# Directive (EU) 2024/1640 (AMLD6) — mechanisms to be put in place by Member States for the prevention of money laundering and terrorist financing URL: https://consilena.com/coverage/laws/ksrc_bye5jxd09cq08gfs - Jurisdiction: European Union - Type: Directive - Identifier: 32024L1640 - Current as of: 19 June 2024 - Provisions: 80 - Official text: https://eur-lex.europa.eu/eli/dir/2024/1640/oj > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions - **Bank account registers and electronic data retrieval systems**: 1. Member States shall put in place centralised automated mechanisms, such as central registers or… - **Pecuniary sanctions**: and administrative measures — Article 55 — Pecuniary sanctions 1. Member States shall ensure that pecuniary sanctions are imposed on obliged entities for… - **Alerts to obliged entities**: 1. Member States shall ensure that FIUs are able to alert obliged entities of information relevant for the performance of customer… - **Disclosure to FIUs**: 1. Member States shall ensure that if, in the course of the checks carried out on the obliged entities, or in any other way, supervisors… - **Confidentiality of reporting**: 1. Member States shall ensure that FIUs have in place mechanisms to protect the identity of the obliged entities and their… - **Requirements relating to certain service providers**: 1. Member States shall ensure that currency exchange and cheque cashing offices, and trust or company… - **Review**: By 10 July 2032, and every 3 years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the implementation… - **Responses to requests for information**: 1. Member States shall ensure that FIUs are able to respond in a timely manner to reasoned requests for information… - **Feedback by FIU**: 1. Member States shall ensure that FIUs provide obliged entities with feedback on the reporting of suspicions pursuant to Article 69 of… - **Administrative measures**: 1. Member States shall ensure that supervisors are able to apply administrative measures to an obliged entity where they identify: (a)… - **Publication of pecuniary sanctions, administrative measures and periodic penalty payments**: 1. Member States shall ensure that supervisors publish on their… - **Cooperation with authorities in charge of implementing targeted financial sanctions**: 1. Member States shall ensure that supervisors, their FIU and the… - **Use by FIUs of information exchanged between them**: Information and documents received pursuant to Articles 29, 31 and 32 shall be used for the accomplishment of… - **Amendments to Directive (EU) 2015/849**: Directive (EU) 2015/849 is amended as follows: (1) in Article 30(5), the first and second subparagraphs are replaced by… - **Provision of information to FIUs**: Member States shall ensure that supervisors communicate to the FIU at least the following information: (a) the list of… - **Cooperation between FIUs**: Member States shall ensure that FIUs cooperate with each other to the greatest extent possible, regardless of their organisational… - **Transitional management of FIU.net**: By 10 July 2027, the Commission shall transfer to AMLA the management of FIU.net. Until such transfer is completed, the… - **Committee procedure**: 1. The Commission shall be assisted by the Committee on the Prevention of Money Laundering and Terrorist Financing established by Article… - **Supervisory cooperation regarding obliged entities carrying out cross-border activities**: 1. Where obliged entities that are not part of a group carry out… - **Definitions**: For the purposes of this Directive, the definitions set out in Article 2 (1) of Regulation (EU) 2024/1624 apply. The following definitions also… - **Exchange of information among supervisors and with other authorities**: 1. With the exception of cases covered by Article 70 (2) of Regulation (EU) 2024/1624… - **Communication of the list of the competent authorities**: 1. In order to facilitate and promote effective cooperation, and in particular the exchange of… - **Access to information**: 1. Member States shall ensure that FIUs, regardless of their organisational status, have access to the information that they require to… - **AML/CFT supervisory colleges in the financial sector**: 1. Member States shall ensure that dedicated AML/CFT supervisory colleges are set up by the financial… - **Cooperation in relation to auditors**: 1. Member States shall ensure that supervisors in charge of auditors and, where relevant, public authorities overseeing… - **Powers and resources of national supervisors**: 1. Each Member State shall ensure that all obliged entities established in its territory, except for the… - **Provision of information to supervisors**: 1. Member States shall ensure that FIUs provide supervisors, spontaneously or upon request, information that may be… - **Processing