Source: OJ L, 2024/1620, 19.6.2024

Current language: EN

Article 95 Cooperation with third countries and international organisations


Summary What does Article 95 of the Anti-money laundering authority regulation (AMLAR) say?

This article establishes the framework for the Authority's engagement with the wider international AML/CFT community.

It covers the Authority's ability to develop contacts and enter into administrative arrangements with third-country AML/CFT authorities, international organisations, and third-country administrations, while making clear that such arrangements carry no legal obligations for the Union or its Member States.

The article also positions the Authority as the leading facilitator when multiple Union supervisory authorities and FIUs interact with third-country authorities on matters within the Authority's mandate, and tasks it with contributing to the Union's representation in international fora such as the Financial Action Task Force and the Egmont Group of Financial Intelligence Units.

Important points:

  • The Authority is empowered to enter into administrative arrangements with third-country AML/CFT authorities, but these arrangements do not create legal obligations for the Union or its Member States, and they do not prevent Member States from concluding their own bilateral or multilateral arrangements.
  • The Authority shall take a leading role in facilitating interactions between Union supervisory authorities or FIUs and third-country authorities, where those interactions fall within the scope of the Authority's tasks under Article 5.
  • Supervisory authorities and FIUs are required to make every effort to follow any model administrative arrangements developed by the Authority to promote consistent and effective international cooperation.

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

    1. In order to achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the Union institutions, the Authority may develop contacts and enter into administrative arrangements with AML/CFT authorities in third countries that have regulatory, supervisory and FIU-related competences in the field of AML/CFT as well as with international organisations and third-country administrations. Those arrangements shall not create legal obligations in respect of the Union and its Member States nor shall they prevent Member States and their competent authorities from concluding bilateral or multilateral arrangements with those third countries.

    1. The Authority may develop model administrative arrangements with a view to establishing consistent, efficient and effective practices within the Union and to strengthening international coordination and cooperation in the fight against ML/TF. Supervisory authorities and FIUs shall make every effort to follow such model arrangements.

    1. In cases where the interaction between, on the one hand, several Union supervisory authorities and FIUs with, on the other hand, third-country authorities, concerns matters falling within the scope of the Authority’s tasks as set out in Article 5, the Authority shall have a leading role in facilitating such interaction where necessary. That role of the Authority shall be without prejudice to regular interactions by supervisory authorities and FIUs with third-country authorities.

    1. The Authority shall, within its powers pursuant to this Regulation and to the legislative acts referred to in Article 1(2), contribute to the united, common, consistent and effective representation of the Union’s interests in international fora, including by assisting the Commission in its tasks relating to the Commission’s membership of the Financial Action Task Force and by supporting the work and objectives of the Egmont Group of Financial Intelligence Units.

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