### (28) public access to beneficial ownership information can allow greater scrutiny of information by civil society , including by the press or civil society organisations , and contributes to preserving trust in the integrity of the financial system. it can contribute to combating the misuse of corporate and other legal entities and legal arrangements for the purposes of money laundering or terrorist financing , both by helping investigations and through reputational effects , given that anyone who could enter into a business relationship is aware of the identity of the beneficial owners. it may also facilitate the timely and efficient availability of information for obliged entities as well as authorities of third countries involved in combating such offences. the access to that information would also help investigations on money laundering , associated predicate offences and terrorist financing. ### (28) public registers of beneficial ownership are important tools for advancing the fight against money laundering and terrorism financing , corruption , tax abuse and other financial crimes. public access to beneficial ownership information allows greater scrutiny of information by civil society , including by the press or civil society organisations , and contributes to preserving trust in the integrity of the financial system. it contributes to combating the misuse of corporate and other legal entities and legal arrangements for the purposes of money laundering or terrorist financing , both by helping investigations and through reputational effects , given that anyone who could enter into a business relationship is aware of the identity of the beneficial owners. as such , public information can be a deterrent against such misuse. it also facilitates the timely and efficient availability of information for obliged entities as well as authorities of third countries involved in combating such offences. publicly available beneficial ownership data can also reduce the cost and complexity of due diligence and risk management for the private sector , thereby levelling the playing field and increasing competitiveness. the access to that information also helps investigations on money laundering , associated predicate offences and terrorist financing.


### (30) confidence in financial markets from investors and the general public depends in large part on the existence of an accurate disclosure regime that provides transparency in the beneficial ownership and control structures of corporate and other legal entities as well as certain types of trusts and similar legal arrangements. member states should therefore allow access to beneficial ownership information in a sufficiently coherent and coordinated way , by establishing confidence rules of access by the public , so that third parties are able to ascertain , throughout the union , who are the beneficial owners of corporate and other legal entities as well as , provided that there is a legitimate interest , of certain types of trusts and similar legal arrangements. ### (30) confidence in financial markets from investors and the general public depends in large part on the existence of an accurate disclosure regime that provides transparency in the beneficial ownership and control structures of corporate and other legal entities as well as certain types of trusts and similar legal arrangements. member states should therefore allow access to beneficial ownership information in a sufficiently coherent and coordinated way , by establishing confidence rules of access by the public , so that third parties are able to ascertain , throughout the union , who are the beneficial owners of corporate and other legal entities , as well as of certain types of trusts and similar legal arrangements.


### (31) with regard to corporate and other legal entities , a fair balance should be sought in particular between the general public interest in the prevention of money laundering and terrorist financing and the data subjects’ fundamental rights. the set of data to be made available to the public should be limited , clearly and exhaustively defined , and should be of a general nature , so as to minimise the potential prejudice to the beneficial owners. at the same time , information made accessible to the public should not significantly differ from the data currently collected. in order to limit the interference with the right to respect for their private life in general and to protection of their personal data in particular , that information should relate essentially to the status of beneficial owners of corporate and other legal entities and should strictly concern the sphere of economic activity in which the beneficial owners operate. in cases where the senior managing official has been identified as the beneficial owner only ex officio and not through ownership interest held or control exercised by other means , this should be clearly visible in the registers. ### (31) with regard to corporate and other legal entities , a fair balance should be sought in particular between the general public interest in the prevention of money laundering and terrorist financing and the data subjects’ fundamental rights. the set of data to be made available to the public should be limited , clearly and exhaustively defined , and should be of a general nature , so as to minimise the potential prejudice to the beneficial owners. at the same time , information made accessible to the public should not significantly differ from the data currently collected. in order to limit the interference with the right to respect for their private life in general and to protection of their personal data in particular , that information should relate essentially to the status of beneficial owners of corporate and other legal entities and should strictly concern the sphere of economic activity in which the beneficial owners operate. in cases where the senior managing official has been identified as the beneficial owner only ex officio and not through ownership interest held or control exercised by other means , this should be clearly visible in the registers and a suspicious transaction report should be filed.


### (32) in case of express trusts and similar legal arrangements , the information should be accessible to any member of the general public , provided that the legitimate interest can be demonstrated. this should include situations where natural or legal persons file a request in relation to a trust or similar legal arrangement which holds or owns a controlling interest in a legal entity incorporated or created outside the union through direct or indirect ownership , including through bearer shareholding , or through control via other means. the interpretation of the legitimate interest by the member states should not restrict the concept of legitimate interest to cases of pending administrative or legal proceedings , and should enable to take into account the preventive work in the field of anti-money laundering and its predicate offences and counter-terrorist financing undertaken by non-governmental organisations and investigative journalists. while trusts and other legal arrangements can be used in complex corporate structures , their primary objective remains the management of individual wealth. in order to adequately balance the legitimate aim of preventing the use of the financial system for the purposes of money laundering or terrorist financing , which public scrutiny enhances , and the protection of fundamental rights of individuals , in particular the right to privacy and protection of personal data , it is necessary to provide for the demonstration of a legitimate interest in accessing beneficial ownership information of trusts and other legal arrangements. ### (32) in case of express trusts and similar legal arrangements , the information should also be accessible to any member of the general public. this should include situations where natural or legal persons file a request in relation to a trust or similar legal arrangement which holds or owns a controlling interest in a legal entity incorporated or created outside the union through direct or indirect ownership , including through bearer shareholding , or through control via other means. registers should share enough data with the public to allow them to participate in oversight , such as red-flagging suspicious patterns that law enforcement officials can take forward.


### (33) in order to ensure that the information available to the public allows the correct identification of the beneficial owner , a minimum set of data should be accessible to the public. such data should allow for the unequivocal identification of the beneficial owner , whilst minimising the amount of personal data publicly accessible. in the absence of information pertaining to the name , the month and year of birth and the country of residence and nationality of the beneficial owner , it would not be possible to establish unambiguously who the natural person being the beneficial owner is. similarly , the absence of information on the beneficial interest held would make it impossible to determine why that natural person should be identified as being the beneficial owner. therefore , in order to avoid misinterpretations of the beneficial ownership information publicly available and to ensure a proportionate disclosure of personal data consistent across the union , it is appropriate to lay down the minimum set of data that can be accessed by the public. ### (33) in order to ensure that the information available to the public allows the correct identification of the beneficial owner , a minimum set of data should be accessible to the public. such data should allow for the unequivocal identification of the beneficial owner , whilst minimising the amount of personal data publicly accessible. in the absence of information pertaining to the name , the month and year of birth and the country of residence and nationality of the beneficial owner , it would not be possible to establish unambiguously who the natural person being the beneficial owner is. similarly , the absence of information on the nature and extent of beneficial interest held , including information on ownership and control chain , would make it impossible to determine why that natural person should be identified as being the beneficial owner. therefore , in order to avoid misinterpretations of the beneficial ownership information publicly available and to ensure a proportionate disclosure of personal data consistent across the union , it is appropriate to lay down the minimum set of data that can be accessed by the public.


