96. Competent authorities should consider the most effective supervisory tool to ensure that …

Competent authorities should consider the most effective supervisory tool to ensure that group-wide policies and procedures are implemented effectively by subjects of assessment, which are part of the group by applying similar considerations to those applicable to individual subjects of assessment as explained above. If a group is operating on a cross-border basis, the lead supervisor¹⁷ should cooperate with other competent authorities involved in the supervision of subjects of assessment within the group through AML/CFT colleges, where they exist, or through other channels and cooperation mechanisms, including those set out in the EBA’s Cooperation Guidelines.¹⁸ This cooperation may consist of, but is not limited to:

• a) the extent of mutual assistance described in Guideline 9 of the AML/CFT Colleges Guidelines;
• b) agreeing to apply a particular supervisory tool or supervisory action with other competent authorities, which are responsible for the supervision of other subjects of assessment within the group. This may involve carrying out an inspection or a review jointly with other competent authorities or by jointly adjusting the focus of a supervisory tool to mitigate risks that are cross-cutting across the group more effectively;
• c) exchanging information relating to the ML/TF risk assessment of the subject of assessment or the sector, if relevant;
• d) exchanging information related to planned supervisory inspections or reviews and on relevant findings thereafter;
• e) exchanging information related to weaknesses or breaches identified by other competent authorities.

¹⁷ The lead supervisor is determined in accordance with the ESAs joint guidelines (JC 2019 81) on cooperation and information exchange for the purpose of Directive (EU) 2015/849 between competent authorities supervising credit and financial institutions (‘the AML/CFT Colleges Guidelines’). In general, the lead supe rvisor is a competent authority that is responsible for the AML/CFT supervision in a Member State where the head office of the group is located.

¹⁸ EBA Guidelines on Cooperation and information exchange between prudential supervisors, AML/CFT supervisors and financial intelligence units under Article 117(6) of Directive 2013/36/EU, December 2021

1. Oversigt

1.1 Referencer

1.2 Identificerede krav

1.3 Relaterede standarder

2. Identificerede krav

3. Relaterede standarder

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