### 3. member states shall ensure that , when taking customer due diligence measures in accordance with chapter iii of regulation [please insert reference – proposal for anti-money laundering regulation] , obliged entities have timely access to the information held in the interconnected central registers referred to in article 10. ### 3. member states shall ensure that , when taking customer due diligence measures in accordance with chapter iii of regulation [please insert reference – proposal for anti-money laundering regulation] , obliged entities have timely , unrestricted and free of charge access to the information held in the interconnected central registers referred to in article 10.


### 3. member states shall ensure that , when taking customer due diligence measures in accordance with chapter iii of regulation [please insert reference – proposal for anti-money laundering regulation] , obliged entities have timely access to the information held in the interconnected central registers referred to in article 10. ### 3. member states shall ensure that , when taking customer due diligence measures in accordance with chapter iii of regulation [please insert reference – proposal for anti-money laundering regulation] , obliged entities have immediate and free access to the information held in the interconnected central registers referred to in article 10.


### 7. national fius shall be granted immediate and unfiltered access to the information on payment and bank accounts and safe-deposit boxes in other member states available through the single access point interconnecting the centralised automated mechanisms. member states shall cooperate among themselves and with the commission in order to implement this paragraph. ### 7. national fius and competent authorities designated under directive (eu) 2019/1153 [please insert reference - proposal for a directive amending directive (eu) 2019/1153 with regard to the access of competent authorities to centralized bank accounts registers through a single access point] shall be granted immediate and unfiltered access to the information on payment and bank accounts and safe-deposit boxes in other member states available through the single access point interconnecting the centralised automated mechanisms. member states shall cooperate among themselves and with the commission in order to implement this paragraph.


### member states shall ensure that the staff of the national fius maintain high professional standards of confidentiality and data protection , are of high integrity and are appropriately skilled. ### member states shall ensure that the staff of the national fius and competent authorities , entitled to access through the single access point , maintain high professional standards of confidentiality and data protection , are of high integrity and are appropriately skilled.


### (1) member states shall provide competent authorities with access to information which allows the identification in a timely manner of any natural or legal person owning real estate , including through registers or electronic data retrieval systems where such registers or systems are available. competent authorities shall also have access to information allowing the identification and analysis of transactions involving real estate , including their economic value and details of the natural or legal persons involved in those transactions including , where available , whether the natural or legal person owns , sells or acquires real estate on behalf of a legal arrangement. ### (1) member states shall provide competent authorities with access to information which allows the identification in a timely manner of any natural or legal person owning real estate , including through registers or electronic data retrieval systems where such registers or systems are available. member states shall decide whether to provide the information through a centralised or decentralised system and whether to link the information via a system to be operated by the commission. competent authorities shall also have access to information allowing the identification and analysis of transactions involving real estate , including their economic value and details of the natural or legal persons involved in those transactions including , where available , whether the natural or legal person owns , sells or acquires real estate on behalf of a legal arrangement.


### fius shall be granted direct and immediate access to the information referred to in the first subparagraph. ### fius , national asset recovery authorities , and other national competent authorities involved in the framework of the fight against money laundering/terrorist financing and fight against organised crime shall be granted direct and immediate access to the information referred to in the first subparagraph.


### 1. each member state shall establish an fiu in order to prevent , detect and effectively combat money laundering and terrorist financing. ### 1. each member state shall establish an fiu in order to prevent , detect , report and effectively combat money laundering and terrorist financing.


### by [1 year after the date of transposition of this directive] , amla shall issue guidelines addressed to fius on the nature , features and objectives of operational and of strategic analysis. ### by [1 year after the date of transposition of this directive] , amla shall issue guidelines addressed to fius on the nature , features and objectives of operational and of strategic analysis , and , in particular , on the need to further provide these analyses to the investigation and prosecution authorities fighting against money laundering , related predicate offences , terrorist financing and organised crime.


### 4. each fiu shall be operationally independent and autonomous , which means that it shall have the authority and capacity to carry out its functions freely , including the ability to take autonomous decisions to analyse , request and disseminate specific information. it shall be free from any undue political , government or industry influence or interference. ### 4. each fiu shall be operationally independent and autonomous , which means that it shall have the authority and capacity to carry out its functions freely , including the ability to take autonomous decisions to analyse , request and disseminate specific information in compliance with existing eu data protection rules. it shall be free from any undue political , government or industry influence or interference.


### 6. member states shall ensure that fius have rules in place governing the security and confidentiality of information. ### 6. member states shall ensure that fius have rules in place regarding the protection of personal data , whilst keeping it confidential and assuring that that same data is being stored in a secure manner.


### 7. each member states shall ensure that its fiu is able to make arrangements or engage independently with other domestic competent authorities pursuant to article 45 on the exchange of information. ### 7. each member states shall ensure that its fiu is able to make arrangements or engage independently with other domestic competent authorities and eu bodies involved in the framework of combating money laundering , related predicate offences , terrorist financing and the fight against organised crime pursuant to article 45 on the exchange of information.


### immediate and , with the exception of point (ii) , direct access to at least the following financial information: ### immediate and direct access to at least the following financial information:


### (ii) information on wire transfers; ### deleted


### (iii) information from obliged entities; ### (iii) information from obliged entities , including information on wire transfers;


### (ii) national real estate registers or electronic data retrieval systems and land and cadastral registers; ### (ii) national real estate registers or electronic data retrieval systems and land and cadastral registers , as well as the data from the single access point referred to in article 16;


### direct or indirect access to the following law enforcement information: ### may , subject to national procedural guarantees , receive from competent authorities the following law enforcement information:


### direct or indirect access to the following law enforcement information: ### direct or indirect access , in full respect of national legislation , to the following law enforcement information:


### any type of information or data which is already held by competent authorities in the context of preventing , detecting , investigating or prosecuting criminal offences; ### information or data case by case which is already held by competent authorities in the context of preventing , detecting , investigating or prosecuting criminal offences , whenever information is needed to prevent , detect and combat money laundering , related predicate offences , and terrorist financing;


### (ii) any type of information or data which is held by public authorities or by private entities in the context of preventing , detecting , investigating or prosecuting criminal offences and which is available to competent authorities without the taking of coercive measures under national law. ### (ii) relevant information or data which is held by public authorities or by private entities in the context of preventing , detecting , investigating or prosecuting criminal offences and which is available to competent authorities without the taking of coercive measures under national law.


### 2. where the information referred to in paragraph 1 , points (a) , (b) and (c) , is not stored in databases or registers , member states shall take the necessary measures to ensure that fius can obtain that information by other means. ### 2. where the information referred to in paragraph 1 , points (a) , (b) and (c) , is not stored in databases or registers , member states shall take the necessary measures to ensure that fius can obtain , without undue delay , that information by other means.


### 1. member states shall ensure that fius are empowered to take urgent action , directly or indirectly , where there is a suspicion that a transaction is related to money laundering or terrorist financing , to suspend or withhold consent to a transaction that is proceeding. such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report in order to analyse the transaction , confirm the suspicion and disseminate the results of the analysis to the competent authorities. member states shall ensure that subject to national procedural safeguards , the transaction is suspended for a period of a maximum of 15 calendar days from the day of the imposition of such suspension to the obliged entity. ### 1. member states shall ensure that fius are empowered to take urgent action , directly or indirectly , where there is a suspicion that a transaction is related to money laundering or terrorist financing , to suspend or withhold consent to a transaction that is proceeding. such suspension shall be imposed on the obliged entity within a reasonable and shortest possible timeframe of receiving the suspicious transaction report in order to analyse the transaction , confirm the suspicion and disseminate the results of the analysis to the competent authorities. member states shall ensure that subject to national procedural safeguards , the transaction is suspended for a period of a maximum of 15 calendar days from the day of the imposition of such suspension to the obliged entity.


### (1) member states shall ensure that fius are empowered to take urgent action , directly or indirectly , where there is a suspicion that a transaction is related to money laundering or terrorist financing , to suspend or withhold consent to a transaction that is proceeding. such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report in order to analyse the transaction , confirm the suspicion and disseminate the results of the analysis to the competent authorities. member states shall ensure that subject to national procedural safeguards , the transaction is suspended for a period of a maximum of 15 calendar days from the day of the imposition of such suspension to the obliged entity. ### (1) member states shall ensure that fius are empowered to take urgent action , directly or indirectly , where there is a suspicion that a transaction is related to money laundering or terrorist financing , to suspend or withhold consent to a transaction that is proceeding. such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report in order to analyse the transaction , confirm the suspicion and disseminate the results of the analysis to the competent authorities. member states shall ensure that subject to national procedural safeguards , the transaction is suspended for a period of a maximum of 7 calendar days from the day of the imposition of such suspension to the obliged entity.