### (35) moreover , with the aim of ensuring a proportionate and balanced approach and to guarantee the rights to private life and personal data protection , it should be possible for member states to provide for exemptions to the disclosure of the personal information on the beneficial owner through the registers of beneficial ownership information and to access to such information , in exceptional circumstances , where that information would expose the beneficial owner to a disproportionate risk of fraud , kidnapping , blackmail , extortion , harassment , violence or intimidation. it should also be possible for member states to require online registration in order to identify any person who requests information from the register , as well as the payment of a fee for access to the information in the register. ### (35) moreover , with the aim of ensuring a proportionate and balanced approach and to guarantee the rights to private life and personal data protection , member states can provide for exemptions to the disclosure of the personal information on the beneficial owner through the registers of beneficial ownership information and to access to such information , in exceptional circumstances , where that information would expose the beneficial owner to a disproportionate risk of fraud , kidnapping , blackmail , extortion , harassment , violence or intimidation. such exemptions should be granted by competent authorities on a case by case basis and upon a detailed analysis of the nature of the exceptional circumstances in each case.


### (36) directive (eu) 2018/843 achieved the interconnection of member states’ central registers holding beneficial ownership information through the european central platform established by directive (eu) 2017/1132 of the european parliament and of the council30 . continued involvement of member states in the functioning of the whole system should be ensured by means of a regular dialogue between the commission and the representatives of member states on the issues concerning the operation of the system and on its future development. ### (36) directive (eu) 2018/843 achieved the interconnection of member states’ central registers holding beneficial ownership information through the european central platform established by directive (eu) 2017/1132 of the european parliament and of the council30. it is essential that the european central platform serves as a central search service making available all information related to beneficial ownership to competent authorities , self-regulatory bodies and obliged entities. continued involvement of member states in the functioning of the whole system should be ensured by means of a regular dialogue between the commission and the representatives of member states on the issues concerning the operation of the system and on its future development. the european parliament should be informed about the evolution of this dialogue.


### (40) in order to respect privacy and protect personal data , the minimum data necessary for the carrying out of aml/cft investigations should be held in centralised automated mechanisms for bank and payment accounts , such as registers or data retrieval systems. it should be possible for member states to determine which data it is useful and proportionate to gather , taking into account the systems and legal traditions in place to enable the meaningful identification of the beneficial owners. when transposing the provisions relating to those mechanisms , member states should set out retention periods equivalent to the period for retention of the documentation and information obtained within the application of customer due diligence measures. it should be possible for member states to extend the retention period on a general basis by law , without requiring case-by-case decisions. the additional retention period should not exceed an additional five years. that period should be without prejudice to national law setting out other data retention requirements allowing case-by-case decisions to facilitate criminal or administrative proceedings. access to those mechanisms should be on a need-to-know basis. ### (40) in order to respect privacy and protect personal data , the minimum data necessary for the carrying out of aml/cft investigations should be held in centralised automated mechanisms for bank and payment accounts , such as registers or data retrieval systems. it should be possible for member states to determine which data it is useful and proportionate to gather , taking into account the systems and legal traditions in place to enable the meaningful identification of the beneficial owners. when transposing the provisions relating to those mechanisms , member states should set out retention periods equivalent to the period for retention of the documentation and information obtained within the application of customer due diligence measures. it should be possible for member states to extend the retention period on a general basis by law , without requiring case-by-case decisions. that period should be without prejudice to national law setting out other data retention requirements allowing case-by-case decisions to facilitate criminal or administrative proceedings. access to those mechanisms should be on a need-to-know basis.


### (41) through the interconnection of member states’ centralised automated mechanisms , the national fius would be able to obtain swiftly cross-border information on the identity of holders of bank and payment accounts and safe deposit boxes in other member states , which would reinforce their ability to effectively carry out financial analysis and cooperate with their counterparts from other member states. direct cross-border access to information on bank and payment accounts and safe deposit boxes would enable the financial intelligence units to produce financial analysis within a sufficiently short timeframe to detect potential money laundering and terrorist financing cases and guarantee a swift law enforcement action. ### (41) through the interconnection of member states’ centralised automated mechanisms , the national fius and other competent national authorities designated according to directive 2019/1153 1a would be able to obtain swiftly cross-border information on the identity of holders of bank and payment accounts and safe deposit boxes in other member states , which would reinforce their ability to effectively carry out financial analysis , detect , investigate or prosecute criminal offences , as well as cooperate with their counterparts from other member states. direct cross-border access to information on bank and payment accounts and safe deposit boxes would enable the financial intelligence units to produce financial analysis within a sufficiently short timeframe to detect potential money laundering and terrorist financing cases and guarantee a swift law enforcement action.


### (42) in order to respect the right to the protection of personal data and the right to privacy , and to limit the impact of cross-border access to the information contained in the national centralised automated mechanisms , the scope of information accessible through the bank account registers (bar) central access point would be restricted to the minimum necessary in accordance with the principle of data minimisation in order to allow the identification of any natural or legal persons holding or controlling payment accounts and bank accounts identified by iban and safe-deposit boxes. furthermore , only fius should be granted immediate and unfiltered access to the central access point. member states should ensure that the fius’ staff maintain high professional standards of confidentiality and data protection , that they are of high integrity and are appropriately skilled. moreover , member states should put in place technical and organisational measures guaranteeing the security of the data to high technological standards. ### (42) in order to respect the right to the protection of personal data and the right to privacy , and to limit the impact of cross-border access to the information contained in the national centralised automated mechanisms , the scope of information accessible through the bank account registers (bar) central access point would be restricted to the minimum necessary in accordance with the principle of data minimisation in order to allow the identification of any natural or legal persons holding or controlling payment accounts and bank accounts identified by iban and safe-deposit boxes. fius and the other competent authorities designated according to directive 2019/1153 should be granted immediate and unfiltered access to the central access point. member states should ensure that the fius’ staff maintain high professional standards of confidentiality and data protection , that they are of high integrity and are appropriately skilled. moreover , member states should put in place technical and organisational measures guaranteeing the security of the data to high technological standards.


### (44) real estate is an attractive commodity for criminals to launder the proceeds of their illicit activities , as it allows obscuring the true source of the funds and the identity of the beneficial owner. proper and timely identification of natural or legal person owning real estate by fius and other competent authorities is important both for detecting money laundering schemes as well as for freezing and confiscation of assets. it is therefore important that member states provide fius and competent authorities with access to information which allows the identification in a timely manner of natural or legal person owning real estate and information relevant for the identification of the risk and suspicion of the transaction. ### (44) real estate is an attractive commodity for criminals to launder the proceeds of their illicit activities , as it allows obscuring the true source of the funds and the identity of the beneficial owner. proper and timely identification of natural or legal person owning land and real estate by fius and other competent authorities is important both for detecting money laundering schemes as well as for freezing and confiscation of assets. it is therefore important that member states provide fius and competent authorities with access to information through a single access point in each member state. this should allow the timely identification of natural or legal persons owning such land and real estate , including through registers or electronic data retrieval systems , as well as information relevant for the identification of the beneficial owner and the risk and suspicion of the transaction. access to such data should be ensured by means of an interconnection system that introduces a real estate data single access point to be developed and operated by the commission.


### (51) fius should use secure facilities , including protected channels of communication , to cooperate and exchange information amongst each other. in this respect , a system for the exchange of information between fius of the member states (‘fiu.net’) should be set up. the system should be managed and hosted by amla. the fiu.net should be used by fius to cooperate and exchange information amongst each other and may also be used , where appropriate , to exchange information with fius of third countries and with other authorities and union bodies. the functionalities of the fiu.net should be used by fius to their full potential. those functionalities should allow fius to match their data with data of other fius in an anonymous way with the aim of detecting subjects of the fiu's interests in other member states and identifying their proceeds and funds , whilst ensuring full protection of personal data. ### (51) fius should use secure facilities , including protected channels of communication , to cooperate and exchange information amongst each other via the fiu.net and , when available , its one-stop-shop. in this respect , a system for the exchange of information between fius of the member states (‘fiu.net’) should be set up. the system should be managed and hosted by amla. the fiu.net should be used by fius to cooperate and exchange information amongst each other and may also be used , where appropriate , to exchange information with fius of third countries and with other authorities and union bodies. the functionalities of the fiu.net should be used by fius to their full potential. those functionalities should allow fius to match their data with data of other fius in an anonymous way with the aim of detecting subjects of the fiu's interests in other member states and identifying their proceeds and funds , whilst ensuring full protection of personal data.


