Central Government Issues Notification on Norms of ‘Reporting Entities’ under Prevention Of Money Laundering Act To Cryptocurrency Exchanges

Central Government Issues Notification on Norms of ‘Reporting Entities’ under Prevention Of Money Laundering Act To Cryptocurrency Exchanges

The Ministry of Finance through its Department of Revenue has issued a notification stating that cryptocurrency exchanges shall include “persons carrying on designated businesses or professions” within the meaning of Section 2(1)(sa) of the Prevention of Money Laundering Act. This means that crypto exchanges will come within the definition of “reporting entity” within the meaning of Section 2(wa) of the Prevention of Money Laundering Act (PMLA).

Consequently, crypto exchanges should follow the norms and obligations of other reporting entities likes banks and financial institutions in relation to verification of identities of clients, maintenance of records etc.

The obligations of “reporting entities” are specified in Chapter IV of the PMLA. The duties of “reporting entities” are stipulated under Chapter IV of the PMLA.

The notification issued by the Ministry of Finance brought the following activities under Section 2(1)(sa) of the PMLA:

(i) exchange between virtual digital assets and fiat currencies;

(ii) exchange between one or more forms of virtual digital assets;

(iii) transfer of virtual digital assets;

(iv) safekeeping or administration of virtual digital assets or instruments enabling control over virtual digital assets; and

(v) participation in and provision of financial services related to an issuer’s offer and sale of a virtual digital asset.

Further, “virtual digital asset” shall have the same meaning assigned to it in clause (47A) of section 2 of the Income Tax Act, 1961.