# Directive (EU) 2015/849 (AMLD4) URL: https://consilena.com/coverage/laws/ksrc_sq718vnbf1q22j0j - Jurisdiction: European Union - Type: Directive - Short name: AMLD4 - Identifier: 32015L0849 - Current as of: 25 June 2015 - Provisions: 69 - Official text: https://eur-lex.europa.eu/eli/dir > 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 - **["SECTION 3", "Enhanced customer due diligence", "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… - **["SECTION 1", "General provisions", "Article 32"]**: Article 32 1. Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. 2. Member… - **["SECTION 4", "Performance by third parties", "Article 27"]**: Article 27 1. Member States shall ensure that obliged entities obtain from the third party relied upon the necessary information concerning the customer due… - **["CHAPTER III", "BENEFICIAL OWNERSHIP INFORMATION", "Article 31"]**: Article 31 1. Member States shall require that trustees of any express trust governed under their law obtain and hold adequate, accurate and up-to-date… - **["Subsection III", "Cooperation between FIUs and with the Commission", "Article 54"]**: Article 54 Information and documents received pursuant to Articles 52 and 53 shall be used for the accomplishment of the FIU's tasks as laid down in this… - **["SECTION 1", "General provisions", "Article 12"]**: Article 12 1. By way of derogation from points (a), (b) and (c) of the first subparagraph of Article 13(1) and Article 14, and based on an appropriate risk… - **["SECTION 1", "Internal procedures, training and feedback", "Article 45"]**: Article 45 1. Member States shall require obliged entities that are part of a group to implement group-wide policies and procedures, including data protection… - **["SECTION 1", "General provisions", "Article 37"]**: Article 37 Disclosure of information in good faith by an obliged entity or by an employee or director of such an obliged entity in accordance with Articles 33… - **["SECTION 3", "Enhanced customer due diligence", "Article 21"]**: Article 21 Member States shall require obliged entities to take reasonable measures to determine whether the beneficiaries of a life or other… - **["SECTION 2", "Risk assessment", "Article 7"]**: Article 7 1. Each Member State shall take appropriate steps to identify, assess, understand and mitigate the risks of money laundering and terrorist financing… - **["CHAPTER VII", "FINAL PROVISIONS", "Article 64"]**: Article 64 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt… - **["SECTION 4", "Performance by third parties", "Article 26"]**: Article 26 1. For the purposes of this Section, ‘third parties’ means obliged entities listed in Article 2, the member organisations or federations of those… - **["SECTION 1", "General provisions", "Article 36"]**: Article 36 1. Member States shall ensure that if, in the course of checks carried out on the obliged entities by the competent authorities referred to in… - **["CHAPTER VII", "FINAL PROVISIONS", "Article 63"]**: Article 63 Point (d) of paragraph 2 of Article 25 of Regulation (EU) No 648/2012 of the European Parliament and the Council (32) is replaced by the following… - **["CHAPTER V", "DATA PROTECTION, RECORD-RETENTION AND STATISTICAL DATA", "Article 43"]**: Article 43 The processing of personal data on the basis of this Directive for the purposes of the prevention of money laundering and terrorist financing as… - **["SECTION 2", "Supervision", "Article 48"]**: Article 48 1. Member States shall require the competent authorities to monitor effectively, and to take the measures necessary to ensure, compliance with this… - **["CHAPTER VII", "FINAL PROVISIONS", "Article 65"]**: Article 65 By 26 June 2019, the Commission shall draw up a report on the implementation of this Directive and submit it to the European Parliament and to the… - **["Subsection III", "Cooperation between FIUs and with the Commission", "Article 51"]**: Article 51 The Commission may lend such assistance as may be needed to facilitate coordination, including the exchange of information between FIUs within the… - **["SECTION 1", "General provisions", "Article 10"]**: Article 10 1. Member States shall prohibit their credit institutions and financial institutions from keeping anonymous accounts or anonymous passbooks. Member… - **["Subsection III", "Cooperation between FIUs and with the Commission", "Article 52"]**: Article 52 Member States shall ensure that FIUs cooperate with each other to the greatest extent possible, regardless of their organisational status. - **["SECTION 4", "Sanctions", "Article 61"]**: Article 61 1. Member States shall ensure that competent authorities establish effective and reliable mechanisms to encourage the reporting to competent… - **["Subsection III", "Cooperation between FIUs and with the Commission", "Article 55"]**: Article 55 1. Member States shall ensure that the information exchanged pursuant to Articles 52 and 53 is used only for the purpose for which it was sought or… - **["SECTION 1", "General provisions", "Article 35"]**: Article 35 1. Member States shall require obliged entities to refrain from carrying out transactions which they know or suspect to be related to proceeds of… - **["CHAPTER V", "DATA PROTECTION, RECORD-RETENTION AND STATISTICAL DATA", "Article 41"]**: Article 41 1. The processing of personal data under this Directive is subject to Directive 95/46/EC, as transposed into national