Art. 6 Information sharing within groups whose head office is located outside of the Union | RTS on group-wide minimum requirements and additional measures for third-country subsidiaries and branches | AML

Article 6 addresses a specific scenario that sits alongside Article 5: groups whose head office is located outside the Union.

It governs the two-way flow of AML/CFT information between EU-based obliged entities and third-country group members, acknowledging that legal barriers may exist in either direction.

Where such restrictions arise, the article sets out a clear chain of escalation — from the parent undertaking in the Union, to the home supervisor, and then out to all relevant supervisors across the Union.

Important points:

Assess any Union law or national law restrictions before sharing the information listed in Article 4 with third-country group entities, and ensure you are able to receive such information from them subject to any restrictions under third-country law.
Where information-sharing restrictions or prohibitions are identified in either direction, the parent undertaking in the Union must assess the reasons and take appropriate measures, notifying the home supervisor within 28 calendar days.
The supervisor of the home Member State is required to immediately inform all other supervisors in the Union and the Authority of any such identified restrictions or prohibitions.

1. Without prejudice to the measures set out in Section 4 of this Regulation, for groups whose head office is located outside of the Union, obliged entities established in the Union shall assess any restrictions or prohibitions on the sharing of information listed in Article 4 of this Regulation as set out in Union law or any national laws of the Member States when sharing such information with entities of the group in third countries.
1. Without prejudice to the measures set out in Section 4 of this Regulation, for groups whose head office is located outside of the Union, obliged entities of the group in the Union shall be able to receive the information listed in Article 4 of this Regulation from entities of the group in third countries, subject to any restrictions or prohibitions of sharing of information under the law of the third country.
1. In cases of restrictions or prohibitions to information sharing from obliged entities in the Union to a third country under Union law or any national laws of the Member States as provided in paragraph 1 of this Article or from third countries to obliged entities in the Union as provided in paragraph 2 of this Article, the parent undertaking in the Union shall assess the reasons of such restrictions or prohibitions and take appropriate measures.
2. They shall also notify such assessment and, where appropriate, indicate alternative methods to address the abovementioned restrictions or prohibitions to the supervisor of the home Member State without undue delay and in any case within 28 calendar days from the identification of such restrictions or prohibitions.
3. The supervisor of the home Member State shall inform immediately all the supervisors in the Union and the Authority of such restrictions or prohibitions.