### supervisors , including amla , shall inform each other of instances in which the law of a third country does not permit the implementation of the policies , controls and procedures required under article 13 of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final]. in such cases , coordinated actions may be taken by supervisors to pursue a solution. in assessing which third countries do not permit the implementation of the policies , controls and procedures required under article 13 of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] , supervisors shall take into account any legal constraints that may hinder proper implementation of those policies and procedures , including professional secrecy , an insufficient level of data protection and other constraints limiting the exchange of information that may be relevant for that purpose. ### supervisors , including amla , and non-aml/cft authorities shall inform each other of instances in which the law of a third country does not permit the implementation of the policies , controls and procedures required under article 13 of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final]. in such cases , coordinated actions may be taken by supervisors to pursue a solution. in assessing which third countries do not permit the implementation of the policies , controls and procedures required under article 13 of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] , supervisors shall take into account any legal constraints that may hinder proper implementation of those policies and procedures , including professional secrecy , an insufficient level of data protection and other constraints limiting the exchange of information that may be relevant for that purpose.


### 3. members states may allow the establishment of aml/cft supervisory colleges when a credit or financial institution established in the union has set up establishments in at least two third countries. financial supervisors may invite their counterparts in those third countries to set up such college. the financial supervisors participating in the college shall establish a written agreement detailing the conditions and procedures of the cooperation and exchange of information. ### 3. members states may allow the establishment of aml/cft supervisory colleges when a credit or financial institution established in the union has set up establishments in at least two third countries. financial supervisors may invite their counterparts in those third countries , as observers , to set up such college. the financial supervisors participating in the college shall establish a written agreement detailing the conditions and procedures of the cooperation and exchange of information.


### cooperation with financial supervisors in third countries ### cooperation with supervisors in third countries


### 1. member states may authorise financial supervisors to conclude cooperation agreements providing for collaboration and exchanges of confidential information with their counterparts in third countries. such cooperation agreements shall comply with applicable data protection rules for data transfers and be concluded on the basis of reciprocity and only if the information disclosed is subject to a guarantee of professional secrecy requirements at least equivalent to that referred to in article 50(1). confidential information exchanged in accordance with those cooperation agreements shall be used for the purpose of performing the supervisory tasks of those authorities only. ### 1. member states shall authorise supervisors to conclude cooperation agreements providing for collaboration and exchanges of confidential information with their counterparts in third countries. such cooperation agreements shall comply with applicable data protection rules for data transfers and be concluded on the basis of reciprocity and only if the information disclosed is subject to a guarantee of professional secrecy requirements at least equivalent to that referred to in article 50(1). confidential information exchanged in accordance with those cooperation agreements shall be used for the purpose of performing the supervisory tasks of those authorities only.


### where the information exchanged originates in another member state , it shall only be disclosed with the explicit consent of the financial supervisor which shared it and , where appropriate , solely for the purposes for which that supervisor gave its consent. ### where the information exchanged originates in another member state , it shall only be disclosed with the explicit consent of the supervisor which shared it and , where appropriate , solely for the purposes for which that supervisor gave its consent.


### 2. for the purposes of paragraph 1 , amla may lend such assistance as may be necessary to assess the equivalence of professional secrecy requirements applicable to the third country counterpart. ### 2. for the purposes of paragraph 1 , amla shall assess the equivalence of professional secrecy requirements applicable to the third country counterpart.


### 3. member states shall ensure that financial supervisors notify any agreement signed pursuant to this article to amla within one month of its signature. ### 3. member states shall ensure that supervisors notify:


### 1. where member states decide , pursuant to article 29(3) , to allow self-regulatory bodies to perform supervision of the entities referred to in article 3 , points (3)(a) , (b) and (d) , of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] , they shall ensure that the activities of such self-regulatory bodies in the performance of such functions are subject to oversight by a public authority. ### 1. where member states decide , pursuant to article 29(3) , to allow self-regulatory bodies to perform supervision of the entities referred to in article 3 , points (3)(a) , (b) and (d) , of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] , they shall ensure that the activities of such self-regulatory bodies in the performance of such functions are subject to oversight by public authorities.


### 2. the authority overseeing self-regulatory bodies shall be responsible for: ### 2. the authority overseeing self-regulatory bodies shall be responsible for ensuring that srbs as a minimum fulfil their legal obligations as stated in union acts or national legislation transposing union acts , including by:


### issuing guidance as regards the performance of the functions referred to in article 29(1); ### issuing guidance as regards the performance of the obligations referred to in article 29(1);


### ensuring that self-regulatory bodies perform their functions under section 1 of this chapter to the highest standards; ### ensuring that self-regulatory bodies perform their functions in accordance with the applicable rules under section 1 of this chapter;


### reviewing the exemptions granted by self-regulatory bodies from the obligation to draw up an individual documented risk assessment pursuant to article 29(4) , point (b). ### reviewing the exemptions granted by self-regulatory bodies from the obligation to draw up an individual documented risk assessment pursuant to article 29(4) , point (b). the overseeing authority neither performs supervisory tasks vis-à-vis obliged entities nor decides on single supervisory actions of the self-regulatory body vis-à-vis obliged entities.


### issue instructions to a self-regulatory body for the purpose of remedying a failure to perform its functions under article 29(1) or to comply with the requirements of paragraph 6 of that article , or to prevent any such failures. when issuing such instructions , the authority shall consider any relevant guidance it provided or that has been provided by amla. ### issue instructions to a self-regulatory body for the purpose of remedying a failure to perform its functions under article 29(1) or to comply with the requirements of paragraph 5 and 6 of that article , or to prevent any such failures. when issuing such instructions , the authority shall consider any relevant guidance it provided or that has been provided by amla.


### issue instructions to a self-regulatory body for the purpose of remedying a failure to perform its functions under article 29(1) or to comply with the requirements of paragraph 6 of that article , or to prevent any such failures. when issuing such instructions , the authority shall consider any relevant guidance it provided or that has been provided by amla. ### issue decisions to self-regulatory body for the purpose of remedying a failure to comply with its obligations under article 29(1) or a failure to comply with the requirements of paragraph 6 of that article. when issuing such decisions , the authority shall consider any relevant guidance it provided or that has been provided by amla.


### the number and description of measures taken by the authority overseeing self-regulatory bodies under this article and the number of instructions issued to self-regulatory bodies. ### the description of measures taken by the authority overseeing self-regulatory bodies under this article.


### 6. in the exercise of their powers to impose administrative sanctions and measures , supervisors shall cooperate closely in order to ensure that those administrative sanctions or measures produce the desired results and coordinate their action when dealing with cross-border cases. ### 6. in the exercise of their powers to impose administrative sanctions and measures , supervisors shall cooperate closely , and , where relevant , also coordinate their actions with other authorities concerned , in order to ensure that those administrative sanctions or measures produce the desired results and coordinate their action when dealing with cross-border cases.


### section 1 of chapter ii (internal controls). ### chapter ii (internal policies , controls and procedures of obliges entities).


