+Guidelines on cooperation and information exchange between prudential supervisors, AML/CFT supervisors and financial intelligence units (EBA/GL/2021/15)
---+1. Compliance and reporting obligations
------+Status of these guidelines
---------+1. This document contains guidelines issued pursuant to Article 16 of Regulation (EU) No 1093/2010 …
---------+2. Guidelines set the EBA view of appropriate supervisory practices within the European System of …
------+Reporting requirements
---------+3. According to Article 16(3) of Regulation (EU) No 1093/2010, competent authorities must notify …
---------+4. Notifications will be published on the EBA website, in line with Article 16(3).
---+2. Subject matter, scope and definitions
------+Subject matter
---------+5. These guidelines specify the manner of cooperation and information exchange, particularly in …
------+Scope of application
---------+6. Competent authorities as defined in point (36) of Article 3(1) of Directive 2013/36/EU and in …
---------+7. Authorities entrusted with the public duty of supervising the obliged entities listed in points …
------+Addressees
---------+8. These guidelines are addressed to competent authorities as defined in point (2)(i) and (2)(viii) …
------+Definitions
---------+9. Unless otherwise specified, terms used and defined in Directive 2013/36/EU, Regulation (EU) No …
---+3. Implementation
------+Date of application
---------+10. These guidelines apply from 1 June 2022.
---+4. General provisions
------+11. The cooperation and information exchange under Article 117(5) of Directive 2013/36/EU should be …
------+12. Prudential supervisors and AML/CFT supervisors should exchange with each other as well as with …
------+13. Prudential supervisors and AML/CFT supervisors should cooperate with each other within their …
---+5. Mechanisms for cooperation, information exchange and confidentiality treatment
------+5.1 Practical modalities for cooperation and information exchange
---------+14. Effective and efficient means for cooperation and information exchange should be in place to …
---------+15. The information should be provided in writing, regardless of its format, be it paper …
---------+16. Where deemed necessary, as in case of urgency or emergency, the information should be …
---------+17. Where the prudential and the AML/CFT supervisor is the same authority or where the AML/CFT …
---------+18. Prudential supervisors should consider information to be relevant for the exercise of AML/CFT …
---------+19. AML/CFT supervisors should consider information to be relevant for the exercise of prudential …
---------+20. Prudential supervisors and AML/CFT supervisors should consider information to be relevant for …
---------+21. Prudential supervisors should provide the relevant information to: a) the AML/CFT supervisors …
---------+22. Prudential supervisors should inform each of the receiving AML/CFT supervisors about the other …
---------+23. AML/CFT supervisors should provide the relevant information to: a) the prudential supervisors …
---------+24. AML/CFT supervisors should inform each of the receiving prudential supervisors about the other …
---------+25. Prudential and AML/CFT supervisors should make a request for information or cooperation in …
---------+26. Where the requested authority is unable to provide the requested information or cooperation by …
---------+27. Where a request for cooperation or information cannot be fulfilled in part or in whole, the …
---------+28. Prudential supervisors and AML/CFT supervisors should, where possible, request the necessary …
---------+29. Information deemed relevant for another authority should be transmitted on own initiative and …
---------+30. Prudential supervisors and AML/CFT supervisors should agree to set up a regular exchange of …
---------+31. Prudential supervisors and AML/CFT supervisors should notify each other of designated contact …
---------+32. Where there are existing arrangements for cooperation and information exchange in place, the …
---------+33. Where the cooperation and information exchange is already taking place in prudential colleges …
---------+34. Prudential supervisors should share with the financial intelligence unit information gathered …
---------+35. Where appropriate, prudential supervisors should seek from the financial intelligence unit …
---------+36. AML/CFT supervisors should share with the financial intelligence unit information gathered or …
---------+37. Where appropriate, AML/CFT supervisors should seek from the financial intelligence unit …
------+5.2 Confidentiality restrictions and permissible uses of information
---------+38. Prudential supervisors and AML/CFT supervisors should ensure confidential information is …
---------+39. Any information received following the cooperation and information exchange set out in Article …
---------+40. The cooperation and information exchange set out in these guidelines should be performed in …
---+6. Cooperation and information exchange in the context of the processes for authorisation, proposed acquisitions of qualifying holdings, suitability assessments, and withdrawal of authorisation
------+6.1 Applications for authorisation of institutions
---------+41. When assessing an application for authorisation under Articles 10 to 14 of Directive 2013/36/EU …
---------+42. The prudential supervisor should share with the AML/CFT supervisor all information provided …
---------+43. In addition, in situations where the risk of ML/TF associated with the shareholders, members of …
---------+44. In addition, where the risk of ML/TF associated with the funds used to fulfil the capital …
---------+45. Where a prudential supervisor decides not to grant the authorisation to an institution on …
---------+46. AML/CFT supervisors should, upon request from prudential supervisors, share all relevant …
---------+47. Information requested in the context of an application for authorisation of an institution …
------+6.2 Assessment of proposed acquisitions or increases of qualifying holdings
---------+48. When assessing the proposed acquisition or increase of qualifying holdings under Articles 22 …
---------+49. In addition, in situations where the risk of ML/TF associated with the institution or applicant …
---------+50. When requesting information, the prudential supervisor making the request should provide all …
---------+51. Where a prudential supervisor decides to oppose the proposed acquisition based on the outcome …
---------+52. AML/CFT supervisors should, upon request from prudential supervisors, cooperate and provide …
---------+53. AML/CFT supervisors should on their own initiative share with prudential supervisors …
---------+54. Information requested in the context of proposed acquisitions or increases of qualifying …
------+6.3 Suitability assessment of members of the management body and key function holders
---------+55. When assessing or re-assessing the suitability of members of the management body and key …
---------+56. Where a prudential supervisor decides that a member of the management body or key function …
---------+57. AML/CFT supervisors should, upon request from the prudential supervisor, share all relevant …
---------+58. AML/CFT supervisors should on their own initiative share with prudential supervisors …
---------+59. Information requested in the context of suitability assessments should be provided without …
------+6.4 Withdrawal of authorisation of institutions
---------+60. In case the prudential supervisor decides to initiate the procedure to withdraw the …
---------+61. Where AML/CFT supervisors identify serious breaches of the applicable AML/CFT laws in relation …
---------+62. When informing the prudential supervisor of a serious breach, the AML/CFT supervisor should …
---------+63. The AML/CFT supervisor should, at least, include detailed information explaining why the breach …
---------+64. Following the notification of a serious breach as set out in paragraph 61 above, the AML/CFT …
---------+65. In case the prudential supervisor decides to withdraw the authorisation granted to an …
---+7. Cooperation and information exchange in ongoing supervision
------+7.1 Assessment of notifications to exercise the freedom of establishment and the exercise of freedom to provide services
---------+66. The host prudential supervisor receiving the notification on the exercise of the right of …
---------+67. The prudential supervisor should, when requested by the AML/CFT supervisor, share information …
---------+68. On receipt of the information on the exercise of the right of establishment or of the freedom …
---------+69. In circumstances where the institution is exposed to significant or increased ML/TF risk …
------+7.2 Assessment of mergers
---------+70. When a prudential supervisor is assessing merger applications for institutions, it should …
---------+71. In the case of a merger by acquisition, the prudential supervisor that is responsible for …
---------+72. In the case of a merger by formation of a new institution, the prudential supervisor …
---------+73. Where the AML/CFT supervisors receive a notification of a merger from the prudential …
------+7.3 Assessment of outsourcing arrangements
---------+74. The prudential supervisor responsible for monitoring the outsourcing arrangements of …
---------+75. Where the AML/CFT supervisors receive information about an outsourcing arrangement from the …
------+7.4 On and off-site supervision and risk assessments
---------+76. In the context of on and off-site supervision, the information that prudential supervisors and …
---------+77. Prudential supervisors should request from AML/CFT supervisors information that is relevant for …
---------+78. Prudential supervisors should provide information that is relevant for the ML/TF risk …
---------+79. Prudential supervisors should share with the financial intelligence unit information that is …
---------+80. In addition, in situations where the institution is exposed to increased ML/TF risks …
---------+81. AML/CFT supervisors should request from prudential supervisors information that is relevant …
---------+82. AML/CFT supervisors should provide information that is relevant for the prudential risk …
---------+83. AML/CFT supervisors should, where appropriate, seek from the financial intelligence unit …
---------+84. AML/CFT supervisors should share information with the financial intelligence unit that is …
---------+85. Where the prudential risk assessment gives the prudential supervisor reasonable grounds to …
---------+86. Where the AML/CFT supervisor assesses that an institution is potentially exposed to an …
---------+87. For the performance of the common assessment as required under Article 97(6) of Directive …
---------+88. The common assessment should be set out in writing and contain the established facts and …
------+7.5 Coordinated supervisory activities
---------+89. Prudential supervisors and AML/CFT supervisors should consider identifying areas of mutual …
---------+90. Where areas of mutual interest are identified, prudential supervisors and AML/CFT supervisors …
---------+91. Where a coordinated supervisory activity is being set up, prudential supervisors and AML/CFT …
---+8. Cooperation and information exchange regarding supervisory measures and sanctions
------+92. Prudential supervisors and AML/CFT supervisors should exchange information regarding pending or …
------+93. Communications regarding supervisory measures or sanctions between prudential supervisors and …
 English - European Union - Financial Industry -

