Source: OJ L, 2024/1640, 19.6.2024Current language: EN
- Anti-money laundering
Basic legislative acts
- Sixth anti-money laundering (AML 6) directive
Article 39 Provision of information to obliged entities
Summary What does Article 39 of the Sixth anti-money laundering (AML 6) directive say?
This article establishes the information-sharing and outreach obligations that supervisors owe to the obliged entities under their supervision.
It acts as a counterpart to the supervisory oversight obligations found elsewhere in Chapter IV — rather than focusing on what supervisors must demand from obliged entities, it addresses what supervisors must provide to them.
The core idea is that obliged entities should be kept informed of the AML/CFT landscape relevant to their sector, drawing on a wide range of sources including Union-level and national risk assessments, AMLA outputs, and guidance from international organisations.
The article also places a specific and time-sensitive obligation on supervisors regarding sanctions designations.
Important points:
- Supervisors are required to disseminate AML/CFT information to obliged entities under their supervision, covering risk assessments, AMLA guidelines, third-country designations, and sector-relevant typologies.
- Supervisors are required to carry out outreach activities to inform obliged entities of their obligations.
- Supervisors are required to make information on targeted financial sanctions and UN financial sanctions designations available to obliged entities immediately.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Member States shall ensure that supervisors make information on money laundering and terrorist financing available to the obliged entities under their supervision.
The information referred to in paragraph 1 shall include the following:
the risk assessment at Union level conducted by the Commission pursuant to Article 7 and any relevant recommendation by the Commission on the basis of that Article;
national or sectoral risk assessments carried out pursuant to Article 8;
relevant guidelines, recommendations and opinions issued by AMLA in accordance with Articles 54 and 55 of Regulation (EU) 2024/1620;
information on third countries identified pursuant to Chapter III, Section 2, of Regulation (EU) 2024/1624;
any guidance and report produced by AMLA, other supervisors and, where relevant, the public authority overseeing self-regulatory bodies, the FIU or any other competent authority or international organisations and standard setters regarding money laundering and terrorist financing methods which might apply to a sector and indications which may facilitate the identification of transactions or activities at risk of being linked to money laundering and terrorist financing in that sector, as well as guidance on obliged entities’ obligations in relation to targeted financial sanctions.
Member States shall ensure that supervisors carry out outreach activities, as appropriate, to inform the obliged entities under their supervision of their obligations.
Member States shall ensure that supervisors make information on persons or entities designated in relation to targeted financial sanctions and UN financial sanctions available to the obliged entities under their supervision immediately.
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
funds or other assets
Definition
UN financial sanctions relating to proliferation financing
- UNSC Resolution 1718 (2006) and any successor resolutions;
- UNSC Resolution 2231 (2015) and any successor resolutions;
- any other UNSC resolutions imposing asset freezing and prohibitions to make funds or other assets available in relation to the financing of proliferation of weapons of mass destruction;
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
UN financial sanctions
- UNSC Resolution 1267 (1999) and its successor resolutions;
- UNSC Resolution 1373 (2001), including the determination that the relevant sanctions will be applied to the person or entity and the public communication of that determination;
- UN financial sanctions relating to proliferation financing;
Definition
targeted financial sanctions
Definition
money laundering
Definition
self-regulatory body
Definition
third country
Definition
funds
Definition
supervisory authority
Definition
obliged entity