Regulation
ESMA publishes second final report on MiCA
The European Securities and Markets Authority (ESMA) has published the second final report under the Markets in Cryptocurrencies Regulation (MiCA).
Covering eight draft technical standards that aim to ensure greater transparency for retail investors, clarity for providers on the technical aspects of disclosure and record-keeping requirements, and data standards to facilitate oversight by national competent authorities (NCAs), the final report includes the following draft technical standards:
- sustainability indicators for cryptocurrency consensus mechanisms;
- business continuity measures for crypto-asset service providers (CASPs);
- commercial transparency;
- content and format of order registers and record keeping by CASPs;
- machine-readability of white papers and the white paper register; and
- disclosure of inside information to the public.
Once finalized, the draft technical standards will be submitted to the European Commission for adoption. The European Commission will decide whether to adopt them within 3 months.
How CASP Trading Platforms Should Publish Data
The draft standards provide market participants with technical requirements to ensure human and machine readability of cryptocurrency white papers, as well as templates and formats for CASP order and transaction books.
The rules also specify how CASP trading platforms should publish the data required for pre- and post-trade transparency. Once in place, this will ensure that NCAs have access to the information needed for effective supervision of the EU cryptocurrency market.
Finally, the report addresses the issue of public disclosure, helping investors understand the climate and environmental impact of the consensus mechanisms underlying the cryptocurrencies they hold, as well as descriptions of how issuers should disclose sensitive price information to the public to prevent market abuse, such as insider trading.
Sumsub Published “Mastering Travel Rules Compliance”
Sumsub and Mercuryo are together published a document entitled “Mastering Travel Rule Compliance” aimed at providing guidance to Virtual Asset Service Providers (VASPs).
Designed to help cryptocurrency companies understand and implement the Travel Rule to ensure compliance and support business growth, the guidance is especially timely as the recent FATF survey revealed that 35 of 135 jurisdictions have already enacted Travel Rule legislation, with the European Union set to follow by December 30, 2024.
VASPs must respond to the growing global commitment to integrating cryptocurrency into regulated financial systems and ensure a safe, transparent and compliant environment. The guide addresses the complexity of regulation and provides practical solutions to remain compliant while minimizing costs and risks.
The Travel Rule, established by the Financial Action Task Force (FATF), requires financial entities involved in virtual asset transactions to collect and share personal information about both senders and recipients. This regulation is a critical component of anti-money laundering (AML) and counter-terrorist financing (CTF) efforts. It is essential that VASPs and financial institutions adhere to these guidelines to remain compliant, avoid sanctions, and maintain their licenses.