law. Personal data that is… - **["SECTION 3", "Enhanced customer due diligence", "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… - **["SECTION 4", "Performance by third parties", "Article 28"]**: Article 28 Member States shall ensure that the competent authority of the home Member State (for group-wide policies and procedures) and the competent… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 5"]**: Article 5 Member States may adopt or retain in force stricter provisions in the field covered by this Directive to prevent money laundering and terrorist… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 2"]**: Article 2 1. This Directive shall apply to the following obliged entities: (1) credit institutions; (2) financial institutions; (3) the following natural or… - **["SECTION 2", "Risk assessment", "Article 6"]**: Article 6 1. The Commission shall conduct an assessment of the risks of money laundering and terrorist financing affecting the internal market and relating to… - **["SECTION 4", "Sanctions", "Article 62"]**: Article 62 1. Member States shall ensure that their competent authorities inform the ESAs of all administrative sanctions and measures imposed in accordance… - **["SECTION 2", "Simplified customer due diligence", "Article 17"]**: Article 17 By 26 June 2017, the ESAs shall issue guidelines addressed to competent authorities and the credit institutions and financial institutions in… - **["CHAPTER VII", "FINAL PROVISIONS", "Article 66"]**: Article 66 Directives 2005/60/EC and 2006/70/EC are repealed with effect from 26 June 2017. References to the repealed Directives shall be construed as… - **["Subsection I", "National cooperation", "Article 49"]**: Article 49 Member States shall ensure that policy makers, the FIUs, supervisors and other competent authorities involved in AML/CFT have effective mechanisms… - **["SECTION 3", "Enhanced customer due diligence", "Article 19"]**: Article 19 With respect to cross-border correspondent relationships with a third-country respondent institution, Member States shall, in addition to the… - **["CHAPTER V", "DATA PROTECTION, RECORD-RETENTION AND STATISTICAL DATA", "Article 40"]**: Article 40 1. Member States shall require obliged entities to retain the following documents and information in accordance with national law for the purpose of… - **["CHAPTER VII", "FINAL PROVISIONS", "Article 68"]**: Article 68 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. - **["SECTION 2", "Risk assessment", "Article 8"]**: Article 8 1. Member States shall ensure that obliged entities take appropriate steps to identify and assess the risks of money laundering and terrorist… - **["CHAPTER VII", "FINAL PROVISIONS", "Article 69"]**: Article 69 This Directive is addressed to the Member States. - **["SECTION 4", "Performance by third parties", "Article 29"]**: Article 29 This Section shall not apply to outsourcing or agency relationships where, on the basis of a contractual arrangement, the outsourcing service… - **["Subsection III", "Cooperation between FIUs and with the Commission", "Article 56"]**: Article 56 1. Member States shall require their FIUs to use protected channels of communication between themselves and encourage the use of the FIU.net or its… - **["CHAPTER III", "BENEFICIAL OWNERSHIP INFORMATION", "Article 30"]**: Article 30 1. Member States shall ensure that corporate and other legal entities incorporated within their territory are required to obtain and hold adequate… - **["SECTION 2", "Prohibition of disclosure", "Article 39"]**: Article 39 1. Obliged entities and their directors and employees shall not disclose to the customer concerned or to other third persons the fact that… - **["CHAPTER VII", "FINAL PROVISIONS", "Article 67"]**: Article 67 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 26 June 2017… - **["SECTION 1", "General provisions", "Article 33"]**: Article 33 1. Member States shall require obliged entities, and, where applicable, their directors and employees, to cooperate fully by promptly: (a) informing… - **["SECTION 1", "General provisions", "Article 38"]**: Article 38 Member States shall ensure that individuals, including employees and representatives of the obliged entity, who report suspicions of money… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 3"]**: Article 3 For the purposes of this Directive, the following definitions apply: (1) ‘credit institution’ means a credit institution as defined in point (1) of… - **["SECTION 3", "Enhanced customer due diligence", "Article 24"]**: Article 24 Member States shall prohibit credit institutions and financial institutions from entering into, or continuing, a correspondent relationship with a… - **["SECTION 4", "Sanctions", "Article 58"]**: Article 58 1. Member States shall ensure that obliged entities can be held liable for breaches of national provisions transposing this Directive in accordance… - **["SECTION 3", "Enhanced customer due diligence", "Article 20"]**: Article 20 With respect to transactions or business relationships with politically exposed persons, Member States shall, in addition to the customer due… - **["SECTION 3", "Third-country policy", "Article 9"]**: Article 9 1. Third-country jurisdictions which have strategic deficiencies in their national AML/CFT regimes that pose significant threats to the financial… - **["SECTION 2", "Simplified customer due diligence", "Article 15"]**: Article 15 