Article 36 Confidentiality of reporting

This article addresses the protection of those who submit suspicious transaction reports to FIUs.

It establishes two connected obligations for Member States: first, to ensure FIUs have mechanisms in place to shield the identity of reporting entities and their staff, and second, to ensure FIUs do not reveal the source of those reports when sharing information with other competent authorities or disseminating analytical findings.

The article connects directly to the reporting framework established under Article 69 of Regulation (EU) 2024/1624 and operates alongside Articles 19 and 22 of this Directive, which govern FIU analysis and information-sharing with competent authorities.

Important points:

• FIUs are required to have mechanisms in place to protect the identity of obliged entities, their employees, agents, and distributors who file suspicious transaction reports.
• FIUs must not disclose the source of a report when responding to information requests from competent authorities or when disseminating the results of their analyses.
• The non-disclosure obligation under this article does not override applicable national criminal procedural law.