of certain categories of personal data**: 1. To the extent that it is necessary for the purposes of this Directive, competent authorities may process… - **AML/CFT supervisory colleges in the non-financial sector**: 1. Member States shall ensure that the non-financial supervisors in charge of the parent undertaking… - **FIU annual report**: Each Member State shall ensure that its FIU publishes an annual report on its activities. The report shall contain statistics on: (a) the… - **General principles regarding supervisory cooperation**: Member States shall ensure that supervisors cooperate with each other to the greatest extent possible… - **Risk assessment at Union level**: 1. The Commission shall conduct an assessment of the risks of money laundering and terrorist financing and of non-implementation… - **Exchange of information in relation to implementation of group-wide policies in third countries**: Supervisors, including AMLA, shall inform each other of… - **Risk-based supervision**: 1. Member States shall ensure that supervisors apply a risk-based approach to supervision. To that end, Member States shall ensure that… - **Procedure for the verification and mutual recognition of a legitimate interest to access beneficial ownership information**: 1. Member States shall ensure that… - **Joint analyses**: 1. Member States shall ensure that their FIUs are able to carry out joint analyses of suspicious transactions and activities. 2. For the purpose… - **Oversight of self-regulatory bodies**: 1. Where Member States decide, pursuant to Article 37 (3) of this Directive, to allow self-regulatory bodies to perform… - **Identification of exposed sectors at national level**: 1. Where a Member State identifies that, in addition to obliged entities, entities in other sectors are… - **Single access point to real estate information**: — Article 18 — Single access point to real estate information 1. Member States shall ensure that competent authorities have immediate and direct access free of… - **Suspension or withholding of consent**: 1. Member States shall ensure that FIUs are empowered to take urgent action, directly or indirectly, where there is a… - **Establishment of the FIU**: 1. Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist… - **Specific access rules to beneficial ownership registers for persons with legitimate interest**: 1. Member States shall ensure that any natural or legal person… - **Subject matter**: This Directive lays down rules concerning: (a) the measures applicable to sectors exposed to money laundering and terrorist financing, at… - **Addressees**: This Directive is addressed to the Member States. - **Exchange of information between FIUs**: 1. Member States shall ensure that FIUs exchange, spontaneously or upon request, any information that may be relevant for… - **Cooperation in relation to credit institutions or financial institutions**: 1. Member States shall ensure that financial supervisors, FIUs, and authorities… - **Exchange of information on pecuniary sanctions and administrative measures**: 1. Member States shall ensure that their supervisors and, where relevant, the public… - **Fundamental Rights Officer**: may be a member of the existing staff of the FIU. 2. The Fundamental Rights Officer shall perform the following tasks: (a) advise the staff of the FIU on any… - **General provisions**: 1. Member States shall ensure that policy makers, the FIUs, supervisors, including AMLA, and other competent authorities, as well as tax… - **Transposition**: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 July… - **Entry into force**: This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. - **Instructions to monitor transactions or activities**: Member States shall ensure that FIUs are empowered to instruct obliged entities to monitor, for a period to… - **Exercise of the delegation**: 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The… - **Provisions related to cooperation in the context of group supervision**: 1. In the case of credit institutions and financial institutions that are part of a… - **Cooperation with AMLA**: FIU and supervisory authorities shall cooperate with AMLA and shall provide it with all the information necessary to allow it to carry… - **Supervision of forms of infrastructure of certain intermediaries operating under the freedom to provide services**: 1. Where the activities of the following… - **Effect of criminal law provisions**: Differences between national law definitions of predicate offences shall not impede the ability of FIUs to provide assistance… - **Cooperation with supervisors in third countries**: 1. Member States shall ensure that supervisors are able to conclude cooperation agreements providing for… - **Checks on the senior management and beneficial owners of certain obliged entities**: 