Guideline 7: AML/CFT college meetings

Scheduled meetings

7.1 The lead supervisor, in consultation with permanent members, should determine the form and frequency of AML/CFT college meetings, taking into account at least the following factors:

• (a) the lead supervisor’s assessment of the ML/TF risk associated with the firm and its cross-border establishments or EU establishments for which the AML/CFT college is established, which the lead supervisor has determined in line with the ESAs’ Risk-Based Supervision Guidelines and the Risk Factors Guidelines;
• (b) the views of permanent members;
• (c) the urgency and timeliness of the matter;
• (d) the availability of permanent members;
• (e) the impact on the effectiveness and functioning of the AML/CFT college; and
• (f) any significant changes to the level of ML/TF risk associated with the firms or their cross-border or EU establishments for which the AML/CFT college is established.

7.2 The first meeting of any newly established AML/CFT college should be a physical meeting, unless the permanent members and the lead supervisor agree that a different form for the meeting is appropriate, taking into account the factors set out in Guideline 7.1 points (a) to

• (e) above.

7.3 Where the lead supervisor determines, having regard to the views expressed by the permanent members, that the firm operating on a cross-border basis or EU establishments present a high risk of ML/TF, the lead supervisor should convene at least one physical AML/CFT college meeting per year, unless permanent members agree on a different frequency or form of the meeting, taking into account the factors set out in Guideline 7.1.

7.4 To the extent that this is relevant and possible, the lead supervisor, in consultation with permanent members, should organise a physical meeting of the AML/CFT college immediately before, after or at the same time as the meeting of the college of prudential supervisors to facilitate the exchange of information between the competent authorities and prudential supervisors.

7.5 In all cases not addressed in Guideline 7.3, the lead supervisor should, in consultation with permanent members, agree on the frequency or form of the meeting, taking into account the factors set out in Guideline 7.1.

7.6 The lead supervisor should ensure that scheduled AML/CFT college meetings include at least:

• (a) exchange of information on the firm operating on a cross-border basis and its cross-border establishments or the EU establishments including:
• (i) permanent members’ assessment of the ML/TF risk profile of the firm operating on a cross-border basis or the EU establishments;
• (ii) early warnings of emerging ML/TF risks;
• (iii) crystallised ML/TF risks and wider supervisory findings (or provisional findings where serious breaches have been identified) relating to the AML/CFT policies and procedures, including the application of group-wide policies and procedures, by the firm operating on a cross-border basis or EU establishments, including a number and analysis of suspicious transactions reports filed, where such information is available;
• (iv) planned or recently completed AML/CFT supervisory actions including on-site and off-site inspections;
• (v) sanctions or other corrective actions or measures that have been considered or imposed for breaches of AML/CFT obligations;
• (vi) other supervisory or enforcement measures, including measures applied by prudential supervisors, where relevant, such as capital add-on based on ML/TF risk, or measures and decisions taken on the grounds of ML/TF risk with regard to the authorisation, qualifying holdings, governance, internal controls, and fitness and propriety;
• (b) a consideration of the need for a common approach and coordinated actions in accordance with Guidelines 12 and 13.

Ad hoc meetings

7.7 The lead supervisor, either on its own initiative or upon request from one or more permanent members, should organise an ad hoc meeting of the AML/CFT college where an ML/TF risk has crystallised or a serious ML/TF risk has emerged, such as:

• (a) an alleged involvement of either the firm operating on a cross-border basis, or the cross-border establishment or the EU establishment in an international ML/TF scheme; or
• (b) a high level of non-compliance of either the firm operating on a cross-border basis, or the cross-border establishment or the EU establishment with AML/CFT standards that could have an impact in other jurisdictions.

7.8 The lead supervisor should organise a meeting as described in Guideline 7.7 without delay and determine, in consultation with permanent members, the most appropriate form for the meeting.

7.9 Where the lead supervisor fails to organise an ad hoc meeting of the AML/CFT college as described in Guideline 7.8, one or more permanent members should organise the meeting and ensure that other permanent members are made aware of the meeting and the issues that will be discussed. 7.10 Where an ML/TF risk has crystallised and urgent action is required, one or more permanent members may organise an ad hoc meeting without delay and ensure that other permanent members are made aware of the meeting.

7.11 Guideline 7.6 of these guidelines does not apply in respect of ad hoc meetings.

1. Übersicht

1.1 Referenzen

1.2 Identifizierte Anforderungen

1.3 Zugehörige Standards

2. Identifizierte Anforderungen

3. Zugehörige Standards

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