Source: OJ L, 2024/1640, 19.6.2024

Current language: EN

Article 51 Cooperation with supervisors in third countries


    1. Member States shall ensure that supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; are able to conclude cooperation agreements providing for cooperation and exchanges of confidential information with their counterparts in third countriesmeans any jurisdiction, independent state or autonomous territory that is not part of the Union and that has its own AML/CFT legislation or enforcement regime;. Such cooperation agreements shall comply with applicable data protection rules and be concluded on the basis of reciprocity and subject to a guarantee of professional secrecy requirements at least equivalent to that referred to in Article 67(1). Confidential information exchanged in accordance with those cooperation agreements shall be used for the purpose of performing the supervisory tasks of those authorities only.

    2. Where the information exchanged originates in another Member State, it shall only be disclosed with the explicit consent of the supervisormeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; which shared it and, where appropriate, solely for the purposes for which that supervisormeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; gave its consent.

    1. For the purposes of paragraph 1, AMLA shall provide such assistance as necessary to assess the equivalence of professional secrecy requirements applicable to the third-country counterpart.

    1. Member States shall ensure that supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; notify any agreement signed pursuant to this Article to AMLA within 1 month of its signature.

    1. By 10 July 2029, AMLA shall develop draft implementing technical standards and submit them to the Commission for adoption. Those draft implementing technical standards shall specify the template to be used for the conclusion of cooperation agreements referred to in paragraph 1.

    2. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 53 of Regulation (EU) 2024/1620.

We're continuously improving our platform to serve you better.

Your feedback matters! Let us know how we can improve.

Found a bug?

Springflod is a Swedish boutique consultancy firm specialising in cyber security within the financial services sector.

We offer professional services concerning information security governance, risk and compliance.

Crafted with ❤️ by Springflod