Art. 40 Conduct of joint analyses | Anti-money laundering authority regulation (AMLAR) | AML

This article sets out the operational mechanics for how joint analyses between FIUs are initiated, coordinated, and supported by the Authority.

It builds directly on Article 32 of Directive (EU) 2024/1640, with the Authority acting as the central coordinator: setting priority areas annually, receiving notifications from FIUs, assessing relevance, and then facilitating the actual conduct of the analysis.

The article is notably detailed, covering not just the initiation process but also strict timelines, data access rules, and the Authority's technical role, including a hit/no-hit cross-matching system for data from participating FIUs and other Union bodies.

Important points:

The Authority is required to establish methods and criteria for case selection and publish an annual list of priority areas for joint analyses.
FIUs that decline to participate in a joint analysis must provide written reasons to the Authority within five days of receiving the invitation.
Access by Authority staff to case data, and any cross-matching of data using the hit/no-hit system, requires the express consent of all participating FIUs.

1. The Authority shall lay down methods and criteria for the selection and prioritisation of cases relevant for the conduct of joint analyses in accordance with Article 32 of Directive (EU) 2024/1640, to be assisted by the Authority.
1. For the purposes of paragraph 1, the Authority shall draw up, on an annual basis, a list of priority areas for the conduct of joint analyses. That list may be reviewed where new priority areas are identified.
1. Where, pursuant to Article 32 of Directive (EU) 2024/1640 and having regard to the criteria referred to in paragraph 1 of this Article, an FIU of a Member State identifies a potential need to conduct a joint analysis with one or several FIUs in other Member States, it shall notify the Authority thereof.
2. The Authority shall register all notifications received pursuant to the first subparagraph of this paragraph and assess the relevance of the case in accordance with the methods and criteria referred to in paragraph 1. Where the Authority assesses that the case is relevant, it shall, within five days of the initial notification, inform FIUs in all relevant Member States and invite them to take part in the joint analysis. To that end, the Authority shall use secured channels of communication. FIUs in all relevant Member States shall consider taking part in the joint analysis.
1. If at least one other FIU agrees to take part in the joint analysis, the Authority shall ensure that the joint analysis is launched within 20 days of the initial assessment referred to in paragraph 3, second subparagraph, unless the urgency of the matter justifies the imposition of a shorter deadline.
1. Any FIU that declines to participate in the conduct of the joint analysis shall provide the reasons thereof in writing to the Authority, within five days of receipt of the invitation. The Authority shall provide such explanation without delay to the FIU that identified the need for a joint analysis.
1. Upon the express consent of all FIUs participating in the joint analysis, the staff of the Authority supporting the joint analysis shall be granted access to all data pertaining to the subject matter of the case and shall be able to process those data for the purposes of supporting the joint analysis.
2. Where an FIU refuses to grant access to the staff of the Authority to the data pertaining to the subject matter of the case, it shall ensure that the information is otherwise provided in a way that does not impede the staff of the Authority in providing operational support to the joint analysis, nor otherwise effectively hamper their ability to provide such support.
3. Where several FIUs refuse to grant access to the data pertaining to the subject matter of the case, the Authority shall re-assess whether the tasks that its staff would perform justify its support to the joint analysis, and consider recommending that the joint analysis proceeds without its support instead.
1. The Authority shall provide all necessary tools and operational support required for the conduct of the joint analysis, in accordance with the developed methods and procedures. In particular, the Authority shall set up a dedicated, secured channel of communication for the performance of the joint analysis, and shall provide the appropriate technical coordination, including IT support, as well as budgetary and logistical support.
1. Upon the express consent of all FIUs participating in the joint analysis, the staff of the Authority supporting the joint analysis shall be authorised to cross-match, on the basis of a hit/no-hit system, the data of those FIUs with data made available by other FIUs and Union bodies, offices and agencies within their respective mandates.
2. In the case of a hit, the Authority shall share with all FIUs participating in the joint analysis the information that triggered the hit to the extent that the provider of the information authorised its sharing and that the information is necessary for the conduct of the joint analysis.
3. For the purposes of this paragraph, the Authority shall use a system designed for the cross-matching of information relevant for the purposes of preventing money laundering, its predicate offences and terrorist financing in a proportionate manner. That system shall ensure a level of security and confidentiality proportionate to the nature and extent of the information cross-matched. The methods and procedures to be established for the conduct of the joint analyses pursuant to Article 43(1) and the working arrangements to be concluded pursuant to Article 94(2) shall specify the methods for carrying out the cross-matching on the basis of a hit/no-hit system as referred to in the first subparagraph of this paragraph.