Art. 46 Mediation between FIUs | Anti-money laundering authority regulation (AMLAR) | AML

This article establishes a mediation mechanism through which the Authority can help resolve disagreements between two or more Financial Intelligence Units (FIUs) relating to cooperation and information exchange.

It sits within the broader framework of FIU support and coordination tasks assigned to the Authority, complementing other articles that deal with joint analyses and FIU cooperation.

The article sets out how mediation is triggered, how it is conducted, and what follow-up is required from the FIUs involved.

Crucially, the outcome of any mediation is a non-binding opinion, meaning the Authority cannot compel FIUs to act.

Important points:

The Authority may initiate mediation on its own initiative or upon request, but mediation can only proceed with the agreement of all FIUs concerned.
The mediation procedure is conducted before the General Board in FIU composition, with the heads of the disagreeing FIUs excluded from the deliberations.
Within three months of the non-binding opinion being adopted, the FIUs concerned must report back to the General Board on what measures they have taken in response, or explain why they have not acted.

1. The Authority may facilitate a solution in the case of a disagreement between two or more FIUs regarding individual cases related to cooperation, including the exchange of information, under Directive (EU) 2024/1640. The purpose of such mediation shall be to reconcile divergent points of view between the FIUs and to adopt a non-binding opinion.
1. Where a disagreement cannot be solved by direct contact and dialogue between the FIUs concerned, the Authority shall launch a mediation procedure upon the request of one or more of those FIUs. The Authority may also propose launching a mediation procedure on its own initiative. Mediation shall be conducted only with the agreement of all FIUs concerned.
1. The mediation procedure shall be launched before the General Board in FIU composition. All members of the General Board in FIU composition, except the heads of the FIUs that are concerned by the disagreement, shall seek to reconcile the points of view of the FIUs that are concerned by the disagreement and shall agree on a non-binding opinion. Where relevant, experts from the Commission may be invited to participate in the mediation procedure in an advisory capacity.
1. The General Board in FIU composition shall adopt rules of procedure for mediation procedures, including the applicable deadlines.
1. Where an FIU that is concerned by a disagreement refuses to participate in the mediation procedure, it shall inform the Authority and the other FIUs that are concerned by the disagreement of the reasons for its decision within the period specified in the rules of procedure referred to in paragraph 4.
1. Within three months of the adoption of the non-binding opinion referred to in paragraph 3, the FIUs that are concerned by the disagreement shall report to the General Board in FIU composition regarding the measures that they have taken in response to the opinion or, where they have not taken measures, regarding the reasons why they have not done so.