Source: OJ L, 2024/1624, 19.6.2024

Current language: EN

Article 42 Specific provisions regarding politically exposed persons


Summary What does Article 42 of the Anti-money laundering regulation (AMLR) say?

This article sets out the enhanced due diligence obligations that obliged entities must apply on top of the standard customer due diligence measures from Article 20, specifically when dealing with politically exposed persons (PEPs).

It covers three core additional requirements: getting senior management sign-off, establishing the source of wealth and funds, and conducting enhanced ongoing monitoring.

The article also tasks AMLA with issuing guidelines by 10 July 2027 to help clarify how to identify close associates and assess risk levels across different categories of PEPs, family members, and former PEPs.

Important points:

  • Obtain senior management approval before carrying out any transaction or establishing or continuing a business relationship with a politically exposed person.
  • Establish the source of wealth and source of funds involved in any business relationship or occasional transaction with a politically exposed person, and apply enhanced ongoing monitoring to those relationships.
  • AMLA is required to issue guidelines by 10 July 2027 on identifying close associates and assessing risk levels for different categories of politically exposed persons, including those who have ceased to hold a prominent public function.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

    1. In addition to the customer due diligence measures laid down in Article 20, obliged entities shall apply the following measures with respect to occasional transactions or business relationships with politically exposed persons:

      1. obtain senior management approval for carrying out occasional transactions or for establishing or continuing business relationships with politically exposed persons;

      2. take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or occasional transactions with politically exposed persons;

      3. conduct enhanced, ongoing monitoring of those business relationships.

    1. By 10 July 2027, AMLA shall issue guidelines on the following matters:

      1. the criteria for the identification of persons known to be close associates;

      2. the level of risk associated with a particular category of politically exposed person, family member or person known to be a close associate, including guidance on how such risks are to be assessed where the person is no longer entrusted with a prominent public function for the purposes of Article 45.

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