1. Member States shall require supervisors to verify that the members of the… - **General provisions**: 1. Member States shall ensure that obliged entities can be held liable for breaches of Regulations (EU) 2024/1624 and (EU) 2023/1113 in… - **Implementing acts for the interconnection of registers**: 1. The Commission may set out, by means of implementing acts, technical specifications and procedures… - **Consent to further dissemination of information exchanged between FIUs**: 1. Member States shall ensure that the information exchanged pursuant to Articles 29, 31… - **Repeal**: Directive (EU) 2015/849 is repealed with effect from 10 July 2027. References to the repealed Directive shall be construed as references to this… - **Central beneficial ownership registers**: — Article 10 — Central beneficial ownership registers 1. Member States shall ensure that beneficial ownership information as referred to in Article62 of… - **Supervisory measures towards establishments of obliged entities and certain activities carried out under the freedom to provide services**: 1. In the case of… - **Requirements relating to the granting of residence rights in exchange for investment**: 1. Member States whose national law enables the granting of residence… - **Templates and procedures**: 1. The Commission shall define, by means of implementing acts, technical specifications and procedures necessary for the… - **Reporting of breaches and protection of reporting persons**: 1. Directive (EU) 2019/1937 shall apply to the reporting of breaches of Regulations (EU) 2024/1624… - **Statistics**: 1. Member States shall maintain comprehensive statistics on matters relevant to the effectiveness of their AML/CFT frameworks in order to review the… - **Professional secrecy requirements**: 1. Member States shall require that all persons working for or who have worked for supervisors and the public authorities… - **General rules regarding access to beneficial ownership registers by competent authorities, self-regulatory bodies and obliged entities**: 1. Member States shall… - **Periodic penalty payments**: 1. Member States shall ensure that, where obliged entities fail to comply with administrative measures applied by the supervisor… - **Amendment to Directive (EU) 2019/1937**: In Directive (EU) 2019/1937, the Annex, Part II, Section A, point 2, the following point is added: ‘(iii) Regulation (EU)… - **Provision of information on cross-border activities**: 1. Member States shall ensure that the supervisors of the home Member State inform the supervisors of the… - **AML/CFT cooperation guidelines**: By 10 July 2029, AMLA shall, in cooperation with the ECB, the European Supervisory Authorities, Europol, Eurojust, and EPPO… - **Central contact points**: 1. For the purposes of Article 37(1) and Article 38(1), Member States may require electronic money issuers, payment service providers… - **National risk assessment**: 1. Each Member State shall carry out a national risk assessment to identify, assess, understand and mitigate the risks of money… - **Exceptions to the access rules to beneficial ownership registers**: In exceptional circumstances to be laid down in national law, where the access referred to in… - **Provision of information to obliged entities**: 1. Member States shall ensure that supervisors make information on money laundering and terrorist financing… - **Protected channels of communication**: 1. A system for the exchange of information between FIUs of Member States (FIU.net) shall be set up. FIU.net shall ensure… - **Single access point to real estate information**: — Article 18 — Single access point to real estate information 2. Member States shall ensure that at least the following information is made available through… - **Supervisory measures towards establishments of obliged entities and certain activities carried out under the freedom to provide services**: 4. By way of… - **Statistics**: (38) where such information is available, and the value in euro of property that has been frozen, seized or confiscated; (c) the number and… - **General provisions**: 4. In the event of a breach of Regulations (EU) 2024/1624 and (EU) 2023/1113, Member States shall ensure that where obligations apply to… - **Protected channels of communication**: (1), point (d), and Article 47 of Regulation (EU) 2024/1620. 4. Member States shall ensure that FIUs are able to use the… - **Central beneficial ownership registers**: — Article 10 — Central beneficial ownership registers (1) of Regulation (EU) 2024/1624 triggers the registration of the foreign legal entity or foreign legal… - **Cooperation in relation to credit institutions or financial institutions**: (1). 