Stablecoin issuer / redeemer in Greece

Law 4557/2018 (as amended), which transposed the EU's 5th Anti-Money Laundering Directive (AMLD5) and 6th Anti-Money Laundering Directive (AMLD6) into national law. This law defines "providers of services of virtual assets" and mandates their registration.

HCMC Decision No. 2/902/10.03.2021 (and subsequent amendments), which provides further details on the registration process and ongoing obligations.

Establish and implement robust AML/CFT policies, procedures, and internal controls in line with national and EU requirements.

Monitor transactions for suspicious activities and report them to the Hellenic Financial Intelligence Unit (FIU).

Appoint an AML Compliance Officer and potentially a Deputy AML Compliance Officer.

Regular staff training on AML/CFT.

Fit & Proper Requirements:

Management and key personnel must demonstrate integrity, competence, and absence of criminal records.

Shareholders holding significant stakes may also be subject to assessment.

While not explicitly always requiring a physical office, the VASP must be incorporated in Greece and have its management and operational base within the country to effectively comply with Greek AML/CFT laws and HCMC supervision.

The national AML regime does not impose specific initial capital requirements as stringent as a licensing regime. However, VASPs are expected to have adequate financial resources to operate responsibly and comply with their obligations. The HCMC will assess the financial soundness as part of the registration.

Hellenic Capital Market Commission (HCMC) - Virtual Assets Page:

Law 4557/2018 (Government Gazette A' 139/30.07.2018): This is the primary Greek AML/CFT law, transposing the Fourth AML Directive (EU 2015/849). It established the general framework for obliged entities.

Law 4734/2020 (Government Gazette A' 199/08.10.2020): This crucial law amended Law 4557/2018 to transpose the Fifth AML Directive (5AMLD) into Greek law. It explicitly expanded the scope of obliged entities to include:

Law 4816/2021 (Government Gazette A' 118/09.07.2021): This law further amended Law 4557/2018, primarily to transpose aspects of the Sixth Anti-Money Laundering Directive (6AMLD) concerning the criminalization of money laundering offenses.

Law 4991/2022 (Government Gazette A' 214/11.11.2022): This law made further amendments to Law 4557/2018, primarily to incorporate the changes from the EU Regulation on information accompanying transfers of funds and certain crypto-assets (Travel Rule).

Identification and Verification of the Customer:

Natural Persons: Obtain and verify the customer's full name, date of birth, place of birth, nationality, permanent address, and unique identification number (e.g., ID card, passport number). Verification must be done using reliable, independent source documents or data (e.g., government-issued photo ID, proof of address).

Legal Entities: Obtain and verify the entity's name, legal form, address of registered office, company registration number, and the names of the directors. Crucially, they must identify and verify the Beneficial Owner(s) (BOs) – any natural person who ultimately owns or controls more than 25% of the entity, directly or indirectly, or exercises control through other means.

Regularly review transactions to ensure they are consistent with the VASP's knowledge of the customer, their business, and risk profile, including, where necessary, the source of funds.

Screen customers against sanction lists (e.g., EU, UN).

Enhanced Due Diligence (EDD): Required for higher-risk situations, such as:

Business relationships with Politically Exposed Persons (PEPs) or their family members/close associates.

Transactions involving high-risk third countries.

Complex, unusually large transactions or unusual patterns of transactions that have no apparent economic or lawful purpose.

CDD Information: Copies of the documents and data obtained through the CDD process (e.g., identification documents, beneficial ownership information).

Transaction Records: All relevant records relating to domestic and international transactions, sufficient to reconstruct individual transactions. This includes dates, amounts, types of virtual assets, sender, and recipient information.

AADE Circular E. 2063/2023: This is the most significant official document from the Greek tax authorities regarding the tax treatment of virtual assets. It defines virtual assets and clarifies that they are not securities, foreign currency, or electronic money for tax purposes, thus determining which existing tax provisions (or lack thereof) apply.

Platform Reporting (Future): As an EU member state, Greece will be subject to the DAC7 directive, which mandates reporting by digital platforms (including some crypto platforms) on the income of sellers using their services. The upcoming DAC8 directive will specifically extend automatic exchange of information to crypto-assets, significantly increasing reporting obligations for crypto-asset service providers from 2026.