Clément, Solène

Anti-money laundering compliance with cryptoassets - 2021.


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There is no longer any doubt that “cryptocurrencies,” or “cryptoassets,” are a huge success, not only in the business world but also with the general public. However, these blockchain-based financial instruments cause concern regarding their use by criminals, and in particular their ability to facilitate money laundering. The FATF and the European Union have therefore updated their money-laundering prevention laws and France passed the PACTE Act (May 22, 2019) and issued an order (December 9, 2020) that requires cryptoasset industry professionals to combat money laundering. This article analyzes the possibility that the French Penal Code definition of money laundering does not prohibit blockchain from being used in money laundering operations. It then compares the two regimes applicable to cryptoasset industry professionals: some are required to follow anti-money laundering procedures while others are not. The article ends with a review of the problems industry professionals encounter when trying to satisfy the “know your customer” obligations given the continuing technological efforts to maintain anonymity.