### such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report and immediately notified to the competent judicial authority. member states shall ensure that the use of that bank or payment account is suspended for a period of a maximum of 5 days from the day of the imposition of the suspension. member states shall ensure that any extension of such suspension shall be authorized by the competent judicial authority. ### such suspension shall be imposed on the obliged entity within a reasonable and shortest possible timeframe of receiving the suspicious transaction report and immediately notified to the competent judicial authority. member states shall ensure that the use of that bank or payment account is suspended for a period of a maximum of 5 days from the day of the imposition of the suspension. member states shall ensure that any extension of such suspension shall be authorized by the competent judicial authority.


### such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report and immediately notified to the competent judicial authority. member states shall ensure that the use of that bank or payment account is suspended for a period of a maximum of 5 days from the day of the imposition of the suspension. member states shall ensure that any extension of such suspension shall be authorized by the competent judicial authority. ### such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report and immediately notified to the competent judicial authority. member states shall ensure that the use of that bank or payment account is suspended for a period of a maximum of 3 days from the day of the imposition of the suspension. member states shall ensure that any extension of such suspension shall be authorized by the competent judicial authority.


### suspicious transaction reports submitted by obliged entities; ### suspicious transaction reports submitted by obliged entities and information on the fiu's follow-up on the suspicious transaction reports it has received;


### fius shall disseminate the report to obliged entities. such report shall be made public within four months of its dissemination , except for the elements of the report which contain classified information. the information contained therein shall not permit the identification of any natural or legal person. ### fius shall disseminate the report to obliged entities. such report shall be made public at the date of its dissemination , except for the elements of the report which contain classified information. the information contained therein shall not permit the identification of any natural or legal person.


### 2. member states shall ensure that fius provide obliged entities with feedback on the reports of suspected money laundering or terrorist financing. such feedback shall cover at least the quality of the information provided , the timeliness of reporting , the description of the suspicion and the documentation provided at submission stage. ### 2. member states shall ensure that fius provide obliged entities with feedback on the reports of suspected money laundering or terrorist financing. the fiu will provide feedback on a tactical and as well as on a strategic level. such tactical feedback shall cover at least the quality of the information provided , the timeliness of reporting , the description of the suspicion and the documentation provided at submission stage.


### 2. member states shall ensure that fius provide obliged entities with feedback on the reports of suspected money laundering or terrorist financing. such feedback shall cover at least the quality of the information provided , the timeliness of reporting , the description of the suspicion and the documentation provided at submission stage. ### 2. member states shall ensure that fius provide obliged entities with feedback on the reports of suspected money laundering or terrorist financing. such feedback shall cover at least the quality of the information provided , the timeliness of reporting , the description of the suspicion , the documentation provided at submission stage and of potential money laundering typologies not covered by the obliged entity's reports.


### (2) member states shall ensure that fius provide obliged entities with feedback on the reports of suspected money laundering or terrorist financing. such feedback shall cover at least the quality of the information provided , the timeliness of reporting , the description of the suspicion and the documentation provided at submission stage. ### (2) member states shall ensure that fius provide obliged entities with feedback on every report of suspected money laundering or terrorist financing. such feedback shall cover at least the quality of the information provided , the timeliness of reporting , the description of the suspicion and the documentation provided at submission stage.


### the fiu shall provide such feedback at least once per year , whether provided to the individual obliged entity or to groups of obliged entities , taking into consideration the overall number of suspicious transactions reported by the obliged entities. ### the fiu shall provide such feedback at least four times per year , whether provided to the individual obliged entity or to groups of obliged entities , taking into consideration the overall number of suspicious transactions reported by the obliged entities.


### the fiu shall provide such feedback at least once per year , whether provided to the individual obliged entity or to groups of obliged entities , taking into consideration the overall number of suspicious transactions reported by the obliged entities. ### the fiu shall provide such feedback at least twice per year , whether provided to the individual obliged entity or to groups of obliged entities , taking into consideration the overall number of suspicious transactions reported by the obliged entities.


### the obligation to provide feedback shall not jeopardise any ongoing analytical work carried out by the fiu or any investigation or administrative action subsequent to the dissemination by the fiu , and shall not affect the applicability of data protection and confidentiality requirements. ### fius shall provide , at least annually , to all obliged entities within their jurisdiction , strategic feedback about financial intelligence priorities and actual trends in money laundering and terrorist finance. the obligation to provide feedback shall not jeopardise any ongoing analytical work carried out by the fiu or any investigation or administrative action subsequent to the dissemination by the fiu , and shall not affect the applicability of data protection and confidentiality requirements.


### 1. a system for the exchange of information between fius of the member states shall be set up (‘fiu.net’). the system shall ensure the secure communication and shall be capable of producing a written record under conditions that allow ascertaining authenticity. that system may also be used for communications with fius counterparts in third countries and with other authorities and union bodies. fiu.net shall be managed by amla. ### 1. a system for the exchange of information between fius of the member states shall be set up (‘fiu.net’). the system shall ensure the secure and encrypted communication and shall be capable of producing a written record under conditions that allow ascertaining authenticity. that system may also be used for communications with fius counterparts in third countries and with other authorities and union bodies. fiu.net shall be managed by amla.


### 2. member states shall ensure that any exchange of information pursuant to article 24 is transmitted using the fiu.net. in the event of technical failure of the fiu.net , the information shall be transmitted by any other appropriate means ensuring a high level of data security. ### 2. member states shall ensure that any exchange of information pursuant to article 24 is timely transmitted using the fiu.net. in the event of technical failure of the fiu.net , the information shall be transmitted by any other appropriate means , such as innovative solutions from the technological sector facilitating data transmission , increasing transparency and ensuring a high level of data security.


### a number of fius are conducting operational analyses in which the circumstances of the case necessitate coordinated , concerted action in the member states involved. ### a number of fius are conducting operational analyses in which the circumstances of the case justifies coordinated , concerted action in the member states involved.


### 1. member states shall ensure that all obliged entities are subject to adequate supervision. to that end , member states shall appoint supervisors to monitor effectively , and to take the measures necessary to ensure , compliance by the obliged entities with the requirements set out in regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and with the requirement to implement targeted financial sanctions. ### 1. member states shall ensure that all obliged entities are subject to adequate supervision. to that end , member states shall appoint independent supervisors to monitor effectively , and to take the measures necessary to ensure , compliance by the obliged entities with the requirements set out in regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and with the requirement to implement targeted financial sanctions.


### information on third countries identified pursuant to section 2 of chapter iii of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final]; ### information on third countries or territories identified pursuant to section 2 of chapter iii of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final];


### (1) member states shall ensure that if , in the course of the checks carried out on the obliged entities , or in any other way , supervisors discover facts that could be related to money laundering or to terrorist financing , they shall promptly inform the fiu. ### (1) member states shall ensure that if , in the course of the checks carried out on the obliged entities , or in any other way , supervisors discover facts that could be related to money laundering or to terrorist financing , they shall promptly inform the fiu. supervisory authorities shall be exempted from the requirements set out in this paragraph where the relevant information has been obtained from the supervised obliged entity in the cases referred to in article 51(2) of [the anti-money laundering regulation].


### [...] ### deleted


### 2. without prejudice to the right of member states to provide for and impose criminal sanctions , member states shall lay down rules on administrative sanctions and measures and ensure that supervisors may impose such sanctions and measures with respect to breaches of this directive , and shall ensure that they are applied. any resulting sanction or measure imposed pursuant to this section shall be effective , proportionate and dissuasive. ### 2. without prejudice to the right of member states to provide for and impose criminal sanctions , member states shall lay down rules on administrative sanctions and measures and ensure that supervisors may impose such sanctions and measures with respect to breaches of the legislation transposing this directive , and shall ensure that they are applied. any resulting sanction or measure imposed pursuant to this section shall be effective , proportionate and dissuasive.


### 2. member states shall ensure that in the cases referred to in paragraph 1 , the maximum pecuniary sanctions that can be applied amount at least to twice the amount of the benefit derived from the breach where that benefit can be determined , or at least eur 1 000 000. ### 2. member states shall ensure that in the cases referred to in paragraph 1 , the maximum pecuniary sanctions that can be applied amount to the higher of the following two amounts: twice the amount of the benefit derived from the breach where that benefit can be determined or eur 1 000 000.


