EU's New Anti-Money Laundering Legislation

Key Regulations: AMLR (Regulation), AMLD6 (Directive), AMLAR (Authority Regulation)

Introduction to Anti-Money Laundering Legislation

The EU has introduced new anti-money laundering (AML) legislation to better prevent money laundering and terrorist financing across member states. The aim is to ensure financial security and comply with international standards.

AMLR (Anti-Money Laundering Regulation)

The AMLR is a regulation that applies directly to all EU member states without the need for transposition into national law.

AMLD6 (Anti-Money Laundering Directive 6)

The AMLD6 is a directive, which requires EU member states to transpose its provisions into national law.

AMLAR (Anti-Money Laundering Authority Regulation)

The AMLAR establishes a European supervisory authority to oversee the implementation of AML regulations across the EU.

Comparison of AMLR, AMLD6, and AMLAR

Aspect AMLR (Regulation) AMLD6 (Directive) AMLAR (Authority Regulation)
Type Regulation (Directly applicable) Directive (Transposition required) Regulation (Defines authority)
Scope Cross-border enforcement, UBO registers National level implementation required Supervision and guidance for national authorities
Main Focus Binding, uniform rules Enhanced cooperation, extended offences Creation of a central AML authority
Implementation Directly affects all EU member states National level implementation required Establishment of a European authority

Predicate Offences

The following crimes are considered predicate offences under AMLD6, and are now subject to reporting and enhanced due diligence:

Penalties for Non-Compliance

The penalties for violating AML regulations have been significantly strengthened. These may include:

AML Compliance for Businesses

To ensure compliance, businesses must implement effective internal controls, conduct thorough due diligence, and ensure regular reporting to relevant authorities. Key actions include:

Conclusion

The new EU anti-money laundering regulations (AMLR, AMLD6, and AMLAR) are set to enhance the fight against financial crime and ensure greater protection of the EU's financial system. Businesses must align with these evolving standards to avoid penalties and ensure compliance.