Guidelines on cooperation and information exchange between prudential supervisors, AML/CFT supervisors and financial intelligence units (EBA/GL/2021/15)

Guidelines on cooperation and information exchange between prudential supervisors, AML/CFT supervisors and financial intelligence units (EBA/GL/2021/15)

https://www.eba.europa.eu/activities/single-rulebook/regulatory-activities/anti-money-laundering-and-countering-financing-terrorism/guidelines-cooperation-and-information-exchange-between-prudential-supervisors-amlcft-supervisors – PDF

1. Overview

,
1. Compliance and reporting obligations

1. Compliance and reporting obligations
2. Subject matter, scope and definitions

2. Subject matter, scope and definitions
3. Implementation

3. Implementation
4. General provisions

4. General provisions
5. Mechanisms for cooperation, information exchange and confidentiality treatment

5. Mechanisms for cooperation, information exchange and confidentiality treatment
6. Cooperation and information exchange in the context of the processes for authorisation, proposed acquisitions of qualifying holdings, suitability assessments, and withdrawal of authorisation

6. Cooperation and information exchange in the context of the processes for authorisation, proposed acquisitions of qualifying holdings, suitability assessments, and withdrawal of authorisation
7. Cooperation and information exchange in ongoing supervision

7. Cooperation and information exchange in ongoing supervision
8. Cooperation and information exchange regarding supervisory measures and sanctions

Prudential supervisors and AML/CFT supervisors

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements

3. Related Standards

Standards
  • EBA - Published by the European Banking Authority at https://www.eba.europa.eu/