40. Issuer of ARTs should take into account in their decision-making the results of a risk …

Issuer of ARTs should take into account in their decision-making the results of a risk assessment performed to identify whether such structures could be used for a purpose connected with ML/TF or other financial crime to ensure that the issuer or the sector is not exposed to serious risk of ML/TF. To this end, issuers of ARTs should take into account as a minimum:

• a. the extent to which the jurisdiction, in which the structure will be set up complies effectively with EU and international standards on tax transparency, anti-money laundering and countering the financing of terrorism;
• b. the extent to which the structure serves an obvious economic and lawful purpose;
• c. the extent to which the structure could be used to hide the identity of the ultimate beneficial owner;
• d. the extent to which the reason that leads to the possible setting-up of a structure gives rise to concern;
• e. whether the structure might impede appropriate oversight by the ART issuer ’s management body or the issuer ’s ability to manage the related risk; and
• f. whether the structure poses obstacles to effective supervision by competent au-thorities.

1. Overview

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

3. Related Standards

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