Source: OJ L, 2024/1640, 19.6.2024

Current language: EN

Article 23 Provision of information to supervisors


Summary What does Article 23 of the Sixth anti-money laundering (AML 6) directive say?

This article governs the flow of information from Financial Intelligence Units (FIUs) to supervisors, establishing a channel of cooperation that feeds directly into the supervisory framework set out in Chapter IV of the Directive.

FIUs are required to share relevant intelligence with supervisors — either on their own initiative or when asked — covering reporting behaviour of obliged entities, strategic analysis outcomes, and broader trends in money laundering and terrorist financing.

Critically, FIUs must also proactively alert supervisors when they have information suggesting potential breaches by obliged entities.

To protect ongoing investigations, there is a built-in safeguard limiting the personal data that can be shared.

Important points:

  • FIUs are required to share intelligence with supervisors both spontaneously and upon request, covering the quality of suspicious transaction reports, entity responsiveness, and ML/TF trends.
  • FIUs must notify supervisors when information in their possession points to potential breaches by obliged entities of the applicable regulations.
  • Information shared under this article must not identify specific natural or legal persons, unless strictly necessary for the purpose of notifying potential breaches.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

    1. Member States shall ensure that FIUs provide supervisors, spontaneously or upon request, information that may be relevant for the purposes of supervision pursuant to Chapter IV, including at least information on:

      1. the quality and quantity of suspicious transaction reports submitted by obliged entities;

      2. the quality and timeliness of responses provided by obliged entities to FIU requests pursuant to Article 69(1), the first subparagraph, point (b), of Regulation (EU) 2024/1624;

      3. relevant results of strategic analyses carried out pursuant to Article 19(3), point (b), of this Directive, as well as any relevant information on money laundering, its predicate offences and terrorist financing trends and methods, including geographical, cross-border and emerging risks.

    1. Member States shall ensure that FIUs notify supervisors whenever information in their possession indicates potential breaches by obliged entities of Regulations (EU) 2024/1624 and (EU) 2023/1113.

    1. Except where strictly necessary for the purposes of paragraph 2, Member States shall ensure that information provided by FIUs pursuant to this Article does not contain any information on specific natural or legal persons nor cases including natural or legal persons subject to an ongoing analysis or investigation or which may lead to the identification of natural or legal persons.

We're continuously improving our platform to serve you better.

Your feedback matters! Let us know how we can improve.

Found a bug?

Springflod is a Swedish boutique consultancy firm specialising in cyber security within the financial services sector.

We offer professional services concerning information security governance, risk and compliance.

Crafted with ❤️ by Springflod