EU Reaches New Provisional Deal on Anti-Money Laundering Rules
February 20, 2024
EU Reaches New Provisional Deal on Anti-Money Laundering RulesFebruary 20, 2024 On 18 January 2024, the European Council and the European Parliament reached provisional agreement on a sweeping package of reforms relating to anti-money laundering (“AML”) and countering the financing of terrorism (“CFT”) legislation. In this article, we take a look at this provisional package of rules and what it means for regulated firms. “Harmonising” of Rules Throughout the EUEU reform of AML and CFT rules has been on the horizon since 2021, when the European Commission proposed a package of legislative proposals including:
The agreement means that all existing rules (currently implemented across Europe by way of domestic legislation pursuant to the EU’s Money Laundering Directives) will be replaced by an EU-level regulation which will have direct effect in each Member State. It is hoped that clearer and more detailed rules relating to aspects of AML regulation such as customer due diligence (“CDD”) and beneficial ownership will lead to better enforcement of the rules and more consistency in how rules are currently implemented across the EU. It remains to be seen whether the application of the rules will result in an increase in the regulatory appetite for enforcement. In addition, a new EU directive will improve the organisation of national AML/CFT systems at a national level within Member States. The directive will contain rules on beneficial ownership registers, national supervisors and the responsibilities of Financial Intelligence Units (“FIUs”). The new regulation and directive, which will form a single EU rulebook, are designed to harmonise rules and bring cohesion to the EU’s AML and CFT framework to safeguard the EU’s financial system from illicit funds generated by terrorist financing and money laundering. What changes will there be?The new rules include the following amendments:
What does this mean for firms?Those operating in the current regulated sector and in the crypto sector, traders of luxury goods and professional football clubs and agents will no doubt look upon these changes with alarm, given the very considerable burden of compliance which sits alongside membership of the regulated sector. This is a significant overhaul of the EU’s AML/CFT toolbox which will require – in due course and when we know more - reviews of existing AML/CFT compliance programmes and frameworks to ensure they remain fit for purpose. In particular, the extent to which any of these changes will find their way to the UK AML Regime remains to be seen, but given the international and interconnected nature of most firms’ business, the impact will be felt far and wide by UK firms too, especially those firms with EU operations. Even without formal changes to UK money laundering regulation, CDD requirements in the UK for firms with an EU element are bound to be affected. Next stepsThe full text of the Regulation and Directive are yet to be finalised but the provisional agreement that has already been agreed means that the text is extremely likely to be approved and come into force. Latest InsightsLatest News
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