Foren in 'Anti-Money Laundering Regulation (AMLR)'
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Chapter I: General Provisions
Subject Matter and Definitions: Establishes the regulation’s objectives and provides essential definitions for its application.
Scope: Outlines the entities obliged to adhere to the regulation, including exemptions for specific sectors like certain gambling services, professional football clubs, and some financial activities. It also details the process for notifying exemptions.
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Chapter II: Internal Policies, Procedures, and Controls
Internal Procedures: Mandates obliged entities to implement comprehensive internal policies, procedures, and controls to mitigate money laundering and terrorist financing risks, including business-wide risk assessments and compliance functions.
Group Provisions: Sets requirements for group-wide policies, especially for branches and subsidiaries in third countries, and addresses outsourcing.
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Chapter III: Customer Due Diligence
General Provisions: Describes when and how customer due diligence should be applied and the measures that should be taken.
Third-Country Policy: Identifies procedures for dealing with countries that have significant deficiencies or pose a threat to the EU’s financial system.
Simplified and Enhanced Due Diligence: Differentiates between simplified due diligence measures for lower-risk scenarios and enhanced measures for higher-risk situations, including specific protocols for dealing with politically exposed persons and cross-border correspondent relationships, especially in the context of crypto-assets.
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Chapter IV: Beneficial Ownership Transparency
Identification and Obligations: Details the requirements for identifying beneficial owners of various legal entities and arrangements, the obligations of legal entities, trustees, and nominees, and the sanctions for non-compliance.
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Chapter V: Reporting Obligations
Suspicious Activity Reports: Stipulates the obligations of entities to report suspicions of money laundering or terrorist financing and outlines specific provisions for certain categories of obliged entities.
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Chapter VI: Data Protection and Record-Retention
Personal Data and Records: Addresses the processing of personal data within the scope of AML/CFT activities and the retention of records, specifying the duration and conditions under which records must be kept and provided to competent authorities.
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Chapter VII: Mitigating Risks from Anonymous Instruments
Anonymous Instruments: Implements measures to mitigate risks associated with anonymous accounts, bearer shares, and large cash payments.
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Chapter VIII: Final Provisions
Cooperation and Review: Facilitates cooperation between Financial Intelligence Units (FIUs), the European Public Prosecutor’s Office (EPPO), and the European Anti-Fraud Office (OLAF). It also includes provisions for delegated acts, the establishment of a committee, and a review process to ensure the regulation’s effectiveness and adaptation over time.
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Annex I
Lists risk variables for customer due diligence, including customer behavior, business activities, reputation, and connections to specific jurisdictions.
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Annex II
Details lower risk factors, considering customer types, product features, and geographical locations that might indicate reduced money laundering or terrorist financing risks.
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Annex III
Identifies higher risk factors across customer profiles, product types, transaction methods, and countries that may elevate the risk of financial crimes.
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Annex IIIa
Specifies high-value goods like jewelry, vehicles, aircraft, and watercraft, with set value thresholds, highlighting their potential use in money laundering.
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Annex IVa
Defines precious metals and stones, such as gold, platinum, diamonds, and rubies, underlining their relevance in the regulatory context.
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Anti-Money Laundering Regulation (AMLR)
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