Art. 65 Cooperation in relation to auditors | Sixth anti-money laundering (AML 6) directive | AML

This article sits within the broader cooperation framework of the Directive and specifically addresses the relationship between AML/CFT supervisors responsible for auditors, FIUs, and the public authorities that oversee statutory auditors and audit firms under existing EU audit legislation.

It requires these bodies to cooperate closely and share relevant information with one another.

Importantly, it also sets boundaries on how that information can be used and carves out a situation where Member States can block cooperation entirely.

Important points:

Member States are required to ensure that AML supervisors of auditors, FIUs, and audit oversight authorities cooperate closely and exchange relevant information with each other.
Confidential information exchanged under this article may only be used by the receiving authorities for their functions under this Directive or the referenced audit legislation, and only in related administrative or judicial proceedings.
Member States may prohibit cooperation under this article where it would impinge on an ongoing inquiry, FIU analysis, investigation, or proceedings under national criminal or administrative law.

1. Member States shall ensure that supervisors in charge of auditors and, where relevant, public authorities overseeing self-regulatory bodies pursuant to Chapter IV of this Directive, their FIU and the public authorities competent for overseeing statutory auditors and audit firms pursuant to Article 32 of Directive 2006/43/EC of the European Parliament and of the Council(⁴⁵) and Article 20 of Regulation (EU) No 537/2014 of the European Parliament and of the Council(⁴⁶) cooperate closely with each other within their respective competences and provide each other with information relevant for the performance of their respective tasks.
2. Confidential information exchanged pursuant to this Article shall be used by the authorities referred to in the first subparagraph solely for the exercise of their functions within the scope of this Directive or the other Union legal acts referred to in the first subparagraph and in the context of administrative or judicial proceedings specifically related to the exercise of those functions.
1. Member States may prohibit the authorities referred to in paragraph 1 from cooperating when such cooperation, including the exchange of information, would impinge on an ongoing inquiry, FIU’s analysis, investigation or proceedings in accordance with the criminal or administrative law of the Member State where the authorities are located.