### 1. when supervisors identify breaches of requirements of the regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] which are not deemed sufficiently serious to be punished with an administrative sanction , they may decide to impose administrative measures on the obliged entity. member states shall ensure that the supervisors are able at least to: ### 1. when supervisors identify breaches of requirements of the regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] , they may decide to impose administrative measures on the obliged entity. member states shall ensure that the supervisors are able at least to:


### where an obliged entity is subject to an authorisation , withdraw or suspend the authorisation; ### where an obliged entity is subject to an authorisation , withdraw or suspend the authorisation , or propose the imposition of these or similar measures where the corresponding powers rest with another authority;


### impose a temporary ban against any person discharging managerial responsibilities in an obliged entity , or any other natural person , held responsible for the breach , from exercising managerial functions in obliged entities. ### impose a temporary ban against any person discharging managerial responsibilities in an obliged entity , or any other natural person , held responsible for the breach , from exercising managerial functions in obliged entities , or to propose the imposition of such measure or a removal of the person from a function within the obliged entity where the corresponding powers rest with another authority.


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


### 3. supervisors shall ensure that any publication in accordance with this article shall remain on their official website for a period of five years after its publication. however , personal data contained in the publication shall only be kept on the official website of the competent authority for the period which is necessary in accordance with the applicable data protection rules and in any case for no more than 5 years. ### 3. supervisors or other competent authorities shall ensure that any publication in accordance with this article shall remain on their official website for a period of five years after its publication. however , personal data contained in the publication shall only be kept on the official website of the competent authority for the period which is necessary in accordance with the applicable data protection rules , without prejudice to other data retention requirements allowing case-by-case decisions to facilitate criminal or administrative proceedings..


### 4. member states shall ensure that legal persons can be held liable for the breaches referred to in article 40(1) committed for their benefit by any person , acting individually or as part of an organ of that legal person , and having a leading position within the legal person based on any of the following: ### 4. member states shall ensure that legal persons can be held liable for the breaches committed by any person , acting individually or as part of an organ of that legal person , and having a leading position within the legal person based on any of the following:


### 5. member states shall ensure that legal persons can be held liable where the lack of supervision or control by the persons referred to in paragraph 4 of this article has made possible the commission , by a person under their authority , of the breaches referred to in article 40(1) for the benefit of that legal person. ### 5. member states shall ensure that legal persons can be held liable where the lack of supervision or control by the persons referred to in paragraph 4 of this article has made possible the commission , by a person under their authority , of any breach referred to in this directive.


### 1. member states shall ensure that supervisory authorities , as well as , where applicable , self-regulatory bodies , establish effective and reliable mechanisms to encourage the reporting of potential and actual breaches of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final]. ### 1. member states shall ensure that supervisory authorities , fius , as well as , where applicable , self-regulatory bodies , establish effective and reliable mechanisms to encourage the reporting of potential and actual breaches of this directive and regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final].


### appropriate protection for employees or persons in a comparable position , of obliged entities who report breaches committed within the obliged entity; ### appropriate protection for employees or persons in a comparable position , of obliged entities who report breaches committed within the obliged entity , as well as for any individual who has independent knowledge or who after independent evaluation of publicly-available information provides information to the competent authorities;


### 1. member states shall ensure that policy makers , the fius , supervisors , including amla , and other competent authorities , as well as tax authorities have effective mechanisms to enable them to cooperate and coordinate domestically concerning the development and implementation of policies and activities to combat money laundering and terrorist financing and to prevent the non-implementation and evasion of proliferation financing-related targeted financial sanctions , including with a view to fulfilling their obligations under article 8. ### 1. member states shall ensure that policy makers , the fius , supervisors , including amla , europol and other competent authorities , as well as tax authorities have effective mechanisms to enable them to cooperate and coordinate domestically and at eu level concerning the development and implementation of policies and activities to combat money laundering and terrorist financing and to prevent the non-implementation and evasion of proliferation financing-related targeted financial sanctions , including with a view to fulfilling their obligations under article 8.


### 3. member states shall not prohibit or place unreasonable or unduly restrictive conditions on the exchange of information or assistance between competent authorities for the purposes of this directive. member states shall ensure that competent authorities do not refuse a request for assistance on the grounds that: ### 3. member states shall not prohibit or place unreasonable or unduly restrictive conditions on the exchange of information or assistance between competent authorities , supervisors and non-aml/cft authorities for the purposes of this directive. member states shall ensure that competent authorities , supervisors and non-aml/cft authorities do not refuse a request for assistance on the grounds that:


### there is an inquiry , investigation or proceeding underway in the requested member state , unless the assistance would impede that inquiry , investigation or proceeding; ### there is an analysis , inquiry , investigation or proceeding underway in the requested member state , unless the assistance would impede that analysis , inquiry , investigation or proceeding;


### the nature or status of the requesting counterpart competent authority is different from that of requested competent authority. ### the nature or status of the requesting counterpart competent authority , supervisor or non-aml/cft authority is different from that of requested competent authority , supervisor or non-aml/cft authority.


### fiu and supervisory authorities shall cooperate with amla and shall provide it with all the information necessary to allow it to carry out its duties under this directive , under regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and under regulation [please insert reference – proposal for establishment of an anti-money laundering authority - com/2021/421 final]. ### fius , supervisory authorities , as well any other national authority competent in the field of aml/ft shall cooperate with amla and shall provide it with all the information necessary to allow it to carry out its duties under this directive , under regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and under regulation [please insert reference – proposal for establishment of an anti-money laundering authority - com/2021/421 final].


### fiu and supervisory authorities shall cooperate with amla and shall provide it with all the information necessary to allow it to carry out its duties under this directive , under regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and under regulation [please insert reference – proposal for establishment of an anti-money laundering authority - com/2021/421 final]. ### fius , supervisors and non-aml/cft authorities shall cooperate with amla and shall provide it with all the information necessary to allow it to carry out its duties under this directive , under regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] and under regulation [please insert reference – proposal for establishment of an anti-money laundering authority - com/2021/421 final].


### 1. member states shall ensure that financial supervisors , fius and authorities competent for the supervision of credit institutions under other legal acts cooperate closely with each other within their respective competences and provide each other with information relevant for the performance of their respective tasks. such cooperation and information exchange shall not impinge on an ongoing inquiry , investigation or proceedings in accordance with the criminal or administrative law of the member state where the financial supervisor or authority entrusted with competences for the supervision of credit institutions under other legal acts is located and shall not affect obligations of professional secrecy as provided in article 50(1). ### 1. member states shall ensure that supervisors , non-aml/cft authorities , fius and authorities competent for the supervision of financial institutions under other legal acts cooperate closely with each other within their respective competences and provide each other with information relevant for the performance of their respective tasks. such cooperation and information exchange shall not impinge on an ongoing inquiry , investigation or proceedings in accordance with the criminal or administrative law of the member state where the supervisors , non-aml/cft authorities , fius or authority entrusted with competences for the supervision of financial institutions under other legal acts is located and shall not affect obligations of professional secrecy as provided in article 50(1).


### 2. member states shall ensure that , where financial supervisors identify weaknesses in the aml/cft internal control system and application of the requirements of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] of a credit institution which materially increase the risks to which the institution is or might be exposed , the financial supervisor immediately notifies the european banking authority (eba) and the authority or body that supervises the credit institution in accordance with directive (eu) 2013/36 , including the ecb acting in accordance with council regulation (eu) 1024/201350 . ### 2. member states shall ensure that , where supervisors , non-aml/cft authorities or fius identify weaknesses in the aml/cft internal control system and application of the requirements of regulation [please insert reference – proposal for anti-money laundering regulation - com/2021/420 final] of a financial institution which materially increase the risks to which the institution is or might be exposed , the supervisor , non-aml/cft authority or fiu immediately notifies the european banking authority (eba) and the authority or body that supervises the institution affected in accordance with applicable union law , including the ecb acting in accordance with council regulation (eu) 1024/201350 .


