61. Competent authorities, who are the lead supervisor in accordance with the ESAs Joint Guidelines …

Competent authorities, who are the lead supervisor in accordance with the ESAs Joint Guidelines on cooperation and information exchange for the purpose of Directive (EU) 2015/849¹⁵ , should develop a holistic view of ML/TF risks to which subjects of assessment which are part of a group are exposed. This means that these competent authorities should develop a risk profile of the subject of assessment under their supervision, taking into account all relevant domestic and foreign risk factors. They should pay particular attention to the risks associated with a subject of assessment ’s cross-border operations and the business activities of parts of their group in other jurisdictions, which may have a bearing on the overall risk profile of the subject of assessment. In particular, the risk assessment should reflect at least the risks arising from the subject of assessment ’s exposure to countries:

• a) that have been identified by the European Commission’s as having strategic deficiencies in their AML/CFT regime, in line with Article 9(2) of Directive (EU) 2015/849;
• b) where the law prohibits the implementation of group-wide policies and procedures and in particular if there are situations in which the Commission Delegated Regulation (EU) 2019/758 should be applied;
• c) which, in accordance with credible and reliable sources¹⁶ , are exposed to high levels of corruption or other predicate offences to ML;
• d) countries or territories where terrorist organisations are known to be operating or that have been subject to economic financial sanctions, embargoes or measures that are related to terrorism, financing of terrorism or proliferation issued by, for example, the United Nations or the European Union; and
• e) where, according to information from more than one credible and reliable source, serious concerns have been raised about the effectiveness and quality of the jurisdiction’s AML/CFT controls, including information about the quality and effectiveness of regulatory enforcement and oversight. In this case, credible and reliable sources may include mutual evaluation reports by the Financial Action Task Force (FATF) or FATF- style Regional Bodies (FSRBs), the FATF’s list of high -risk and non-cooperative jurisdictions, International Monetary Fund (IMF) assessments and Financial Sector Assessment Programme (FSAP) reports.

¹⁵ (JC 2019 81).

¹⁶ According to EBA Guidelines under Article 17 and 18(4) of Directive (EU) 2015/849, the credibility of allegations can be determined on the basis of the quality and independence of the source of the data and the persistence of reporting of these allegations, among other considerations.

1. Übersicht

1.1 Referenzen

1.2 Identifizierte Anforderungen

1.3 Zugehörige Standards

2. Identifizierte Anforderungen

3. Zugehörige Standards

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