Source: OJ L, 2024/1620, 19.6.2024

Current language: EN

Article 18 General investigations


Summary What does Article 18 of the Anti-money laundering authority regulation (AMLAR) say?

This article grants the Authority investigatory powers over selected obliged entities and associated persons.

It sits alongside Article 19, which covers on-site inspections, and builds on Article 17, which establishes who is subject to the Authority's information requests.

Together, these articles form the Authority's toolkit for enforcing compliance during direct supervision.

Article 18 specifically covers off-site investigatory tools, ranging from document requests to interviews, and also addresses what happens when someone obstructs an investigation.

Important points:

  • Selected obliged entities must submit to investigations launched by a formal decision of the Authority, covering documents, records, IT systems, algorithmic decision-making data, and oral or written explanations.
  • The Authority may interview any person who consents to being interviewed, beyond those formally referenced in Article 17.
  • Financial supervisors are required to provide assistance, including facilitating access to business premises, when a person obstructs the conduct of an investigation.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

    1. In order to carry out the tasks conferred on it by this Regulation, the Authority may conduct all necessary investigations of any selected obliged entity or any natural person employed by it or any legal person belonging to it, established or located in a Member State.

    2. To that end, the Authority may:

      1. require the submission of documents;

      2. examine the books and records of the persons concerned and take copies or extracts from the books and records;

      3. obtain access to internal audit reports, certification of accounts, and any software, databases, IT tools or other electronic means of recording information;

      4. obtain access to documents and information relating to decision-making processes, including those developed by algorithms or other digital processes;

      5. obtain written or oral explanations from any person referred to in Article 17 or their representatives or staff;

      6. interview any other person who consents to being interviewed for the purpose of collecting information relating to the subject matter of an investigation.

    1. The persons referred to in Article 17 shall be subject to investigations launched on the basis of a decision of the Authority. When a person obstructs the conduct of the investigation, the financial supervisor of the Member State where the relevant premises are located shall provide, in compliance with national law, the necessary assistance, including facilitating the access by the Authority to the business premises of the natural and legal persons referred to in Article 17, so that the powers listed in paragraph 1 of this Article can be exercised.

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