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 CySEC.
New businesses must register with CySEC 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:
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The AML/CFT Law;
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The CySEC Directive for the register of crypto asset services providers;
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The CySEC directive for the prevention and suppression of money laundering and terrorist financing.
The regulatory framework includes rules, inter alia, in relation to:
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The fitness and probity of the CASP beneficiaries and persons holding a management position;
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The conditions in relation to CASPs registration;
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The organisational and operational requirements;
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Preforming Know Your Client and other client due diligence measures;
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Drawing the economic profile of clients;
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Identifying the source of client funds;
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Monitoring the clients’ transactions;
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Identifying and reporting suspicious transactions;
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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:
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reception and transmission of client orders
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execution of orders on behalf of clients
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exchange between crypto-assets and fiat currency
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exchange between crypto-assets
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participation and/or provision of financial services related to the distribution, offering and/or sale of crypto-assets, including the initial offering
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placement of crypto-assets without firm commitment
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portfolio management.
|
€125.000 |
Class 3 |
CASPs that provide any of the services referred to in Class 1 or 2 and/or:
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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
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underwriting and/or placement of crypto-assets with firm commitment
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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 CySEC’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
caspregistrations@cysec.gov.cy.
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
eeacasp@cysec.gov.cy.
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:
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€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.
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€5.000 for the purposes of renewal of registration per year.