국제자금세탁방지기구(FATF)의 가상화폐 규제 권고안 최종확정

지난 21일 국제자금세탁방지기구(FATF)는 36개 회원국에 암호화폐(Virtual Asset)에 대한 최종 가이드라인을 확정하여 발표했다.
여기에는 암호화페 거래소를 포함한 가상자산 서비스 제공업자(VASP)에 대한 정의와 이들에게 적용할 규제 권고안이 포함되어 있다.

지금까지 법외망에 있던 VASP들에게 기존에 금융기관에 적용해온 Travel Rule을 동일하게 적용한다는 것이 핵심으로,
VASP들은 가상자산(VA) 송금시 송금인의 성명, 거래에 사용된 송금 계좌번호(wallet), 송금인 주소 또는 국가등록 신분번호 / 출생연도/ 출생지, 수취인 성명, 수취인의 계좌번호(wallet) 등의 고객정보를 확인 및 보관해야 한다.
FATF에서 규제권고안을 준비중에 있음이 알려졌을 때부터, 암호화폐 관련 업계에서는 수취인 정보까지 확인하는 것은 기술적으로 불가능할 뿐아니라 이용자의 프라이버시를 해치게 되어 오히려 시장을 black market화 해 법 집행을 어렵게 할 수 있다고 반발하여 왔으나, FATF는 원안대로 확정하였다.

FATF 권고안에 따르면, 상품구매, 서비스 이용 등을 위한 일회성 거래 또는 다른 자연인 이나 법인을 대신하여 일회성 거래를 하는 개인이나 법인은 VASP로 간주되지 않으며, 다음에 해당하는 활동을 영위하거나 다른 개인 또는 법인을 대신하여 활동하는 개인 및 법인은 VASP로 간주한다.
1) 가상자산과 현금통화간의 교환
2) 하나 이상의 가상자산 형태간의 교환
3) 가상 자산의 전송
4) 가상자산 또는 가상자산을 관리할 수 있는 도구의 보관 및 관리
5) 가상자산 발행자의 제공 및 판매와 관련된 금융서비스에의 참여 및 제공

권고안은 VASP는 라이센스를 취득하고 업체 소재지 관할 사법권에 등록해야 하며, 주주, 사업모델 등의 변경시 당국의 사전승인을 받아야 하나, 등록의무는 각 국가가 결정할 수 있다고 하였다.
회원국은 2020년 6월까지 본 권고안을 검토할 수 있으며, 이후 실행에 옮겨야 한다.

이에 따르면, 모든 암호화폐 거래소 (개인이 운영하는 P2P 거래소 또는 환전소 포함)는 회원들의 KYC(고객알기제도:고객실명, 신분번호, 주소 등의 고객정보 확인)를 진행해야 하고, 입출금시 상대의 계좌번호(또는 지갑주소)와 인적사항을 확인 및 보관해야 하며 AML(자금세탁방지) 뿐아니라 CFT(테러자금조달금지) 확인조치까지 해야한다. 다시말해서 거래소들이 본 권고안을 위반하지 않으려면 KYC와 AML /CFT 까지 시스템에 구축이 되어 있어야 한다는 것인데, 이를 위해서는 수억~수십억원의 비용이 들어갈 수 있다. 결국 중소거래소는 문을 닫을 수 밖에 없게 되거나, 관련 업계의 우려대로 음성화될 수 밖에 없을 것이다.

물론 그와중에도 새로운 사업들이 생겨날 수도 있을 것이다. 예를 들어 블록체인기반의 AML / CFT 준수 시스템, 공동 고객인증 시스템 등..

By K.D.J 2019.06.24

“국제자금세탁방지기구(FATF)의 가상화폐 규제 권고안 최종확정”의 2,445개의 댓글

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