1. Where a Member State or an obliged entity identifies areas of lower risk, that Member State may allow obliged entities to apply simplified… - **["SECTION 1", "General provisions", "Article 34"]**: Article 34 1. By way of derogation from Article 33(1), Member States may, in the case of obliged entities referred to in point (3)(a), (b) and (d) of Article… - **["SECTION 1", "General provisions", "Article 14"]**: Article 14 1. Member States shall require that verification of the identity of the customer and the beneficial owner take place before the establishment of a… - **["SECTION 3", "Enhanced customer due diligence", "Article 18"]**: Article 18 1. In the cases referred to in Articles 19 to 24, and when dealing with natural persons or legal entities established in the third countries… - **["SECTION 2", "Simplified customer due diligence", "Article 16"]**: Article 16 When assessing the risks of money laundering and terrorist financing relating to types of customers, geographic areas, and particular products… - **["SECTION 4", "Sanctions", "Article 59"]**: Article 59 1. Member States shall ensure that this Article applies at least to breaches on the part of obliged entities that are serious, repeated, systematic… - **["Subsection II", "Cooperation with the ESAs", "Article 50"]**: Article 50 The competent authorities shall provide the ESAs with all the information necessary to allow them to carry out their duties under this Directive. - **["Subsection III", "Cooperation between FIUs and with the Commission", "Article 53"]**: Article 53 1. Member States shall ensure that FIUs exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis… - **["CHAPTER V", "DATA PROTECTION, RECORD-RETENTION AND STATISTICAL DATA", "Article 44"]**: Article 44 1. Member States shall, for the purposes of contributing to the preparation of risk assessments pursuant to Article 7, ensure that they are able to… - **["SECTION 4", "Performance by third parties", "Article 25"]**: Article 25 Member States may permit obliged entities to rely on third parties to meet the customer due diligence requirements laid down in points (a), (b) and… - **["Subsection III", "Cooperation between FIUs and with the Commission", "Article 57"]**: Article 57 Differences between national law definitions of tax crimes shall not impede the ability of FIUs to exchange information or provide assistance to… - **["SECTION 1", "General provisions", "Article 13"]**: Article 13 1. Customer due diligence measures shall comprise: (a) identifying the customer and verifying the customer's identity on the basis of documents… - **["SECTION 1", "General provisions", "Article 11"]**: Article 11 Member States shall ensure that obliged entities apply customer due diligence measures in the following circumstances: (a) when establishing a… - **["SECTION 1", "Internal procedures, training and feedback", "Article 46"]**: Article 46 1. Member States shall require that obliged entities take measures proportionate to their risks, nature and size so that their employees are aware… - **["CHAPTER V", "DATA PROTECTION, RECORD-RETENTION AND STATISTICAL DATA", "Article 42"]**: Article 42 Member States shall require that their obliged entities have systems in place that enable them to respond fully and speedily to enquiries from their… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 4"]**: Article 4 1. Member States shall, in accordance with the risk-based approach, ensure that the scope of this Directive is extended in whole or in part to… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 1"]**: Article 1 1. This Directive aims to prevent the use of the Union's financial system for the purposes of money laundering and terrorist financing. 2. Member… - **["SECTION 4", "Sanctions", "Article 60"]**: Article 60 1. Member States shall ensure that a decision imposing an administrative sanction or measure for breach of the national provisions transposing this… - **["SECTION 2", "Supervision", "Article 47"]**: Article 47 1. Member States shall provide that currency exchange and cheque cashing offices and trust or company service providers be licensed or registered… - **["SECTION 1", "Internal procedures, training and feedback", "Article 45"]**: Article 45 5. Member States shall require that, where a third country's law does not permit the implementation of the policies and procedures required under… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 3"]**: Article 3 (3) ‘property’ means assets of any kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 1"]**: Article 1 5. For the purposes of this Directive, ‘terrorist financing’ means the provision or collection of funds, by any means, directly or indirectly, with… - **["SECTION 2", "Supervision", "Article 48"]**: Article 48 (2). 5. Member States shall ensure that the competent authorities of the Member State in which the obliged entity operates establishments shall… - **["SECTION 2", "Risk assessment", "Article 8"]**: Article 8 5. Member States shall require obliged entities to obtain approval from their senior management for the policies, controls and procedures that they… - **["SECTION 4", "Sanctions", "Article 59"]**: Article 59 3. Member States shall ensure that, by way of derogation from paragraph 2(e), where the obliged entity concerned is a credit institution or… - **["Subsection III", "Cooperation between FIUs and with the Commission", "Article 53"]**: Article 53 (1) which concerns another Member State, it shall promptly forward it to the FIU of that Member State. 