The Joint Committee of the European Supervisory Authorities (ESA) issued on February 10, 2017 draft rules regarding certain anti-money laundering (AML) and counter-terrorism steps for Member States of the European Union (EU). The draft rules seek to provide a consistent framework for payment service providers or electronic money issuers which provide cross-border services within the EU, and which execute transactions exceeding three million Euros annually, to appoint and define the responsibilities of a Central Contract Point, or CCP.

Close up of magnifying glass on the flags of the worldA CCP, required to be appointed by some but not all EU Member States, serves as a point of contact between a Member State’s competent authorities and the firm. The basic responsibilities of a CCP include ensuring a firm’s compliance with the host Member State’s AML and counter-terrorism financing requirements, and facilitating the firm’s supervision by the host Member State’s competent authorities, such as by providing documents and information upon request.  According to the ESA Joint Committee, the draft rules “set out the criteria Member States will consider when deciding whether foreign payment service providers and electronic money issuers should appoint a CCP, and list the functions this CCP should perform. The aim is to support the development of a CCP regime that is clear, proportionate and risk-based, and effectively supports the fight against money laundering and terrorist financing.”

These rules should help mitigate AML and terrorist financing risks by addressing the regulatory arbitrage opportunities that allow certain payments industry companies operating in the EU to avoid AML and counter-terrorism program requirements and supervision.

The ESA, which is comprised of the European Banking Authority, the European Securities and Markets Authority, and the European Insurance and Occupational Pensions Authority, is seeking comments on the proposed rules through May 5, 2017.