+4. Guidelines
---+4.1 The role and responsibilities of the management body in the AML/CFT framework and of the senior manager responsible for AML/CFT
------+11. The management body should be responsible for approving the credit or financial institution’s …
------+12. The management body in its supervisory function should be responsible for overseeing and …
------+13. In addition to the provisions set out in the ESAs ’ guidelines on internal governance , as …
------+14. The management body in its supervisory function should ensure that the member of the management …
------+15. The management body in its supervisory function should have access to and take into account …
------+16. In relation to internal policies, controls and procedures referred to in Articles 8(3) and 8(4) …
------+17. The member of the management body to be identified in accordance with Article 46(4) of …
------+18. The member of the management body referred to in Article 46(4) of Directive (EU) 2015/849 …
------+19. Where no management body is in place, the credit or financial institution should appoint a …
------+20. The senior manager referred to in paragraph 19 should have sufficient knowledge, skills and …
------+21. Without prejudice to the overall and collective responsibility of the management body, when …
------+22. The member of the management body, or the senior manager where designated, responsible for …
------+23. The member of the management body, or the senior manager where designated, responsible for …
---+4.2 The role and responsibilities of the AML/CFT compliance officer
------+24. When deciding whether to appoint the AML/CFT compliance officer in accordance with Article 8(4) …
------+25. The AML/CFT compliance officer should be appointed at management level. He/she should have …
------+26. Where the AML/CFT compliance officer is appointed in accordance with Article 8(4) of Directive …
------+27. Where the functions of the AML/CFT compliance officer are to be entrusted to an officer or …
------+28. The AML/CFT compliance officer should make themselves available to the competent authority and …
------+29. Where commensurate with the ML/TF risk to which the credit or financial institution is exposed …
------+30. The AML/CFT compliance officer should be able to assign and delegate his/her tasks as set out …
------+31. The AML/CFT compliance officer should be part of the second line of defence and, as such, part …
------+32. A credit or financial institution should appoint a separate AML/CFT compliance officer unless …
------+33. When the management body decides not to appoint a separate AML/CFT compliance officer, the …
------+34. Where a separate AML/CFT compliance officer is not appointed, the credit or financial …
------+35. When the AML/CFT compliance officer acts for two or more entities within the group or is …
------+36. In relation to employee screening referred to in Article 8(4) (a) of Directive (EU) 2015/849 …
------+37. The credit or financial institutions should ensure that the AML/CFT compliance function …
------+38. The role and responsibilities of the AML/CFT compliance officer should be clearly defined and …
------+39. In relation to the identification and assessment of risk referred to Article 8(1) of Directive …
------+40. The AML/CFT compliance officer should report the results of the business-wide and individual …
------+41. The AML/CFT compliance officer should ensure that adequate policies and procedures are put in …
------+42. The policies, controls and procedures referred to in Article 8(4) of Directive (EU) 2015/849 …
------+43. The AML/CFT compliance officer should be consulted before a final decision is taken by senior …
------+44. As a second line of defence, the AML/CFT compliance officer should be responsible for …
------+45. The AML/CFT compliance officer should ensure that the AML/CFT framework is updated where …
------+46. The AML/CFT compliance officer should recommend to the management body corrective measures to …
------+47. The AML/CFT compliance officer should advise the management body on measures to be taken to …
------+48. The AML/CFT compliance officer should bring to the attention of the member of the management …
------+49. The credit or financial institution needs to stand ready to share a copy of the activity report …
------+50. The AML/CFT compliance officer should produce an activity report on at least an annual basis. …
------+51. In relation to the AML/CFT compliance officer’s obligation under Article 33(2) of Directive …
------+52. When the AML/CFT compliance officer transmits information to the FIU in accordance with Article …
------+53. The AML/CFT compliance officer should ensure that the credit or financial institution ’s …
------+54. Credit or financial institutions should draw the attention of their managers and employees to …
------+55. In accordance with the obligation under Article 46(1) of Directive (EU) 2015/849 and as …
------+56. The AML/CFT compliance officer should oversee the preparation and implementation of an ongoing …
------+57. The AML/CFT compliance officer should ensure that the internal reporting procedures adopted by …
------+58. In addition to general education, for the purposes of Article 46(1) of Directive (EU) 2015/849 …
------+59. The content of the specific training programmes delivered to persons with different levels of …
------+60. The AML/CFT compliance officer should determine indicators of assessment to check the …
------+61. Where the credit or financial institution adopts a training and awareness-raising programme …
------+62. Where certain training activities are outsourced to a service provider, the AML/CFT compliance …
------+63. Both the compliance function and the independent AML/CFT compliance function should be located …
------+64. Where the AML/CFT compliance function is different from the general compliance function, in …
------+65. The independent audit function referred to in Article 8(4)(b) of Directive (EU) 2015/849 should …
------+66. The risk management function, to the extent that the credit or financial institution has a risk …
------+67. A good cooperation to exchange information should take place between the head of risk …
------+68. In addition to the ESAs guidelines on outsourcing , as applicable, and where the outsourcing of …
------+69. Credit and financial institutions should follow the outsourcing process, as set out in the …
------+70. The credit or financial institution which outsources tasks of the AML/CFT compliance function …
------+71. Where the credit or financial institution does not have any officers or employees of its own …
------+72. In situations whereby the credit or financial institution is making use of intra-group …
------+73. The outsourcing of tasks related to AML/CFT to service providers established in third countries …
---+4.3 Organisation of the AML/CFT compliance function at group level
------+74. The credit or financial institution should adapt its internal control framework to the …
------+75. The credit or financial institution should ensure that the parent undertaking, where it is a …
------+76. Where the credit or financial institution is the parent of a group, it should ensure that each …
------+77. Where the parent is a credit or financial institution and thus an obliged entity under …
------+78. When implementing group-wide policies and procedures as referred to in Article 45 of Directive …
------+79. The parent credit or financial institution should: a) designate a member of its management body …
------+80. The group AML/CFT compliance officer should cooperate fully with the AML/CFT compliance officer …
------+81. The group AML/CFT compliance officer should have at least the following tasks: a) coordinate …
------+82. The group AML/CFT compliance officer should produce an activity report on at least an annual …
------+83. The AML/CFT compliance officer of a subsidiary or branch should have a direct reporting line …
------+84. The group should ensure that the policies and procedures entities put in place are aligned with …
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4. Guidelines
4. Guidelines
1. Overview
1.1 References
1.2 Identified Requirements
1.3 Related Standards
2. Identified Requirements
Requirements
| Source |
Requirement |
3. Related Standards
Standards
| Source |
Requirement |
- EBA - Published by the European Banking Authority at https://www.eba.europa.eu/
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