Response to consultation on Guidelines to prevent transfers of funds can be abused for ML and TF
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Is this approach compliant with Regulation (EU) 2015/847?
In the case of SEPA incomings with the non-EU sender (eg Switzerland), the payee's PSP must detect the missing information on the payer's name + payer's account number + payer date / date and place of birth or only Missing name information Payer + payer account number?
2. Chapter II, point 33 - For the case when PSP of the payee decides to send reminder to the sending PSP, must it be within the terms of point 32 (3 days for the EU / 5 days for Non EU) or add another 3/5 days?
Is there a limited number for sending reminders?
o “PO BOX” + Town+Country
o Building name + Town +Country
o Airport name +Country?
Question 1: Do you agree with the general considerations in Chapter 1? In particular, do you agree that these are necessary to ensure an effective, risk-based and proportionate approach to complying with Regulation (EU) 2015/847? If you do not agree, clearly set out your rationale and provide supporting evidence where available. Please also set out what you consider to be the common principles that apply to both, the PSP of the payee and the intermediary PSP, and why.
No comments to be doneQuestion 2: Do you agree that the expectations on intermediary PSPs and PSPs of the payee in Chapter II are proportionate and necessary to both comply with Regulation (EU) 2015/847 and ensure a level playing field? In particular, do you agree with: • The steps PSPs should take to detect and manage transfers of funds with missing information of inadmissible characters or inputs? • The steps PSPs should take to detect and manage PSPs that are repeatedly failing to provide the required information? If you do not agree, clearly set out your rationale and provide supporting evidence where available. Please also set out at what you believe PSPs should do instead, and why.
1. Chapter II, point 20 alin 2: From our understanding, SEPA transactions are assimilated to transfers of funds within the Union, even if the banks involved are not EU members. E.g. The Incomings from Switzerland can be treated as incomings from the EU.Is this approach compliant with Regulation (EU) 2015/847?
In the case of SEPA incomings with the non-EU sender (eg Switzerland), the payee's PSP must detect the missing information on the payer's name + payer's account number + payer date / date and place of birth or only Missing name information Payer + payer account number?
2. Chapter II, point 33 - For the case when PSP of the payee decides to send reminder to the sending PSP, must it be within the terms of point 32 (3 days for the EU / 5 days for Non EU) or add another 3/5 days?
Is there a limited number for sending reminders?
Question 3: Do you agree with the provisions for intermediary PSPs in Chapter III? If you do not agree, clearly set out your rationale and provide supporting evidence where available. Please also set out how you think intermediary PSPs can meet their obligations in Article 10 of Regulation (EU) 2015/847 instead.
No comments to be doneQuestion 4: Do you agree with the provisions for PSPs of the payee in Chapter IV? If you do not agree, clearly set out your rationale and provide supporting evidence where available. Please also set out how you think PSPs of the payee can meet their obligations instead.
Regarding Non EU transfers, can we consider as “complete information regarding the payer” the following scenarios:o “PO BOX” + Town+Country
o Building name + Town +Country
o Airport name +Country?