### (52) it is important that fius cooperate and exchange information effectively with one another. in this regard , amla should provide the necessary assistance , not only by means of coordinating joint analyses of cross-border suspicious transaction reports , but also by developing draft regulatory technical standards concerning the format to be used for the exchange of information between fius and guidelines in relation to the relevant factors to be taken into account when determining if a suspicious transaction report concerns another member state as well as on the nature , features and objectives of operational and of strategic analysis. ### (52) it is important that fius cooperate and exchange information effectively with one another. in this regard , amla should develop fiu.net into a one-stop-shop for obliged entities to submit multi-country suspicious transaction and activity reports and receive feedback from the relevant fius. amla should furthermore provide the necessary assistance , not only by means of coordinating joint analyses of cross-border suspicious transaction reports , but also by developing draft regulatory technical standards concerning the format to be used for the exchange of information between fius and guidelines in relation to the relevant factors to be taken into account when determining if a suspicious transaction report concerns another member state as well as on the nature , features and objectives of operational and of strategic analysis.


### (54) the movement of illicit money traverses borders and may affect different member states. the cross-border cases , involving multiple jurisdictions , are becoming more and more frequent and increasingly significant , also due to the activities carried out by obliged entities on a cross-border basis. in order to deal effectively with cases that concern several member states , fius should be able to go beyond the simple exchange of information for the detection and analysis of suspicious transactions and activities and share the analytical activity itself. fius have reported certain important issues which limit or condition the capacity of fius to engage in joint analysis. carrying out joint analysis of suspicious transactions and activities will enable fius to exploit potential synergies , to use information from different sources , to obtain a full picture of the anomalous activities and to enrich the analysis. fius should be able to conduct joint analyses of suspicious transactions and activities and to set up and participate in joint analysis teams for specific purposes and limited period with the assistance of amla. the participation of third parties may be instrumental for the successful outcome of joint analyses. therefore , fius may invite third parties to take part in the joint analysis where such participation would fall within the respective mandates of those third parties. ### (54) the movement of illicit money traverses borders and may affect different member states. the cross-border cases , involving multiple jurisdictions , are becoming more and more frequent and increasingly significant , also due to the activities carried out by obliged entities on a cross-border basis. in order to deal effectively with cases that concern several member states , fius should be able to go beyond the simple exchange of information for the detection and analysis of suspicious transactions and activities and share the analytical activity itself. fius have reported certain important issues which limit or condition the capacity of fius to engage in joint analysis. carrying out joint analysis of suspicious transactions and activities will enable fius to exploit potential synergies , to use information from different national and eu sources , to obtain a full picture of the anomalous activities and to enrich the analysis. fius should be able to conduct joint analyses of suspicious transactions and activities and to set up and participate in joint analysis teams for specific purposes and limited period with the assistance of amla. the participation of third parties may be instrumental for the successful outcome of joint analyses. therefore , fius may invite third parties to take part in the joint analysis where such participation would fall within the respective mandates of those third parties.


### (75) the new fully-integrated and coherent anti-money laundering and counter-terrorist financing policy at union level , with designated roles for both union and national competent authorities and with a view to ensure their smooth and constant cooperation. in that regard , cooperation between all national and union aml/cft authorities is of the utmost importance and should be clarified and enhanced. internally , it remains the duty of member states to provide for the necessary rules to ensure that policy makers , the fius , supervisors , including amla , and other competent authorities involved in aml/cft , as well as tax authorities and law enforcement authorities when acting within the scope of this directive , have effective mechanisms to enable them to cooperate and coordinate , including through a restrictive approach to the refusal by competent authorities to cooperate and exchange information at the request of another competent authority. ### (75) the new fully-integrated and coherent anti-money laundering and counter-terrorist financing policy at union level , with designated roles for both union and national competent authorities and with a view to ensure their smooth and constant cooperation. in that regard , cooperation between all national and union aml/cft authorities is of the utmost importance and should be clarified and enhanced. internally , it remains the duty of member states to provide for the necessary rules to ensure that policy makers , the fius , supervisors , including amla , and other competent authorities involved in aml/cft , as well as tax authorities and law enforcement authorities when acting within the scope of this directive , have effective mechanisms to enable them to cooperate and coordinate , including with other eu bodies and through a restrictive approach to the refusal by competent authorities to cooperate and exchange information at the request of another competent authority.


### (83) supervisors should be able to cooperate and exchange confidential information , regardless of their respective nature or status. to this end , they should have an adequate legal basis for exchange of confidential information and for cooperation. exchange of information and cooperation with other authorities competent for supervising or overseeing obliged entities under other union acts should not be hampered unintentionally by legal uncertainty which may stem from a lack of explicit provisions in this field. clarification of the legal framework is even more important since prudential supervision has , in a number of cases , been entrusted to non-aml/cft supervisors , such as the european central bank (ecb). ### (83) supervisors should be able to cooperate and exchange confidential information , regardless of their respective nature or status. to this end , they should have an adequate legal basis for exchange of confidential information and for cooperation. exchange of information and cooperation with other authorities competent for supervising or overseeing obliged entities under other union acts should not be hampered unintentionally by legal uncertainty which may stem from a lack of explicit provisions in this field. clarification of the legal framework is even more important since prudential supervision has , in a number of cases , been entrusted to non-aml/cft supervisors , such as the european central bank (ecb). when imposing administrative sanctions and supervisory measures on obliged entities , or performing other tasks necessitating coordination between supervisors and non-aml/cft authorities , the authorities concerned should take into account the differences between their respective supervisory mandates and cooperate accordingly.


### (84) the effectiveness of the union aml/cft framework relies on the cooperation between a wide array of competent authorities. to facilitate such cooperation , amla should be entrusted to develop guidelines in coordination with the ecb , the european supervisory authorities , europol , eurojust , and the european public prosecutor’s office on cooperation between all competent authorities. such guidelines should also describe how authorities competent for the supervision or oversight of obliged entities under other union acts should take into account money laundering and terrorist financing concerns in the performance of their duties. ### (84) the effectiveness of the union aml/cft framework relies on the cooperation between a wide array of competent authorities. to facilitate such cooperation , amla should be entrusted to develop guidelines in coordination with the ecb , the european supervisory authorities , europol , eurojust , and the european public prosecutor’s office on cooperation between all competent authorities at national and eu level. such guidelines should also describe how authorities competent for the supervision or oversight of obliged entities under other union acts should take into account money laundering and terrorist financing concerns in the performance of their duties.


### (91) in order to ensure uniform conditions for the implementation of this directive , implementing powers should be conferred on the commission in order to lay down a methodology for the collection of statistics , establish the format for the submission of beneficial ownership information , define the technical conditions for the interconnection of beneficial ownership registers and of bank account registers and data retrieval mechanisms as well as to adopt implementing technical standards specifying the format to be used for the exchange of the information among fius of the member states. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council39 . ### (91) in order to ensure uniform conditions for the implementation of this directive , implementing powers should be conferred on the commission in order to lay down a methodology for the collection of statistics , establish the format for the submission of beneficial ownership information , define the technical conditions for the interconnection of beneficial ownership registers and of bank account registers and data retrieval mechanisms , define the technical conditions for the connection of the member states' mechanisms to the single access point on land and real estate , as well as to adopt implementing technical standards specifying the format to be used for the exchange of the information among fius of the member states. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council39 .


