Fintech Belgium Summit 2017 - Regulation Impact - AML by Ben Regnard-Weinrabe
1. FINTECH BELGIUM
SIMPLIFYING KYC FOR FINTECHS
Ben Regnard-Weinrabe, Jens Waldner and Nikki Johnstone
Thursday 14 December 2017
2. 2
KEY LEGAL SOURCES
KYC required under 4th EU Money Laundering Directive (2015/849)
(4MLD) and EU Wire Transfer Regulation (2015/847)
Has to be implemented into national laws
Applicable national laws should normally depend on where
establishment (from which provide services) is located
Opportunity for regulatory arbitrage
Key UK AML sources
Money Laundering, Terrorist Financing and Transfer of Funds (Information
on the Payer) Regulations 2017
Detailed industry guidance produced by the Joint Money Laundering
Steering Group
Key French sources
Ordinance Nr. 2016-1635 of 1 December 2016
Articles L. 561-1 et seq. (= laws) and Articles R. 561-1 et seq. (= regulatory
implementation and guidance) of French Monetary and Financial Code
We will focus on removing “friction” from know your customer (KYC)
process
3. 3
KEY CONSIDERATIONS
Can KYC be avoided?
Is exemption available on basis of e.g. customer type, product and/or transaction amount or
volumes?
Can you rely on KYC done by third party for its own purposes?
If KYC unavoidable, can KYC burden be reduced?
Is simplified due diligence appropriate?
If so, what might it involve?
NB, higher risk factors can include e.g. non-face to face customer onboarding process
(for which additional check against impersonation fraud may be necessary)
Is electronic verification of identity an option?
Carries cost, and may have limitations e.g. depending on customer or their jurisdiction
How creative can you be, e.g. use of information derived from internal sources or
social media?
On what basis can you outsource KYC to be done by third party on your behalf?
Can KYC be delayed, in particular until after onboarding?
Additional NBs
Risk based approach is required
Counterparts such as banks providing you with accounts may require higher standards
And finally
Will 5MLD apply AML regulation to virtual currency players?
4. 4
THE TEAM
Ben Regnard-Weinrabe
Partner, Payments Regulatory
London
T: +44-020-3023-5185
F: +44-020-3023-5485
benregnardweinrabe@paulhastings.com
Nikki Johnstone
Associate, Payments Regulatory
London
T: +44-20-3023-5112
F: +44-20-3023-5412
nikkijohnstone@paulhastings.com
Jens Waldner
Associate, Payments Regulatory
Paris
T: +33.1.42.99.06.74
F: +33.1.78.40.59.74
jenswaldner@paulhastings.com
• Listed as Band 1 in Chambers UK Guide for Payments Law - "In terms of knowledge
they're second to none."
• Listed as Band 2 in Chambers Global FinTech Guide - "Paul Hastings' FinTech practice
is exceptionally well placed to handle payments law issues" and is recognised as "a great
firm for giving modern, tech-focused advice."
• Listed in Chambers UK Guide for Data Protection & Information Law – "fantastic
experts, who are very creative and well connected with the authorities."
5. 5
21 Offices
ACROSS THE AMERICAS, ASIA,
AND EUROPE
1 Legal Team
TO INTEGRATE WITH THE STRATEGIC
GOALS OF YOUR BUSINESS
THE AMERICAS
Atlanta
Chicago
Houston
Los Angeles
New York
Orange County
Palo Alto
San Diego
San Francisco
São Paulo
Washington, D.C.
ASIA
Beijing
Hong Kong
Seoul
Shanghai
Tokyo
EUROPE
Brussels
Frankfurt
London
Milan
Paris