### in the event of potential increased risk , financial supervisors shall be able to liaise with the authorities supervising the institution in accordance with directive (eu) 2013/36 and draw up a common assessment to be notified to eba. amla shall be kept informed of any such notifications. ### in the event of potential increased risk , the respective supervisors shall cooperate and share information with the authorities supervising the institution in accordance with applicable union law and draw up a common assessment to be notified to eba by the supervisor who first sent the notification. amla shall be kept informed of any such notifications sent to the eba.


### 6. by [2 years after the date of transposition of this directive] , amla shall , in consultation with eba , issue guidelines on cooperation between financial supervisors and the authorities referred to in paragraphs 2 , 3 and 4 , including on the level of involvement of fius in such cooperation. ### 6. by [2 years after the date of transposition of this directive] , amla shall , in consultation with eba and supervisors , issue guidelines on cooperation between financial supervisors and the authorities referred to in paragraphs 2 , 3 and 4 , including on the level of involvement of fius in such cooperation.


### financial supervisors and fius; ### financial supervisors and competent authorities;


### financial supervisors and competent authorities in charge of credit and financial institutions in accordance with other legislative acts relating to the supervision of credit and financial institutions , including the ecb acting in accordance with regulation (eu) 1024/2013 , whether within a member state or in different member states. ### financial supervisors and authorities in charge of supervising credit and financial institutions in accordance with other legislative acts relating to the supervision of credit and financial institutions , including the ecb acting in accordance with regulation (eu) 1024/2013 , whether within a member state or in different member states.


### for the purposes of the first subparagraph , point (c) , the exchange of information shall be subject to the professional secrecy requirements provided for in paragraph 1. ### for the purposes of the first subparagraph , the exchange of information shall be subject to the professional secrecy requirements provided for in paragraph 1 or equivalent provisions.


### in the discharge of its duties under this directive or under other legislative acts in the field of aml/cft , of prudential regulation and supervision of credit and financial institutions , including sanctioning; ### in the discharge of its duties under this directive or under other legislative acts;


### supervisors and the authorities responsible by law for the supervision of financial markets in the discharge of their respective supervisory functions; ### supervisors and the authorities responsible by law for the supervision of financial markets , or credit or financial institutions , in the discharge of their respective supervisory functions;


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


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


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


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


### when involved in or carrying out an occasional transaction that amounts to eur 10 000 or more , or the equivalent in national currency , whether that transaction is carried out in a single operation or through linked transactions , or a lower threshold laid down pursuant to paragraph 5; ### when involved in or carrying out an occasional transaction regardless of the amount , whether that transaction is carried out in a single operation or through linked transactions , or a lower threshold laid down pursuant to paragraph 5;


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


### 1. where an obliged entity is unable to comply with the customer due diligence measures laid down in article 16(1) , it shall refrain from carrying out a transaction or establishing a business relationship , and shall terminate the business relationship and consider filing a suspicious transaction report to the fiu in relation to the customer in accordance with article 50. ### 1. where an obliged entity is unable to comply with the customer due diligence measures laid down in article 16(1) , it shall not carry out a transaction or establish a business relationship , and shall terminate the business relationship and file a suspicious transaction report to the fiu in relation to the customer in accordance with article 50.


### the submission of the identity document , passport or equivalent and the acquisition of information from reliable and independent sources , whether accessed directly or provided by the customer; ### the submission of the identity document , passport or equivalent and the acquisition of information from reliable and independent sources , which can also be done by electronic means , whether accessed directly or provided by the customer;


### the frequency of updating customer information pursuant to the first sub-paragraph shall be based on the risk posed by the business relationship. the frequency of updating of customer information shall in any case not exceed five years. ### the frequency of updating customer information pursuant to the first sub-paragraph shall be based on the risk posed by the business relationship. the frequency of updating of customer information shall pursue a risk-based approach , particularly taking into account changes of relevant circumstances and shall in any case not exceed five years.


### 3. the commission , when drawing up the delegated acts referred to in paragraph 2 shall take into account information on jurisdictions under increased monitoring by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing , as well as relevant evaluations , assessments , reports or public statements drawn up by them. ### 3. the commission , when drawing up the delegated acts referred to in paragraph 2 shall take into account information on jurisdictions under increased monitoring by eu bodies , such as law enforcement agencies , international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing , as well as relevant evaluations , assessments , reports or public statements drawn up by them.


### the availability of accurate and timely information of the beneficial ownership of legal persons and arrangements to competent authorities; ### requirements relating to the availability of accurate and timely information of the beneficial ownership of legal persons and arrangements held by a public authority or body functioning as beneficial ownership mechanism that is as efficient , if the alternative mechanism is deemed appropriate by the commission , based on the recommendation of amla;


### 4. the commission , when drawing up the delegated acts referred to in paragraph 1 , shall take into account in particular relevant evaluations , assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing. ### 4. the commission , when drawing up the delegated acts referred to in paragraph 1 , shall take into account in particular relevant evaluations , assessments or reports drawn up by eu bodies , such as law enforcement agencies , international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing.


### 3. in issuing and reviewing the guidelines referred to in paragraph 1 , amla shall take into account evaluations , assessments or reports of international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing. ### 3. in issuing and reviewing the guidelines referred to in paragraph 1 , amla shall take into account evaluations , assessments or reports of eu bodies , such as law enforcement agencies , international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing.


### 1. in the cases referred to in articles 23 , 24 , 25 and 30 to 36 , as well as in other cases of higher risk that are identified by obliged entities pursuant to article 16(2) , second subparagraph (‘cases of higher risk’) , obliged entities shall apply enhanced customer due diligence measures to manage and mitigate those risks appropriately. ### 1. in the cases referred to in articles 23 , 24 , 25 and 30 to 36a , as well as in other cases of higher risk that are identified by obliged entities pursuant to article 16(2) , second subparagraph (‘cases of higher risk’) , obliged entities shall apply enhanced customer due diligence measures to manage and mitigate those risks appropriately.


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


### the obliged entity shall remain fully liable for any action of agents or external service providers to which activities are outsourced. ### the obliged entity shall remain fully liable for any action of agents or external service providers , including aml compliance entities , to which activities are outsourced.


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


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


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


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


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


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


### 3. where an obliged entity outsources a task pursuant to paragraph 1 , it shall ensure that the agent or external service provider applies the measures and procedures adopted by the obliged entity. the conditions for the performance of such tasks shall be laid down in a written agreement between the obliged entity and the outsourced entity. the obliged entity shall perform regular controls to ascertain the effective implementation of such measures and procedures by the outsourced entity. the frequency of such controls shall be determined on the basis of the critical nature of the tasks outsourced. ### 3. where an obliged entity outsources a task pursuant to paragraph 1 , it shall ensure that the agent or external service provider applies the measures and procedures adopted by the obliged entity. the conditions for the performance of such tasks shall be clearly specified and laid down in a written agreement between the obliged entity and the outsourced entity. the obliged entity shall perform regular controls to ascertain the effective implementation of such measures and procedures by the outsourced entity. the frequency of such controls shall be determined on the basis of the critical nature of the tasks outsourced.