2. Member States shall ensure that the FIU to… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 2"]**: Article 2 2. With the exception of casinos, and following an appropriate risk assessment, Member States may decide to exempt, in full or in part, providers of… - **["CHAPTER V", "DATA PROTECTION, RECORD-RETENTION AND STATISTICAL DATA", "Article 41"]**: Article 41 (1), Member States shall adopt legislative measures restricting, in whole or in part, the data subject's right of access to personal data relating… - **["SECTION 1", "General provisions", "Article 14"]**: Article 14 (1), it shall not carry out a transaction through a bank account, establish a business relationship or carry out the transaction, and shall… - **["SECTION 4", "Sanctions", "Article 60"]**: Article 60 and (b) are considered insufficient to ensure: (i) that the stability of financial markets would not be put in jeopardy; or (ii) the proportionality… - **["CHAPTER III", "BENEFICIAL OWNERSHIP INFORMATION", "Article 30"]**: Article 30 5. Member States shall ensure that the information on the beneficial ownership is accessible in all cases to: (a) competent authorities and FIUs… - **["CHAPTER III", "BENEFICIAL OWNERSHIP INFORMATION", "Article 31"]**: Article 31 6. Member States shall ensure that obliged entities do not rely exclusively on the central register referred to in paragraph 4 to fulfil their… - **["SECTION 1", "General provisions", "Article 32"]**: Article 32 5. Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or… - **["SECTION 4", "Sanctions", "Article 58"]**: Article 58 5. Competent authorities shall exercise their powers to impose administrative sanctions and measures in accordance with this Directive, and with… - **["SECTION 2", "Risk assessment", "Article 6"]**: Article 6 6. In conducting the assessment referred to in paragraph 1, the Commission shall organise the work at Union level, shall take into account the joint… - **["SECTION 2", "Prohibition of disclosure", "Article 39"]**: Article 39 (1) in cases relating to the same customer and the same transaction involving two or more obliged entities, the prohibition laid down in paragraph 1… - **["SECTION 1", "General provisions", "Article 13"]**: Article 13 4. Member States shall ensure that obliged entities are able to demonstrate to competent authorities or self-regulatory bodies that the measures are… - **["SECTION 3", "Enhanced customer due diligence", "Article 18"]**: Article 18 4. By 26 June 2017, the ESAs shall issue guidelines addressed to competent authorities and the credit institutions and financial institutions, in… - **["CHAPTER V", "DATA PROTECTION, RECORD-RETENTION AND STATISTICAL DATA", "Article 40"]**: Article 40 2. Where, on 25 June 2015, legal proceedings concerned with the prevention, detection, investigation or prosecution of suspected money laundering or… - **["SECTION 1", "General provisions", "Article 13"]**: Article 13 6. In the case of beneficiaries of trusts or of similar legal arrangements that are designated by particular characteristics or class, an obliged… - **["CHAPTER III", "BENEFICIAL OWNERSHIP INFORMATION", "Article 30"]**: Article 30 9. Member States may provide for an exemption to the access referred to in points (b) and (c) of paragraph 5 to all or part of the information on… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 2"]**: Article 2 (3); (f) the financial activity is provided only to the customers of the main activity of such persons and is not generally offered to the public… - **["SECTION 4", "Sanctions", "Article 60"]**: Article 60 4. Member States shall ensure that when determining the type and level of administrative sanctions or measures, the competent authorities shall take… - **["SECTION 1", "Internal procedures, training and feedback", "Article 45"]**: Article 45 (3) of Article 2 of Directive 2009/110/EC and payment service providers as defined in point (9) of Article 4 of Directive 2007/64/EC established on… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 3"]**: Article 3 (6) ‘beneficial owner’ means any natural person(s) who ultimately owns or controls the customer and/or the natural person(s) on whose behalf a… - **["SECTION 2", "Supervision", "Article 48"]**: Article 48 (1), Member States may allow the functions referred to in paragraph 1 of this Article to be performed by self-regulatory bodies, provided that those… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 2"]**: Article 2 8. Decisions taken by Member States pursuant to paragraph 3 shall state the reasons on which they are based. Member States may decide to withdraw… - **["SECTION 1", "Subject-matter, scope and definitions", "Article 3"]**: Article 3 (29); (ii) if, after having exhausted all possible means and provided there are no grounds for suspicion, no person under point (i) is identified, or… - **["SECTION 4", "Sanctions", "Article 60"]**: Article 60 (1) for the benefit of that legal person by a person under its authority. - **["SECTION 1", "Subject-matter, scope and definitions", "Article 3"]**: Article 3 (7) ‘trust or company service provider’ means any person that, by way of its business, provides any of the following services to third parties: (a)… --- 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_sq718vnbf1q22j0j. Index of every page: https://consilena.com/llms.txt.