Art. 75 Exclusion and objection | Anti-money laundering authority regulation (AMLAR) | AML

This article sets out the rules governing conflicts of interest and impartiality for members of the Administrative Board of Review, which is the body established under Article 74 to handle internal reviews of certain Authority decisions.

It establishes the grounds under which a member must be excluded from review proceedings, how that exclusion is triggered, and how parties to proceedings can raise objections against members.

Important points:

Members of the Administrative Board of Review must not participate in review proceedings where they have a personal interest, prior involvement as a representative of a party, or prior involvement in adopting the decision being reviewed.
Any party to the proceedings may object to a member on grounds of partiality, but objections based on a member's nationality are not permitted.
The Administrative Board of Review decides on any exclusion without the participation of the member concerned, who is replaced by their alternate for that decision.

1. The members of the Administrative Board of Review shall not take part in any review proceedings if they have any personal interest in the proceedings, if they have previously been involved as representatives of one of the parties to the proceedings, or if they participated in the adoption of the decision under review.
1. If, for one of the reasons listed in paragraph 1 or for any other reason, a member of the Administrative Board of Review considers that he or she is not to take part in a review proceeding, he or she shall inform the Administrative Board of Review accordingly.
1. Any party to the review proceedings may object to any member of the Administrative Board of Review on any of the grounds listed in paragraph 1, or if the member is suspected of partiality. Any such objection shall not be admissible if the party to the review proceedings, while being aware of a ground for objecting, has taken a procedural step. No objection shall be permitted to be made based on the nationality of members.
1. The Administrative Board of Review shall decide on the action to be taken in the cases referred to in paragraphs 2 and 3 without the participation of the member concerned. For the purposes of taking that decision, the member concerned shall be replaced on the Administrative Board of Review by his or her alternate.