### (2) the main challenge identified in respect to the application of the provisions of directive (eu) 2015/849 laying down obligations for private sector actors , the so-called obliged entities , is the lack of direct applicability of those rules and a fragmentation of the approach along national lines. whereas those rules have existed and evolved over three decades , they are still implemented in a manner not fully consistent with the requirements of an integrated internal market. therefore , it is necessary that rules on matters currently covered in directive (eu) 2015/849 which may be directly applicable by the obliged entities concerned are addressed in a new regulation in order to achieve the desired uniformity of application. ### (2) the main challenge identified in respect to the application of the provisions of directive (eu) 2015/849 laying down obligations for private sector actors , the so-called obliged entities , is the lack of direct applicability of those rules and a fragmentation of the approach along national lines. whereas those rules have existed and evolved over three decades , they are still implemented in a manner not fully consistent with the requirements of an integrated internal market. therefore , it is necessary that rules on matters currently covered in directive (eu) 2015/849 which may be directly applicable by the obliged entities concerned are addressed in a new regulation in order to achieve the desired uniformity of application and to eliminate divergences and inconsistencies of implementation practices within member states.


### (5) since the adoption of directive (eu) 2015/849 , recent developments in the union’s criminal law framework have contributed to strengthening the prevention and fight against money laundering , its predicate offences and terrorist financing. directive (eu) 2018/1673 of the european parliament and of the council25 has led to a common understanding of the money laundering crime and its predicate offences. directive (eu) 2017/1371 of the european parliament and of the council26 defined financial crimes affecting the union’s financial interest , which should also be considered predicate offences to money laundering. directive (eu) 2017/541 of the european parliament and of the council27 has achieved a common understanding of the crime of terrorist financing. as those concepts are now clarified in union criminal law , it is no longer needed for the union’s aml/cft rules to define money laundering , its predicate offences or terrorist financing. instead , the union’s aml/cft framework should be fully coherent with the union’s criminal law framework. ### (5) since the adoption of directive (eu) 2015/849 , recent developments in the union’s criminal law framework have contributed to strengthening the prevention and fight against money laundering , its predicate offences and terrorist financing. directive (eu) 2018/1673 of the european parliament and of the council25 has led to a common understanding of the money laundering crime and its predicate offences. directive (eu) 2017/1371 of the european parliament and of the council26 defined financial crimes affecting the union’s financial interest , which should also be considered predicate offences to money laundering. directive (eu) 2017/541 of the european parliament and of the council27 has achieved a common understanding of the crime of terrorist financing. as those concepts are now clarified in union criminal law , it is no longer needed for the union’s aml/cft rules to define money laundering , its predicate offences or terrorist financing. instead , the union’s aml/cft framework should be fully coherent with the union’s criminal law framework with the aim to improve public safety and protection of eu citizens.


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


### (23) the fatf has developed standards for jurisdictions to identify , and assess the risks of potential non-implementation or evasion of the targeted financial sanctions related to proliferation financing , and to take action to mitigate those risks. those new standards introduced by the fatf today do not substitute nor undermine the existing strict requirements for countries to implement targeted financial sanctions to comply with the relevant united nations security council regulations relating to the prevention , suppression and disruption of proliferation of weapons of mass destruction and its financing. those existing obligations , as implemented at union level by council decisions 2010/413/cfsp31 and (cfsp) 2016/84932 as well as by council regulations (eu) no 267/201233 and (eu) 2017/150934 , remain strict rule-based obligations binding on all natural and legal persons within the union. ### (23) the fatf has developed standards for jurisdictions to identify , and assess the risks of potential non-implementation or evasion of the targeted financial sanctions related to proliferation financing , and to take action to mitigate those risks. those new standards introduced by the fatf today do not substitute nor undermine the existing strict requirements for countries to implement targeted financial sanctions to comply with the relevant united nations security council regulations relating to the prevention , suppression and disruption of proliferation of weapons of mass destruction and its financing. those existing obligations , as implemented at union level by council decisions 2010/413/cfsp31 and (cfsp) 2016/84932 as well as by council regulations (eu) no 267/201233 and (eu) 2017/150934 , remain strict rule-based obligations binding on all natural and legal persons within the union. the same approach shall apply with regard to targeted financial sanctions relating to terrorism and terrorism financing , as well as to other applicable union targeted financial sanctions.


### (24) in order to reflect the latest developments at international level , a requirement has been introduced by this regulation to identify , understand , manage and mitigate risks of potential non-implementation or evasion of proliferation financing-related targeted financial sanctions at obliged entity level. ### (24) in order to reflect the latest developments at international level , a requirement has been introduced by this regulation to identify , understand , manage and mitigate risks of potential non-implementation or evasion of targeted financial sanctions relating to terrorism and terrorism financing , proliferation financing and to other applicable union targeted financial sanctions at obliged entity level.


### (25) it is important that obliged entities take all measures at the level of their management to implement internal policies , controls and procedures and to implement aml/cft requirements. while a person at management level should be identified as being responsible for implementing the obliged entity’s policies , controls and procedures , the responsibility for the compliance with aml/cft requirements should rest ultimately with the governing body of the entity. tasks pertaining to the day-to-day implementation of the obliged entity’s aml/cft policies , controls and procedures should be entrusted to a compliance officer. ### (25) it is important that obliged entities take all measures at the level of their management to implement internal policies , controls and procedures and to implement aml/cft requirements. while a person at management level should be identified as being responsible for implementing the obliged entity’s policies , controls and procedures , the responsibility for the compliance with aml/cft requirements should rest ultimately with the management body of the entity. tasks pertaining to the day-to-day implementation of the obliged entity’s aml/cft policies , controls and procedures should be entrusted to a compliance officer.


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


### (49) in order to protect the proper functioning of the union financial system from money laundering and terrorist financing , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfeu) should be delegated to the commission to identify third countries , whose shortcomings in their national aml/cft regimes represent a threat to the integrity of the union’s internal market. the changing nature of money laundering and terrorist financing threats from outside the union , facilitated by a constant evolution of technology and of the means at the disposal of criminals , requires that quick and continuous adaptations of the legal framework as regards third countries be made in order to address efficiently existing risks and prevent new ones from arising. the commission should take into account information from international organisations and standard setters in the field of aml/cft , such as fatf public statements , mutual evaluation or detailed assessment reports or published follow-up reports , and adapt its assessments to the changes therein , where appropriate. ### (49) in order to protect the proper functioning of the union financial system from money laundering and terrorist financing , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfeu) should be delegated to the commission to identify third countries , whose shortcomings in their national aml/cft regimes represent a threat to the integrity of the union’s internal market. the changing nature of money laundering and terrorist financing threats from outside the union , facilitated by a constant evolution of technology and of the means at the disposal of criminals , requires that quick and continuous adaptations of the legal framework as regards third countries be made in order to address efficiently existing risks and prevent new ones from arising. the commission should take into account information from other eu bodies , such as law enforcement agencies , international organisations and standard setters in the field of aml/cft , such as fatf public statements , mutual evaluation or detailed assessment reports or published follow-up reports , and adapt its assessments to the changes therein , where appropriate.


