Source: AMLA final report draft
- Anti-money laundering
AML 6 directive supplemental acts
- ITS on FIU-to-FIU exchanges
Article 4 Conditions for use and dissemination of information exchanged
This is a draft act
This text has been parsed from the AMLA final report draft as published on 3 July 2026. While we run a suite of validations, the automated parsing can result in errors. Also, before it is finally adopted by the Commission, its wording, numbering and references may change, and entire articles might be removed or added.
Summary What does Article 4 of the ITS on FIU-to-FIU exchanges say?
This article governs how Financial Intelligence Units (FIUs) must handle prior consent when exchanging information with one another.
Building directly on Article 3, which establishes the use of templates for information exchanges, Article 4 fills in the rules around how consent for the use and dissemination of that information to third parties must be indicated within those templates.
It sets out three consent options available to a disclosing FIU — general, restricted, or entity-specific — and establishes default selections for each.
A notable carve-out applies to Cross-Border Reports (XBRs), where consent requirements are disapplied entirely, allowing the receiving FIU to act freely under its national legislation.
Important points:
- Indicate prior consent for the use and dissemination of exchanged information within the designated template fields, choosing from general, restricted, or entity-specific consent options.
- General consent is the default pre-selected option; if restricted consent is chosen, reasons must be provided where possible.
- For Cross-Border Reports (XBRs), FIUs are not required to indicate prior consent — the receiving FIU may use and disseminate the information without restriction, in line with its national legislation.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
FIUs shall indicate, in the dedicated sections of the templates, the prior consent required for the use and dissemination of the information exchanged to third parties, specifying any applicable conditions or restrictions where relevant.
Prior consent shall not be indicated in the template used for the forwarding of XBRs; in such cases, the receiving FIU may use and disseminate the information without any restriction or condition, in accordance with its national legislation, in line with Article 34(1), first subparagraph, AMLD.
The disclosing FIU shall indicate in the template the permitted use of the information transmitted as well as the conditions for the use and the dissemination of the information provided by completing the fields available in the dedicated sections of the templates I, II and III. In particular, the templates set out the following consent options that may be granted by the disclosing FIU:
general consent;
restricted consent;
consent to disseminate the information provided to one or more detailed entities.
General consent shall constitute the default option and shall therefore be pre‑selected in the relevant templates. Where option (b) is chosen, specific reasons shall be provided, where possible, subject to any confidentiality restrictions that may prevent their disclosure.
Options (a) and (c) may be subject to additional restrictions and conditions as specified in the formats. The option indicating the absence of any such restrictions shall constitute the default choice and shall therefore be pre‑selected in the relevant template.
The disclosing FIU shall indicate in the template the purpose for which the transmitted information may be used.
In the template for requests for information, the requesting FIU shall indicate the type of consent required for the use and the dissemination of the information to be provided in the response, in accordance with paragraphs 3 and 6 this Article.
Where the requesting FIU seeks consent to disseminate the information provided to a specific authority and for a defined purpose, it shall complete the dedicated ‘Prior assumption of consent’ field in the template. In such cases, the requested consent shall be deemed to be embedded in the reply unless the counterpart expressly indicates otherwise in the response template, where ‘prior assumption consent’ option will be automatically preselected. The authorities to which the information may be disseminated on the basis of this assumption shall be expressly identified in the request and shall correspond to those indicated therein.
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.
Definition
template