CySEC is the anti-money laundering and
counter-terrorist financing (AML/CFT) supervisor for crypto-asset operations undertaken in
or from Cyprus.
If you are a Crypto Asset Services Provider (“CASP”), within the meaning of the
Prevention and Suppression of Money Laundering and Terrorist Financing Law (“AML/CFT
Law”), that provides services in or from Cyprus, you must formally register with the
Cyprus Securities and Exchange Commission (“CySEC”).
If you are a CASP established in the EEA and registered with one or more EEA National Competent
Authorities for AML/CFT purposes in relation to all services or activities undertaken or
intended to be undertaken in Cyprus (i.e. involving Cypriot residents, including incorporated or
unincorporated entities based in Cyprus), you must submit a notification, providing evidence in
relation to your valid registration for each service or activity. Where these services or
activities are not covered by the framework that governs your registration for AML/CFT purposes,
you should submit an application to be registered as a CASP with HCMC Regulator.
New businesses must register with HCMC Regulator before commencing their operations in or from
Cyprus.
Existing businesses that demonstrate a material existing crypto-asset activity will need to
submit an application before the end of October 2021 and be fully compliant with the AML/CFT Law
and the Directives issued pursuant to the AML/CFT Law.
Regulatory Framework
The applicable regulatory framework (which is available
here)
is comprised of:
-
The AML/CFT Law;
-
The HCMC Regulator Directive for the register of crypto asset services providers;
-
The HCMC Regulator directive for the prevention and suppression of money laundering and terrorist
financing.
The regulatory framework includes rules, inter alia, in relation to:
-
The fitness and probity of the CASP beneficiaries and persons holding a management
position;
-
The conditions in relation to CASPs registration;
-
The organisational and operational requirements;
-
Preforming Know Your Client and other client due diligence measures;
-
Drawing the economic profile of clients;
-
Identifying the source of client funds;
-
Monitoring the clients’ transactions;
-
Identifying and reporting suspicious transactions;
-
Undertaking a comprehensive risk assessment in relation to clients’ activities and
take proportionate measures per client, activity and crypto-asset in question.
Our approach on CASPs and their operations is further elaborated in our Policy Statement
PS-01-2021 (available
here).
Interested parties must consult the regulatory framework and our Policy Statement.
Crypto-asset activities and initial
capital
CASP
|
Type of crypto-asset activity
|
Initial Capital
|
Class 1 |
CASPs that provide investment advice |
€50.000 |
Class 2 |
CASPs providing the service referred to in Class 1 and/or any of the following
services:
-
reception and transmission of client orders
-
execution of orders on behalf of clients
-
exchange between crypto-assets and fiat currency
-
exchange between crypto-assets
-
participation and/or provision of financial services related to the
distribution, offering and/or sale of crypto-assets, including the
initial offering
-
placement of crypto-assets without firm commitment
-
portfolio management.
|
€125.000 |
Class 3 |
CASPs that provide any of the services referred to in Class 1 or 2 and/or:
-
administration, transfer of ownership, transfer of site, holding, and/or
safekeeping, including custody, of crypto-assets or cryptographic keys
or means enabling control over crypto-assets
-
underwriting and/or placement of crypto-assets with firm commitment
-
operation of a multilateral system, which brings together multiple
third-party buying and selling interests in crypto-assets in a way that
results in a transaction.
|
€150.000 |
How to Register
CASPs that provide services in or from Cyprus must submit a dully completed application form,
along with relevant questionnaires and any additional information and/or required evidence, in
accordance with HCMC Regulator’s Announcements on the submission of applications and relevant
correspondence, as amended from time to time (the latest version of the announcement could be
found
here) and pay the corresponding
fee. In addition to this, an electronic version of the application form (i.e. only Form 188-01)
should be also submitted at
[email protected].
CASPs established in the EEA that are registered with one or more EEA National Competent
Authorities for AML/CFT purposes in relation to all services or activities undertaken or
intended to be undertaken in Cyprus, must submit a notification form at
[email protected].
The application form, the questionnaires for CASP Beneficiaries and for Persons Holding a
Management Position and the notification form for EEA registered CASPs, can be found
here
Registration Fees
Our registration charges are as follows:
-
€10.000 for the examination of an application. Successful applicants will not be
required to pay an additional fee for the first year of their registration.
-
€5.000 for the purposes of renewal of registration per year.