+Article 6 Transfer of customer data to Member States
---+Article 6 (a)
---+Article 6 (b)
---+Article 6 (c)
---+Article 6 (d)
---+Article 6 (e)
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Article 6 Transfer of customer data to Member States
Where the third country's law prohibits or restricts the transfer of data related to customers of a branch and majority-owned subsidiary established in a third country to a Member State for the purpose of supervision for anti-money laundering and countering the financing of terrorism, credit institutions and financial institutions shall at least:
1. Overview
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Regulation |
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Article 6 (a)
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inform the competent authority of the home Member State without undue delay and in any case no later than 28 calendar days after identifying the third country of the following:
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(i)
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the name of the third country concerned;
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(ii)
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how the implementation of the third country's law prohibits or restricts the transfer of data related to customers for the purpose of supervision for anti-money laundering and countering the financing of terrorism;
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Article 6 (b)
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carry out enhanced reviews, including, where this is commensurate with the money laundering and terrorist financing risk associated with the operation of the branch or majority-owned subsidiary established in the third country, onsite checks or independent audits, to be satisfied that the branch or majority-owned subsidiary effectively implements group-wide policies and procedures and that it adequately identifies, assesses and manages the money laundering and terrorist financing risks;
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Article 6 (c)
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provide the findings of the reviews referred to in point (b) to the competent authority of the home Member State upon request;
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Article 6 (d)
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require the branch or majority-owned subsidiary established in the third country regularly to provide relevant information to the credit institution's or financial institution's senior management, including at least the following:
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(i)
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the number of high risk customers and aggregated statistical data providing an overview of the reasons why customers have been classified as high risk, such as politically exposed person status;
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(ii)
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the number of suspicious transactions identified and reported and aggregated statistical data providing an overview of the circumstances that gave rise to suspicion;
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Article 6 (e)
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make the information referred to in point (d) available to the competent authority of the home Member State upon request.
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1.1 References
1.2 Identified Requirements
1.3 Related Standards
2. Identified Requirements
Requirements
| Source |
Requirement |
3. Related Standards
Standards
| Source |
Requirement |
- Builddate: 14.05.2019 00:00:00 -Doknr: CELEX:32019R0758
- EULAW -
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DE: Rechtsakte der Europäischen Union aus EUR-Lex, https://eur-lex.europa.eu/. © Europäische Union. Weiterverwendung nach Beschluss 2011/833/EU mit Quellenangabe gestattet; die konsolidierten Fassungen stehen unter CC BY 4.0 (Rechtlicher Hinweis von EUR-Lex). In Abschnitte aufgeteilt und in das GRCA-Format umgewandelt, der Wortlaut unverändert. Verbindlich sind allein die im Amtsblatt der Europäischen Union veröffentlichten Rechtsakte.
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