Article 59 Independence of the General Board

Summary What does Article 59 of the Anti-money laundering authority regulation (AMLAR) say?

This article establishes the independence principle for the key decision-makers within the Authority's General Board.

It sets a clear two-sided obligation: those performing tasks under this Regulation must act solely in the Union's general interest, free from external direction, while all outside bodies are prohibited from attempting to exert influence over them.

The article rounds this off by requiring the General Board to embed conflict of interest safeguards directly into its own rules of procedure.

Important points:

The Chair of the Authority and all General Board members are required to act independently and in the general interest of the Union, taking instructions from no one.
Member States, Union institutions, and all public or private bodies are prohibited from seeking to influence General Board members in the performance of their tasks.
The General Board must establish practical arrangements for the prevention and management of conflicts of interest within its rules of procedure.

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

1. When carrying out the tasks conferred upon them by this Regulation, the Chair of the Authority and the members of the General Board in supervisory composition and in FIU composition shall act independently and in the general interest of the Union as a whole and shall neither seek nor take instructions from Union institutions, bodies, offices or agencies, nor from any government or any other public or private body.
1. Member States, Union institutions, agencies, offices and bodies, and other public or private bodies shall not seek to influence the members of the General Board in the performance of their tasks.
1. In its rules of procedure, the General Board shall lay down practical arrangements for the prevention and management of conflicts of interest.

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.