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The regulation is part of a broader AML framework that includes bank and payment accounts, passbooks and safe-deposit boxes, “crypto-asset accounts allowing anonymisation of transactions,” and “accounts using anonymity-enhancing coins.”
I think they can. on reto one way to pay is to send some kind of a bank transaction. if they were actively looking into it, they would know the account numbers of the monero sellers, and by that they could punish those who send money to them