### the set-up and access to beneficial ownership , bank account and real estate registers; ### access to information on beneficial ownership , bank accounts , land or real estate and certain goods;


### (7) ‘entity operating on a cross-border basis’ means an obliged entity having at least one establishment in another member state or in a third country; ### (7) ‘entity operating on a cross-border basis’ means an obliged entity having at least one establishment in another member state or in a third country , or is operating under the freedom to provide services;


### 1. member states may require electronic money issuers as defined in article 2(3) of directive 2009/110/ec44 , payment service providers as defined in article 4(11) of directive (eu) 2015/2366 and crypto-assets service providers operating through agents located in the host member state and operating under either the right of establishment or the freedom to provide services , and whose head office is situated in another member state , to appoint a central contact point in their territory. that central contact point shall ensure , on behalf of the entity operating on a cross-border basis , compliance with aml/cft rules and shall facilitate supervision by supervisors , including by providing supervisors with documents and information on request. ### 1. member states may require electronic money issuers as defined in article 2(3) of directive 2009/110/ec44 , payment service providers as defined in article 4(11) of directive (eu) 2015/2366 and crypto-assets service providers operating through agents , a distributor , or through any other natural or legal person which acts on their behalf , located in the host member state and operating under either the right of establishment or the freedom to provide services , and whose head office is situated in another member state , to appoint a central contact point in their territory. that central contact point shall ensure , on behalf of the entity operating on a cross-border basis , compliance with aml/cft rules and shall facilitate supervision by supervisors , including by providing supervisors with documents and information on request.


### the risks of non-implementation and evasion of proliferation financing-related targeted financial sanctions. ### the risks of non-implementation and evasion of targeted financial sanctions.


### 3. the commission shall make recommendations to member states on the measures suitable for addressing the identified risks. in the event that member states decide not to apply any of the recommendations in their national aml/cft regimes , they shall notify the commission thereof and provide a justification for such a decision. ### 3. the commission shall make recommendations to member states on the measures suitable for addressing the identified risks. member states shall endeavour to follow these recommendations. in the event that member states decide not to apply any of the recommendations in their national aml/cft regimes , they shall notify the commission thereof and provide a justification stating legitimate reasons for such a decision.


### 4. by [3 years after the date of transposition of this directive] , amla shall issue an opinion addressed to the commission on the risks of money laundering and terrorist financing affecting the union. thereafter , amla shall issue an opinion every two years. ### 4. by [3 years after the date of transposition of this directive] , amla , in cooperation with other eu bodies involved in the aml/cft framework such as europol , shall issue an opinion addressed to the commission on the risks of money laundering and terrorist financing affecting the union. thereafter , amla shall issue an opinion every two years.


### 1. each member state shall carry out a national risk assessment to identify , assess , understand and mitigate the risks of money laundering and terrorist financing affecting it. it shall keep that risk assessment up to date and review it at least every four years. ### 1. each member state shall carry out a national risk assessment to identify , assess , understand and mitigate the risks of money laundering and terrorist financing , as well as risks of non-implementation and evasion of targeted financial sanctions affecting it. it shall keep that risk assessment up to date and review it at least every four years.


### each member state shall also take appropriate steps to identify , assess , understand and mitigate the risks of non-implementation and evasion of proliferation financing-related targeted financial sanctions. ### each member state shall also take appropriate steps to prevent , identify , assess , understand and mitigate the risks of non-implementation and evasion of targeted financial sanctions.


### 2. each member state shall designate an authority or establish a mechanism to coordinate the national response to the risks referred to in paragraph 1. the identity of that authority or the description of the mechanism shall be notified to the commission , amla , and other member states. ### 2. each member state shall designate an authority or establish a mechanism to coordinate the national response to the risks referred to in paragraph 1. the identity of that authority or the description of the mechanism shall be notified to the commission , amla , europol , and other member states.


### decide on the allocation and prioritisation of resources to combat money laundering and terrorist financing as well as non-implementation and evasion of proliferation financing-related targeted financial sanctions; ### decide on the allocation and prioritisation of resources to combat money laundering and terrorist financing as well as non-implementation and evasion of targeted financial sanctions;


### make appropriate information available promptly to competent authorities and to obliged entities to facilitate the carrying out of their own money laundering and terrorist financing risk assessments as well as the assessment of risks of evasion of proliferation financing-related targeted financial sanctions referred to in article 8 of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final]. ### make appropriate information available promptly to competent authorities and to obliged entities to facilitate the carrying out of their own money laundering and terrorist financing risk assessments as well as the assessment of risks of evasion of targeted financial sanctions referred to in article 8 of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final].


### in the national risk assessment , member states shall describe the institutional structure and broad procedures of their aml/cft regime , including , inter alia , the fiu , tax authorities and prosecutors , as well as the allocated human and financial resources to the extent that this information is available. ### in the national risk assessment , member states shall describe the institutional structure and broad procedures of their aml/cft regime , including , inter alia , the fiu , tax authorities and prosecutors , the level of aml/cft cooperation at european and international level , as well as the allocated human and financial resources to the extent that this information is available.


### 5. member states shall make the results of their national risk assessments , including their updates , available to the commission , to amla and to the other member states. any member state may provide relevant additional information , where appropriate , to the member state carrying out the national risk assessment. a summary of the assessment shall be made publicly available. that summary shall not contain classified information. the information contained therein shall not permit the identification of any natural or legal person. ### 5. member states shall make the results of their national risk assessments , including their updates , available to the commission , to amla and to the other member states. any member state may provide relevant additional information , where appropriate , to the member state carrying out the national risk assessment. a summary of the results of the assessment shall be made publicly available. that summary shall not contain classified information.


### data measuring the reporting , investigation and judicial phases of the national aml/cft regime , including the number of suspicious transaction reports made to the fiu , the follow-up given to those reports , the information on cross-border physical transfers of cash submitted to the fiu in accordance with article 9 of regulation (eu) 2018/1672 together with the follow-up given to the information submitted and , on an annual basis , the number of cases investigated , the number of persons prosecuted , the number of persons convicted for money laundering or terrorist financing offences , the types of predicate offences identified in accordance with article 2 of directive (eu) 2018/1673 of the european parliament and of the council45 where such information is available , and the value in euro of property that has been frozen , seized or confiscated; ### data measuring the reporting , investigation and judicial phases of the national aml/cft regime , including the number of suspicious transaction reports made to the fiu and the value of such transactions , the follow-up given to those reports , the information on cross-border physical transfers of cash submitted to the fiu in accordance with article 9 of regulation (eu) 2018/1672 together with the follow-up given to the information submitted and , on an annual basis , the number of cases investigated , the number of persons prosecuted , the number of persons convicted for money laundering or terrorist financing offences , the types of predicate offences identified in accordance with article 2 of directive (eu) 2018/1673 of the european parliament and of the council45 where such information is available , and the value in euro of property that has been frozen , seized or confiscated;


### 3. member states shall ensure that the statistics referred to in paragraph 2 are collected and transmitted to the commission on an annual basis. the statistics referred to in paragraph 2 , points (a) , (c) , (d) and (f) , shall also be transmitted to amla. ### 3. member states shall ensure that the statistics referred to in paragraph 2 are collected and transmitted to the commission on an annual basis. the statistics referred to in paragraph 2 shall also be transmitted to amla.


