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Cooperation with the European Supervisory Authorities
1. The Authority shall establish and maintain close cooperation with the ESAs, in particular when developing draft regulatory or implementing technical standards, guidelines or recommendations within the remit of their respective tasks. 2. By 27 June 2025, the Authority shall conclude a memorandum of understanding with the ESAs setting out how they intend to cooperate in the performance of their tasks under Union law.
Cooperation with non-AML/CFT authorities
1. The Authority shall cooperate and exchange information with non-AML/CFT authorities and, on a need-to-know and confidential basis, with other national authorities and bodies competent for ensuring compliance with Directives 2009/110/EC, 2009/138/EC, 2014/17/EU, 2014/65/EU and (EU) 2015/2366, and with the ESAs, within the boundaries of their respective mandates. 2. The Authority shall conclude a memorandum of understanding with the prudential authorities as defined in Article 4(1), point (40), of Regulation (EU) No 575/2013, the ESAs and the other national authorities competent for ensuring compliance with Regulation (EU) 2023/1114, setting out in general terms how they will cooperate and exchange information in the performance of their supervisory tasks under Union law in relation to selected and non-selected obliged entities. Where it deems it necessary, the Authority may also conclude a memorandum of understanding with any of the other authorities or bodies referred to in paragraph 1 setting out in general terms how they will cooperate and exchange information in the performance of their supervisory tasks under Union law in relation to selected and non-selected obliged entities. 3. By 27 June 2025, the Authority and the ECB shall conclude a memorandum of understanding setting out the practical modalities for cooperation and for exchanging information in the performance of their respective tasks under Union law. 4. The Authority shall ensure effective cooperation and information exchange between all supervisory authorities in the AML/CFT supervisory system and the relevant authorities and bodies referred to in paragraph 1, including with regard to access to any information and data in the central AML/CFT database referred to in Article 11.
Partnerships for information sharing in the field of AML/CFT
1. Where relevant for the fulfilment of the tasks referred to in Chapter II, the Authority may set up cross-border partnerships for information sharing, in accordance with fundamental rights and judicial procedural safeguards, or participate in partnerships for information sharing established in one or across several Member States with the objective of supporting the prevention and combating of money laundering, its predicate offences and terrorist financing. Participation of the Authority in an already existing partnership shall be subject to the agreement of the authorities that have established such a partnership. 2. Where the Authority sets up a cross-border partnership for information sharing, it shall ensure that the partnership complies with the requirements of Article 75(3), (4) and (5) of Regulation (EU) 2024/1624. In addition to obliged entities, the Authority may invite the competent authorities referred to in Article 2(1), point (44), points (a), (b) and (c), of that Regulation, as well as Union bodies, offices and agencies which have a role in the prevention and combating of money laundering, its predicate offences and terrorist financing, to take part in the partnership, where such participation is relevant for the fulfilment of their tasks and powers. Upon the unanimous consent of the participating members, other third parties may be invited to participate, on an occasional basis, in meetings of the partnership, where relevant.
Cooperation with OLAF, Europol, Eurojust and the EPPO
1. The Authority may conclude working arrangements with Union institutions, Union decentralised agencies and other Union bodies, acting in the field of law enforcement and judicial cooperation. Those working arrangements may be of a strategic, operational or technical nature, and shall in particular aim to facilitate cooperation and the exchange of information between the parties thereto. The working arrangements shall neither form the basis for allowing the exchange of personal data nor bind the Union or its Member States. 2. The Authority shall establish and maintain a close relationship with OLAF, Europol, Eurojust, and the EPPO. To that end, the Authority shall conclude separate working arrangements with OLAF, Europol, Eurojust and the EPPO setting out the details of their cooperation. The relationship shall aim in particular to ensure the exchange of operational and strategic information and trends in relation to ML/TF threats facing the Union. 3. In order to promote and facilitate smooth cooperation between the Authority and Europol, Eurojust and the EPPO, the working arrangements with them shall in particular provide for the possibility of posting liaison officers at each other’s premises, and lay down conditions to that end.
Cooperation with third countries and international organisations
1. In order to achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the Union institutions, the Authority may develop contacts and enter into administrative arrangements with AML/CFT authorities in third countries that have regulatory, supervisory and FIU-related competences in the field of AML/CFT as well as with international organisations and third-country administrations. Those arrangements shall not create legal obligations in respect of the Union and its Member States nor shall they prevent Member States and their competent authorities from concluding bilateral or multilateral arrangements with those third countries. 2. The Authority may develop model administrative arrangements with a view to establishing consistent, efficient and effective practices within the Union and to strengthening international coordination and cooperation in the fight against ML/TF. Supervisory authorities and FIUs shall make every effort to follow such model arrangements. 3. In cases where the interaction between, on the one hand, several Union supervisory authorities and FIUs with, on the other hand, third-country authorities, concerns matters falling within the scope of the Authority’s tasks as set out in Article 5, the Authority shall have a leading role in facilitating such interaction where necessary. That role of the Authority shall be without prejudice to regular interactions by supervisory authorities and FIUs with third-country authorities. 4. The Authority shall, within its powers pursuant to this Regulation and to the legislative acts referred to in Article 1(2), contribute to the united, common, consistent and effective representation of the Union’s interests in international fora, including by assisting the Commission in its tasks relating to the Commission’s membership of the Financial Action Task Force and by supporting the work and objectives of the Egmont Group of Financial Intelligence Units.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.