2. Member States shall ensure that, where financial supervisors identify… - **Professional secrecy requirements**: (44)(c) and (d) of Regulation (EU) 2024/1624; (d) financial supervisors and authorities in charge of supervising credit… - **Bank account registers and electronic data retrieval systems**: (1) of Regulation (EU) 2024/1624 or a unique identification number as well as the dates on which… - **Definitions**: (9) ‘draft national measure’ means the text of an act, whichever its form, which, once enacted, will have legal effect, the text being at a stage… - **Risk assessment at Union level**: 4. The Commission shall make recommendations to Member States on the measures suitable for addressing the identified risks. In… - **General rules regarding access to beneficial ownership registers by competent authorities, self-regulatory bodies and obliged entities**: 5. By 10 October 2026… - **Oversight of self-regulatory bodies**: (5), point (b); (e) regularly informing self-regulatory bodies of any activity planned or task carried out by AMLA that is… - **Suspension or withholding of consent**: suspended to challenge that suspension before a court. Member States shall ensure that FIUs are empowered to lift the… - **Identification of exposed sectors at national level**: 4. Before the end of the period referred to in paragraph 3, the Commission, having consulted the Authority… - **Pecuniary sanctions**: and administrative measures — Article 55 — Pecuniary sanctions 3. Member States shall ensure that, by way of derogation from paragraph 2, where the obliged… - **Provision of information on cross-border activities**: (1) of Regulation (EU) 2024/1624 that activities in the host Member State have commenced. - **AML/CFT supervisory colleges in the non-financial sector**: 2. Member States shall ensure that where the non-financial supervisor in charge of the parent… - **Exchange of information between FIUs**: (1), first subparagraph, point (a), of Regulation (EU) 2024/1624 concerns another Member State as referred to in paragraph… - **Checks on the senior management and beneficial owners of certain obliged entities**: 4. Member States shall ensure that supervisors have the power to request the… - **AML/CFT supervisory colleges in the financial sector**: 5. For the purposes of paragraph 1, Member States shall ensure that financial supervisors identify: (a)… - **Publication of pecuniary sanctions, administrative measures and periodic penalty payments**: (2), points (a) and (c). Where the publication of the identity of the… - **National risk assessment**: 4. Member States shall use the national risk assessment to: (a) improve their AML/CFT regimes, in particular by identifying any areas… - **Implementing acts for the interconnection of registers**: (6), with regard to: (a) the technical specification defining the methods of communication by electronic… - **Supervisory cooperation regarding obliged entities carrying out cross-border activities**: (3), first subparagraph, points (a), (b) and (d), where that… - **Procedure for the verification and mutual recognition of a legitimate interest to access beneficial ownership information**: (2), second subparagraph. 4. Member… - **Consent to further dissemination of information exchanged between FIUs**: (1) of Regulation (EU) 2024/1624 which concerns another Member State where the obliged… - **Establishment of the FIU**: 4. Each FIU shall be operationally independent and autonomous, which means that it shall have the authority and capacity to carry out… - **Risk-based supervision**: 3. By 10 July 2028, AMLA shall issue guidelines addressed to supervisors on: (a) the characteristics of a risk-based approach to… - **Access to information**: (40); (ii) information on public procurement procedures for goods or services, or concessions; (iii) information from BARIS as referred… - **Specific access rules to beneficial ownership registers for persons with legitimate interest**: 2. The following natural or legal persons shall be deemed to have… - **Supervision of forms of infrastructure of certain intermediaries operating under the freedom to provide services**: (2) are not met; and (b) the supervisor of the… - **Requirements relating to the granting of residence rights in exchange for investment**: 3. Member States shall adopt and implement the measures referred to in… - **Provisions related to cooperation in the context of group supervision**: 3. For the purposes of this Article, and except in cases where AML/CFT supervisory… - **Exchange of information among supervisors and with other authorities**: (3) shall not prevent such disclosure. However, confidential information exchanged… - **Administrative measures**: 3. Member States shall ensure that the supervisors are able, by means of the administrative measures referred to in paragraph 2, in… - **Powers and resources of national supervisors**: (3)(a) and (b), of Regulation (EU) 2024/1624, Member States may allow the