### 6. the commission shall publish a biennial report summarising and explaining the statistics referred to in paragraph 2 , which shall be made available on its website. ### 6. the commission shall publish a biennial report summarising and explaining the statistics referred to in paragraph 2 , which shall be made available on its website and shall be submitted to the european parliament and to the council.


### 1. member states shall ensure that beneficial ownership information referred to in article 44 of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and information on nominee arrangements referred to in article 47 of that regulation is held in a central register in the member state where the legal entity is incorporated or where the trustee or person holding an equivalent position in a similar legal arrangement is established or resides. such requirement shall not apply to companies listed on a regulated market that are subject to disclosure requirements equivalent to the requirements laid down in this directive or subject to equivalent international standards. ### 1. member states shall ensure that beneficial ownership information referred to in article 44 of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and information on nominee arrangements referred to in article 47 of that regulation is held in a central register in the member state where the legal entity is incorporated or where the trustee or person holding an equivalent position in a similar legal arrangement is established or resides.


### 1. member states shall ensure that beneficial ownership information referred to in article 44 of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and information on nominee arrangements referred to in article 47 of that regulation is held in a central register in the member state where the legal entity is incorporated or where the trustee or person holding an equivalent position in a similar legal arrangement is established or resides. such requirement shall not apply to companies listed on a regulated market that are subject to disclosure requirements equivalent to the requirements laid down in this directive or subject to equivalent international standards. ### 1. member states shall ensure that beneficial ownership information referred to in article 44 of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and information on nominee arrangements referred to in article 47 of that regulation is held in a central register in the member state where the legal entity is incorporated or where the trustee or person holding an equivalent position in a similar legal arrangement is established or resides. such requirement shall not apply to companies listed on a regulated market that are subject to disclosure requirements equivalent to the requirements laid down in this directive or subject to equivalent international standards ensuring disclosure of natural persons in control.


### the beneficial ownership information contained in the central registers may be collected in accordance with national systems. ### the beneficial ownership information contained in the central registers may be collected in accordance with a uniform format.


### 2. where there are reasons to doubt the accuracy of the beneficial ownership information held by the central registers , member states shall ensure that legal entities and legal arrangements are required to provide additional information on a risk-sensitive basis , including resolutions of the board of directors and minutes of their meetings , partnership agreements , trust deeds , power of attorney or other contractual agreements and documentation. ### 2. where there are reasons to doubt the accuracy of the beneficial ownership information held by the central registers , member states shall ensure that the entity in charge of the central register is empowered to request from corporate and legal entities , the trustees of any express trust and persons holding an equivalent position in a similar legal arrangement , as well as their legal and beneficial owners , any information and documents necessary to identify and verify their beneficial owners , including proofs of existence and ownership , resolutions of the board of directors , partnership agreements , trust deeds , power of attorney or other contractual agreements and documentation.


### 3. where no person is identified as beneficial owner pursuant to article 45(2) and (3) of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] , the central register shall include: ### 3. in addition to the strs filed on the grounds laid out in articles 17 and 45 of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420] , where no person is identified as beneficial owner pursuant to article 45(2) and (3) of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420] , the central register shall include:


### a statement accompanied by a justification , that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified; ### a statement that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified , accompanied by supporting documents and a justification;


### a statement accompanied by a justification , that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified; ### a statement accompanied by a justification and supporting documents , that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified;


### 4. the commission is empowered to adopt , by means of implementing acts , the format for the submission of beneficial ownership information to the central register. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 54(2). ### 4. the commission is empowered to adopt , by means of implementing acts , the format for the submission of beneficial ownership information referred to in article 44 of regulation [please insert reference – proposal for anti-money laundering regulation] to the central register. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 54(2).


### 5. member states shall require that the beneficial ownership information held in the central registers is adequate , accurate and up-to-date. for that purpose , member state shall apply at least the following requirements: ### 5. member states shall require that the beneficial ownership information held in the central registers is adequate , accurate and up-to-date , and shall put in place mechanisms to this effect. for that purpose , member state shall apply at least the following requirements:


### obliged entities shall report to the entity in charge of the central registers any discrepancies they find between the beneficial ownership information available in the central registers and the beneficial ownership information available to them pursuant to article 18 of regulation [please insert reference – proposal for anti-money laundering regulation]. ### obliged entities shall report to the entity in charge of the central registers any discrepancies they find between the beneficial ownership information available in the central registers and the beneficial ownership information available to them pursuant to article 18 of regulation [please insert reference – proposal for anti-money laundering regulation] , transmitting to the central register the relevant beneficial ownership information they have gathered.


### competent authorities , if appropriate and to the extent that this requirement does not interfere unnecessarily with their functions , shall report to the entity in charge of the central registers any discrepancies they find between beneficial ownership information available in the central registers and the beneficial ownership information available to them. ### competent authorities shall report to the entity in charge of the central registers any discrepancies they find between beneficial ownership information available in the central registers and the beneficial ownership information available to them.


### 7. member states shall ensure that the entity in charge of the central registers takes appropriate actions to cease the discrepancies , including amending the information included in the central registers where the entity is able to identify and verify the beneficial ownership information. a specific mention of the fact that there are discrepancies reported shall be included in the central registers and visible at least to competent authorities and obliged entities. ### 7. member states shall ensure that the entity in charge of the central registers takes appropriate actions to cease the discrepancies , including amending the information included in the central registers where the entity is able to identify and verify the beneficial ownership information. a specific mention of the fact that there are discrepancies reported shall be included in the central registers until the discrepancy is resolved and visible to any person or entity granted access under articles 11 and 12.


### 8. in the case of corporate and other legal entities , member states shall ensure that the entity in charge of the central beneficial ownership register is empowered to carry out checks , including on-site investigations at the premises or registered office of the legal entity , in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate , adequate and up-to-date. the right of the central register to verify such information shall not be restricted , obstructed or precluded in any manner. ### 8. in the case of corporate and other legal entities , and , where the trustee is an obliged entity as listed in article 3 , point 3 of regulation[please insert reference - proposal for anti-money laundering regulation -com/2021/420 final] , member states shall ensure that the entity in charge of the central beneficial ownership register is empowered to request documents , carry out checks , including on-site investigations at the premises or registered office of the legal entity , at the premises of relevant obliged entities as listed in article 3 of regulation[please insert reference - proposal for anti-money laundering regulation -com/2021/420 final] ,in accordance with national law , or at the premises of the legal entities’ representatives in the union in order to identify and verify the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate , adequate and up-to-date. the right of the central register to verify such information shall not be restricted , obstructed or precluded in any manner and the central register shall be empowered to request information from other entities , including in other member states and third countries , in particular through the establishment of cooperation agreements.


### 8. in the case of corporate and other legal entities , member states shall ensure that the entity in charge of the central beneficial ownership register is empowered to carry out checks , including on-site investigations at the premises or registered office of the legal entity , in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate , adequate and up-to-date. the right of the central register to verify such information shall not be restricted , obstructed or precluded in any manner. ### 8. in the case of corporate and other legal entities and , where the trustee is an obliged entity as listed in article 3 , point 3 of regulation[please insert reference - proposal for anti-money laundering regulation -com/2021/420 final] , member states shall ensure that the entity in charge of the central beneficial ownership register is empowered to request documents , to carry out checks , including on-site investigations , at the premises or registered office of the legal entity , at the premises of relevant obliged entities as listed in article 3 of regulation[please insert reference - proposal for anti-money laundering regulation -com/2021/420 final] , in accordance with national law , or at the premises of the legal entities’ representatives in the union in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate , adequate and up-to-date. the right of the central register to verify such information shall not be restricted , obstructed or precluded in any manner and the central register shall be empowered to request information from other entities , including in other member states and third countries , in particular through the establishment of cooperation agreements.


