Annex II – AML/CFT cooperation agreement template

AML/CFT cooperation and information-sharing agreement (the ‘agreement’)

established for [Record the name of the firm operating on a cross-border basis or the EU establishment] (the ‘firm’)

[Record the name of the competent authority] as the lead supervisor (the ‘lead supervisor’) has established this AML/CFT college in accordance with Articles 48(4), 48(5), 49, 50(a) and 57(a) of Directive (EU) 2015/849. The lead supervisor in its ML/TF risk assessment has classified the firm as [record the ML/TF risk rating] for ML/TF risk purposes.

The purpose of this AML college is to ensure the cooperation of, and information exchange between, the permanent members and observers identified in section II of this agreement.

This AML college will operate in line with this agreement, which will be reviewed and updated regularly according to the rules set out in the ESAs’ guidelines on the cooperation and information exchange for the purposes of Directive (EU) 2015/849 between competent authorities supervising credit and financial institutions (the ‘AML/CFT Colleges Guidelines’).

• a. Description and structure of the firm

[Please insert a structure chart and/or a short description of the firm. A detailed description of the firm should be enclosed in Appendix I to this agreement.]

• b. Identification of permanent members As a result of the mapping exercise carried out by the lead supervisor and in line with Guideline 5 of the AML Colleges Guidelines, the lead supervisor has identified the following permanent members who are required to participate in the AML college: [Insert a list of all permanent members]

Contact details of all permanent members are enclosed in Appendix II attached to this agreement.

• c. Identification of observers The lead supervisor has carried out a mapping exercise and, in line with Guideline 5 of the AML Colleges Guidelines, has identified observers for the AML college. After receiving a confirmation from the observers that they will abide by the Terms of the Participation of observers enclosed in the Appendix III to this agreement, the lead supervisor has invited the following observers to participate in the AML college: [Insert a list of all observers]

The lead supervisor considers that these observers have a particular interest in the matters related to the firm, which will be discussed at the AML/CFT college meetings, including: [Include a list of topics]

[Record the name of the supervisory authority] is a third-country supervisory authority that has been invited to participate in the AML college as an observer because [In relation to sections a) or b) below, please delete the section that is not relevant]

• a) the lead supervisor considers the confidentiality regime of the supervisory authority in the third country to be equivalent to that of the competent authorities; or
• b) the lead supervisor considers the confidentiality regime of the supervisory authority in the third country not to be equivalent to that of the competent authorities and therefore limits the observer’s participation to the following sessions where no confidential information is disclosed: [Include a list of sessions]

[Include the following condition only where the permanent members have agreed that observers should attend only particular sessions of the college meeting]

The lead supervisor and permanent members of the AML college will ensure that the most appropriate representatives participate in the college meetings and activities, based on the topics to be discussed and objectives to be pursued.

Those representatives will have the power to commit their authorities as permanent members, to the maximum extent possible for the decisions planned to be taken during the AML college meetings or activities. The lead supervisor, in consultation with permanent members, will invite other participants to attend a particular session of the AML college meeting in accordance with Guideline 5 of the AML Colleges Guidelines, where necessary.

Permanent members will follow the process for requesting and providing mutual assistance set out in the AML Colleges Guidelines.

Permanent members will provide the fullest mutual assistance to other permanent members and observers, where feasible, in any matters relevant to the AML/CFT supervision of the firm and at least in matters described in the AML Colleges Guidelines.

In accordance with Article 48(2) of Directive (EU) 2015/849, all permanent members will treat the information received under this agreement and in the context of the AML college as confidential and in compliance with applicable data protection rules.

Permanent members will use the confidential information received in the context of the AML college only in the course of their duties and only for the purposes specified in the AML Colleges Guidelines.

The permanent members will disclose the information obtained as part of the AML college to parties other than permanent members and observers, where appropriate, only in a manner described in the AML Colleges Guidelines.

Permanent members will refer to the AML Colleges Guidelines when agreeing on a common approach or coordinated actions.

The lead supervisor will take all necessary steps to ensure the application of a common approach when agreed between two or more permanent members, where it does not prejudice the powers and obligations conferred to these members by virtue of their respective national laws.

Any conflicts between permanent members and observers, where relevant, will be resolved in accordance with the AML Colleges Guidelines.

Permanent members will honour the arrangements laid down in this agreement.

In case of discontinuation of membership by a permanent member or an observer, the lead supervisor, in consultation with permanent members, will revise this agreement accordingly.

The language of communication within the AML college is [name the language]. This document should not be published.

Date: Date: On behalf of the [lead supervisor] On behalf of [Competent authority] Name: Name:…………………………………… Position: Position:………………………………… Signature:……………………………………………… Signature:.………………………………………………

Appendix I – The firm’s structure [include here a detailed description of the firm’s structure or the organisational chart]