### 4. member states may empower competent authorities to impose administrative pecuniary sanctions exceeding the amounts referred to in paragraphs 2 and 3. ### deleted


### order obliged entities to comply , including to implement specific corrective measures; ### order obliged entities to comply , including to implement specific corrective measures , with a concrete and reasonable calendar;


### issue a public statement which identifies the natural or legal person and the nature of the breach; ### deleted


### 1. member states shall ensure that a decision imposing an administrative sanction or measure for breach of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] against which there is no appeal shall be published by the supervisors on their official website immediately after the person sanctioned is informed of that decision. the publication shall include at least information on the type and nature of the breach and the identity of the persons responsible. member states shall not be obliged to apply this subparagraph to decisions imposing measures that are of an investigatory nature. ### 1. member states shall ensure that a decision imposing an administrative sanction or measure for breach of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] shall be published by the supervisors on their official website immediately after the person sanctioned is informed of that decision and all administrative internal and judicial review procedures have been exhausted. the publication shall include at least information on the type and nature of the breach and the identity of the persons responsible.


### for that purpose , they shall provide one or more secure communication channels for the reporting referred to in the first subparagraph. such channels shall ensure that the identity of persons providing information is known only to the supervisory authority , or , where applicable , self-regulatory body. ### for that purpose , they shall provide one or more secure communication channels or innovative solutions from the technological sector for the reporting referred to in the first subparagraph. such channels or technological solutions shall ensure that the identity of persons providing information is known only to the supervisory authority , or , where applicable , self-regulatory body.


### 1. obliged entities shall take appropriate measures , proportionate to their nature and size , to identify and assess the risks of money laundering and terrorist financing to which they are exposed , as well as the risks of non-implementation and evasion of proliferation financing-related targeted financial sanctions , taking into account: ### 1. obliged entities shall take appropriate measures , proportionate to their nature , type of activity and size , to identify and assess the risks of money laundering and terrorist financing to which they are exposed , as well as the risks of non-implementation and evasion of proliferation financing-related targeted financial sanctions , taking into account:


### 3. supervisors may decide that individual documented risk assessments are not required where the specific risks inherent in the sector are clear and understood. ### 3. supervisors shall decide that individual documented risk assessments are not required where the specific risks inherent in the sector are clear and understood.


### 1. obliged entities shall appoint one executive member of their board of directors or , if there is no board , of its equivalent governing body who shall be responsible for the implementation of measures to ensure compliance with this regulation (‘compliance manager’). where the entity has no governing body , the function should be performed by a member of its senior management. ### 1. if their exposure to money laundering risk justifies it , obliged entities may appoint one executive member of their managing or governing body who shall be responsible for the implementation of measures to ensure compliance with this regulation (‘compliance manager’). alternatively , the obliged entity may delegate this task to a member of the senior management staff. where the entity has no governing body , the function should be performed by a member of its senior management.


### 1. obliged entities shall appoint one executive member of their board of directors or , if there is no board , of its equivalent governing body who shall be responsible for the implementation of measures to ensure compliance with this regulation (‘compliance manager’). where the entity has no governing body , the function should be performed by a member of its senior management. ### 1. obliged entities shall appoint one governing body who shall be responsible for the taking of measures to supervise the implementation of this regulation (‘compliance manager’). where the entity has no governing body , the function should be performed by a member of its senior management. this paragraph is without prejudice to national provisions on joint civil or criminal liability of governing bodies.


### (1) obliged entities shall appoint one executive member of their board of directors or , if there is no board , of its equivalent governing body who shall be responsible for the implementation of measures to ensure compliance with this regulation (‘compliance manager’). where the entity has no governing body , the function should be performed by a member of its senior management. ### (1) obliged entities shall appoint one executive member of their governing body who shall be responsible for the implementation and monitoring of measures to ensure compliance with this regulation (‘compliance manager’). where the entity has no governing body , the function should be performed by a member of its senior management.


### 2. the compliance manager shall be responsible for implementing the obliged entity’s policies , controls and procedures and for receiving information on significant or material weaknesses in such policies , controls and procedures. the compliance manager shall regularly report on those matters to the board of director or equivalent governing body. for parent undertakings , that person shall also be responsible for overseeing group-wide policies , controls and procedures. ### 2. the compliance manager shall be responsible for supervising the implementation of the obliged entity’s policies , controls and procedures and for receiving information on significant or material weaknesses in such policies , controls and procedures. the compliance manager shall regularly report on those matters to the board of director or equivalent governing body. for parent undertakings , that person shall also be responsible for overseeing group-wide policies , controls and procedures.


### (2) the compliance manager shall be responsible for implementing the obliged entity’s policies , controls and procedures and for receiving information on significant or material weaknesses in such policies , controls and procedures. the compliance manager shall regularly report on those matters to the board of director or equivalent governing body. for parent undertakings , that person shall also be responsible for overseeing group-wide policies , controls and procedures. ### (2) the compliance manager shall be responsible for monitoring implementation of the obliged entity’s policies , controls and procedures and for receiving information on significant or material weaknesses in such policies , controls and procedures. the compliance manager shall regularly report on those matters to the board of director or equivalent governing body. for parent undertakings , that person shall also be responsible for overseeing group-wide policies , controls and procedures.


### (3) obliged entities shall have a compliance officer , to be appointed by the board of directors or governing body , who shall be in charge of the day-to-day operation of the obliged entity’s anti-money laundering and countering the financing of terrorism (aml/cft) policies. that person shall also be responsible for reporting suspicious transactions to the financial intelligence unit (fiu) in accordance with article 50(6). ### (3) obliged entities shall have a compliance officer , to be appointed by management at the level within the entity that is responsible for anti-money-laundering and countering the financing of terrorism , taking into account the size of the entity , the nature and characteristics of the activity and the complexity and risk of the services and/or activities carried out by the entity concerned , who shall be in charge of the day-to-day operation of the obliged entity’s anti-money laundering and countering the financing of terrorism (aml/cft) policies. that person shall also be responsible for reporting suspicious transactions to the financial intelligence unit (fiu) in accordance with article 50(6).


### 3. obliged entities shall have a compliance officer , to be appointed by the board of directors or governing body , who shall be in charge of the day-to-day operation of the obliged entity’s anti-money laundering and countering the financing of terrorism (aml/cft) policies. that person shall also be responsible for reporting suspicious transactions to the financial intelligence unit (fiu) in accordance with article 50(6). ### 3. obliged entities shall have a compliance officer , to be appointed by the board of directors or governing body , who shall be in charge of the day-to-day operation of the obliged entity’s anti-money laundering and countering the financing of terrorism (aml/cft) policies. that person shall also be responsible for reporting suspicious transactions to the financial intelligence unit (fiu) in accordance with article 50(6). that person shall be in its function and responsibilities independent.


### 3. obliged entities shall have a compliance officer , to be appointed by the board of directors or governing body , who shall be in charge of the day-to-day operation of the obliged entity’s anti-money laundering and countering the financing of terrorism (aml/cft) policies. that person shall also be responsible for reporting suspicious transactions to the financial intelligence unit (fiu) in accordance with article 50(6). ### 3. obliged entities shall have a compliance officer , to be appointed by the governing body , who shall be in charge of the day-to-day operation of the obliged entity’s anti-money laundering and countering the financing of terrorism (aml/cft) policies. that person shall also be responsible for reporting suspicious transactions to the financial intelligence unit (fiu) in accordance with article 50(6)


### 2. employees entrusted with tasks related to the obliged entity’s compliance with this regulation shall inform the compliance officer of any close private or professional relationship established with the obliged entity’s customers or prospective customers and shall be prevented from undertaking any tasks related to the obliged entity’s compliance in relation to those customers. ### 2. employees entrusted with tasks related to the obliged entity’s compliance with this regulation shall inform the compliance officer of any close private or professional relationship established with the obliged entity’s customers or prospective customers , given they have formally indicated willingness to become a customer , and shall be prevented from undertaking any tasks related to the obliged entity’s compliance in relation to those customers.


### (2) employees entrusted with tasks related to the obliged entity’s compliance with this regulation shall inform the compliance officer of any close private or professional relationship established with the obliged entity’s customers or prospective customers and shall be prevented from undertaking any tasks related to the obliged entity’s compliance in relation to those customers. ### (2) employees entrusted with tasks related to the obliged entity’s compliance with this regulation shall inform the compliance officer of any close private or professional relationship established with the obliged entity’s customers and shall be prevented from undertaking any tasks related to the obliged entity’s compliance in relation to those customers.