### 9. member states shall ensure that the entity in charge of the central register is empowered to impose effective , proportionate and dissuasive measures or sanctions for failures to provide the register with accurate , adequate and up-to-date information about their beneficial ownership. ### 9. member states shall ensure that the entity in charge of the central register is empowered to impose effective , proportionate and dissuasive measures or sanctions for failures to provide the register with accurate , adequate and up-to-date information about their beneficial ownership. sanctions shall include monetary penalties and restrictions in the access to certain professions and in the exercise of certain functions within a legal entity or arrangement , restrictions in the exercise of ownership rights of a legal entity or in the ability to receive dividends , suspending or discontinuing activities. in the event of repeated failures to ensure that the register contains up-to-date , accurate and adequate information , sanctions shall be increased to ensure compliance. by [1 year after entry into force of this directive] , amla shall adopt draft regulatory technical standards regarding indicators to classify the level of gravity of breach and criteria for such repeated failures and submit them to the commission for adoption. the commission is empowered to supplement this directive by adopting the regulatory standards referred to in the first subparagraph in accordance with articles 38 to 41 of regulation [please insert reference - proposal for establishment of an anti-money laundering authority - com/2021/421 final].


### 10. member states shall ensure that if , in the course of the checks carried out pursuant to this article , or in any other way , the entities in charge of the beneficial ownership registers discover facts that could be related to money laundering or to terrorist financing , they shall promptly inform the fiu. ### 10. member states shall ensure that if , in the course of the checks carried out pursuant to this article , or in any other way , the entities in charge of the beneficial ownership registers discover facts that could be related to money laundering or to terrorist financing , they shall inform the fiu within 48 hours.


### 11. the central registers shall be interconnected via the european central platform established by article 22(1) of directive (eu) 2017/1132. ### 11. the beneficial ownership central registers in member states shall be interconnected via the european central platform established by article 22(1) of directive (eu) 2017/1132.


### 12. the information referred to in paragraph 1 shall be available through the national registers and through the system of interconnection of central beneficial ownership registers for at least five years and no more than 10 years after the corporate or other legal entity has been struck off from the register. ### 12. the information referred to in paragraph 1 shall be available through the national registers and through the system of interconnection of central beneficial ownership registers for at least five years and no more than 10 years after the corporate or other legal entity has been struck off from the register , without prejudice to other data retention requirements allowing case-by-case decisions to facilitate criminal or administrative proceedings.


### 1. member states shall ensure that competent authorities have timely , unrestricted and free access to the information held in the interconnected central registers referred to in article 10 , without alerting the entity or arrangement concerned. ### 1. member states shall ensure that competent authorities , including procurement agencies , have timely , unrestricted and free access to the information held in the interconnected central registers referred to in article 10 , without alerting the entity or arrangement concerned.


### 2. member states may choose to make beneficial ownership information held in their central registers available to the public on the condition of authentication using electronic identification means and relevant trust services as set out in regulation (eu) 910/2014 of the european parliament and of the council46 and the payment of a fee , which shall not exceed the administrative costs of making the information available , including costs of maintenance and developments of the register. ### 2. member states shall make beneficial ownership information held in their central registers as referred to in paragraph 1 accessible to the public , free of charge , in open repositories , available for bulk down loads in machine-readable formats.


### 2 bank account information ### 2 bank account and crypto-asset wallet information


### bank account registers and electronic data retrieval systems ### bank account and crypto-asset wallet registers and electronic data retrieval systems


### 1. member states shall put in place centralised automated mechanisms , such as a central registers or central electronic data retrieval systems , which allow the identification , in a timely manner , of any natural or legal persons holding or controlling payment accounts and bank accounts identified by iban , as defined by regulation (eu) no 260/2012 of the european parliament and of the council47 , and safe-deposit boxes held by a credit institution within their territory. ### 1. member states shall put in place centralised automated mechanisms , such as a central registers or central electronic data retrieval systems , which allow the identification , in a timely manner , of any natural or legal persons holding or controlling payment accounts and bank accounts identified by iban , as defined by regulation (eu) no 260/2012 of the european parliament and of the council47 , safe-deposit boxes held by a credit or financial institution within their territory , and crypto-asset wallets.


### 2. member states shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible in an immediate and unfiltered manner to national fius. the information shall also be accessible to national competent authorities for fulfilling their obligations under this directive. ### 2. member states shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible in an immediate and unfiltered manner to national fius. the information shall also be directly accessible in an immediate and unfiltered manner to other national competent authorities for fulfilling their obligations under this directive and applicable union law.


### for the bank or payment account: the iban number and the date of account opening and closing; ### for the bank or payment account: the iban number , or an equivalent identification number , and the date of account opening and closing , if applicable;


### for the safe-deposit box: name of the lessee complemented by either the other identification data required under article 18(1) of regulation [please insert reference – proposal for anti-money laundering regulation] or a unique identification number and the duration of the lease period. ### for the safe-deposit box: name of the lessee complemented by either the other identification data required under article 18(1) of regulation [please insert reference – proposal for anti-money laundering regulation] or a unique identification number and the duration of the lease period;


### 6. member states shall ensure that the information referred to in paragraph 3 is available through the single access point interconnecting the centralised automated mechanisms. member states shall take adequate measures to ensure that only the information referred to in paragraph 3 that is up to date and corresponds to the actual bank account information is made available through their national centralised automated mechanisms and through the single access point interconnecting the centralised automated mechanisms referred to in this paragraph. the access to that information shall be granted in accordance with data protection rules. ### 6. member states shall ensure that the information referred to in paragraph 3 is available through the single access point interconnecting the centralised automated mechanisms. member states shall take adequate measures to ensure that only the information referred to in paragraph 3 that is up to date and corresponds to the actual bank account or the actual crypto-asset wallet information is made available through their national centralised automated mechanisms and through the single access point interconnecting the centralised automated mechanisms referred to in this paragraph. member states shall take adequate measures to ensure that the historical information on closed customer-account holders , bank or payment accounts and safe-deposit boxes is made available through their national centralised automated mechanisms and through the single access point interconnecting the centralised automated mechanisms referred to in this paragraph for a period of at least 5 years after the closure , without prejudice to other data retention requirements allowing case-by-case decisions to facilitate criminal or administrative proceedings. the access to that information shall be deemed in accordance with data protection rules.


### 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 competent authorities having access through the single access point maintain high professional standards of confidentiality and data protection , are of high integrity and are appropriately skilled.


