AML Challenges in Decentralized Finance - A Critical Review of FATF Recommendations and Regulatory Gaps

Abstract

This thesis, submitted at the Institute for Law and Finance at Goethe University Frankfurt, provides a critical legal and technological analysis of the effectiveness of the Financial Action Task Force framework in addressing money laundering risks arising from decentralized finance. It examines how decentralized blockchain-based systems fundamentally challenge the assumptions underlying traditional anti-money laundering regulation.The study argues that FATF Recommendations, originally designed for centralized financial systems, are structurally incompatible with decentralized architectures that operate without identifiable intermediaries such as Virtual Asset Service Providers. Through an integrated legal and technological assessment, the research demonstrates how privacy-enhancing tools, including non-custodial wallets, cryptocurrency mixers, zero-knowledge proof mechanisms, and cross-chain bridges, obscure ownership trails and significantly impair regulatory oversight.While these technologies are designed to enhance user privacy, they simultaneously enable sophisticated money laundering techniques, including chain hopping, transaction obfuscation, and the untraceable movement of assets across blockchain networks. The thesis further identifies critical regulatory gaps in the application of core FATF standards, particularly in relation to customer due diligence, beneficial ownership transparency, and the implementation of the Travel Rule.A case study of Bosnia and Herzegovina illustrates the practical consequences of fragmented regulatory implementation. Divergent adoption of FATF standards across its entities reflects the broader “Sunrise Issue,” whereby asynchronous global implementation of the Travel Rule generates cross-border inconsistencies and enforcement challenges.To address these structural deficiencies, the thesis proposes a reinterpretation of FATF standards based on the principle of functional equivalence, extending AML obligations to any actor or protocol exercising effective control over financial transactions, irrespective of formal legal classification. It further advocates for the integration of RegTech, tokenization, and machine learning as tools to reconcile regulatory oversight with technological innovation.The research concludes that the current FATF framework remains fundamentally misaligned with the operational realities of decentralized finance. Ensuring the continued integrity of the global financial system will require the adoption of technologically adaptive, risk-based, and internationally coordinated regulatory approaches. Only through such innovation can AML enforcement remain effective in an increasingly decentralized digital economy.