### (52) countries that are not publicly identified as subject to calls for actions or increased monitoring by international standard setters might still pose a threat to the integrity of the union’s financial system. to mitigate those risks , it should be possible for the commission to take action by identifying , based on a clear set of criteria and with the support of amla , third countries posing a specific and serious threat to the union’s financial system , which may be due to either compliance weaknesses or significant strategic deficiencies of a persistent nature in their aml/cft regime , and the relevant mitigating measures. those third countries should be identified by the commission. according to the level of risk posed to the union’s financial system , the commission should require the application of either all enhanced due diligence measures and country-specific countermeasures , as it is the case for high-risk third countries , or country-specific enhanced customer due diligence , such as in the case of third countries with compliance weaknesses. ### (52) countries that are not publicly identified as subject to calls for actions or increased monitoring by international standard setters might still pose a threat to the integrity of the union’s financial system. to mitigate those risks , it should be possible for the commission to take action by identifying , based on a clear set of criteria and with the support of amla and other eu bodies , such as law enforcement agencies , involved in the aml/cft framework , third countries posing a specific and serious threat to the union’s financial system , which may be due to either compliance weaknesses or significant strategic deficiencies of a persistent nature in their aml/cft regime , and the relevant mitigating measures. those third countries should be identified by the commission. according to the level of risk posed to the union’s financial system , the commission should require the application of either all enhanced due diligence measures and country-specific countermeasures , as it is the case for high-risk third countries , or country-specific enhanced customer due diligence , such as in the case of third countries with compliance weaknesses.


### (62) obliged entities may outsource tasks relating to the performance of customer due diligence to an agent or external service provider , unless they are established in third countries that are designated as high-risk , as having compliance weaknesses or as posing a threat to the union’s financial system. in the case of agency or outsourcing relationships on a contractual basis between obliged entities and external service providers not covered by aml/cft requirements , any aml/cft obligations upon those agents or outsourcing service providers could arise only from the contract between the parties and not from this regulation. therefore , the responsibility for complying with aml/cft requirements should remain entirely with the obliged entity itself. the obliged entity should in particular ensure that , where an outsourced service provider is involved for the purposes of remote customer identification , the risk-based approach is respected. ### (62) obliged entities may outsource tasks relating to the performance of customer due diligence to an agent or external service provider , such as an aml compliance entity , unless they are established in third countries that are designated as high-risk , as having compliance weaknesses or as posing a threat to the union’s financial system. these outsourcing activities should support obliged entities , to obtain complete , timely and accurate information by using decision-making tools , such as global news , business , regulatory and legal databases. in the case of agency or outsourcing relationships on a contractual basis between obliged entities and external service providers not covered by aml/cft requirements , any aml/cft obligations upon those agents or outsourcing service providers could arise only from the contract between the parties and not from this regulation. therefore , the responsibility for complying with aml/cft requirements should remain entirely with the obliged entity itself. the obliged entity should in particular ensure that , where an outsourced service provider is involved for the purposes of remote customer identification , the risk-based approach is respected.


### (72) there is a need to ensure a level playing field among the different types of legal forms and to avoid the misuse of trusts and legal arrangements , which are often layered in complex structures to further obscure beneficial ownership. trustees of any express trust administered in a member state should thus be responsible for obtaining and holding adequate , accurate and current beneficial ownership information regarding the trust , and for disclosing their status and providing this information to obliged entities carrying out costumer due diligence. any other beneficial owner of the trust should assist the trustee in obtaining such information. ### (72) there is a need to ensure a level playing field among the different types of legal forms and to avoid the misuse of trusts and legal arrangements , which are often layered in complex structures to further obscure beneficial ownership. trustees of any express trust administered in a member state should thus be responsible for obtaining and holding adequate , accurate and current beneficial ownership information regarding the trust , and for disclosing their status and providing this information to obliged entities carrying out costumer due diligence. any other beneficial owner of the trust should assist the trustee in obtaining such information. amla shall investigate the possibility of the creation of a central european beneficial owners register with uniform standards.


### (73) in view of the specific structure of certain legal entities such as foundations , and the need to ensure sufficient transparency about their beneficial ownership , such entities and legal arrangements similar to trusts should be subject to equivalent beneficial ownership requirements as those that apply to express trusts. ### (73) in view of the specific structure of certain legal entities such as foundations , and the need to ensure sufficient transparency about their beneficial ownership , such entities and legal arrangements similar to trusts should be subject to equivalent beneficial ownership requirements as those that apply to express trusts. however , these requirements shall not lead to excessive burden on civil society organisations , with a restrictive or coercive effect on their work.


### (77) suspicious transactions , including attempted transactions , and other information relevant to money laundering , its predicate offences and terrorist financing , should be reported to the fiu , which should serve as a single central national unit for receiving and , analysing reported suspicions and for disseminating to the competent authorities the results of its analyses. all suspicious transactions , including attempted transactions , should be reported , regardless of the amount of the transaction. reported information may also include threshold-based information. the disclosure of information to the fiu in good faith by an obliged entity or by an employee or director of such an entity should not constitute a breach of any restriction on disclosure of information and should not involve the obliged entity or its directors or employees in liability of any kind. ### (77) suspicious transactions , including attempted transactions , and other information relevant to money laundering , its predicate offences and terrorist financing , should be reported to the fiu , which should serve as a single central national unit for receiving and , analysing reported suspicions and for disseminating to the competent authorities the results of its analyses. fiu's shall strengthen cooperation with competent authorities to ensure that meaningful information is exchanged in a timely and constructive manner. all suspicious transactions , including attempted transactions , should be reported , regardless of the amount of the transaction. reported information may also include threshold-based information. the disclosure of information to the fiu in good faith by an obliged entity or by an employee or director of such an entity should not constitute a breach of any restriction on disclosure of information and should not involve the obliged entity or its directors or employees in liability of any kind.


### (94) the use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti-money laundering rules when making or receiving cash payments of eur 10 000 or more. at the same time , differences in approaches among member states have undermined the level playing field within the internal market to the detriment of businesses located in member states with stricter controls. it is therefore necessary to introduce a union-wide limit to large cash payments of eur 10 000. member states should be able to adopt lower thresholds and further stricter provisions. ### (94) the use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti-money laundering rules when making or receiving cash payments of eur 10 000 or more. at the same time , differences in approaches among member states have undermined the level playing field within the internal market to the detriment of businesses located in member states with stricter controls. it is therefore necessary to enforce anti-money laundering rules across the eu.


### (94) the use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti-money laundering rules when making or receiving cash payments of eur 10 000 or more. at the same time , differences in approaches among member states have undermined the level playing field within the internal market to the detriment of businesses located in member states with stricter controls. it is therefore necessary to introduce a union-wide limit to large cash payments of eur 10 000. member states should be able to adopt lower thresholds and further stricter provisions. ### (94) the use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti-money laundering rules when making or receiving cash payments of eur 10 000 or more. at the same time , differences in approaches among member states have undermined the level playing field within the internal market to the detriment of businesses located in member states with stricter controls. it is therefore necessary to introduce a union-wide limit to large cash payments of eur 5000. member states should be able to adopt lower thresholds and further stricter provisions.


### (95) the commission should assess the costs , benefits and impacts of lowering the limit to large cash payments at union level with a view to levelling further the playing field for businesses and reducing opportunities for criminals to use cash for money laundering. this assessment should consider in particular the most appropriate level for a harmonised limit to cash payments at union level considering the current existing limits to cash payments in place in a large number of member states , the enforceability of such a limit at union level and the effects of such a limit on the legal tender status of the euro. ### deleted


### auditors , external accountants and tax advisors , and any other natural or legal person that undertakes to provide , directly or by means of other persons to which that other person is related , material aid , assistance or advice on tax matters as principal business or professional activity; ### auditors , external accountants and tax advisors , and any other natural or legal person that undertakes to provide , directly or by means of other persons to which that other person is related , material aid , assistance or advice on tax matters as principal business or professional activity; with the exception of mutual advice and assistance of national employees on tax matters organized in the form of a self-help association.


