Source: OJ L, 2024/1640, 19.6.2024Current language: EN
- Anti-money laundering
Basic legislative acts
- Sixth anti-money laundering (AML 6) directive
Article 32 Joint analyses
Summary What does Article 32 of the Sixth anti-money laundering (AML 6) directive say?
This article establishes the framework for FIUs (Financial Intelligence Units) to conduct joint analyses of suspicious transactions and activities across Member States.
It builds directly on the broader cooperation obligations between FIUs set out earlier in this chapter, providing a concrete operational mechanism for cross-border collaboration.
The article covers the conditions under which joint analysis teams can be formed, how they operate, who can participate, and the confidentiality rules that govern information shared within them.
Important points:
- Member States must ensure their FIUs can participate in joint analysis teams, set up for a specific purpose and limited period, with AMLA providing assistance in accordance with Regulation (EU) 2024/1620.
- FIU staff allocated to a joint analysis team are required to share information available to their FIU with the team, subject to applicable national law and the limits of their competence.
- FIUs participating in joint analyses determine the conditions for any third-party participation and must put in place measures guaranteeing confidentiality and security of information exchanged, which may only be used for the purposes for which the joint analysis was set up.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Member States shall ensure that their FIUs are able to carry out joint analyses of suspicious transactions and activities.
For the purpose of paragraph 1 of this Article, the relevant FIUs, assisted by AMLA in accordance with Article 40 of Regulation (EU) 2024/1620, shall set up a joint analysis team for a specific purpose and limited period, which may be extended by mutual consent, to carry out operational analyses of suspicious transactions or activities involving one or more of the FIUs setting up the team.
A joint analysis team may be set up where:
an FIU’s operational analyses require difficult and demanding analyses with links to other Member States;
a number of FIUs are conducting operational analyses in which the circumstances of the case justify concerted action in the Member States involved.
A request for the setting up of a joint analysis team may be made by any of the FIUs concerned or AMLA pursuant to Article 44 of Regulation (EU) 2024/1620.
Member States shall ensure that the staff member of their FIU allocated to the joint analysis team is able, in accordance with the applicable national law and within the limits of the staff member’s competence, to provide the team with information available to its FIU for the purpose of the analysis conducted by the team.
Where the joint analysis team needs assistance from a FIU other than those which are part of the team, it might request that other FIU to:
join the joint analysis team;
submit financial intelligence and financial information to the joint analysis team.
Member States shall ensure that FIUs are able to invite third parties, including Union bodies, offices and agencies, to take part in the joint analyses where relevant for the purposes of the joint analyses and where such participation falls within the respective mandates of those third parties.
Member States shall ensure that the FIUs participating in the joint analyses determine the conditions that apply in relation to the participation of third parties and put in place measures guaranteeing the confidentiality and security of the information exchanged. Member States shall ensure that the information exchanged is used solely for the purposes for which that joint analysis was set up.
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