function referred to in paragraph 1 of… - **Joint analyses**: 6. Member States shall ensure that FIUs are able to invite third parties, including Union bodies, offices and agencies, to take part in the… - **Provisions related to cooperation in the context of group supervision**: 4. By 10 July 2026, AMLA shall develop draft regulatory technical standards and submit… - **Procedure for the verification and mutual recognition of a legitimate interest to access beneficial ownership information**: 6. From 10 November 2026, Member… - **Specific access rules to beneficial ownership registers for persons with legitimate interest**: conversions, mergers and divisions of limited liability companies… - **Identification of exposed sectors at national level**: 7. Where, on 9 July 2024, Member States have already applied national provisions transposing Directive (EU)… - **AML/CFT supervisory colleges in the non-financial sector**: 3. Where, after an opinion is submitted pursuant to paragraph 2, the non-financial supervisor in… - **Oversight of self-regulatory bodies**: 4. Member States shall ensure that the public authority overseeing self-regulatory bodies performs its functions free of… - **Checks on the senior management and beneficial owners of certain obliged entities**: 7. Member States shall ensure that decisions taken by supervisors pursuant to… - **Cooperation in relation to credit institutions or financial institutions**: (18), of Directive 2014/49/EU. Financial supervisors shall inform the authorities… - **National risk assessment**: extent that this information is available. 5. Member States shall ensure appropriate participation of competent authorities and… - **Access to information**: (41); (xvii) information on annual financial statements by companies; (xviii) national migration and immigration registers; (xix)… - **Powers and resources of national supervisors**: 5. For the purposes of paragraph 1, Member States shall ensure that the national supervisors perform the following… - **Exchange of information between FIUs**: 6. Member States shall ensure that where an FIU is requested to provide information pursuant to paragraph 1, it shall… - **AML/CFT supervisory colleges in the financial sector**: 9. Member States shall ensure that colleges are used, among others, for exchanging information, providing… - **Supervisory cooperation regarding obliged entities carrying out cross-border activities**: (2), Member States shall ensure that the supervisors of the home Member… - **Pecuniary sanctions**: and administrative measures — Article 55 — Pecuniary sanctions (44), the relevant total annual turnover shall be the total annual turnover or the corresponding… - **Single access point to real estate information**: — Article 18 — Single access point to real estate information 4. Member States shall have measures in place to ensure that information held electronically is… - **Publication of pecuniary sanctions, administrative measures and periodic penalty payments**: 4. Member States shall ensure that any publication in accordance with… - **Establishment of the FIU**: 10. By 10 July 2028, AMLA shall issue guidelines addressed to FIUs on: (a) the measures to be put in place to preserve the operational… - **Central beneficial ownership registers**: — Article 10 — Central beneficial ownership registers (1), second subparagraph, point (a), of Regulation (EU) 2024/1624. Member States shall ensure that the… - **Statistics**: to Article 10 (11) of this Directive; (i) the following information regarding the implementation of Article 12: (i) the number of requests to access… - **Bank account registers and electronic data retrieval systems**: (1) of Regulation (EU) 2024/1624, or a unique identification number and the date on which the… - **Suspension or withholding of consent**: 2. Where there is a suspicion that a bank account or payment account, a crypto-asset account or a business relationship is… - **General provisions**: 6. Member States shall ensure that, when determining the type and level of pecuniary sanctions or administrative measures, supervisors take… - **Central beneficial ownership registers**: — Article 10 — Central beneficial ownership registers (2) of this Directive. 7. Member States shall ensure that the beneficial ownership information held in… - **Oversight of self-regulatory bodies**: (1) of that Regulation; (c) the number and description of pecuniary sanctions and periodic penalty payments imposed or… - **Suspension or withholding of consent**: 3. The imposition of a suspension or the withholding of consent in accordance with this Article shall not attach liability… - **Exchange of information between FIUs**: 8. An FIU may refuse to exchange information only in exceptional circumstances where the exchange could be contrary to… - **Statistics**: (2), second subparagraph; (j) the number of searches of bank account registers or data retrieval mechanisms made by competent authorities, broken… - **AML/CFT supervisory colleges in the financial sector**: 11. Financial supervisors may allow their counterparts in third countries to participate as observers in… - **Bank account registers and electronic data retrieval systems**: (2). 