### persons trading in precious metals and stones; ### persons trading in luxury goods and precious metals and stones;


### creditors for mortgage and consumer credits , other than credit institutions defined in article 2(5) and financial institutions defined in article 2(6) , and credit intermediaries for mortgage and consumer credits; ### creditors for mortgage and consumer credits , other than credit institutions defined in article 2(5) and financial institutions defined in article 2(6) , and credit intermediaries for mortgage and consumer credits;


### article 4 ### deleted


### 1. with the exception of casinos , member states may decide to exempt , in full or in part , providers of gambling services from the requirements set out in this regulation on the basis of the proven low risk posed by the nature and , where appropriate , the scale of operations of such services. ### 1. with the exception of casinos , member states may decide to exempt , in full or in part , providers of gambling services from the requirements set out in this regulation on the basis of the proven low risk posed by the nature and , where appropriate , the scale of operations of such services , with the consent of the aml authority.


### in addition to the obligation to apply targeted financial sanctions , mitigate and manage the risks of non-implementation and evasion of proliferation financing-related targeted financial sanctions. ### in addition to the obligation to apply targeted financial sanctions , mitigate and manage the risks of non-implementation and evasion of targeted financial sanctions relating to terrorism and terrorism financing , proliferation financing and to other applicable union targeted financial sanctions.


### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on every level of ownership. ### for the purpose of this article , ‘control through an ownership interest’ shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on the first level of the ownership chain , respectively 50% plus one of the shares or voting rights or other ownership interest in the corporate entity , including through bearer shareholdings , on the subsequent levels the ownership chain.


### 4. the commission shall make recommendations to member states on the specific rules and criteria to identity the beneficial owner(s) of legal entities other than corporate entities by [1 year from the date of application of this regulation]. in the event that member states decide not to apply any of the recommendations , they shall notify the commission thereof and provide a justification for such a decision. ### 4. the commission shall decide via implementing acts on the specific rules and criteria to identity the beneficial owner(s) of legal entities other than corporate entities by [6 months from the date of application of this regulation].


### 2. where , after having exhausted all possible means of identification pursuant to articles 42 and 43 , no person is identified as beneficial owner , or where there is any doubt that the person(s) identified is the beneficial owner(s) , the corporate or other legal entities shall keep records of the actions taken in order to identify their beneficial owner(s). ### 2. where , after having exhausted all possible means of identification pursuant to articles 42 and 43 , no person is identified as beneficial owner , or where there is any doubt that the person(s) identified is the beneficial owner(s) , the corporate or other legal entities shall keep records of the actions taken in order to identify their beneficial owner(s) and file a suspicious transaction report in accordance with article 17.


### 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;


### 1. beneficial ownership information of legal entities incorporated outside the union or of express trusts or similar legal arrangements administered outside the union shall be held in the central register referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] set up by the member state where such entities or trustees of express trusts or persons holding equivalent positions in similar legal arrangements: ### 1. beneficial ownership information of legal entities incorporated outside the union or of express trusts or similar legal arrangements administered outside the union shall be collected in accordance with national systems and held in the central register referred to in article 10 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] set up by the member state where such entities or trustees of express trusts or persons holding equivalent positions in similar legal arrangements:


### member states shall lay down the rules on sanctions applicable to infringements of the provisions of this chapter and shall take all measures necessary to ensure that they are implemented. the sanctions provided for must be effective , proportionate and dissuasive. ### member states shall lay down the rules on sanctions applicable to infringements of the provisions of this chapter in accordance with article 40 of directive [please insert reference – proposal for 6th anti-money laundering directive - com/2021/423 final] and shall take all measures necessary to ensure that they are implemented. the sanctions provided for must be effective , proportionate and dissuasive.


### 1. obliged entities shall report to the fiu all suspicious transactions , including attempted transactions. ### 1. obliged entities shall report via the fiu.net one-stop-shop to the fiu all suspicious transactions , including attempted transactions.


### 1. obliged entities shall report to the fiu all suspicious transactions , including attempted transactions. ### 1. obliged entities shall report to the fiu all suspicious transactions , including multi-country and attempted transactions.


### reporting to the fiu , on their own initiative , where the obliged entity knows , suspects or has reasonable grounds to suspect that funds , regardless of the amount involved , are the proceeds of criminal activity or are related to terrorist financing , and by responding to requests by the fiu for additional information in such cases; ### reporting to the fiu via the fiu.net one-stop-shop , on their own initiative , where the obliged entity knows , suspects or has reasonable grounds to suspect that funds , regardless of the amount involved , are the proceeds of criminal activity or are related to terrorist financing , and by responding to requests by the fiu submitted via the fiu.net one-stop-shop for additional information in such cases;


### providing the fiu directly , at its request , with all necessary information. ### providing the fiu directly via the fiu.net one-stop-shop , at its request , with all necessary information.


### for the purposes of points (a) and (b) , obliged entities shall reply to a request for information by the fiu within 5 days. in justified and urgent cases , fius shall be able to shorten such a deadline to 24 hours. ### for the purposes of points (a) and (b) , obliged entities shall reply to a request for information by the fiu within 5 days via the fiu.net one-stop-shop. in justified and urgent cases , fius shall be able to shorten such a deadline to 24 hours.


### 3. by [two years after entry into force of this regulation] , 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 reporting of suspicious transactions pursuant to paragraph 1. ### 3. by [two years after entry into force of this regulation] , amla shall develop draft implementing technical standards and submit them to the commission for adoption. those draft implementing technical standards shall specify the format and means to be used for the reporting of suspicious transactions pursuant to paragraph 1.


### 5. amla shall issue and periodically update guidance on indicators of unusual or suspicious activity or behaviours. ### 5. amla shall issue and periodically update guidance on indicators of unusual or suspicious activity or behaviours with the assistance of other eu bodies involved in the aml/cft framework.


### 6. the person appointed in accordance with article 9(3) shall transmit the information referred to in paragraph 1 of this article to the fiu of the member state in whose territory the obliged entity transmitting the information is established. ### 6. the person appointed in accordance with article 9(3) shall transmit the information referred to in paragraph 1 of this article to the fiu of the member state in whose territory the obliged entity transmitting the information is established. by [6 years after entry into force of this regulation] , this information shall be transmitted using fiu.net.


### 5. for obliged entities referred to in article 3 , points (1) , (2) , (3)(a) and (b) , in cases relating to the same customer and the same transaction involving two or more obliged entities , and by way of derogation from paragraph 1 , disclosure may take place between the relevant obliged entities provided that they are located in the union , or with entities in a third country which imposes requirements equivalent to those laid down in this regulation , and that they are from the same category of obliged entities and are subject to professional secrecy and personal data protection requirements. ### 5. for obliged entities referred to in article 3 , points (1) , (2) , (3)(a) and (b) , by way of derogation from paragraph 1 , disclosure may take place between two or more relevant obliged entities provided that they are located in the union , or with entities in a third country which imposes requirements equivalent to those laid down in this regulation , and that they are from the same category of obliged entities and are subject to professional secrecy and personal data protection requirements , in the following cases:


### 5. for obliged entities referred to in article 3 , points (1) , (2) , (3)(a) and (b) , in cases relating to the same customer and the same transaction involving two or more obliged entities , and by way of derogation from paragraph 1 , disclosure may take place between the relevant obliged entities provided that they are located in the union , or with entities in a third country which imposes requirements equivalent to those laid down in this regulation , and that they are from the same category of obliged entities and are subject to professional secrecy and personal data protection requirements. ### 5. for obliged entities referred to in article 3 , points (1) , (2) , (3)(a) and (b) , in cases relating to the same transaction involving two or more obliged entities , and by way of derogation from paragraph 1 , disclosure may take place between the relevant obliged entities provided that they are located in the union , or with entities in a third country which imposes requirements equivalent to those laid down in this regulation , and that they are subject to professional secrecy and personal data protection requirements.


