Art. 72 Establishment and composition of the Administrative Board of Review | Anti-money laundering authority regulation (AMLAR) | AML

This article establishes the Administrative Board of Review, an internal oversight body within the Authority whose purpose is to review certain decisions made by the Authority.

Specifically, it reviews decisions taken under the Authority's powers relating to administrative measures, pecuniary sanctions, periodic penalty payments, and supervisory fees.

The review is limited to checking whether those decisions conform — both procedurally and substantively — with this Regulation.

The article also sets out the composition requirements for this body and its voting threshold.

Important points:

The Authority is required to establish an Administrative Board of Review to conduct internal administrative reviews of decisions made under Articles 21, 22, 23 and 77.
The Board must consist of five independent individuals with AML/CFT expertise — current staff of the Authority, supervisory authorities, FIUs, or other involved national or Union bodies are explicitly excluded.
The Board reaches decisions by a majority of at least three of its five members.

1. The Authority shall establish an Administrative Board of Review for the purposes of carrying out an internal administrative review of the decisions taken by the Authority in the exercise of the powers listed in Articles 21, 22, 23 and 77. The scope of the internal administrative review shall pertain to the procedural and substantive conformity of such decisions with this Regulation.
1. The Administrative Board of Review shall be composed of five individuals of high repute, having a proven record of relevant knowledge and professional experience, including supervisory experience in the area of AML/CFT, excluding current staff of the Authority, as well as current staff of AML/CFT supervisory authorities and FIUs or other national or Union institutions, bodies, offices and agencies who are involved in the carrying out of the tasks conferred on the Authority by this Regulation. The Administrative Board of Review shall have sufficient resources and expertise to assess the exercise of the powers of the Authority under this Regulation.
1. The Administrative Board of Review shall decide on the basis of a majority of at least three of its five members.