Germany

Topic: Anti-Money Laundering

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Commission Delegated Regulation amending the list of high risk jurisdictions for 4MLD published in OJ

On 19 June 2020, there was published in the Official Journal of the EU (OJ) the Delegated Regulation that the European Commission adopted on 7 May 2020 amending Delegated Regulation (EU) 2016/1675 which supplements the Fourth Anti-Money Laundering Directive by identifying those third countries that have strategic deficiencies in anti-money laundering and countering the financing … Continue Reading

Commission to enhance AML and CTF framework in to-be-published Action Plan

The European Commission intends to propose a number of far-reaching measures in order to increase the EU’s efforts to combat money laundering and terrorist financing. After the deadline for Member States to transpose the Fifth Anti-Money Laundering Directive (5MLD)) into national law on 10 January 2020, the Commission is due to publish a new Action … Continue Reading

What are the top AML and sanctions compliance challenges in 2020?

We recently completed our global anti-money laundering (AML) and sanctions compliance survey that involved discussions with senior financial services executives. Our global analysis covers 375 participating financial institutions from 77 countries. Our initial analysis indicates several key trends: regulatory pressure on AML and sanctions compliance was significant in 2019 and is expected to continue increasing … Continue Reading

Crypto Assets: Germany introduces new regulatory regime

Germany has adopted a new regulatory regime for crypto assets in connection with the implementation of the Fifth Anti-Money Laundering Directive (AMLD5). On 29 November 2019, the second chamber of the German parliament (Bundesrat) approved the “Act on the Implementation of the Amendment Directive to the Fourth EU Money Laundering Directive” (Gesetz zur Umsetzung der Änderungs­richt­linie … Continue Reading

Commission sends AML letters of formal notice to 8 member states

On 12 February 2020, the European Commission (Commission) published a press release outlining the key infringement decisions it has taken in February 2020. Among other things, the Commission has sent letters of formal notice to 8 member states urging them to transpose the Fifth Anti-Money Laundering Directive (5MLD). The member states are: Cyprus, Hungary, the … Continue Reading

Commission consults on strengthening AML framework

On 12 February 2020, the European Commission (Commission) published a roadmap for a proposed communication highlighting the areas in which it intends to focus on to address deficiencies in the EU’s anti-money laundering (AML) framework. The Commission published an analysis of money laundering scandals in July 2019 which illustrated the cross-border nature of money laundering, … Continue Reading

EBA report on competent authorities approach to AML/CTF banking supervision

On 5 February 2020, the European Banking Authority (EBA) published a report on competent authorities’ approaches to anti-money laundering and countering the financing of terrorism (AML/CFT) supervision of banks. The report summarises the findings from the first year of ongoing reviews of all competent authorities responsible for AML/CFT supervision of banks in the EU. In … Continue Reading

Global anti-money laundering and sanctions compliance survey

An increasingly globalised business environment, together with technological innovation, political uncertainty and ongoing regulatory change, present a number of challenges for financial institutions when it comes to protecting themselves against financial crime. Our global anti-money laundering and sanctions compliance survey will explore how financial institutions across the globe are managing their compliance programs in light of the … Continue Reading

ESAs final report on joint guidelines on cooperation and information exchange between national supervisors under 4MLD

On 16 December 2019, the Joint Committee of the European Supervisory Authorities (ESAs) published a final report containing joint guidelines on cooperation and information exchange between national competent authorities (NCAs) supervising credit and financial institutions under the Fourth Anti-Money Laundering Directive (4MLD). The guidelines establish colleges of anti-money laundering/counter terrorist financing (AML/CTF) supervisors for the … Continue Reading

Council of the EU adopts conclusions on strategic AML and CTF priorities

On 5 December 2019, the Council of the EU published an outcome of proceedings document setting out the conclusions on strategic priorities on anti-money laundering (AML) and countering terrorist financing (CTF). These conclusions were adopted by the Council in its configuration as the Economic and Financial Affairs Council at its 3736th meeting held on 5 … Continue Reading

Money laundering prevention within the German real estate sector

In recent years, Germany has increasingly focused on implementing regulations and provisions linked to money laundering prevention. In doing so, Germany has followed EU requirements including the recently passed 5th Anti-Money Laundering Directive (Directive [EU] 2018/843 of 30 May 2018). Whereas both EU and German legislation have been traditionally focused on the prevention of the … Continue Reading

FATF consults on draft guidance on digital identity

On 31 October 2019, the Financial Action Task Force (FATF) launched a consultation on draft guidance on digital identity (Digital ID). The purpose of the consultation is to develop guidance to clarify how Digital ID can be used for customer due diligence (CDD). The FATF intends to use the guidance to assist governments, regulated entities … Continue Reading