### 1. to the extent that it is strictly necessary for the purposes of preventing money laundering and terrorist financing , obliged entities may process special categories of personal data referred to in article 9(1) of regulation (eu) 2016/679 and personal data relating to criminal convictions and offences referred to in article 10 of that regulation subject to the safeguards provided for in paragraphs 2 and 3. ### 1. to the extent that it is strictly necessary for the purposes of preventing money laundering and terrorist financing , obliged entities and aml compliance entities may process personal data , including special categories of personal data referred to in article 9(1) of regulation (eu) 2016/679 and personal data relating to criminal convictions and offences referred to in article 10 of that regulation subject to the safeguards provided for in paragraphs 2 and 3. on the basis of this regulation , only to the extent that it is necessary and proportionate for the purposes of the prevention of money laundering and terrorist financing , obliged entities may share this data with other obliged entities.


### 1. to the extent that it is strictly necessary for the purposes of preventing money laundering and terrorist financing , obliged entities may process special categories of personal data referred to in article 9(1) of regulation (eu) 2016/679 and personal data relating to criminal convictions and offences referred to in article 10 of that regulation subject to the safeguards provided for in paragraphs 2 and 3. ### 1. to the extent that it is strictly necessary for the purposes of preventing money laundering and terrorist financing , obliged entities may process personal data , including special categories of personal data referred to in article 9(1) of regulation (eu)2016/679 and personal data relating to criminal convictions and offences referred to in article 10 of that regulation subject to the safeguards provided for in paragraphs 2 and 3. on the basis of this regulation only to the extent that it is necessary and proportionate for the purposes of the prevention of money laundering and terrorist financing obliged entities may share this data with other obliged entities.


### 1. credit institutions , financial institutions and crypto-asset service providers shall be prohibited from keeping anonymous accounts , anonymous passbooks , anonymous safe-deposit boxes or anonymous crypto-asset wallets as well as any account otherwise allowing for the anonymisation of the customer account holder. ### 1. credit institutions , financial institutions and crypto-asset service providers shall be prohibited from keeping anonymous accounts , anonymous passbooks , anonymous safe-deposit boxes or anonymous crypto-asset wallets as well as any account otherwise allowing for the anonymisation of the customer account holder. crypto-wallet service providers that do not have direct access to private user data or user funds and solely function as software providers are excluded.


### owners and beneficiaries of existing anonymous accounts , anonymous passbooks , anonymous safe-deposit boxes or crypto-asset wallets shall be subject to customer due diligence measures before those accounts , passbooks , deposit boxes or crypto-asset wallets are used in any way. ### deleted


### article 59 ### deleted


### (1) persons trading in goods or providing services may accept or make a payment in cash only up to an amount of eur 10 000 or equivalent amount in national or foreign currency , whether the transaction is carried out in a single operation or in several operations which appear to be linked. ### deleted


### 1. persons trading in goods or providing services may accept or make a payment in cash only up to an amount of eur 10 000 or equivalent amount in national or foreign currency , whether the transaction is carried out in a single operation or in several operations which appear to be linked. ### 1. persons trading in goods or providing services may accept or make a payment in cash only up to an amount of eur 5000 or equivalent amount in national or foreign currency , whether the transaction is carried out in a single operation or in several operations which appear to be linked.


### (2) member states may adopt lower limits following consultation of the european central bank in accordance with article 2(1) of council decision 98/415/ec57. those lower limits shall be notified to the commission within 3 months of the measure being introduced at national level. ### deleted


### payments or deposits made at the premises of credit institutions. in such cases , the credit institution shall report the payment or deposit above the limit to the fiu. ### payments or deposits made at the premises of credit institutions. in such cases , the credit institution shall report the payment or deposit above the limit to the fiu , in particular in case of suspicious activities and transactions.


### further lowering the limit for large cash payments. ### deleted


### 7. member states shall ensure that areas where the habitat types listed in annex ii occur do not deteriorate. ### deleted


### 8. outside natura 2000 sites , the non-fulfilment of the obligations set out in paragraphs 6 and 7 is justified if caused by: ### 8. outside natura 2000 sites , the non-fulfilment of the obligations set out in paragraphs 6 and 10 is justified if caused by:


### unavoidable habitat transformations which are directly caused by climate change; or ### unavoidable habitat transformations , which are caused by events such as climate change , third countries , non-preventable pest and diseases; or


### a project of overriding public interest for which no less damaging alternative solutions are available , to be determined on a case by case basis. ### a project of overriding public interest , including those of a social or economic nature , for which no less damaging alternative solutions are available.


### 9. for natura 2000 sites , the non-fulfilment of the obligation set out in paragraphs 6 and 7 , is justified if caused by: ### 9. for natura 2000 sites , the non-fulfilment of the obligation set out in paragraphs 6 and 10 , is justified if caused by:


### unavoidable habitat transformations which are directly caused by climate change: or ### unavoidable habitat transformations , which are caused by events such as climate change , third countries , non-preventable pest and diseases; or


### an increase of habitat area in good condition for habitat types listed in annex ii until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached; ### an increase of habitat area in good condition for habitat types listed in annex ii until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached , calculated as an average over the five preceding years;


### a positive trend towards the sufficient quality and quantity of the marine habitats of the species listed in annex iii and in annexes ii , iv and v to directive 92/43/eec and of the species covered by directive 2009/147/ec. ### a positive trend long-term towards the sufficient quality and quantity of the marine habitats of the species listed in annex iii and in annexes ii , iv and v to directive 92/43/eec and of the species covered by directive 2009/147/ec calculated as an average over the five preceding years.


### 1. member states shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in article 4 of this regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the union by 2030 , without prejudice to directive 2000/60/ec , in particular articles 4(3) , 4(5) and 4(7) thereof , and regulation 1315/2013 , in particular article 15 thereof. ### 1. member states shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in article 4 of this regulation , including the improvements in connectivity needed to restore migration corridors for species to be able to migrate between their different habitats and needed to restore river sediment connectivity with delta plains , and of the objective of restoring at least 15% of rivers length into free-flowing rivers in the union by 2030 , in complementarity with obligation under the directive 2000/60/ec.


### (iii) the favourable reference area taking into account the documented losses over at least the last 70 years and the projected changes to environmental conditions due to climate change; ### (iii) the favourable reference area based on the best available knowledge and the latest scientific evidence and taking into account the projected changes to environmental conditions due to climate change;


### 5. member states shall identify synergies with climate change mitigation , climate change adaptation and disaster prevention and prioritise restoration measures accordingly. member states shall also take into account: ### 5. member states shall identify synergies and potential conflicts with food production and ensuring food security , as well as synergies and potential conflicts with climate change mitigation , climate change adaptation and disaster prevention , and prioritise restoration measures accordingly. member states shall also take into account:


### 11. member states shall ensure that the preparation of the restoration plan is open , inclusive and effective and that the public is given early and effective opportunities to participate in its elaboration. consultations shall comply with the requirements set out in articles 4 to 10 of directive 2001/42/ec. ### 11. member states shall ensure that the preparation of the restoration plan is open , inclusive and effective and that the public is given early and effective opportunities to participate in its elaboration and especially the organisations representing public interests affected by the plan. member states shall also cooperate and coordinate with other member states , including affected stakeholders and members of the public of other member states , especially in relation to the content of the plan to be provided pursuant to article 12(3). consultations shall comply with the requirements set out in articles 4 to 10 of directive 2001/42/ec.


