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COMMUNIQUÉS

New Rule for Crypto and Foreigners from MASAK

Official titleCommuniqué Amending the Financial Crimes Investigation Board General Communiqué (Serial No: 19) (Serial No: 32)

This Communiqué amends the Financial Crimes Investigation Board General Communiqué (Serial No: 19), introducing new principles regarding the remote identification of natural persons who are not Turkish nationals and bringing Crypto Asset Service Providers within the scope of obligations.

Details of the Regulation

Published by the Ministry of Treasury and Finance, this Communiqué makes comprehensive amendments to the Financial Crimes Investigation Board General Communiqué (Serial No: 19) published in the Official Gazette dated 30/4/2021 and numbered 31470. One of the most significant amendments is the addition of Article 4/C, a new article regarding the remote identification of natural persons who are not Turkish nationals. Pursuant to this article, obliged parties will be able to perform remote identification by using a passport equipped with Near Field Communication (NFC) features that complies with standard No. 9303 of the International Civil Aviation Organization (ICAO). This process will be conducted via video call by specially trained personnel, and artificial intelligence-based applications may also be used for liveness tests or photo comparison purposes.

During remote identification, it is mandatory that the identity information stored in the passport's chip matches the physical passport details via NFC. Furthermore, the person's address information must be verified within three months through methods such as a certificate of residence, utility bill, or public institution document; money transfers and cash withdrawal transactions cannot be performed before address verification is completed. Persons accepted as customers through this method shall be evaluated in the high-risk group and subjected to additional monitoring and control measures. These measures include the requirement that money transfers be made from a bank account or card compatible with the customer's identity details, and that international money transfers be made solely to accounts opened in their own name.

Another important amendment is the addition of the phrase "Crypto Asset Service Providers" to Article 5/A of the Communiqué. With this addition, crypto asset service providers have also been brought within the scope of the Financial Crimes Investigation Board’s (MASAK) obligations regarding the prevention of laundering proceeds of crime and the financing of terrorism. In addition, the scope and field of application of the communiqué have been broadened by using the term "Obliged parties" in a more general manner in the definition of "Financial institution" and in certain articles.

REGAS Commentary

This Communiqué introduces significant operational changes and compliance obligations for financial institutions and particularly for crypto asset service providers. While remotely facilitating access to financial services in Turkey for natural persons who are not Turkish nationals, it simultaneously prescribes strict security and control mechanisms to minimize the potential risks of this process (such as money laundering and terrorist financing). In particular, bringing the crypto sector into the regulatory scope has the potential to increase transparency and security in this field. Obliged institutions must update their internal policies and procedures, complete staff training, and strengthen their risk management infrastructure in order to comply with these new regulations.

Questions You Might Have

Which nationalities can benefit from this new remote identification method?
Only natural persons who are not Turkish nationals can benefit from this method by using their passports equipped with Near Field Communication (NFC) features that comply with standard ICAO 9303.
How will the accounts of foreigners who become customers through remote identification be categorized in terms of risk?
Customers acquired through this method will be evaluated in the high-risk group and subjected to stricter monitoring and control measures accordingly.
What kind of change has been introduced for Crypto Asset Service Providers?
Crypto Asset Service Providers have been included within the scope of Article 5/A of the Communiqué, joining the institutions evaluated within the framework of Financial Crimes Investigation Board (MASAK) obligations.
When must address verification be performed during remote identification, and what happens if it is not?
Address information must be verified within three months at the latest through official documents or publicly available databases. Money transfers and cash withdrawal transactions cannot be performed without address verification.

Key Terms

MASAK Genel Tebliği
A regulation issued by the Financial Crimes Investigation Board that determines the procedures and principles regarding the prevention of laundering proceeds of crime and the financing of terrorism.
Uzaktan Kimlik Tespiti
The process of verifying an individual's identity using electronic communication tools (video call, NFC reading, etc.) without their physical presence.
ICAO 9303 Standardı
A standard published by the International Civil Aviation Organization that specifies technical specifications for machine-readable travel documents (passports).
Yükümlüler
Natural and legal persons (financial institutions, certain professional groups, etc.) with specific responsibilities under the legislation on the prevention of laundering proceeds of crime and the financing of terrorism.
Kripto Varlık Hizmet Sağlayıcılar
Platforms and companies offering services such as trading, transferring, and custody of crypto assets.
Yakın Alan İletişimi (NFC)
A wireless communication technology that enables data exchange between devices over short distances (usually a few centimeters).

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