Article 39 Cooperation between the Authority and Financial Intelligence Units

Summary What does Article 39 of the Anti-money laundering authority regulation (AMLAR) say?

This article establishes the Authority's central role in coordinating Financial Intelligence Units (FIUs) across the Union.

It sets out the foundational relationship between the Authority and FIUs, placing the Authority as the hub responsible for ensuring effective and consistent cooperation between them.

This article acts as the gateway to the more detailed FIU-related provisions that follow in the regulation, such as those covering joint analyses and peer reviews.

Important points:

The Authority is responsible for supporting and coordinating the activities of all FIUs across the Union.
Both the Authority and FIUs are subject to a duty of cooperation in good faith and an obligation to exchange information necessary for their respective tasks.
The Authority must maintain dedicated human, financial, and IT resources for FIU-related tasks, and can act as a mediator when one FIU reports a failure to cooperate by another.

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

1. The Authority shall be responsible for ensuring the effective and consistent cooperation between Financial Intelligence Units (‘FIUs’) within the framework of the support and coordination mechanism for FIUs. To that end, the Authority shall support and coordinate the activities of FIUs.
1. The Authority and FIUs shall be subject to a duty of cooperation in good faith, including with regard to joint analyses supported or initiated by the Authority, and to an obligation to exchange information that is necessary to fulfil their respective tasks.
1. The Authority shall have dedicated human, financial and IT resources to support the tasks referred to in Article 5(5) and shall ensure, where necessary, organisational separation of the staff dedicated to those tasks from the staff carrying out the tasks relating to the Authority’s supervisory activities.
2. An FIU may inform the Authority in the case of a failure by another FIU to cooperate. In that case, the Authority shall act as a mediator.

Table of contents

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.