Article 48 Exchange of information in relation to implementation of group-wide policies in third countries

This brief article addresses a specific cross-border compliance problem: what happens when a third country's law prevents obliged entities from implementing the group-wide AML/CFT policies, procedures and controls required under Article 16 of Regulation (EU) 2024/1624.

It creates a mutual information-sharing obligation among supervisors, including AMLA, and opens the door to coordinated action when such legal conflicts arise.

Supervisors are also directed to consider a range of legal obstacles in third countries when making this assessment, such as professional secrecy rules, data protection deficiencies, and other information-sharing constraints.

Important points:

• Supervisors, including AMLA, are required to notify each other when a third country's law blocks the implementation of group-wide AML/CFT policies required under Article 16 of Regulation (EU) 2024/1624.
• Supervisors may take coordinated action to pursue a solution when such conflicts are identified.
• When assessing whether a third country blocks implementation, supervisors must take into account legal constraints including professional secrecy, insufficient data protection levels, and other limits on information exchange.