### 3. obliged entities shall have in place appropriate procedures for their employees , or persons in a comparable position , to report breaches of this regulation internally through a specific , independent and anonymous channel , proportionate to the nature and size of the obliged entity concerned. ### 3. obliged entities shall have in place appropriate procedures for their employees , or persons in a comparable position , to report breaches of this regulation internally through a specific , independent and anonymous channel , proportionate to the nature , type of activity and size of the obliged entity concerned.


### (2) in addition to the circumstances referred to in paragraph 1 , credit and financial institutions and crypto-asset service providers shall apply customer due diligence when either initiating or executing an occasional transaction that constitutes a transfer of funds as defined in article 3 , point (9) of regulation [please insert reference – proposal for a recast of regulation (eu) 2015/847 - com/2021/422 final] , or a transfer of crypto-assets as defined in article 3 , point (10) of that regulation , exceeding eur 1 000 or the equivalent in national currency. ### (2) in addition to the circumstances referred to in paragraph 1 , crypto-asset service providers shall apply customer due diligence when either initiating or executing an occasional transaction that constitutes a transfer of funds as defined in article 3 , point (9) of regulation [please insert reference – proposal for a recast of regulation (eu) 2015/847 - com/2021/422 final] , or a transfer of crypto-assets as defined in article 3 , point (10) of that regulation , exceeding eur 1 000 or the equivalent in national currency.


### (5) by [2 years from the date of entry into force of this regulation] , amla shall develop draft regulatory technical standards and submit them to the commission for adoption. those draft regulatory technical standards shall specify: ### deleted


### identify the beneficial owner(s) pursuant to articles 42 and 43 and verify their identity so that the obliged entity is satisfied that it knows who the beneficial owner is and that it understands the ownership and control structure of the customer; ### in cases where an obliged entity's risk assessment establishes an increased risk , identify the beneficial owner(s) pursuant to articles 42 and 43 and verify their identity so that the obliged entity is satisfied that it knows who the beneficial owner is and that it understands the ownership and control structure of the customer;


### identify the beneficial owner(s) pursuant to articles 42 and 43 and verify their identity so that the obliged entity is satisfied that it knows who the beneficial owner is and that it understands the ownership and control structure of the customer; ### in high-risk cases , identify the beneficial owner(s) pursuant to articles 42 and 43 and verify their identity so that the obliged entity is satisfied that it knows who the beneficial owner is and that it understands the ownership and control structure of the customer;


### (1) where an obliged entity is unable to comply with the customer due diligence measures laid down in article 16(1) , it shall refrain from carrying out a transaction or establishing a business relationship , and shall terminate the business relationship and consider filing a suspicious transaction report to the fiu in relation to the customer in accordance with article 50. ### (1) where an obliged entity is unable to comply with the customer due diligence measures laid down in article 16(1) , it shall refrain from carrying out a transaction or establishing a business relationship , and shall terminate the business relationship.


### the first subparagraph shall not apply to notaries , lawyers and other independent legal professionals , auditors , external accountants and tax advisors , to the strict extent that those persons ascertain the legal position of their client , or perform the task of defending or representing that client in , or concerning , judicial proceedings , including providing advice on instituting or avoiding such proceedings. ### the first subparagraph shall not apply to notaries , external and in-house lawyers and other independent legal professionals , auditors , external accountants and tax advisors , to the strict extent that those persons ascertain the legal position of their client , or perform the task of defending or representing that client in , or concerning , judicial proceedings , including providing advice on instituting or avoiding such proceedings.


### (iii) nationality or nationalities , or statelessness and refugee or subsidiary protection status where applicable , and the national identification number , where applicable; ### (iii) nationality or statelessness and refugee or subsidiary protection status where applicable , and the national identification number , where applicable;


### (iv) the usual place of residence or , if there is no fixed residential address with legitimate residence in the union , the postal address at which the natural person can be reached and , where possible , the occupation , profession , or employment status and the tax identification number; ### (iv) the usual place of residence or , if there is no fixed residential address with legitimate residence in the union , the postal address at which the natural person can be reached;


### (iii) the names of the legal representatives as well as , where available , the registration number , the tax identification number and the legal entity identifier. obliged entities shall also verify that the legal entity has activities on the basis of accounting documents for the latest financial year or other relevant information; ### (iii) the names of the legal representatives;


### (iii) the names of the legal representatives as well as , where available , the registration number , the tax identification number and the legal entity identifier. obliged entities shall also verify that the legal entity has activities on the basis of accounting documents for the latest financial year or other relevant information; ### (iii) the names of the legal representatives as well as , where available , the registration number.


### (iii) the names of the legal representatives as well as , where available , the registration number , the tax identification number and the legal entity identifier. obliged entities shall also verify that the legal entity has activities on the basis of accounting documents for the latest financial year or other relevant information; ### (iii) the names of the legal representatives as well as , where available , the registration number , the tax identification number and the legal entity identifier.


### (2) for the purposes of identifying the beneficial owner of a legal entity , obliged entities shall collect the information referred to in article 44(1) , point (a) , and the information referred to in paragraph 1 , point (b) , of this article. ### (2) for the purposes of identifying the beneficial owner of a legal entity , obliged entities shall collect the following information on a risk basis: first name and surname and , if necessary in the light of the risks associated with the transaction or business relationship and the beneficial owner , further information. the place and date of birth and the usual place of residence of the beneficial owner can be obtained regardless of the risks involved.


### where , after having exhausted all possible means of identification pursuant to the first subparagraph , no natural person is identified as beneficial owner , or where there is any doubt that the person(s) identified is/are the beneficial owner(s) , obliged entities shall identify the natural person(s) holding the position(s) of senior managing official(s) in the corporate or other legal entity and shall verify their identity. obliged entities shall keep records of the actions taken as well as of the difficulties encountered during the identification process , which led to resorting to the identification of a senior managing official. ### where , after having exhausted all possible means of identification pursuant to the first subparagraph , no natural person is identified as beneficial owner , or where there are doubts that the person(s) identified is/are the beneficial owner(s) , obliged entities shall identify the natural person(s) holding the position(s) of senior managing official(s) in the corporate or other legal entity. obliged entities shall keep records of the actions taken as well as of the difficulties encountered during the identification process , which led to resorting to the identification of a senior managing official.


### (4) obliged entities shall obtain the information , documents and data necessary for the verification of the customer and beneficial owner identity through either of the following: ### (4) obliged entities shall obtain the information , documents and data necessary for the verification of the customer identity through either of the following:


### 4. obliged entities shall obtain the information , documents and data necessary for the verification of the customer and beneficial owner identity through either of the following: ### 4. obliged entities shall obtain the information , documents and data necessary for the verification of the customer identity through either of the following:


### the submission of the identity document , passport or equivalent and the acquisition of information from reliable and independent sources , whether accessed directly or provided by the customer; ### the submission of the identity document , passport or equivalent and the acquisition of information from reliable and independent sources , whether accessed directly or provided by the customer. in case of verification of the identity of a private individual , the submission of the identity document , passport or equivalent is sufficient and further acquisition of information is required only in case the submission of the identity document , passport or equivalent is not available;


### the submission of the identity document , passport or equivalent and the acquisition of information from reliable and independent sources , whether accessed directly or provided by the customer; ### the submission of the identity document , passport or equivalent and/or the acquisition of information from reliable and independent sources , whether accessed directly electronically or provided by the customer. nothing limits the type of documents or information that obliged entities may have reasonable grounds to believe can be relied upon as confirmation and as evidence of identity;


### the submission of the identity document , passport or equivalent and the acquisition of information from reliable and independent sources , whether accessed directly or provided by the customer; ### the submission of the identity document , passport or equivalent and , where necessary and appropriate , the acquisition of information from reliable and independent sources , whether accessed directly or provided by the customer;


### the submission of the identity document , passport or equivalent and the acquisition of information from reliable and independent sources , whether accessed directly or provided by the customer; ### the submission of the identity document , passport or equivalent or the acquisition of information from reliable and independent sources , whether accessed directly or provided by the customer;


### the use of electronic identification means and relevant trust services as set out in regulation (eu) 910/2014. ### the use of electronic identification means and relevant trust services as set out in regulation (eu) 910/2014 , or other secure remote or electronic identification procedures regulated , recognised , approved or accepted by competent national authorities , ensuring at least a level of security designated 'high'. a decision taken by a competent national authority of a member state should have equal effect in other member states.


