Source: OJ L, 2024/1624, 19.6.2024

Article 72 Disclosure to FIU

Summary What does Article 72 of the Anti-money laundering regulation (AMLR) say?

This article provides a safe harbour for obliged entities and their personnel when making disclosures to the Financial Intelligence Unit (FIU).

It directly supports the reporting obligations established in Articles 69 and 70 by ensuring that good faith compliance with those obligations cannot be used against the reporting party.

In essence, it removes the legal risk that would otherwise deter entities from reporting suspicions.

Important points:

Disclosing information to the FIU in good faith does not breach any contractual, legislative, regulatory, or administrative restriction on disclosure.
Obliged entities, their directors, and employees face no liability of any kind for such disclosures, even if they lacked full knowledge of the underlying criminal activity.
The protection applies regardless of whether any illegal activity actually took place.

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

Disclosure of information to the FIU in good faith by an obliged entity or by an employee or director of such an obliged entity in accordance with Articles 69 and 70 shall not constitute a breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and shall not involve the obliged entity or its directors or employees in liability of any kind even in circumstances where they were not precisely aware of the underlying criminal activity and regardless of whether illegal activity actually occurred.

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.