Assessment: Mittenda Limited IE · Regulation: EU 2023/1113 · Roles: PSP, Intermediary PSP, CASP, Intermediary CASP
Stage 2 — Context
ISO 31000:2018 §6.3 — Scope, context and criteria — what this requires
ISO 31000:2018 §6.3 — Scope, context and criteria
The purpose of establishing the scope, context and criteria is to customize the risk management process, enabling effective risk assessment and appropriate risk treatment.
Establish scope, criteria, appetite and the stakeholder roster the rest of the assessment hangs off. Each of the seven sub-screens captures one part; when they're all set, lock the stage so it can be approved. Stage state: In progress
Foundational frame
EU 2023/1113 Articles 1–2 — the objective, scope and exemptions the in-scope obligations are read against.
Preventing, detecting and investigating money laundering and terrorist financing.
- Rules on the information on originators and beneficiaries accompanying transfers of funds (any currency) and of crypto-assets.
- Rules on internal policies, procedures and controls to ensure implementation of restrictive measures (sanctions).
- Funds
- Transfers of funds, in any currency, sent or received by a payment service provider or an intermediary payment service provider established in the Union.
- Crypto assets
- Transfers of crypto-assets (including via crypto-ATMs) where the CASP or intermediary CASP of either the originator or the beneficiary has its registered office in the Union.
- Territorial nexus
- At least one PSP/CASP involved is established or has its registered office in the Union.
Art 2 exemptions 11 — scope-boundary breach modes derive from these
- EXM-PSD2-EXCLUDED-SERVICES Art 2(2)ConditionThe service is one of those listed in Article 3, points (a)-(m) and (o), of Directive (EU) 2015/2366 (PSD2).EffectRegulation does not apply.
- EXM-CARD-DEVICE-GOODS-SERVICES Art 2(3) + (a) + (b) + consumer-clauseConditionTransfer of funds / e-money tokens carried out using a payment card, e-money instrument, mobile phone or similar digital/IT prepaid-or-postpaid device, PROVIDED BOTH: (a) the card/instrument/device is used EXCLUSIVELY to pay for goods or services; AND (b) the number of that card/instrument/device accompanies all transfers flowing from the transaction.EffectRegulation does not apply.Carve-backRegulation DOES apply when the card/instrument/device is used to effect a transfer between natural persons acting as consumers for purposes OTHER THAN trade, business or professional activity (consumer-to-consumer, non-trade).
- EXM-DOCUMENT-CONVERSION-PERSONS Art 2(4) sub-1 limb 1ConditionPersons that have no activity other than converting paper documents into electronic data, pursuant to a contract with a payment service provider.EffectRegulation does not apply (to those persons).
- EXM-MESSAGING-SUPPORT-SYSTEM-PROVIDERS Art 2(4) sub-1 limb 2ConditionPersons that have no activity other than providing PSPs with messaging or other support systems for transmitting funds, or with clearing and settlement systems.EffectRegulation does not apply (to those persons).
- EXM-CRYPTO-CASP-OWN-BEHALF Art 2(4) crypto (a)ConditionTransfer of crypto-assets where both the originator and the beneficiary are crypto-asset service providers acting on their own behalf.EffectRegulation does not apply.
- EXM-CRYPTO-P2P-NO-CASP Art 2(4) crypto (b)ConditionPerson-to-person transfer of crypto-assets carried out without the involvement of a crypto-asset service provider.EffectRegulation does not apply.
- EXM-FUNDS-CASH-WITHDRAWAL-OWN-ACCOUNT Art 2(4) funds (a)ConditionTransfer of funds involving the originator withdrawing cash from the originator's own payment account.EffectRegulation does not apply.
- EXM-FUNDS-TAX-FINES-LEVIES-PUBLIC-AUTHORITY Art 2(4) funds (b)ConditionTransfer of funds to a public authority as payment for taxes, fines or other levies within a Member State.EffectRegulation does not apply.
- EXM-FUNDS-PSP-OWN-BEHALF Art 2(4) funds (c)ConditionTransfer of funds where both the originator and the beneficiary are payment service providers acting on their own behalf.EffectRegulation does not apply.
- EXM-FUNDS-CHEQUE-IMAGE-EXCHANGE Art 2(4) funds (d)ConditionTransfer of funds carried out through cheque-image exchanges, including truncated cheques.EffectRegulation does not apply.
- EXM-MEMBER-STATE-LOW-VALUE-GOODS-SERVICES Art 2(5) + (a) + (b) + (c)ConditionOPTIONAL Member-State derogation: a Member State may decide not to apply the Regulation to transfers within its territory to a beneficiary's payment account permitting payment EXCLUSIVELY for goods or services, where ALL: (a) the beneficiary's PSP is subject to Directive (EU) 2015/849; (b) the beneficiary's PSP can trace back, through the beneficiary, by a unique transaction identifier, the transfer from the person who has the goods/services agreement with the beneficiary; (c) the transfer amount does not exceed EUR 1 000.EffectRegulation may not apply (at Member-State election).
Context inputs
Seven sub-screens. Each can be edited independently while the stage is open; the rollup here tracks completeness so a reviewer can see at a glance what's still missing.
Context sign-off
Capture the seven Context inputs above. Once complete, lock the stage so it can be approved by a named signatory.