### the use of electronic identification means and relevant trust services as set out in regulation (eu) 910/2014. ### the use of electronic identification means and relevant trust services as set out in regulation (eu) 910/2014 , if that electronic identification means corresponds at least to the assurance level "high";


### for the purposes of verifying the information on the beneficial owner(s) , obliged entities shall also consult the central registers referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] as well as additional information. obliged entities shall determine the extent of the additional information to be consulted , having regard to the risks posed by the transaction or the business relationship and the beneficial owner. ### for the purposes of verifying the information on the beneficial owner(s) , obliged entities shall take all necessary and appropriate measures , including consulting the central registers referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final].


### for the purposes of verifying the information on the beneficial owner(s) , obliged entities shall also consult the central registers referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] as well as additional information. obliged entities shall determine the extent of the additional information to be consulted , having regard to the risks posed by the transaction or the business relationship and the beneficial owner. ### for the purposes of verifying the information on the beneficial owner(s) , obliged entities shall also consult the central registers referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] irrespective of the member state of the central register in which the beneficial ownership information is held , as well as additional information. obliged entities shall determine the extent of the additional information to be consulted , having regard to the risks posed by the transaction or the business relationship and the beneficial owner.


### for the purposes of verifying the information on the beneficial owner(s) , obliged entities shall also consult the central registers referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] as well as additional information. obliged entities shall determine the extent of the additional information to be consulted , having regard to the risks posed by the transaction or the business relationship and the beneficial owner. ### for the purposes of verifying the information on the beneficial owner(s) , obliged entities shall also consult the central registers referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] and may as well resort to additional information. obliged entities shall determine the extent of the additional information to be consulted , having regard to the risks posed by the transaction or the business relationship and the beneficial owner.


### identification of the purpose and intended nature of a business relationship or occasional transaction ### identification of the purpose and intended nature of a business relationship


### before entering into a business relationship or performing an occasional transaction , an obliged entity shall obtain at least the following information in order to understand its purpose and intended nature: ### before entering into a business relationship or performing an occasional transaction , an obliged entity shall obtain at least the following information in order to understand its purpose and intended nature in accordance with the risk-based approach:


### the source of funds; ### deleted


### the destination of funds. ### deleted


### the frequency of updating customer information pursuant to the first sub-paragraph shall be based on the risk posed by the business relationship. the frequency of updating of customer information shall in any case not exceed five years. ### the frequency of updating customer information pursuant to the first sub-paragraph shall be based on the risk posed by the business relationship. the frequency of updating of customer information shall in any case not exceed ten years.


### the obliged entity has a legal obligation in the course of the relevant calendar year to contact the customer for the purpose of reviewing any relevant information relating to the beneficial owner(s) or to comply with council directive 2011/16/eu54; ### deleted


### [...] ### deleted


### 1. third countries with significant strategic deficiencies in their national aml/cft regimes shall be identified by the commission and designated as ‘high-risk third countries’. ### 1. third countries with significant strategic deficiencies in their national aml/cft regimes shall be identified by the commission and designated as ‘high-risk third countries’. the commission shall also identify as a ‘high-risk territory’ jurisdictions whose strategic deficiencies pose a particular threat to the eu financial system , even if they are part of a third country that does not qualify as a ‘high-risk third country’.


### 2. in order to identify the countries referred to in paragraph 1 , the commission is empowered to adopt delegated acts in accordance with article 60 to supplement this regulation , where: ### 2. in order to identify the countries or territories referred to in paragraph 1 , the commission is empowered to adopt delegated acts in accordance with article 60 to supplement this regulation , where:


### significant strategic deficiencies in the legal and institutional aml/cft framework of the third country have been identified; ### significant strategic deficiencies in the legal and institutional aml/cft framework of the third country or territory have been identified; or


### significant strategic deficiencies in the effectiveness of the third country’s aml/cft system in addressing money laundering or terrorist financing risks have been identified; ### significant strategic deficiencies in the effectiveness of the third country’s or territory’s aml/cft system in addressing money laundering or terrorist financing risks have been identified;


### (3) for the purposes of paragraph 2 , the commission shall take into account calls for the application of enhanced due diligence measures and additional mitigating measures (‘countermeasures’) by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing , as well as relevant evaluations , assessments , reports or public statements drawn up by them. ### deleted


### (4) where a third country is identified in accordance with the criteria referred to in paragraph 3 , obliged entities shall apply enhanced due diligence measures listed in article 28(4) , points (a) to (g) with respect to the business relationships or occasional transactions involving natural or legal persons from that third country. ### deleted


### 4. where a third country is identified in accordance with the criteria referred to in paragraph 3 , obliged entities shall apply enhanced due diligence measures listed in article 28(4) , points (a) to (g) with respect to the business relationships or occasional transactions involving natural or legal persons from that third country. ### 4. where a third country or territory is identified in accordance with the criteria referred to in paragraph 3 , obliged entities shall apply enhanced due diligence measures listed in article 28(4) , points (a) to (g) with respect to the business relationships or occasional transactions involving natural or legal persons from that third country or territory.


### (5) the delegated act referred to in paragraph 2 shall identify among the countermeasures listed in article 29 the specific countermeasures mitigating country-specific risks stemming from high-risk third countries. ### deleted


### 5. the delegated act referred to in paragraph 2 shall identify among the countermeasures listed in article 29 the specific countermeasures mitigating country-specific risks stemming from high-risk third countries. ### 5. the delegated act referred to in paragraph 2 shall identify among the countermeasures listed in article 29 the specific countermeasures mitigating country-specific risks stemming from high-risk third countries or territories.


### (6) the commission shall review the delegated acts referred to in paragraph 2 on a regular basis to ensure that the specific countermeasures identified pursuant to paragraph 5 take account of the changes in the aml/cft framework of the third country and are proportionate and adequate to the risks. ### deleted


### 6. the commission shall review the delegated acts referred to in paragraph 2 on a regular basis to ensure that the specific countermeasures identified pursuant to paragraph 5 take account of the changes in the aml/cft framework of the third country and are proportionate and adequate to the risks. ### 6. the commission shall review the delegated acts referred to in paragraph 2 on a regular basis to ensure that the specific countermeasures identified pursuant to paragraph 5 take account of the changes in the aml/cft framework of the third country or territory and are proportionate and adequate to the risks.


### 1. third countries with compliance weaknesses in their national aml/cft regimes shall be identified by the commission. ### 1. third countries or territories with compliance weaknesses in their national aml/cft regimes shall be identified by the commission.


### compliance weaknesses in the legal and institutional aml/cft framework of the third country have been identified; ### compliance weaknesses in the legal and institutional aml/cft framework of the third country or territory have been identified;


### compliance weaknesses in the effectiveness of the third country’s aml/cft system in addressing money laundering or terrorist financing risks have been identified. ### compliance weaknesses in the effectiveness of the third country’s or territory’s aml/cft system in addressing money laundering or terrorist financing risks have been identified.


### 4. the delegated act referred to in paragraph 2 shall identify the specific enhanced due diligence measures among those listed in article 28(4) , points (a) to (g) , that obliged entities shall apply to mitigate risks related to business relationships or occasional transactions involving natural or legal persons from that third country. ### 4. the delegated act referred to in paragraph 2 shall identify the specific enhanced due diligence measures among those listed in article 28(4) , points (a) to (g) , that obliged entities shall apply to mitigate risks related to business relationships or occasional transactions involving natural or legal persons from that third country or territory.


### 1. the commission is empowered to adopt delegated acts in accordance with article 60 identifying third countries that pose a specific and serious threat to the financial system of the union and the proper functioning of the internal market other than those covered by articles 23 and 24. ### 1. the commission is empowered to adopt delegated acts in accordance with article 60 identifying third countries or territories that pose a specific and serious threat to the financial system of the union and the proper functioning of the internal market other than those covered by articles 23 and 24.


