On 27 May 2021, the European Banking Authority (EBA) issued a consultation paper regarding draft guidelines that set out how prudential supervisors, AML/CFT supervisors and financial intelligence units should cooperate and exchange information in relation to AML/CFT, in line with Article 117(5) of the CRD IV.
The draft guidelines set out general provisions and practical modalities for the cooperation and information exchange between AML/CFT supervisors, prudential supervisors and financial intelligence units, while respecting the autonomy of their respective roles. The draft guidelines set out requirements for the cooperation and information exchange between the relevant authorities domestically and on a cross‐border basis regardless of the institutional setting of these authorities. The draft guidelines apply to the cooperation and information exchange relating to institutions as defined in point (3) of Article 3(1) of the CRD IV or of financial sector operators as defined in point (1a) of Article 4 of the EBA’s Founding Regulation where these operators are included in the institution’s prudential consolidation. The draft guidelines explain how AML/CFT supervisors, prudential supervisors and financial intelligence units should cooperate and exchange information throughout the supervisory life cycle covering authorisations, on‐going supervision including the risk assessment and the imposition of supervisory measures and sanctions, including the withdrawal of the authorisation.
The deadline for comments on the consultation paper is 27 August 2021. A public hearing will take place on 7 July from 10:00 to 12:00.