Binance has withdrawn its MiCA application in Greece after resistance from national authorities, with users told the absence of a formal decision before the transition deadline forced the company to seek authorisation elsewhere. Talks with regulators in Ireland and Latvia have also reportedly encountered friction, even though Binance maintains Greece was its only formal application. ESMA has directed unauthorised crypto-asset service providers to stop onboarding new EU clients and restrict existing services to exit and withdrawal activity.
MiCA licensing is a fitness test administered by a national regulator whose approval extends passporting rights across all 27 EU member states. Under Articles 62 and 63, the regulator must certify Binance's management body, qualifying shareholders, AML and CFT controls, custody systems, client-asset segregation, and group structure as sound enough to operate without borders, with explicit grounds to refuse where the management body or ownership poses a serious risk of money laundering or market integrity failure.
Why it matters
A European regulator weighing Binance under MiCA cannot ignore the company's US record. In November 2023, the Department of Justice announced Binance pleaded guilty and agreed to pay more than $4 billion to resolve Bank Secrecy Act, money transmission, and sanctions violations, with Changpeng Zhao separately pleading guilty to failing to maintain an effective AML program. Treasury's FinCEN settlement reached $3.4 billion and OFAC's $968 million, both accompanied by monitorship and compliance undertakings. Those findings directly address the same controls MiCA requires regulators to evaluate before granting passporting rights: AML systems, sanctions screening, management accountability, and group governance.
Binance argues it has rebuilt, now employing roughly 1,500 compliance staff. The regulator's question is whether that rebuild is supported by evidence or merely asserted, while Zhao remains a major beneficial owner and Reuters has reported European regulators examining his continued influence. France, Italy, and Austria have each warned that differences in national supervision could allow crypto firms to shop for the lightest scrutiny, and French officials have explicitly described regulatory shopping as a search for the weakest link. A regulator approving Binance would carry a bloc-wide political judgment, and absorb reputational exposure if that decision later proved wrong.
Frequently asked questions
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Why did Binance withdraw its MiCA application in Greece?
Binance withdrew its MiCA application in Greece after reported resistance from national authorities, telling users the absence of a formal decision before the transition deadline forced the company to seek authorisation elsewhere.
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What US penalties is Binance's MiCA case being weighed against?
Binance pleaded guilty in November 2023 and agreed to pay more than $4 billion to the DOJ, $3.4 billion to FinCEN, and $968 million to OFAC, with CZ separately pleading guilty to failing to maintain an effective AML program.
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How does MiCA licensing actually work across the EU?
A single national competent authority runs the fitness test under MiCA Articles 62 and 63, and once it approves an applicant, that authorisation extends to all 27 EU member states through passporting.
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Why are France, Italy and Austria pushing back on cross-border crypto approvals?
All three have warned that differences in national supervision could let crypto firms shop for the regulator with the lightest scrutiny, with French officials explicitly describing it as a search for the weakest link.
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What happens to Binance users in the EU if no regulator approves the firm?
ESMA has already directed unauthorised CASPs to stop onboarding new EU clients and restrict existing services to exit and withdrawal activity, so users would be directed to sell or withdraw while licensed rivals absorb market share.
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