Art. 44 National FIU delegates | Anti-money laundering authority regulation (AMLAR) | AML

This article establishes the mechanism by which national Financial Intelligence Units (FIUs) embed staff directly within the Authority.

It creates a formal delegation arrangement where each Member State's FIU must send one or more experienced staff members to work at the Authority's seat, supporting the FIU-related tasks outlined in Article 5(5).

The article carefully defines the dual nature of these delegates: they physically work at the Authority but remain under the authority of their home FIU and must continue to comply with its security and confidentiality rules.

The General Board in FIU composition plays an oversight role, retaining the ability to reject delegates who do not meet the required standards.

Important points:

Each Member State's FIU is required to delegate one or more staff members to work at the seat of the Authority.
FIU delegates retain their status as staff of their delegating FIU throughout the delegation and must comply with that FIU's security and confidentiality rules.
The Executive Board determines the rights and obligations of FIU delegates in relation to the Authority, after taking into account the opinion of the General Board in FIU composition.

1. The FIU of each Member State shall delegate one or more staff members to the Authority. The regular place of work of the national FIU delegate shall be at the seat of the Authority.
1. FIU delegates shall have the status of staff of the delegating FIU at the time of their appointment and for the entire duration of their delegation. Member States shall appoint their FIU delegate on the basis of a proven high level of relevant and practical experience in the field of FIU tasks. The delegate shall remain under the authority of the delegating FIU and shall comply with the security and confidentiality rules of the delegating FIU, including relevant national law.
1. The General Board in FIU composition may reject a person who has been appointed as FIU delegate if that person does not fulfil the criteria referred to in paragraph 2. The term of office of FIU delegates shall be three years, renewable once with the consent of the delegating FIU.
1. FIU delegates shall support the Authority in carrying out the tasks set out in Article 5(5). To that end, FIU delegates shall be granted, for the duration of the delegation, access to the Authority’s data and information to the extent necessary for the performance of their tasks.
1. FIU delegates shall be granted access to any data accessible by their delegating FIU for the purposes of carrying out the tasks referred to in Article 5(5).
1. The Executive Board shall determine the rights and obligations of FIU delegates in relation to the Authority, taking into account the opinion of the General Board in FIU composition. FIUs shall ensure that their FIU delegate complies with those rights and obligations.