### the legal and institutional aml/cft framework of the third country , in particular: ### the legal and institutional aml/cft framework of the third country or territory , in particular:


### the powers and procedures of the third country’s competent authorities for the purposes of combating money laundering and terrorist financing including appropriately effective , proportionate and dissuasive sanctions , as well as the third country’s practice in cooperation and exchange of information with member states’ competent authorities; ### the powers and procedures of the third country’s or territory’s competent authorities for the purposes of combating money laundering and terrorist financing including appropriately effective , proportionate and dissuasive sanctions , as well as the third country’s practice in cooperation and exchange of information with member states’ competent authorities;


### the effectiveness of the third country’s aml/cft system in addressing money laundering or terrorist financing risks; ### the effectiveness of the third country’s or territory’s aml/cft system in addressing money laundering or terrorist financing risks;


### 3. for the purposes of determining the level of threat referred to in paragraph 1 , the commission may request amla to adopt an opinion aimed at assessing the specific impact on the integrity of the union’s financial system due to the level of threat posed by a third country. ### 3. for the purposes of determining the level of threat referred to in paragraph 1 , the commission may request amla to adopt an opinion aimed at assessing the specific impact on the integrity of the union’s financial system due to the level of threat posed by a third country or territory.


### 5. where the identified specific and serious threat from the concerned third country amounts to a significant strategic deficiency , article 23(4) shall apply and the delegated act referred to in paragraph 2 shall identify specific countermeasures as referred to in article 23(5). ### 5. where the identified specific and serious threat from the concerned third country or territory amounts to a significant strategic deficiency , article 23(4) shall apply and the delegated act referred to in paragraph 2 shall identify specific countermeasures as referred to in article 23(5).


### 6. where the identified specific and serious threat from the concerned third country amounts to a compliance weakness , the delegated act referred to in paragraph 2 shall identify specific enhanced due diligence measures as referred to in article 24(4). ### 6. where the identified specific and serious threat from the concerned third country or territory amounts to a compliance weakness , the delegated act referred to in paragraph 2 shall identify specific enhanced due diligence measures as referred to in article 24(4).


### 7. the commission shall review the delegated acts referred to in paragraph 2 on a regular basis to ensure that the measures referred to in paragraphs 5 and 6 take account of the changes in the aml/cft framework of the third country and are proportionate and adequate to the risks. ### 7. the commission shall review the delegated acts referred to in paragraph 2 on a regular basis to ensure that the measures referred to in paragraphs 5 and 6 take account of the changes in the aml/cft framework of the third country or territory and are proportionate and adequate to the risks.


### (1) where , taking into account the risk factors set out in annexes ii and iii , the business relationship or transaction present a low degree of risk , obliged entities may apply the following simplified customer due diligence measures: ### (1) where , taking into account the risk factors set out in annexes ii and iii , the business relationship or transaction present a low degree of risk , obliged entities inter alia may apply the following simplified customer due diligence measures:


### verify the identity of the customer and the beneficial owner after the establishment of the business relationship , provided that the specific lower risk identified justified such postponement , but in any case no later than 30 days of the relationship being established; ### taking a risk based approach , verify the identity of the customer and the beneficial owner after the establishment of the business relationship , provided that the specific lower risk identified , in the business-wide risk assessment and the customer risk assessment justified such postponement;


### verify the identity of the customer and the beneficial owner after the establishment of the business relationship , provided that the specific lower risk identified justified such postponement , but in any case no later than 30 days of the relationship being established; ### verify the identity of the customer and the beneficial owner after the establishment of the business relationship , provided that the specific lower risk identified justified such postponement , but in any case no later than 60 days of the relationship being established;


### the measures referred to in the first subparagraph shall be proportionate to the nature and size of the business and to the specific elements of lower risk identified. however , obliged entities shall carry out sufficient monitoring of the transactions and business relationship to enable the detection of unusual or suspicious transactions. ### the measures referred to in the first subparagraph shall be proportionate to the nature , type of activity and size of the business and to the specific elements of lower risk identified. however , obliged entities shall carry out sufficient monitoring of the transactions and business relationship to enable the detection of unusual or suspicious transactions.


### 4. obliged entities shall verify on a regular basis that the conditions for the application of simplified due diligence continue to exist. the frequency of such verifications shall be commensurate to the nature and size of the business and the risks posed by the specific relationship. ### 4. obliged entities shall verify on a regular basis that the conditions for the application of simplified due diligence continue to exist. the frequency of such verifications shall be commensurate to the nature , type of activity and size of the business and the risks posed by the specific relationship.


### obtain additional information on the source of funds , and source of wealth of the customer and of the beneficial owner(s); ### obtain information on the source and destination of funds , and source of wealth of the customer and of the beneficial owner(s);


### obtain additional information on the source of funds , and source of wealth of the customer and of the beneficial owner(s); ### obtain information on the source of funds , and source and destination of wealth of the customer and of the beneficial owner(s);


### 5. with the exception of the cases covered by section 2 of this chapter , where member states identify pursuant to article 8 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] cases of higher risk , they may require obliged entities to apply enhanced due diligence measures and , where appropriate , specify those measures. member states shall notify to the commission and amla the enhanced due diligence requirements imposed upon obliged entities established in their territory within one month of their adoption , accompanied by a justification of the money laundering and terrorist financing risks underpinning such decision. ### 5. with the exception of the cases covered by section 2 of this chapter , where member states identify pursuant to article 8 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423final] cases of higher risk , they shall ask the commission and amla to adopt regulatory technical standards to impose enhanced due diligence requirements upon obliged entities uniformly in the eu accompanied by a justification of the money laundering and terrorist financing risks underpinning such demand. where the risks identified by the member states pursuant to the first subparagraph are likely to affect the financial system of the union , the amla shall adopt on its own initiative regulatory technical standards to ensure that obliged entities comply with the same rules.


### 6. enhanced customer due diligence measures shall not be invoked automatically with respect to branches or subsidiaries of obliged entities established in the union which are located third countries referred to in articles 23 , 24 and 25 where those branches or subsidiaries fully comply with the group-wide policies , controls and procedures in accordance with article 14. ### 6. enhanced customer due diligence measures shall not be invoked automatically with respect to branches or subsidiaries of obliged entities established in the union which are located third countries or territories referred to in articles 23 , 24 and 25 where those branches or subsidiaries fully comply with the group-wide policies , controls and procedures in accordance with article 14.


### countermeasures that obliged entities are to apply to persons and legal entities involving high-risk third countries and , where relevant , other countries posing a threat to the union’s financial system consisting in: ### countermeasures that obliged entities are to apply to persons and legal entities involving high-risk third countries or territories and , where relevant , other countries posing a threat to the union’s financial system consisting in:


### (iii) the limitation of business relationships or transactions with natural persons or legal entities from those third countries; ### (iii) the limitation of business relationships or transactions with natural persons or legal entities from those third countries or territories;


### countermeasures that member states are to apply with regard to high-risk third countries and , where relevant , other countries posing a threat to the union’s financial system consisting in: ### countermeasures that member states are to apply with regard to high-risk third countries or territories and , where relevant , other countries posing a threat to the union’s financial system consisting in:


### refusing the establishment of subsidiaries or branches or representative offices of obliged entities from the country concerned , or otherwise taking into account the fact that the relevant obliged entity is from a third country that does not have adequate aml/cft regimes; ### refusing the establishment of subsidiaries or branches or representative offices of obliged entities from the country concerned , or otherwise taking into account the fact that the relevant obliged entity is from a third country or territory that does not have adequate aml/cft regimes;


### (ii) prohibiting obliged entities from establishing branches or representative offices of obliged entities in the third country concerned , or otherwise taking into account the fact that the relevant branch or representative office would be in a third country that does not have adequate aml/cft regimes; ### (ii) prohibiting obliged entities from establishing branches or representative offices of obliged entities in the third country or territory concerned , or otherwise taking into account the fact that the relevant branch or representative office would be in a third country or territory that does not have adequate aml/cft regimes;


### (iii) requiring increased supervisory examination or increased external audit requirements for branches and subsidiaries of obliged entities located in the third country concerned; ### (iii) requiring increased supervisory examination or increased external audit requirements for branches and subsidiaries of obliged entities located in the third country or territory concerned;


### (iv) requiring increased external audit requirements for financial groups with respect to any of their branches and subsidiaries located in the third country concerned; ### (iv) requiring increased external audit requirements for financial groups with respect to any of their branches and subsidiaries located in the third country or territory concerned;


### requiring credit and financial institutions to review and amend , or if necessary terminate , correspondent relationships with respondent institutions in the third country concerned. ### requiring credit and financial institutions to review and amend , or if necessary terminate , correspondent relationships with respondent institutions in the third country or territory concerned.


