Source: OJ L, 2024/1640, 19.6.2024Current language: EN
- Anti-money laundering
Basic legislative acts
- Sixth anti-money laundering (AML 6) directive
Article 34 Consent to further dissemination of information exchanged between FIUs
Summary What does Article 34 of the Sixth anti-money laundering (AML 6) directive say?
This article governs the purpose limitation and consent requirements that apply to information exchanged between FIUs under Articles 29, 31, and 32.
It establishes that information shared between FIUs can only be used for the purpose it was originally sought or provided, and that any onward dissemination to other authorities requires the prior consent of the FIU that originally provided it.
The article also sets out the narrow grounds on which an FIU may refuse consent, and creates a transparency mechanism requiring Member States to notify the Commission of any exceptional national law circumstances that would justify withholding consent.
Important points:
- FIUs receiving exchanged information must obtain prior consent from the providing FIU before disseminating it to any other authority, agency, or department.
- An FIU may only refuse consent to disseminate information where doing so would fall outside its AML/CFT provisions, impair an investigation, or conflict with fundamental principles of its national law, and any refusal must be explained.
- Member States are required to notify the Commission by 10 July 2028 of the exceptional national circumstances that could justify refusing consent, and the Commission will publish a consolidated list of those notifications.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Member States shall ensure that the information exchanged pursuant to Articles 29, 31 and 32 is used only for the purpose for which it was sought or provided and that any dissemination of that information by the receiving FIU to any other authority, agency or department, or any use of this information for purposes other than those originally approved, is made subject to the prior consent by the FIU providing the information.
The requirements of the first subparagraph of this paragraph shall not apply where the information provided by the FIU consists of a report submitted by an obliged entity pursuant to Article 69(1) of Regulation (EU) 2024/1624 which concerns another Member State where the obliged entity operates through the freedom to provide services and which has no link to the Member State of the FIU providing the information.
Member States shall ensure that the requested FIU’s prior consent to disseminate the information to competent authorities is granted promptly and to the largest extent possible, regardless of the type of predicate offences and whether or not the predicate offence has been identified. The requested FIU shall not refuse its consent to such dissemination unless this would fall beyond the scope of application of its AML/CFT provisions or could lead to impairment of an investigation, or would otherwise not be in accordance with fundamental principles of national law of that Member State. Any such refusal to grant consent shall be appropriately explained. The cases where FIUs may refuse to grant consent shall be specified in a way which prevents misuse of, and undue limitations to, the dissemination of information to competent authorities.
By 10 July 2028, Member States shall notify to the Commission the exceptional circumstances in which dissemination would not be in accordance with fundamental principles of national law referred to in paragraph 2. Member States shall update such notifications where changes to the exceptional circumstances identified at national level occur.
The Commission shall publish the consolidated list of notifications referred to in the first subparagraph.
By 10 July 2029, the Commission shall submit a report to the European Parliament and to the Council assessing whether the exceptional circumstances notified pursuant to paragraph 3 are justified.
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
supervisor
Definition
property
Definition
competent authority
- a Financial Intelligence Unit (FIU);
- a supervisory authority;
- a public authority that has the function of investigating or prosecuting money laundering, its predicate offences or terrorist financing, or that has the function of tracing, seizing or freezing and confiscating criminal assets;
- a public authority with designated responsibilities for combating money laundering or terrorist financing;
Definition
terrorist financing
Definition
money laundering
Definition
self-regulatory body
Definition
third country
Definition
supervisory authority
Definition
obliged entity