+SECTION 3 Enhanced customer due diligence
---+Article 18
------+Article 18 1.
------+Article 18 2.
------+Article 18 3.
------+Article 18 4.
------+Article 18 5.
------+Article 18 6.
---+Article 18a
------+Article 18a 1.
------+Article 18a 2.
------+Article 18a 3.
------+Article 18a 4.
------+Article 18a 5.
---+Article 19
---+Article 19a
------+Article 19a 1.
------+Article 19a 2.
---+Article 19b
------+Article 19b 1.
------+Article 19b 2.
------+Article 19b 3.
---+Article 20
---+Article 20a
------+Article 20a 1.
------+Article 20a 2.
------+Article 20a 3.
------+Article 20a 4.
---+Article 21
---+Article 22
---+Article 23
---+Article 24
---+Article 24a

SECTION 3 Enhanced customer due diligence

SECTION 3 Enhanced customer due diligence

1. Prezentare generală

,
Article 18
Article 18a
Article 19

Article 19

▼M1

With respect to cross-border correspondent relationships involving the execution of payments with a third-country respondent institution, Member States shall, in addition to the customer due diligence measures laid down in Article 13, require their credit institutions and financial institutions when entering into a business relationship to:

▼B

(a) 

gather sufficient information about the respondent institution to understand fully the nature of the respondent's business and to determine from publicly available information the reputation of the institution and the quality of supervision;

(b) 

assess the respondent institution's AML/CFT controls;

(c) 

obtain approval from senior management before establishing new correspondent relationships;

(d) 

document the respective responsibilities of each institution;

(e) 

with respect to payable-through accounts, be satisfied that the respondent institution has verified the identity of, and performed ongoing due diligence on, the customers having direct access to accounts of the correspondent institution, and that it is able to provide relevant customer due diligence data to the correspondent institution, upon request.
Article 19a
Article 19b
Article 20

Article 20

With respect to transactions or business relationships with politically exposed persons, Member States shall, in addition to the customer due diligence measures laid down in Article 13, require obliged entities to:

(a) 

have in place appropriate risk management systems, including risk-based procedures, to determine whether the customer or the beneficial owner of the customer is a politically exposed person;

(b) 

apply the following measures in cases of business relationships with politically exposed persons:

(i) 

obtain senior management approval for establishing or continuing business relationships with such persons;

(ii) 

take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or transactions with such persons;

(iii) 

conduct enhanced, ongoing monitoring of those business relationships.
Article 20a
Article 21

Article 21

Member States shall require obliged entities to take reasonable measures to determine whether the beneficiaries of a life or other investment-related insurance policy and/or, where required, the beneficial owner of the beneficiary are politically exposed persons. Those measures shall be taken no later than at the time of the payout or at the time of the assignment, in whole or in part, of the policy. Where there are higher risks identified, in addition to applying the customer due diligence measures laid down in Article 13, Member States shall require obliged entities to:

(a) 

inform senior management before payout of policy proceeds;

(b) 

conduct enhanced scrutiny of the entire business relationship with the policyholder.
Article 22

Article 22

Where a politically exposed person is no longer entrusted with a prominent public function by a Member State or a third country, or with a prominent public function by an international organisation, obliged entities shall, for at least 12 months, be required to take into account the continuing risk posed by that person and to apply appropriate and risk-sensitive measures until such time as that person is deemed to pose no further risk specific to politically exposed persons.
Article 23

Article 23

The measures referred to in Articles 20 and 21 shall also apply to family members or persons known to be close associates of politically exposed persons.
Article 24

Article 24

Member States shall prohibit credit institutions and financial institutions from entering into, or continuing, a correspondent relationship with a shell bank. They shall require that those institutions take appropriate measures to ensure that they do not engage in or continue correspondent relationships with a credit institution or financial institution that is known to allow its accounts to be used by a shell bank.
Article 24a

Article 24a

By 1 January 2024, EBA shall issue guidelines specifying how the enhanced customer due diligence measures in this Section apply when obliged entities perform crypto-asset services as defined in Article 3(1), point (16), of Regulation (EU) 2023/1114, with the exception of point (h) of that point, as well as transfers of crypto-assets as defined in Article 3, point (10), of Regulation (EU) 2023/1113. In particular, EBA shall specify how and when those obliged entities shall obtain additional information on the originator and beneficiary.

1.1 Referințe

1.2 Cerințe identificate

1.3 Standarde asociate

2. Cerințe identificate

Cerințe

3. Standarde asociate

Standarde