### with respect to cross-border correspondent relationships , including relationships established for securities transactions or fund transfers , involving the execution of payments with a third-country respondent institution , in addition to the customer due diligence measures laid down in article 16 , credit institutions and financial institutions shall be required , when entering into a business relationship , to: ### with respect to cross-border correspondent relationships , including relationships established for securities transactions or fund transfers , involving the execution of payments with a third-country or third-territory respondent institution , in addition to the customer due diligence measures laid down in article 16 , credit institutions and financial institutions shall be required , when entering into a business relationship , to:


### take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or transactions with politically exposed persons; ### take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or occasional transactions with politically exposed persons;


### 2. obliged entities shall apply one or more of the measures referred to in article 28(4) to mitigate the risks posed by the business relationship , until such time as that person is deemed to pose no further risk , but in any case for not less than 12 months following the time when the individual is no longer entrusted with a prominent public function. ### 2. obliged entities shall apply one or more of the measures referred to in article 28(4) to mitigate the risks posed by the business relationship , until such time as that person is deemed to pose no further risk , but in any case for not less than 12 months from the moment the reason for why that person was considered a pep , disappears. the assessment of whether that person poses an additional risk should be evaluated on an regular basis , until such additional risk ceases.


### (1) obliged entities may rely on other obliged entities , whether situated in a member state or in a third country , to meet the customer due diligence requirements laid down in article 16(1) , points (a) , (b) and (c) , provided that: ### (1) obliged entities may rely on other obliged entities , whether situated in a member state or in a third country , to meet the customer due diligence requirements laid down in article 16(1) , points (a) , (b) , (c) and (d) , and article 21(2) and (3) , provided that:


### 1. obliged entities may rely on other obliged entities , whether situated in a member state or in a third country , to meet the customer due diligence requirements laid down in article 16(1) , points (a) , (b) and (c) , provided that: ### 1. obliged entities may rely on other obliged entities , whether situated in a member state or in a third country , to meet the customer due diligence requirements laid down in article 16(1) , points (a) , (b) , (c) and (d) , provided that:


### 1. obliged entities may outsource tasks deriving from requirements under this regulation for the purpose of performing customer due diligence to an agent or external service provider , whether a natural or legal person , with the exception of natural or legal persons residing or established in third countries identified pursuant to section 2 of this chapter. ### 1. obliged entities may outsource tasks deriving from requirements under this regulation for the purpose of performing customer due diligence to an agent or external service provider , that fully comply with gdpr. these tasks can be outsourced to whether a natural or legal person , including aml compliance entities , with the exception of natural or legal persons residing or established in third countries identified pursuant to section 2 of this chapter.


### the approval of the obliged entity’s risk assessment; ### the approval of the obliged entity’s risk assessment according to article 8 and of its policies , controls and procedures according to article 7 of this regulation;


### the internal controls in place pursuant to article 7; ### deleted


### the internal controls in place pursuant to article 7; ### the responsibility to be in compliance with this regulation


### the drawing up and approval of the obliged entity’s policies , controls and procedures to comply with the requirements of this regulation; ### deleted


### the attribution of a risk profile to a prospective client and the entering into a business relationship with that client; ### deleted


### the identification of criteria for the detection of suspicious or unusual transactions and activities; ### deleted


### the reporting of suspicious activities or threshold-based declarations to the fiu pursuant to article 50. ### deleted


### 3. where an obliged entity outsources a task pursuant to paragraph 1 , it shall ensure that the agent or external service provider applies the measures and procedures adopted by the obliged entity. the conditions for the performance of such tasks shall be laid down in a written agreement between the obliged entity and the outsourced entity. the obliged entity shall perform regular controls to ascertain the effective implementation of such measures and procedures by the outsourced entity. the frequency of such controls shall be determined on the basis of the critical nature of the tasks outsourced. ### 3. where an obliged entity outsources a task pursuant to paragraph 1 , it shall ensure that the agent or external service provider applies the measures and procedures adopted by the obliged entity. the conditions for the performance of such tasks shall be laid down in a written agreement between the obliged entity and the outsourced entity. the obliged entity shall perform regular controls to ascertain the effective implementation of such measures and procedures by the outsourced entity. the frequency of such controls shall be determined on the basis of the critical nature of the tasks outsourced. any subsequent outsourcing of tasks by the agent or external service provider to other agents or external service providers is not allowed.


### (1) in case of corporate entities , the beneficial owner(s) as defined in article 2(22) shall be the natural person(s) who control(s) , directly or indirectly , the corporate entity , either through an ownership interest or through control via other means. ### (does not affect the english version.)


### (9) independent legal professionals should be subject to this regulation when participating in financial or corporate transactions , including when providing tax advice , where there is the risk of the services provided by those legal professionals being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing. there should , however , be exemptions from any obligation to report information obtained before , during or after judicial proceedings , or in the course of ascertaining the legal position of a client , which should be covered by the legal privilege. therefore , legal advice should remain subject to the obligation of professional secrecy , except where the legal professional is taking part in money laundering or terrorist financing , the legal advice is provided for the purposes of money laundering or terrorist financing , or where the legal professional knows that the client is seeking legal advice for the purposes of money laundering or terrorist financing. ### (9) this regulation does not seek to undermine professional secrecy. independent legal professionals should be subject to this regulation when participating in financial or corporate transactions , including when providing tax advice , where there is the risk of the services provided by those legal professionals being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing. there should , however , be exemptions from any obligation to report information obtained before , during or after judicial proceedings , or in the course of ascertaining the legal position of a client , which should be covered by the legal privilege or professional secrecy. therefore , legal advice should remain subject to the obligation of professional secrecy , except where the legal professional is taking part in money laundering or terrorist financing , the legal advice is provided for the purposes of money laundering or terrorist financing , or where the legal professional knows that the client is seeking legal advice for the purposes of money laundering or terrorist financing. the definition of "independent legal professional" shall not encompass in-house lawyers.


### (9) independent legal professionals should be subject to this regulation when participating in financial or corporate transactions , including when providing tax advice , where there is the risk of the services provided by those legal professionals being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing. there should , however , be exemptions from any obligation to report information obtained before , during or after judicial proceedings , or in the course of ascertaining the legal position of a client , which should be covered by the legal privilege. therefore , legal advice should remain subject to the obligation of professional secrecy , except where the legal professional is taking part in money laundering or terrorist financing , the legal advice is provided for the purposes of money laundering or terrorist financing , or where the legal professional knows that the client is seeking legal advice for the purposes of money laundering or terrorist financing. ### (9) independent legal professionals should be subject to this regulation when participating in financial or corporate transactions , including when providing tax advice , where there is the risk of the services provided by those legal professionals being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing. there should , however , be exemptions from any obligation to report information obtained before , during or after judicial proceedings , or in the course of ascertaining the legal position of a client , which should be covered by professional confidentiality obligations. therefore , legal and tax advice should remain subject to the obligation of professional secrecy , except where the legal professional is taking part in money laundering or terrorist financing , the legal or tax advice is provided for the purposes of money laundering or terrorist financing , or where the legal professional knows that the client is seeking legal or tax advice for the purposes of money laundering or terrorist financing.


### (14) directive (eu) 2015/849 set out to mitigate the money laundering and terrorist financing risks posed by large cash payments by including persons trading in goods among obliged entities when they make or receive payments in cash above eur 10 000 , whilst allowing member states to introduce stricter measures. such approach has shown to be ineffective in light of the poor understanding and application of aml/cft requirements , lack of supervision and limited number of suspicious transactions reported to the fiu. in order to adequately mitigate risks deriving from the misuse of large cash sums , a union-wide limit to large cash transactions above eur 10 000 should be laid down. as a consequence , persons trading in goods should no longer be subject to aml/cft obligations. ### deleted


### (14) directive (eu) 2015/849 set out to mitigate the money laundering and terrorist financing risks posed by large cash payments by including persons trading in goods among obliged entities when they make or receive payments in cash above eur 10 000 , whilst allowing member states to introduce stricter measures. such approach has shown to be ineffective in light of the poor understanding and application of aml/cft requirements , lack of supervision and limited number of suspicious transactions reported to the fiu. in order to adequately mitigate risks deriving from the misuse of large cash sums , a union-wide limit to large cash transactions above eur 10 000 should be laid down. as a consequence , persons trading in goods should no longer be subject to aml/cft obligations. ### (14) in order to counter money laundering risks in the goods and services sector , traders in goods should be subject to aml/cft obligations for cash transactions of eur 10 000 or more.


