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Regulation (EU) 2023/1113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain crypto-assets and amending Directive (EU) 2015/849 (Text with EEA relevance)RecitalsChapter I Subject matter, scope and definitions (arts. 1-3)Article 1 Subject matterArticle 2 ScopeArticle 3 DefinitionsChapter II Obligations on payment service providers (arts. 4-13)Section 1 Obligations on the payment service provider of the payer (arts. 4-6)Article 4 Information accompanying transfers of fundsArticle 5 Transfers of funds within the UnionArticle 6 Transfers of funds to outside the UnionSection 2 Obligations on the payment service provider of the payee (arts. 7-9)Article 7 Detection of missing information on the payer or the payeeArticle 8 Transfers of funds with missing or incomplete information on the payer or the payeeArticle 9 Assessment and reportingSection 3 Obligations on intermediary payment service providers (arts. 10-13)Article 10 Retention of information on the payer and the payee accompanying the transferArticle 11 Detection of missing information on the payer or the payeeArticle 12 Transfers of funds with missing information on the payer or the payeeArticle 13 Assessment and reportingChapter III Obligations on crypto-asset service providers (arts. 14-22)Section 1 Obligations on the crypto-asset service provider of the originator (arts. 14-15)Article 14 Information accompanying transfers of crypto-assetsArticle 15 Batch file transfers of crypto-assetsSection 2 Obligations on the crypto-asset service provider of the beneficiary (arts. 16-18)Article 16 Detection of missing information on the originator or the beneficiaryArticle 17 Transfers of crypto-assets with missing or incomplete information on the originator or the beneficiaryArticle 18 Assessment and reportingSection 3 Obligations on intermediary crypto-asset service providers (arts. 19-22)Article 19 Retention of information on the originator and the beneficiary accompanying the transferArticle 20 Detection of missing information on the originator or the beneficiaryArticle 21 Transfers of crypto-assets with missing information on the originator or the beneficiaryArticle 22 Assessment and reportingChapter IV Common measures applicable by payment service providers and crypto-asset service providers (art. 23)Article 23 Internal policies, procedures and controls to ensure implementation of restrictive measuresChapter V Information, data protection and record-retention (arts. 24-27)Article 24 Provision of informationArticle 25 Data protectionArticle 26 Record retentionArticle 27 Cooperation among competent authoritiesChapter VI Sanctions and monitoring (arts. 28-33)Article 28 Administrative sanctions and measuresArticle 29 Specific provisionsArticle 30 Publication of sanctions and measuresArticle 31 Application of sanctions and measures by competent authoritiesArticle 32 Reporting of breachesArticle 33 MonitoringChapter VII Implementing powers (art. 34)Article 34 Committee procedureChapter VIII Derogations (art. 35)Article 35 Agreements with countries and territories which do not form part of the territory of the UnionChapter IX Other provisions (arts. 36-37)Article 36 GuidelinesArticle 37 ReviewChapter X Final provisions (arts. 38-40)Article 38 Amendments to Directive (EU) 2015/849Article 39 RepealArticle 40 Entry into forceAnnex I Repealed Regulation with the Amendment theretoAnnex II Correlation TableDone at
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AI Summary of Article 35 Agreements with countries and territories which do not form part of the territory of the Union

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Version status: Applicable | Document consolidation status: No known changes
Version date: 30 December 2024 - onwards
Version 3 of 3

Article 35 Agreements with countries and territories which do not form part of the territory of the Union

1. The Commission may authorise any Member State to conclude an agreement with a third country or with a territory outside the territorial scope of the Treaty on European Union and the Treaty on the Functioning of the European Union (TFEU) as referred to in Article 355 TFEU (the 'country or territory concerned'), which contains derogations from this Regulation, in order to allow transfers of funds between that country or territory and the Member State concerned to be treated as transfers of funds within that Member State.

Such agreements may be authorised only where all of the following conditions are met:

(a) the country or territory concerned shares a monetary union with the Member State concerned, forms part of the currency area of that Member State or has signed a monetary convention with the Union represented by a Member State;

(b) payment service providers in the country or territory concerned participate directly or indirectly in payment and settlement systems in that Member State;

(c) the country or territory concerned requires payment service providers under its jurisdiction to apply the same rules as those established under this Regulation.

2. A Member State wishing to conclude an agreement as referred to in paragraph 1 shall submit a request to the Commission and provide it with all the information necessary for the appraisal of the request.

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