Article 24 Hearing of persons subject to proceedings

Summary What does Article 24 of the Anti-money laundering authority regulation (AMLAR) say?

This article establishes procedural fairness protections for entities facing sanctions under Articles 22 and 23.

Before the Executive Board can impose a pecuniary sanction or periodic penalty payment, it must first give the persons under proceedings the opportunity to be heard, and may only base its decisions on findings those persons have had a chance to comment on.

The article also guarantees rights of defence more broadly, including access to the Authority's file, though this access has defined limits.

Important points:

The Executive Board is required to give persons subject to proceedings the opportunity to be heard before imposing any pecuniary sanction or periodic penalty payment.
Persons subject to proceedings are entitled to access the Authority's file, subject to the protection of other parties' business secrets.
Access to the file does not extend to confidential information or internal preparatory documents of the Authority.

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

1. Before taking any decision imposing a pecuniary sanction or periodic penalty payment under Article 22 or 23, the Executive Board shall give the persons subject to the proceedings the opportunity to be heard on the Authority’s findings. The Executive Board shall base its decisions only on findings on which the persons subject to the proceedings have had the opportunity to comment.
1. The rights of defence of the persons subject to the proceedings shall be fully respected during the proceedings. They shall be entitled to have access to the Authority’s file, subject to the legitimate interest of other persons in the protection of their business secrets. The right of access to the file shall not extend to confidential information or internal preparatory documents of the Authority.

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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.