### (14) directive (eu) 2015/849 set out to mitigate the money laundering and terrorist financing risks posed by large cash payments by including persons trading in goods among obliged entities when they make or receive payments in cash above eur 10 000 , whilst allowing member states to introduce stricter measures. such approach has shown to be ineffective in light of the poor understanding and application of aml/cft requirements , lack of supervision and limited number of suspicious transactions reported to the fiu. in order to adequately mitigate risks deriving from the misuse of large cash sums , a union-wide limit to large cash transactions above eur 10 000 should be laid down. as a consequence , persons trading in goods should no longer be subject to aml/cft obligations. ### (14) directive (eu) 2015/849 set out to mitigate the money laundering and terrorist financing risks posed by large cash payments by including persons trading in goods among obliged entities when they make or receive payments in cash above eur 10 000 , whilst allowing member states to introduce stricter measures. such approach has shown to be ineffective in light of the poor understanding and application of aml/cft requirements , lack of supervision and limited number of suspicious transactions reported to the fiu. in order to adequately mitigate risks deriving from the misuse of large cash sums , a union-wide limit to large cash transactions above eur 3 000 should be laid down. as a consequence , persons trading in goods should no longer be subject to aml/cft obligations.


### (15) some categories of traders in goods are particularly exposed to money laundering and terrorist financing risks due to the high value that the small , transportable goods they deal with contain. for this reason , persons dealing in precious metals and precious stones should be subject to aml/cft requirements. ### (15) some categories of traders in goods are particularly exposed to money laundering and terrorist financing risks due to the high value that the small , transportable goods they deal with contain. for this reason , persons dealing in precious metals such as gold , silver , palladium or platinum and precious stones should be subject to aml/cft requirements. this , however , should not apply to scrap metal dealers.


### (15) some categories of traders in goods are particularly exposed to money laundering and terrorist financing risks due to the high value that the small , transportable goods they deal with contain. for this reason , persons dealing in precious metals and precious stones should be subject to aml/cft requirements. ### (15) some categories of traders in goods are particularly exposed to money laundering and terrorist financing risks due to the high value that the small , transportable goods they deal with contain. for this reason , persons dealing in precious metals and precious stones should be subject to aml/cft requirements for all cash or non-cash transactions carried out by them.


### (19) it is important that aml/cft requirements apply in a proportionate manner and that the imposition of any requirement is proportionate to the role that obliged entities can play in the prevention of money laundering and terrorist financing. to this end , it should be possible for member states in line with the risk base approach of this regulation to exempt certain operators from aml/cft requirements , where the activities they perform present low money laundering and terrorist financing risks and where the activities are limited in nature. to ensure transparent and consistent application of such exemptions across the union , a mechanism should be put in place allowing the commission to verify the necessity of the exemptions to be granted. the commission should also publish such exemptions on a yearly basis in the official journal of the european union. ### (19) it is important that aml/cft requirements apply in a proportionate manner and that the imposition of any requirement is proportionate to the role that obliged entities can play in the prevention of money laundering and terrorist financing. to this end , it should be possible for member states in line with the risk-based approach of this regulation to exempt certain operators from aml/cft requirements , where the activities they perform present low money laundering and terrorist financing risks and where the activities are limited in nature. to ensure transparent and consistent application of such exemptions across the union , a mechanism should be put in place allowing the commission to verify the necessity of the exemptions to be granted. the commission should also publish such exemptions on a yearly basis in the official journal of the european union.


### (20) a consistent set of rules on internal systems and controls that applies to all obliged entities operating in the internal market will strengthen aml/cft compliance and make supervision more effective. in order to ensure adequate mitigation of money laundering and terrorist financing risks , obliged entities should have in place an internal control framework consisting of risk–based policies , controls and procedures and clear division of responsibilities throughout the organisation. in line with the risk-based approach of this regulation , those policies , controls and procedures should be proportionate to the nature and size of the obliged entity and respond to the risks of money laundering and terrorist financing that the entity faces. ### (20) a consistent set of rules on internal systems and controls that applies to all obliged entities operating in the internal market will strengthen aml/cft compliance and make supervision more effective. in order to ensure adequate mitigation of money laundering and terrorist financing risks , obliged entities should have in place an internal control framework consisting of risk–based policies , controls and procedures and clear division of responsibilities throughout the organisation. in line with the risk-based approach of this regulation , those policies , controls and procedures should be proportionate to the nature , type of activity and size of the obliged entity and respond to the risks of money laundering and terrorist financing that the entity faces.


### (28) the consistent implementation of group-wide aml/cft policies and procedures is key to the robust and effective management of money laundering and terrorist financing risks within the group. to this end , group-wide policies , controls and procedures should be adopted and implemented by the parent undertaking. obliged entities within the group should be required to exchange information when such sharing is relevant for preventing money laundering and terrorist financing. information sharing should be subject to sufficient guarantees in terms of confidentiality , data protection and use of information. amla should have the task of drawing up draft regulatory standards specifying the minimum requirements of group-wide procedures and policies , including minimum standards for information sharing within the group and the role and responsibilities of parent undertakings that are not themselves obliged entities. ### (28) the consistent implementation of group-wide aml/cft policies and procedures is key to the robust and effective management of money laundering and terrorist financing risks within the group. to this end , group-wide policies , controls and procedures should be adopted and implemented by the parent undertaking. obliged entities within the group should be required to exchange information when such sharing is relevant for preventing money laundering and terrorist financing. information sharing should be subject to sufficient guarantees in terms of confidentiality , data protection and use of information. amla should have the task of drawing up draft regulatory standards specifying the minimum requirements of group-wide procedures and policies , including minimum standards for information sharing within the group and the role and responsibilities of parent undertakings that are not themselves obliged entities. these draft regulatory rules should be proportionate , seeking to avoid imposing an excessive burden on obliged entities and providing a framework for competition between sectors.


### (29) in addition to groups , other structures exist , such as networks or partnerships , in which obliged entities might share common ownership , management and compliance controls. to ensure a level playing field across the sectors whilst avoiding overburdening it , amla should identify those situations where similar group-wide policies should apply to those structures. ### (29) in addition to groups , other structures exist , such as networks or partnerships , in which obliged entities might share common ownership , management and compliance controls. to ensure a level playing field across the sectors whilst avoiding overburdening it , amla should identify those situations where similar group-wide policies should apply to those structures in a proportionate manner , without undermining the sector's competitiveness.


### (30) there are circumstances where branches and subsidiaries of obliged entities are located in third countries where the minimum aml/cft requirements , including data protection obligations , are less strict than the union aml/cft framework. in such situations , and in order to fully prevent the use of the union financial system for the purposes of money laundering and terrorist financing and to ensure the highest standard of protection for personal data of union citizens , those branches and subsidiaries should comply with aml/cft requirements laid down at union level. where the law of a third country does not permit compliance with those requirements , for example because of limitations to the group's ability to access , process or exchange information due to an insufficient level of data protection or banking secrecy law in the third country , obliged entities should take additional measures to ensure the branches and subsidiaries located in that country effectively handle the risks. amla should be tasked with developing draft technical standards specifying the type of such additional measures. ### (30) there are circumstances where branches and subsidiaries of obliged entities are located in third countries where the minimum aml/cft requirements , including data protection obligations , are less strict than the union aml/cft framework. in such situations , and in order to fully prevent the use of the union financial system for the purposes of money laundering and terrorist financing and to ensure the highest standard of protection for personal data of union citizens , those branches and subsidiaries should comply with aml/cft requirements laid down at union level. where the law of a third country does not permit compliance with those requirements , for example because of limitations to the group's ability to access , process or exchange information due to an insufficient level of data protection or banking secrecy law in the third country , obliged entities should take additional measures to ensure the branches and subsidiaries located in that country effectively handle the risks. amla should be tasked with developing draft technical standards specifying the type of such additional measures with a view to striking a balance between underpinning the eu's guarantee requirements and creating a level playing field for obliged entities located in third countries.


### (33) obliged entities should not be required to apply due diligence measures on customers carrying out occasional or linked transactions below a certain value , unless there is suspicion of money laundering or terrorist financing. whereas the eur 10 000 threshold applies to most occasional transactions , obliged entities which operate in sectors or carry out transactions that present a higher risk of money laundering and terrorist financing should be required to apply customer due diligence for transactions with lower thresholds. to identify the sectors or transactions as well as the adequate thresholds for those sectors or transactions , amla should develop dedicated draft regulatory technical standards. ### (33) obliged entities should not be required to apply due diligence measures on customers carrying out occasional or linked transactions below a certain value , unless there is suspicion of money laundering or terrorist financing.