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Anti-Money Laundering Regulation

Table of Contents

Chapter I — General provisions

Art. 1 — Subject matter Art. 2 — Definitions Art. 3 — Obliged entities Art. 4 — Exemptions for certain providers of gambling services Art. 5 — Exemptions for certain professional football clubs Art. 6 — Exemptions for certain financial activities Art. 7 — Prior notification of exemptions Art. 8 — Notification of cross-border operations and application of national law

Chapter II — Internal policies, procedures and controls of obliged entities

Art. 9 — Scope of internal policies, procedures and controls Art. 10 — Business-wide risk assessment Art. 11 — Compliance functions Art. 12 — Awareness of requirements Art. 13 — Integrity of employees Art. 14 — Reporting of breaches and protection of reporting persons Art. 15 — Situation of specific employees Art. 16 — Group-wide requirements Art. 17 — Branches and subsidiaries in third countries Art. 18 — Outsourcing

Chapter III — Customer due diligence

Art. 19 — Application of customer due diligence measures Art. 20 — Customer due diligence measures Art. 21 — Inability to comply with the requirement to apply customer due diligence measures Art. 22 — Identification and verification of the identity of customers and beneficial owners Art. 23 — Timing of the verification of the customer and beneficial owner identity Art. 24 — Reporting of discrepancies with information contained in beneficial ownership registers Art. 25 — Identification of the purpose and intended nature of a business relationship or occasional transaction Art. 26 — Ongoing monitoring of the business relationship and monitoring of transactions performed by customers Art. 27 — Temporary measures for customers subject to UN financial sanctions Art. 28 — Regulatory technical standards on the information necessary for the performance of customer due diligence Art. 29 — Identification of third countries with significant strategic deficiencies in their national AML/CFT regimes Art. 30 — Identification of third countries with compliance weaknesses in their national AML/CFT regimes Art. 31 — Identification of third countries posing a specific and serious threat to the Union’s financial system Art. 32 — Guidelines on money laundering and terrorist financing risks, trends and methods Art. 33 — Simplified due diligence measures Art. 34 — Scope of application of enhanced due diligence measures Art. 35 — Countermeasures to mitigate money laundering and terrorist financing threats from outside the Union Art. 36 — Specific enhanced due diligence measures for cross-border correspondent relationships Art. 37 — Specific enhanced due diligence measures for cross-border correspondent relationships for crypto-asset service providers Art. 38 — Specific measures for individual third-country respondent institutions Art. 39 — Prohibition of correspondent relationships with shell institutions Art. 40 — Measures to mitigate risks in relation to transactions with a self-hosted address Art. 41 — Specific provisions regarding applicants for residence by investment schemes Art. 42 — Specific provisions regarding politically exposed persons Art. 43 — List of prominent public functions Art. 44 — Politically exposed persons who are beneficiaries of insurance policies Art. 45 — Measures for persons who cease to be politically exposed persons Art. 46 — Family members and persons known to be close associates of politically exposed persons Art. 47 — Specifications for the life and other investment-related insurance sector Art. 48 — General provisions relating to reliance on other obliged entities Art. 49 — Process of reliance on another obliged entity Art. 50 — Guidelines on reliance on other obliged entities

Chapter IV — Beneficial ownership transparency

Art. 51 — Identification of beneficial owners for legal entities Art. 52 — Beneficial ownership through ownership interest Art. 53 — Beneficial ownership through control Art. 54 — Coexistence of ownership interest and control in the ownership structure Art. 55 — Ownership structures involving legal arrangements or similar legal entities Art. 56 — Notifications Art. 57 — Identification of beneficial owners for legal entities similar to express trust Art. 58 — Identification of beneficial owners for express trusts and similar legal arrangements Art. 59 — Identification of a class of beneficiaries Art. 60 — Identification of objects of a power and default takers in discretionary trusts Art. 61 — Identification of beneficial owners of collective investment undertakings Art. 62 — Beneficial ownership information Art. 63 — Obligations of legal entities Art. 64 — Trustee obligations Art. 65 — Exceptions to obligations of legal entities and legal arrangements Art. 66 — Nominee obligations Art. 67 — Foreign legal entities and foreign legal arrangements Art. 68 — Penalties

Chapter V — Reporting obligations

Art. 69 — Reporting of suspicions Art. 70 — Specific provisions for reporting of suspicions by certain categories of obliged entities Art. 71 — Refraining from carrying out transactions Art. 72 — Disclosure to FIU Art. 73 — Prohibition of disclosure Art. 74 — Threshold-based reports of transactions in certain high-value goods

Chapter VI — Information sharing

Art. 75 — Exchange of information in the framework of partnerships for information sharing

Chapter VII — Data protection and record retention

Art. 76 — Processing of personal data Art. 77 — Record retention Art. 78 — Provision of records to competent authorities

Chapter VIII — Measures to mitigate risks deriving from anonymous instruments

Art. 79 — Anonymous accounts and bearer shares and bearer share warrants Art. 80 — Limits to large cash payments in exchange for goods or services

Chapter IX — Final provisions

Art. 81 — Cooperation between FIUs and the EPPO Art. 82 — Requests for information to the EPPO Art. 83 — Cooperation between FIUs and OLAF Art. 84 — Requests for information to OLAF Art. 85 — Exercise of the delegation Art. 86 — Committee procedure Art. 87 — Review Art. 88 — Reports Art. 89 — Relation to Directive (EU) 2015/849 Art. 90 — Entry into force and application

Recitals

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175

Annexes

Annex I — Indicative list of risk variables Annex II — Lower risk factors Annex III — Higher risk factors Annex IV Annex V Annex VI

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