### the common criteria according to which beneficial ownership information is available through the system of interconnection of registers , depending on the level of access granted by member states; ### the common criteria according to which beneficial ownership information is available through the system of interconnection of registers;


### the technical modalities to implement the different types of access to information on beneficial ownership in accordance with articles 11 and 12 of this directive , including the authentication of users through the use of electronic identification means and relevant trust services as set out in regulation (eu) 910/2014; ### the technical modalities to implement the different types of access to information on beneficial ownership in accordance with articles 11 and 12 of this directive , including the authentication of users through the use of electronic identification means and relevant trust services as set out in regulation (eu) 910/2014. these modalities should ensure that users from other member states are not prevented from accessing the information;


### the payment modalities where access to beneficial ownership information is subject to the payment of a fee according to article 12(2) taking into account available payment facilities such as remote payment transactions. ### deleted


### 3 real estate registers ### 3 land and real estate registers


### real estate registers ### land and real estate registers


### 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 fius and other competent authorities with unrestricted and free access to information via a single access point in each member state 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. 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 fius and other competent authorities with direct , unrestricted and free access to information via a single access point in each member state which allows the identification , in a timely manner , of any natural or legal person owning land or real estate through registers or electronic data retrieval systems. competent authorities shall also have access to information allowing the identification and analysis of transactions involving land or 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 land or 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 offices and other competent aml/cft authorities shall be granted direct and immediate access to the information referred to in the first subparagraph.


### 2. the fiu shall be the single central national unit responsible for receiving and analysing suspicious transactions and other information relevant to money laundering , its predicate offences or terrorist financing submitted by obliged entities in accordance with article 50 or reports submitted by obliged entities in accordance with article 59(4) , point (b) , of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and by customs authorities pursuant to article 9 of regulation (eu) 2018/1672. ### 2. the fiu shall be the single central national unit responsible for receiving and analysing suspicious transactions submitted by obliged entities in accordance with article 50 or reports submitted by obliged entities in accordance with article 59(4) , point (b) , of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and other information relevant to money laundering , its predicate offences or terrorist financing , as well as by customs authorities pursuant to article 9 of regulation (eu) 2018/1672.


### 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 , in particular the need to further provide these analyses to investigative and prosecution services combating money laundering , associated predicate offences , and terrorism financing.


### 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 , in accordance with paragraph 3 , disseminate specific information in accordance with applicable union law. it shall be free from any undue political , government or industry influence or interference.


### 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 relevant eu bodies involved in aml/cft , pursuant to article 45 on the exchange of information.


### 1. member states shall ensure that their fius have: ### 1. in particular , member states shall ensure that their fius have:


### 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


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


### direct or indirect access to the following law enforcement information: ### direct access to the following law enforcement information:


### 1. member states shall ensure that fius respond in a timely manner to reasoned requests for information by other competent authorities in their respective member state or union authorities competent for investigating or prosecuting criminal activities when such requests for information are motivated by concerns relating to money laundering , its predicate offences or terrorist financing or when this information is necessary for the competent authority to perform its tasks under this directive. the decision on conducting the dissemination of information shall remain with the fiu. ### 1. member states shall ensure that fius respond in a timely manner , and in any case no later than in seven days , to reasoned requests for information by other competent authorities in their respective member state or union authorities , including amla , competent for investigating or prosecuting criminal activities when such requests for information are motivated by concerns relating to money laundering , its predicate offences or terrorist financing or when this information is necessary for the competent authority to perform its tasks under this directive. the decision on conducting the dissemination of information shall remain with the fiu.


### 1. member states shall ensure that fius respond in a timely manner to reasoned requests for information by other competent authorities in their respective member state or union authorities competent for investigating or prosecuting criminal activities when such requests for information are motivated by concerns relating to money laundering , its predicate offences or terrorist financing or when this information is necessary for the competent authority to perform its tasks under this directive. the decision on conducting the dissemination of information shall remain with the fiu. ### 1. member states shall ensure that fius respond in a timely manner , and in any case no later than seven days , to reasoned requests for information by other competent authorities in their respective member state or union authorities competent for investigating or prosecuting criminal activities when such requests for information are motivated by concerns relating to money laundering , its predicate offences or terrorist financing or when this information is necessary for the competent authority to perform its tasks under this directive. the decision on conducting the dissemination of information shall remain with the fiu.


### where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses , or , in exceptional circumstances , where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested , the fiu shall be under no obligation to comply with the request for information. ### where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses , or , in exceptional circumstances , where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested , the fiu may only refuse the request for information by means of a written and duly justified response that shall also be transmitted to amla for the purpose of identifying trends and any possible impediments to cooperation that may warrant , if appropriate , future legislative action.


### 2. competent authorities shall provide feedback to the fiu about the use made of the information provided in accordance with this article. such feedback shall be provided as soon as possible and in any case , at least on an annual basis , in such a way as to inform the fiu about the actions taken by the competent authorities on the basis of the information provided by the fiu and allow the fiu to execute its operational analysis function. ### 2. competent authorities , including amla , shall provide feedback to the fiu about the use and usefulness of the information provided in accordance with this article and article 17 , and about the outcome of the investigations performed on the basis of that information. such feedback shall be provided as soon as possible and in any case , at least on an annual basis , in such a way as to inform the fiu about the actions taken by the competent authorities on the basis of the information provided by the fiu and allow the fiu to improve its operational analysis function.


### 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 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 , in order to analyse the transaction , confirm the suspicion and disseminate the results of the analysis to the competent authorities and amla , where relevant. in cases covered by article 52 [please insert reference to amlr] , such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report. 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.


### the fiu shall be empowered to impose such suspension , directly or indirectly , at the request of an fiu from another member state for the periods and under the conditions specified in the national law of the fiu receiving the request. ### the fiu shall be empowered to impose such suspension , directly or indirectly , at the request of an fiu from another member state or amla within 48 hours , for the periods and under the conditions specified in the national law of the fiu receiving the request.


### 2. where there is a suspicion that several transactions involving a bank or payment account are related to money laundering or terrorist financing , member states shall ensure that the fiu is empowered to take urgent action , directly or indirectly , to suspend the use of a bank or payment account in order to analyse the transactions performed through the account , confirm the suspicion and disseminate the results of the analysis to the competent authorities. ### 2. where there is a suspicion that a bank , payment or crypto-assets account or another business relation may be used for money laundering , associated predicate offences , or terrorist financing , member states shall ensure that the fiu is empowered to take urgent action , directly or indirectly , to suspend the use of the account or business relationship , in order to perform the analyses , confirm the suspicion and disseminate the results of the analysis to the competent authorities to allow for the adoption of appropriate measures.


### 3. member states shall provide for the effective possibility for the person whose bank or payment account is affected to challenge the suspension before a court in accordance with procedures provided for in national law. ### 3. member states shall provide for the effective possibility for the person whose bank or payment account is affected to challenge the suspension before a court in accordance with procedures provided for in national law. member states shall also provide for the procedures for notification of the fiu's decision to the concerned person.


### 3. member states shall provide for the effective possibility for the person whose bank or payment account is affected to challenge the suspension before a court in accordance with procedures provided for in national law. ### 3. member states shall provide , where applicable , for the possibility for the person whose bank , payment or crypto-asset account is affected to challenge the suspension before a court in accordance with procedures provided for in national law.


### 4. fius shall be empowered to impose the suspensions referred to in paragraphs 1 and 2 , directly or indirectly , at the request of an fiu from another member state under the conditions specified in the national law of the fiu receiving the request. ### 4. fius shall be empowered to impose the suspensions and monitoring measures referred to in paragraphs 1 , 2 and 3a , at the request of an fiu from another member state or a third country , under the conditions specified in the applicable union law and the national law of the fiu receiving the request. the receiving fiu shall promptly inform the fiu of the requesting member state of the measures it has taken pursuant to its request. where an fiu decides to suspend or prohibit a transaction in accordance with paragraph 1 , or to suspend a bank or payment account in accordance with paragraph 2 , this information shall be made available to all fius through fiu.net.


