Guideline 3: Establishing and maintaining an AML/CFT college

3.1 Where the conditions set out in Guideline 2 are met, the lead supervisor, in cooperation with the competent authorities of the cross-border and EU establishments, should establish and maintain an AML/CFT college.

3.2 The lead supervisor should prioritise the establishment of AML/CFT colleges for those firms operating on a cross-border basis and EU establishments that are classified as high risk for ML/TF purposes, following the risk assessment carried out in line with the Risk-Based Supervision Guidelines, and take into consideration relevant information published by the European Commission, including the European Commission’s Supranational Risk Assessment published in line with Article 6 of Directive (EU) 2015/849.

3.3 Where a college has not been established by the lead supervisor despite the relevant conditions set out in these guidelines having been met, competent authorities of cross-border and EU establishments of the cross-border firm for which the college has not been established should write to the lead supervisor stating why a college should be established. As part of this communication, competent authorities should set out:

• (a) why they consider the conditions for setting up a college to have been met;
• (b) the ML/TF risk associated with the relevant cross-border or EU establishment, including in particular any indications of breaches or potential breaches of the Anti-Money Laundering Directive (AMLD) framework at the individual level or at group level; and
• (c) the impact that the non-establishment of a college would have on their supervisory functions and in particular their ability to effectively monitor the cross-border or EU establishment’s compliance with its AML/CFT obligations. The lead supervisor should provide a reasoned response to the competent authorities within a month of receiving the written request. If the lead supervisor does not set up a college and the competent authorities disagree with the reasons provided, they should contact the EBA with a request for non-binding mediation with regard to whether the college should be established.

3.4 Where the EBA is of the view that a college should be established and the lead supervisor does not establish the college:

• (a) where requested by competent authorities of cross-border and EU establishments, the lead supervisor should send without undue delay all information necessary to enable them to effectively supervise the cross-border and EU establishments within their remit;
• (b) consideration may be given to whether Article 9b of Regulation 1093/2010 should apply; and
• (c) the non-establishment of the college should be deemed as the lead supervisor being non-compliant with these guidelines.

3.5 Where a competent authority has not received the information requested from the lead supervisor in accordance with point (a) of paragraph 3.4, it should send to the EBA a request for binding mediation.

1. Översikt

1.1 Referenser

1.2 Identifierade krav

1.3 Relaterade standarder

2. Identifierade krav

3. Relaterade standarder

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