutions to launder money. 

Institutions are required to investigate the identities, legitimacy, and risks associated with maintaining a commercial relationship. The procedures are governed by a financial institution’s anti-money laundering policy.

How Do Major Crypto Exchanges Conduct KYC?

KYC is an essential component of an effective AML policy. While KYC is not mandatory for all crypto-specific exchanges, the vast majority of popular exchanges have started to implement KYC procedures.

Fiat-to-Crypto Exchanges

Robust AML procedures are required for fiat-to-crypto trades. Most large exchanges are now working to implement AML policies, but the effectiveness of these procedures is questionable in some cases.

In its user agreement, Gemini, a prominent exchange, says that it conforms with 13+ rules and requires full KYC to withdraw any funds.

Coinbase employs a similar strategy. It allows users to transfer and store cryptocurrency without having to go through the full KYC procedure.

Customers must, however, go through a comprehensive KYC procedure, which includes presenting official documents as well as Personal Identifiable Information (PII), to conduct crypto transactions. 

To expedite and ensure accuracy, Coinbase uses biometric face recognition and liveness detection to authenticate users.

The applicant must provide their full legal name, date of birth, address, legitimate phone number, social security number, and email address as part of the KYC process. To verify their identities while making withdrawals, users must present valid government credentials, such as a passport or driver’s license.

Crypto-to-Crypto Exchanges

The EU does not have AML regulations in place for crypto-to-crypto exchanges. In the United States, however, the situation is exactly the opposite.

As a result, the majority of crypto-only exchanges restrict US citizens from using their services because doing so would require KYC.

Understanding Know Your Customer (KYC) for Crypto?

  • Customer Identification Program (CIP)

The collecting and verification of customer-provided information in order to create a reasonable belief that the consumer exists and is who they claim to be.

  • Client Due Diligence (CDD) 

Client Due Diligence (CDD) is the act of conducting background checks and other screening on a customer to ensure that they have been accurately risk-assessed before onboarding. 

Different levels of CDD should be employed depending on the consumer’s risk and the type of transactions they intend to undertake. 

Low-dollar-amount accounts and transactions, for example, usually require less CDD than higher-dollar-amount accounts and transactions.

  • Continuous Monitoring 

The two KYC program components listed above are typically employed to protect financial institutions upon account opening. However, they do not protect against changes that may occur after a customer has been established. 

Clients must be re-evaluated regularly to ensure that no odd behaviours or entries on a government sanctions list emerge. 

It is essential to stay current on information security, vulnerabilities, and threats to make risk-based decisions.

Why is Crypto KYC Mandatory?

KYC regulations require financial firms to conduct client interviews to understand their investment expertise, risk tolerance, personal information, and financial state.

These procedures are crucial as they allow criminal investigators to link pseudonymous cryptocurrency addresses to real-world entities if such addresses are linked to criminal activity, preventing unscrupulous entities from concealing the sources of their illegal income.

Benefits of AML/KYC in Crypto

Some of the benefits of complying with crypto KYC/AML regulations include:

  • Prevention of money laundering and other illegal activities:  

KYC is a regulatory procedure that establishes the identity and other details of a financial services user. 

By routing funds through complex transactions, the approach aids in the prevention of money laundering and terrorist financing.

  • Easier tracking of transactions for tax purposes:

The Panama Papers exposed how easy it is for unscrupulous organizations, governments, and individuals to hide money in offshore tax-havens. 

A solid KYC system can aid the accurate tracking of taxes from transactions.

  • Improvement of customer transparency and trust:

Verifying user identities increases transparency while also enhancing consumer trust. 

Users are more likely to continue using the service if they are confident that the cryptocurrency exchange is taking proactive and cautious measures to secure their accounts.

  • Reduced legal risk: 

With legal requirements constantly changing, implementing effective KYC processes may put organizations ahead of the curve, allowing them to focus on increasing conversion rates, simplifying transactions, and ensuring compliance with new international rules rather than trying to catch up.

  • Improved crypto market stability:

The cryptocurrency market is infamous for its volatility. 

One reason for this is the possibility of questionable or illegal anonymous transactions. 

Increased identity verification as part of KYC procedures can help to stabilize the market while also enhancing its market value.

Conclusion

  • Anti-Money Laundering (AML) refers to financial institution’s efforts to ensure compliance with regulations by actively monitoring and reporting suspicious activity.
  • KYC procedures are intended to protect financial institutions against fraud, corruption, money laundering, and terrorist financing.
  • The objective of AML and KYC procedures is to prevent criminal syndicates from using financial institutions to launder money. It essentially allows banks to better understand their clients’ financial activities to better serve them and manage their risks.

 

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