### 4. fius shall be empowered to impose the suspensions referred to in paragraphs 1 and 2 , directly or indirectly , at the request of an fiu from another member state under the conditions specified in the national law of the fiu receiving the request. ### 4. fius shall be empowered to impose the suspensions referred to in paragraphs 1 and 2 at the request of an fiu from another member state under the conditions specified in the national law of the fiu receiving the request. the possibility provided in point 3 of this article should apply also in this case.


### member states shall ensure that fius cooperate with each other and with their counterparts in third countries to the greatest extent possible , regardless of their organisational status. ### member states shall ensure that fius cooperate with each other and with their counterparts in third countries to the greatest extent possible and in a timely manner , regardless of their organisational status. to this end , they should provide for effective arrangements for cross-border and international cooperation.


### 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 and for obliged entities to submit suspicious transaction and activity reports affecting more than one member state shall be set up (‘fiu.net’). the system shall ensure a secure communication and exchange of information and shall be capable of producing a written record under conditions that allow ascertaining authenticity. subject to a decision by amla , 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. the system shall serve as a centralised information exchange hub between obliged entities , fius and the authority.


### 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. fius shall exchange information pursuant to articles 24 and 25 using the fiu.net. in the event of technical failure of the fiu.net , the information shall be transmitted through equivalent protected channels of communication , in accordance with criteria identified by amla by means of guidelines.


### 3. member states shall ensure that , in order to fulfil their tasks as laid down in this directive , their fius cooperate in the application of state-of-the-art technologies in accordance with their national law. ### 3. member states shall ensure that , in order to fulfil their tasks as laid down in this directive and applicable union law , their fius participate , use and cooperate to the maximum extent in the application of state-of-the-art technologies , in particular in accordance with article 5 (5) (e) and article 37 of [please insert reference to amla regulation].


### 1. member states shall ensure that fius exchange , spontaneously or upon request , any information that may be relevant for the processing or analysis of information by the fiu related to money laundering , its predicate offences , or terrorist financing , and the natural or legal person involved , even if the type of predicate offences that may be involved is not identified at the time of the exchange. ### 1. member states shall ensure that fius exchange , spontaneously or upon request , any information that may be relevant for the processing or analysis of information by the fiu related to money laundering , its predicate offences , or terrorist financing , and the natural or legal person involved , regardless of the type of predicate offences that may be involved , and even if the type of predicate offences that may be involved is not identified at the time of the exchange.


### 2. by [2 years after the date of entry into force of this directive] , amla shall develop draft implementing technical standards and submit them to the commission for adoption. those draft implementing technical standards shall specify the format to be used for the exchange of the information referred to in paragraph 1. ### 2. by [2 years after the date of entry into force of this directive] , amla shall develop draft implementing technical standards and submit them to the commission for adoption. those draft implementing technical standards shall specify the format to be used for the exchange of the information referred to in paragraph 1 , and the relevant factors to be taken into consideration when determining whether a report pursuant to article 50(1) , the first subparagraph , point (a) , of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] concerns another member state , the procedures to be put in place when forwarding and receiving that report , and the follow-up to be given.


### 4. by [1 year after the date of transposition of this directive] , amla shall issue guidelines addressed to fius on the relevant factors to be taken into consideration when determining whether a report pursuant to article 50(1) , the first subparagraph , point (a) , of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] concerns another member state , the procedures to be put in place when forwarding and receiving that report , and the follow-up to be given. ### deleted


### 8. an fiu may refuse to exchange information only in exceptional circumstances where the exchange could be contrary to fundamental principles of its national law. those exceptional circumstances shall be specified in a way which prevents misuse of , and undue limitations on , the free exchange of information for analytical purposes. ### deleted


### by [1 year after the date of transposition of this directive] , member states shall notify to the commission the exceptional circumstances referred to in the first subparagraph. member states shall update such notifications where changes to the exceptional circumstances identified at national level occur. ### deleted


### 2. member states shall ensure that the requested fiu’s prior consent to disseminate the information to competent authorities is granted promptly and to the largest extent possible , regardless of the type of predicate offences. the requested fiu shall not refuse its consent to such dissemination unless this would fall beyond the scope of application of its aml/cft provisions or could lead to impairment of an investigation , or would otherwise not be in accordance with fundamental principles of national law of that member state. any such refusal to grant consent shall be appropriately explained. the cases where fius may refuse to grant consent shall be specified in a way which prevents misuse of , and undue limitations to , the dissemination of information to competent authorities. ### 2. member states shall ensure that the requested fiu’s prior consent to disseminate the information to competent authorities is granted promptly and to the largest extent possible , regardless of the type of predicate offences and whether or not the predicate offence has been identified. the requested fiu shall not refuse its consent to such dissemination unless this would fall beyond the scope of application of its aml/cft provisions or could lead to impairment of an investigation , or would otherwise not be in accordance with fundamental principles of national law of that member state. any such refusal to grant consent shall be appropriately explained. the cases where fius may refuse to grant consent shall be specified in a way which prevents misuse of , and undue limitations to , the dissemination of information to competent authorities.


### 3. member states shall ensure that supervisors make information on persons or entities designated in relation to targeted financial sanctions available to the obliged entities under their supervision immediately. ### 3. member states shall ensure that information on persons or entities designated in relation to targeted financial sanctions is made available to the obliged entities under their supervision immediately.


### 2. in addition to article 5 , obliged entities wishing to exercise the freedom to provide services by carrying out activities within the territory of another member state for the first time shall notify the supervisors of the home member state of the activities which they intend to carry out. such notification shall also be required where provision of cross-border services is carried out by agents of the obliged entity. ### 2. in addition to article 5 , obliged entities wishing to exercise the freedom to provide services by carrying out activities within the territory of another member state for the first time shall notify the supervisors of the home member state of the activities which they intend to carry out. those supervisors shall , within three months of the receipt of the information , communicate that information to the supervisors of the host member state. such notification shall also be required where provision of cross-border services is carried out by agents of the obliged entity or through any natural or legal person which acts on their behalf. such requirement shall not apply to obliged entities subject , pursuant to other union acts , to specific notification procedures for the exercise of the freedom of establishment and to provide services.


### 5. where the supervisors of the home and host member state disagree on the measures to be taken in relation to an obliged entity , they may refer the matter to amla and request its assistance in accordance with articles 5 and 10 of regulation [please insert reference – proposal for establishment of an anti-money laundering authority - com/2021/421 final]. amla shall provide its advice on the matter of disagreement within one month. ### 5. where the supervisors of the home and host member state disagree on the measures to be taken in relation to an obliged entity , they may refer the matter to amla and request its assistance in accordance with articles 5 and 10 of regulation [please insert reference – proposal for establishment of an anti-money laundering authority - com/2021/421 final]. amla shall settle the disagreement on the matter within one month by means of a binding and enforceable instruction.


### 6. member states shall ensure that the provisions of this article also apply to the supervision of groups of obliged entities other than credit or financial institutions. member states shall also ensure that in cases where obliged entities other than credit and financial institutions are part of structures which share common ownership , management or compliance control , including networks or partnerships , cooperation and exchange of information between supervisors is facilitated. ### 6. member states shall ensure that the provisions of this article also apply to non-financial supervisors in cases of supervision of groups of obliged entities other than credit or financial institutions. member states shall also ensure that in cases where obliged entities other than credit and financial institutions are part of structures which share common ownership , management or compliance control , including networks or partnerships , cooperation and exchange of information between supervisors is facilitated.