FATF public statement DPRK and Iran

On 18 October 2019, the Financial Action Task Force (FATF) issued a statement concerning: Democratic People’s Republic of Korea (DPRK). The FATF reaffirms its 25 February 2011 call on its members and urges all jurisdictions to advise their financial institutions to give special attention to business relationships and transactions with the DPRK, including DPRK companies, … Continue Reading

FATF update

On 18 October 2019, the Financial Action Task Force (FATF) issued a statement confirming that as part of its mutual evaluations of its members anti-money laundering and counter terrorist financing (AML / CFT) regimes it will assess the implementation of its standards to address the money laundering and terrorist financing of virtual assets. FATF members … Continue Reading

ESAs highlight money laundering and terrorist financing risks in the EU financial sector

On 4 October 2019, the Joint Committee of the European Supervisory Authorities (ESAs) published its second opinion on the risks of money laundering and terrorist financing affecting the EU’s financial sector. In drafting the opinion, the ESAs took into account the views expressed by Member State competent authorities (NCAs) through a questionnaire related to money … Continue Reading

Council of the EU Presidency invites discussion on AML/CTF issues

On 30 September 2019, the Council of the EU published a Presidency Issues Note  on its strategic priorities on anti-money laundering (AML) and counter-terrorist financing (CTF). In the note, the Presidency outlines several issues likely to continue impeding the effectiveness of the European AML/CTF framework. These concerns were raised earlier last month when the European … Continue Reading

MEP resolution on implementation of anti-money laundering rules

On 19 September 2019, Members of the European Parliament (MEPs) passed a resolution calling for anti-money laundering (AML) rules to be better coordinated and implemented in a timely manner. The resolution was adopted with 530 votes to 14 and 104 abstentions. The date of transposition of the Fourth Anti-Money Laundering Directive was June 2017, and … Continue Reading

EBA speech on AML and CTF powers

On 5 September 2019, the European Banking Authority (EBA) published a speech given by Jose Manuel Campa, EBA Chair, on the EBA’s current and future anti-money laundering (AML) and counter terrorist financing (CTF) powers. Mr Campa discusses the limitation of the EBA’s existing powers in relation to enforcing its standards and guidelines and to promote … Continue Reading

Commission Communication and four reports on addressing money laundering and terrorist financing risks

On 24 July 2019, the European Commission adopted a Communication and four reports that are intended to support European and Member State competent authorities in better addressing money laundering and terrorist financing (ML / TF) risks. The Communication, Towards a better implementation of the EU’s anti-money laundering and countering the financing of terrorism framework, provides … Continue Reading

EBA opinion on the link between money laundering and terrorist financing concerns and prudential objectives

On 24 July 2019, the European Banking Authority (EBA) published an opinion on the link between money laundering and terrorist financing (ML / TF) concerns and prudential objectives. The opinion is addressed to prudential supervisors of Member State competent authorities. In the opinion the EBA invites prudential supervisors to communicate to institutions’ management bodies and … Continue Reading

FATF Guidance for a risk-based approach to virtual assets and virtual asset service providers

On 21 June 2019 the Financial Action Task Force (FATF) adopted its 2019 Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers (the Guidance). The Guidance updates the 2015 version of the guidance and accompanies the FATF’s June 2019 Interpretive Note to Recommendation 15 on New Technologies (INR 15) that clarifies … Continue Reading

FATF Recommendations updated – interpretative note on virtual assets

On 21 June 2019, the Financial Action Task Force (FATF) updated its Recommendations by adding an interpretative note to Recommendation 15 which sets out in detail the application of the FATF Standards to virtual asset activities and service providers. The interpretative note establishes binding measures relevant for both countries and virtual asset service providers (as … Continue Reading

FATF Report to G20 leaders’ summit

On 27 June 2019, the Financial Action Task Force (FATF) published its report to the G20 leaders’ summit. The report provides an overview of the FATF’s recent and future work.   The FATF’s future work includes:   a review of countries’ and providers’ implementation of the requirements applicable to virtual assets and virtual asset service … Continue Reading

AMLD5: European Commission considers new methodology to identify high-risk third countries

Following the rejection by the Council of the European Union (“the Council”) on 07 March 2019 of a draft list of 23 high-risk countries, as proposed in February 2019 by the European Commission in accordance with Article 9 of Directive (EU) 2018/843 on the prevention of the use of the financial system for the purposes … Continue Reading
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