5. Member States may require other information deemed essential for FIUs, for AMLA for the… - **General provisions**: 8. Member States shall ensure that legal persons can be held liable where the lack of supervision or control by a person as referred to in… - **Powers and resources of national supervisors**: 6. Member States shall ensure that supervisors have adequate powers to perform their tasks as provided for in… - **Specific access rules to beneficial ownership registers for persons with legitimate interest**: 3. By 10 July 2026, Member States shall notify to the Commission… - **AML/CFT supervisory colleges in the non-financial sector**: 6. Where a group in the non-financial sector includes any credit institution or financial institution… - **Access to information**: 3. Member States shall ensure that, whenever possible, the FIU is granted direct access to the information listed in paragraph 1, first… - **Supervisory cooperation regarding obliged entities carrying out cross-border activities**: (1), second subparagraph. 3. Supervisors shall be able to refer to AMLA… - **Provisions related to cooperation in the context of group supervision**: (1), second subparagraph. Where the situations referred to in paragraph 5 arise in… - **Procedure for the verification and mutual recognition of a legitimate interest to access beneficial ownership information**: 7. Member States shall ensure that… - **Bank account registers and electronic data retrieval systems**: 8. Member States shall ensure that information on holders of bank accounts or payment accounts… - **AML/CFT supervisory colleges in the non-financial sector**: 8. Member States shall ensure that colleges are used, among others, for exchanging information… - **Central beneficial ownership registers**: — Article 10 — Central beneficial ownership registers 9. Member States shall ensure that the entities in charge of the central registers verify whether… - **Specific access rules to beneficial ownership registers for persons with legitimate interest**: (1), point (c), of Regulation (EU) 2016/679. However, Member… - **Powers and resources of national supervisors**: 7. Member States shall ensure that financial supervisors and supervisors in charge of gambling service providers… - **AML/CFT supervisory colleges in the financial sector**: (1) and is used solely for the purposes of performing the supervisory tasks of the participating financial… - **Procedure for the verification and mutual recognition of a legitimate interest to access beneficial ownership information**: 8. Where entities in charge of… - **Specific access rules to beneficial ownership registers for persons with legitimate interest**: (1), point (c), of Regulation (EU) 2016/679, they are provided… - **AML/CFT supervisory colleges in the non-financial sector**: 10. Non-financial supervisors may allow their counterparts in third countries to participate in… - **Procedure for the verification and mutual recognition of a legitimate interest to access beneficial ownership information**: 12. Member States may choose to make… - **Central beneficial ownership registers**: — Article 10 — Central beneficial ownership registers 10. Member States shall ensure that the entities in charge of the central registers take, within 30… - **AML/CFT supervisory colleges in the financial sector**: (43), as well as the European Supervisory Authorities and FIUs. 13. Where the members of a college… - **Bank account registers and electronic data retrieval systems**: 10. Member States shall ensure that technical and organisational measures are put in place to… - **AML/CFT supervisory colleges in the non-financial sector**: (1) and is used solely for the purposes of performing the supervisory tasks of the participating… - **Central beneficial ownership registers**: — Article 10 — Central beneficial ownership registers (3)(a), (b) or (c), of Regulation (EU) 2024/1624, Member States shall ensure that the entity in charge of… - **AML/CFT supervisory colleges in the non-financial sector**: 13. By 10 July 2026, AMLA shall develop draft regulatory technical standards and submit them to the… - **Central beneficial ownership registers**: — Article 10 — Central beneficial ownership registers 14. Member States shall ensure that where a verification as referred to in paragraph 7, point (a), is… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/ksrc_bye5jxd09cq08gfs. Index of every page: https://consilena.com/llms.txt.