Source: OJ L, 2024/1640, 19.6.2024Current language: EN
- Anti-money laundering
Basic legislative acts
- Sixth anti-money laundering (AML 6) directive
Article 33 Use by FIUs of information exchanged between them
Summary What does Article 33 of the Sixth anti-money laundering (AML 6) directive say?
This article governs the use of information exchanged between FIUs under the cooperation and joint analysis provisions established in Articles 29, 31, and 32.
It sets the boundaries for how received information can be used and gives the transmitting FIU the ability to place restrictions on how that information is handled by the receiving FIU.
A notable carve-out exists: where a transmission relates to a suspicious transaction report from an obliged entity operating under the freedom to provide services in another Member State, and that report has no link to the transmitting FIU's own Member State, restrictions cannot be imposed.
The article closes with a practical operational requirement for FIUs to maintain a designated contact point for cross-border information requests.
Important points:
- Information received from other FIUs must only be used for the purposes of the FIU's tasks as set out in this Directive.
- The transmitting FIU may impose restrictions and conditions on the use of exchanged information, and the receiving FIU must comply with them.
- Member States are required to ensure each FIU designates at least one contact person or point responsible for receiving information requests from FIUs in other Member States.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Information and documents received pursuant to Articles 29, 31 and 32 shall be used for the accomplishment of the FIU’s tasks as laid down in this Directive. When exchanging information and documents pursuant to Articles 29 and 31, the transmitting FIU may impose restrictions and conditions for the use of that information, except where the transmission consists of a report submitted by an obliged entity pursuant to Article 69(1) of Regulation (EU) 2024/1624, or information derived therefrom, which concerns another Member State where the obliged entity operates through the freedom to provide services and which includes no link to the Member State of the transmitting FIU. The receiving FIU shall comply with those restrictions and conditions.
Member States shall ensure that FIUs designate at least one contact person or point to be responsible for receiving requests for information from FIUs in other Member States.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
obliged entity