Art. 61 General provisions | Sixth anti-money laundering (AML 6) directive | AML

This article focuses on domestic and cross-border cooperation between the wide range of authorities involved in AML/CFT efforts.

It connects closely to Article 8, which deals with national risk assessments, by requiring that cooperation mechanisms support Member States in fulfilling those obligations.

The article establishes that national authorities must have effective mechanisms to coordinate internally, that beneficial ownership information must flow freely to counterpart authorities in other Member States and third countries, and that Member States cannot erect barriers to information sharing — listing specific grounds on which a refusal to assist is prohibited.

Important points:

Member States are required to ensure that all relevant domestic authorities — including FIUs, supervisors, AMLA, policy makers, and tax authorities — have effective mechanisms to cooperate and coordinate on AML/CFT policy and implementation.
Competent authorities are required to share beneficial ownership information with counterpart authorities in other Member States or third countries in a timely manner and free of charge.
Member States are prohibited from allowing competent authorities to refuse requests for assistance on specified grounds, including that the request involves tax matters, that an investigation is underway in the requested Member State (unless assistance would impede it), or that the requesting authority has a different nature or status.

1. Member States shall ensure that policy makers, the FIUs, supervisors, including AMLA, and other competent authorities, as well as tax authorities, have effective mechanisms to enable them to cooperate and coordinate domestically concerning the development and implementation of policies and activities to combat money laundering and terrorist financing and to prevent the non-implementation and evasion of targeted financial sanctions, including with a view to fulfilling their obligations under Article 8.
1. With regard to beneficial ownership information obtained by competent authorities pursuant to Chapter IV of Regulation (EU) 2024/1624 and Section 1 of Chapter II of this Directive, Member States shall ensure that competent authorities are able to provide such information to the counterpart competent authorities of other Member States or third countries in a timely manner and free of charge.
1. Member States shall not prohibit or place unreasonable or unduly restrictive conditions on the exchange of information or assistance between competent authorities and their counterparts for the purposes of this Directive. Member States shall ensure that competent authorities do not refuse a request for assistance on the grounds that:
  1. the request is also considered to involve tax matters;
  2. national law requires obliged entities to maintain secrecy or confidentiality, except in those cases where the relevant information that is sought is protected by legal privilege or where legal professional secrecy applies, as provided for in Article 70(2) of Regulation (EU) 2024/1624;
  3. there is an inquiry, investigation, proceeding or FIU analysis underway in the requested Member State, unless the assistance would impede that inquiry, investigation, proceeding or FIU analysis;
  4. the nature or status of the requesting counterpart competent authority is different from that of requested competent authority.