From Cash to Crypto: Towards a Consistent Regulatory Approach to Illicit Payments
"From Cash to Crypto: Towards a Consistent Regulatory Approach to Illicit Payments" by Andrea Minto et al. (BIS) examines the challenges for Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) regulation posed by the diversification of payment instruments, from cash and bank deposits to cryptoassets and CBDCs.
The paper introduces a conceptual framework centered on the degree of intermediary involvement in a payment tool. It identifies a "waterbed effect": as regulators tighten AML/CFT rules on one type of instrument (e.g., bank transfers), illicit activity may shift to less-regulated alternatives with lower detection probabilities (e.g., self-hosted crypto wallets). This regulatory arbitrage undermines overall effectiveness.
The framework categorizes payment tools as either intermediary-dependent (e.g., bank deposits, e-money, custodial wallets) where regulated entities perform checks, or non-intermediated (e.g., cash, self-hosted wallets, offline CBDCs) which offer higher anonymity and pose greater detection challenges. Malicious actors are assumed to choose tools that minimize their risk of detection.
A case study of the EU's evolving AML/CFT regime illustrates this dynamic, showing how regulation has expanded over time to cover new entities like Crypto-Asset Service Providers (CASPs). However, inconsistencies remain, such as transaction limits for cash but not yet for self-hosted wallets or offline digital euro transactions.
The paper concludes by proposing a dual regulatory approach: a *lex generalis* establishing a unified baseline of core obligations for all intermediated tools, and a *lex specialis* with tailored rules for non-intermediated instruments (e.g., transaction limits for cash and offline CBDCs, enhanced "touch point" monitoring for self-hosted wallets). This aims to create a more effective, consistent, and forward-looking framework that balances financial integrity with considerations for user privacy and innovation.
marsbit03/29 12:18
