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Published date: 20 July 2021

Proposal for a Directive of the European Parliament and of the Council on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849 (Text with EEA relevance) (COM(2021) 423 final / 2021/0250 (COD)) (AMLD6) (updated 16 February 2024)

Closed
17 September 2021
Comparing proposed amendment...
Explanatory memorandum
1. Context of the proposal
2. Legal Basis, Subsidiarity and Proportionality
3. Results of Ex-Post Evaluations, Stakeholder Consultations and Impact Assessments
4. Budgetary Implications
5. Other Elements
Proposal for a Directive of the European Parliament and of the Council on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849
Recitals
Chapter I General Provisions (arts. 1-9)
Section 1 Subject matter, scope and definitions (arts. 1-2)
Article 1 Subject matter
Article 2 Definitions
Section 2 National measures in sectors exposed to money laundering and terrorist financing (arts. 3-6)
Article 3 Identification of exposed sectors at national level
Article 4 Requirements relating to certain service providers
Article 5 Contact points
Article 6 Checks on the senior management and beneficial owners of certain obliged entities
Section 2 Risk assessments (arts. 7-9)
Article 7 Supra-national risk assessment
Article 8 National risk assessment
Article 9 Statistics
Chapter II Registers (arts. 10-16)
Section I Beneficial ownership registers (arts. 10-13)
Article 10 Beneficial ownership registers
Article 11 General rules regarding access to beneficial ownership registers by competent authorities, self-regulatory bodies and obliged entities
Article 12 Specific access rules to beneficial ownership registers for the public
Article 13 Exceptions to the access rules to beneficial ownership registers
Section 2 Bank account information (arts. 14-15)
Article 14 Bank account registers and electronic data retrieval systems
Article 15 Implementing acts for the interconnection of registers
Section 3 Real estate registers (art. 16)
Article 16 Real estate registers
Chapter III FIUs (arts. 17-28)
Article 17 Establishment of FIUs
Article 18 Access to information
Article 19 Responses to requests for information
Article 20 Suspension or withholding of consent to a transaction and suspension of an account
Article 21 Feedback by FIU
Article 22 Cooperation between FIUs
Article 23 Protected channels of communication
Article 24 Exchange of information between FIUs
Article 25 Joint analyses
Article 26 Use by FIUs of information exchanged between them
Article 27 Consent to further dissemination of information exchanged between FIUs
Article 28 Effect of criminal law provisions
Chapter IV Anti-Money Laundering Supervision (arts. 29-44)
Section 1 General provisions (arts. 29-35)
Article 29 Powers and resources of national supervisors
Article 30 Provision of information to obliged entities
Article 31 Risk-based supervision
Article 32 Disclosure to FIUs
Article 33 Supervision of obliged entities operating under the freedom of establishment and freedom to provide services
Article 34 Provisions related to cooperation in the context of group supervision
Article 35 Exchange of information in relation to implementation of group policies in third countries
Section 2 Specific provisions applicable to the financial sector (arts. 36-37)
Article 36 AML/CFT supervisory colleges
Article 37 Cooperation with financial supervisors in third countries
Section 3 Specific provisions relating to self-regulatory bodies (art. 38)
Article 38 Oversight of self-regulatory bodies
Section 4 Administrative sanctions and measures (arts. 39-44)
Article 39 General provisions
Article 40 Administrative sanctions
Article 41 Administrative measures other than sanctions
Article 42 Publication of administrative sanctions and measures
Article 43 Whistle-blower protection
Article 44 Exchange of information on sanctions
Chapter V Cooperation (arts. 45-52)
Section 1 AML/CFT cooperation (arts. 45-47)
Article 45 General provisions
Article 46 Communication of the list of the competent authorities
Article 47 Cooperation with AMLA
Section 2 Cooperation with other authorities and exchange of confidential information (arts. 48-51)
Article 48 Cooperation in relation to credit institutions
Article 49 Cooperation in relation to auditors
Article 50 Exchange of information in relation to credit and financial institutions among entities bound by professional secrecy
Article 51 Exchange of information among supervisors and with other authorities
Section 3 Guidelines on cooperation (art. 52)
Article 52 AML/CFT cooperation guidelines
Chapter VI Data Protection (art. 53)
Article 53 Processing of certain categories of personal data
Chapter VII Final Provisions (arts. 54-60)
Article 54 Committee
Article 55 Transitional management of FIU.net
Article 56 Review
Article 57 Repeal
Article 58 Transposition
Article 59 Entry into force
Article 60 Addressees
Done at
Presidency Compromise text or Note