### 11. member states shall ensure that the preparation of the restoration plan is open , inclusive and effective and that the public is given early and effective opportunities to participate in its elaboration. consultations shall comply with the requirements set out in articles 4 to 10 of directive 2001/42/ec. ### 11. member states shall ensure that the preparation of the restoration plan is open , inclusive and effective and that the public is given early and effective opportunities to participate in its elaboration. the relevant advisory councils shall be included in this drafting process. consultations shall comply with the requirements set out in articles 4 to 10 of directive 2001/42/ec.


### 1. the national restoration plan shall cover the period up to 2050 , with intermediate deadlines corresponding to the targets and obligations set out in articles 4 to 10. ### 1. the national restoration plan shall cover the period up to 2050 , with intermediate deadlines corresponding to the targets and obligations set out in articles 4 to 10. the measures to be put in place until 2030 shall be given priority especially when fulfilling the obligations set out in paragraph 2 points (b) , (f) , (g) , (i) , (j) , (k)(iv) , (l) , (m) and paragraph 3.


### an indication of the measures to ensure that the areas covered by the habitat types listed in annexes i and ii do not deteriorate in the areas in which good condition has been reached and that the habitats of the species referred to in articles 4(3) and 5(3) do not deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached , in accordance with articles 4(6) and 5(6); ### an indication of the measures that aim to prevent that the areas covered by the habitat types listed in annexes i and ii deteriorate in the areas in which good condition has been reached and that an indication of the measures aim to prevent that the habitats of the species referred to in articles 4(3) and 5(3) do not deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached;


### an indication of the measures to ensure that the areas covered by habitat types listed in annexes i and ii do not deteriorate , in accordance with article 4(7) and article 5(7); ### an indication of the measures to that aim to prevent that the areas covered by habitat types listed in annexes i and ii deteriorate;


### the estimated co-benefits for climate change mitigation associated with the restoration measures over time , as well as wider socio-economic benefits of those measures; ### the estimated co-benefits for climate change mitigation and food production associated with the restoration measures over time , as well as wider socio-economic benefits of those measures;


### a summary of the process for preparing and establishing the national restoration plan , including information on public participation and of how the needs of local communities and stakeholders have been considered; ### a summary of the process for preparing and establishing the national restoration plan , including information on public participation and of how the needs of local communities and stakeholders have been considered , including how organisations representing the public interest affected by the plan have been consulted;


### 3. the national restoration plans shall , where applicable , include the conservation measures that a member state intends to adopt under the common fisheries policy , including conservation measures in joint recommendations that a member state intends to initiate in accordance with the procedure set out in regulation (eu) no 1380/2013 , and any relevant information on those measures. ### 3. the national restoration plans shall , where applicable , include the conservation measures that a member state intends to adopt under the common fisheries policy , including conservation measures in joint recommendations that a member state intends to initiate in accordance with the procedure set out in regulation (eu) no 1380/2013 , and any relevant information on those measures. the national restoration plans shall also include a description of to what extent those measures have been developed and coordinated with other member states concerned.


### 3. the national restoration plans shall , where applicable , include the conservation measures that a member state intends to adopt under the common fisheries policy , including conservation measures in joint recommendations that a member state intends to initiate in accordance with the procedure set out in regulation (eu) no 1380/2013 , and any relevant information on those measures. ### 3. the national restoration plans shall , where applicable , include the conservation measures that a member state intends to adopt under the common fisheries policy , including conservation measures in joint recommendations that a member state intends to initiate in accordance with the procedure set out in regulation (eu) no 1380/2013 , and any relevant information on those measures. the relevant advisory councils shall be included in this drafting process.


### 4. the commission shall adopt implementing acts to establish a uniform format for the national restoration plans. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21(2). the commission shall be assisted by the european environmental agency (eea) when drawing up the uniform format. ### 4. the commission shall adopt implementing acts to establish a uniform format for the national restoration plans. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21(2). the commission shall be assisted by the european environmental agency (eea) and the european fisheries control agency (efca) , where relevant , when drawing up the uniform format.


### 4. the commission shall adopt implementing acts to establish a uniform format for the national restoration plans. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21(2). the commission shall be assisted by the european environmental agency (eea) when drawing up the uniform format. ### 4. the commission shall adopt implementing acts to establish a uniform format for the national restoration plans within 12 months of the entry into force of the regulation. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21(2). the commission shall be assisted by national experts from all member states and the european environmental agency (eea) when drawing up the uniform format.


### 3. for the purpose of the assessment of the draft national restoration plans , the commission shall be assisted by experts or the eea. ### 3. for the purpose of the assessment of the draft national restoration plans , the commission shall be assisted by experts or the eea or the efca.


### 1. member states shall review their national restoration plan at least once every 10 years , in accordance with articles 11 and 12 , taking into account progress made in the implementation of the plans , the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change. ### 1. member states shall review their national restoration plan at least once every 7 years , in accordance with articles 11 and 12 , taking into account progress made in the implementation of the plans , the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions , especially those due to climate change. the member states shall in particular review the favourable reference areas needed to achieve the objectives of this regulation , taking into account the best available scientific knowledge and challenges in spatial planning.


### 1. member states shall review their national restoration plan at least once every 10 years , in accordance with articles 11 and 12 , taking into account progress made in the implementation of the plans , the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change. ### 1. member states shall review their national restoration plan at least once every 6 years , in accordance with articles 11 and 12 , taking into account progress made in the implementation of the plans , the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change.


### 2. member states shall determine what constitutes a sufficient interest and impairment of a right , consistently with the objective of providing the public with wide access to justice. for the purposes of paragraph 1 , any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient. ### 2. member states shall determine what constitutes a sufficient interest and impairment of a right , consistently with the objective of providing the public with wide access to justice. for the purposes of paragraph 1 , any non-governmental organisation affected by the national restoration plan , in particular those promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.


### member states shall electronically report the following data and information to the commission , assisted by the eea , at least every three years: ### member states shall electronically report the following data and information to the commission , assisted by the eea and efca where relevant , at least every three years:


### (26) provide structures or substrates to encourage the return of marine life , for example coral/oyster/boulder reefs. ### (26) provide structures , including marine infrastructures with a positive impact such as artificial reefs , or substrates to encourage the return of marine life , for example coral/oyster/boulder reefs.


### (1) it is necessary to lay down rules at union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the union territory. restoring ecosystems also contributes to the union climate change mitigation and climate change adaptation objectives. ### (1) it is necessary to lay down rules at union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the union territory. restoring ecosystems also contributes to the union climate change mitigation and climate change adaptation objectives as well as ensuring food production in the long-term.


### (1) it is necessary to lay down rules at union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the union territory. restoring ecosystems also contributes to the union climate change mitigation and climate change adaptation objectives. ### (1) it is necessary to lay down rules at union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the union territory , while ensuring food security and the economic viability of sectors concerned by this regulation. restoring ecosystems also contributes to the union climate change mitigation and climate change adaptation objectives.