Article 19 AMLR – Application of customer due diligence measures
1. Obliged entities shall apply customer due diligence measures in any of the following circumstances:
| (a) | when establishing a business relationship; |
| (b) | when carrying out an occasional transaction of a value of at least EUR 10 000, or the equivalent in national currency, whether that transaction is carried out in a single operation or through linked transactions, or a lower value laid down pursuant to paragraph 9; |
| (c) | when participating in the creation of a legal entity, the setting up of a legal arrangement or, for the obliged entities referred to in Article 3, points (3) (a), (b) or (c), in the transfer of ownership of a legal entity, irrespective of the value of the transaction; |
| (d) | when there is a suspicion of money laundering or terrorist financing, regardless of any derogation, exemption or threshold; |
| (e) | when there are doubts about the veracity or adequacy of previously obtained customer identification data; |
| (f) | when there are doubts as to whether the person they interact with is the customer or person authorised to act on behalf of the customer. |
2. In addition to the circumstances referred to in paragraph 1, credit institutions and financial institutions, with the exception of crypto-asset service providers, shall apply customer due diligence measures when initiating or executing an occasional transaction that constitutes a transfer of funds as defined in Article 3, point (9), of Regulation (EU) 2023/1113, that amounts to a value of at least EUR 1 000, or the equivalent in national currency, whether that transaction is carried out in a single operation or through linked transactions.
3. By way of derogation from paragraph 1, point (b), crypto-asset service providers shall:
| (a) | apply customer due diligence measures when carrying out an occasional transaction that amounts to a value of at least EUR 1 000, or the equivalent in national currency, whether the transaction is carried out in a single operation or through linked transactions; |
| (b) | apply at least customer due diligence measures referred to in Article 20(1), point (a), when carrying out an occasional transaction where the value is below EUR 1 000, or the equivalent in national currency, whether the transaction is carried out in a single operation or through linked transactions. |
4. By way of derogation from paragraph 1, point (b), obliged entities shall apply at least customer due diligence measures referred to in Article 20(1), point (a), when carrying out an occasional transaction in cash amounting to a value of at least EUR 3 000, or the equivalent in national currency, whether the transaction is carried out in a single operation or through linked transactions.
The first subparagraph of this paragraph shall not apply where Member States have in place, pursuant to Article 80(2) and (3), a limit to large cash payments of EUR 3 000 or less, or the equivalent in national currency, except in the cases covered by paragraph 4, point (b) of that Article.
5. In addition to the circumstances referred to in paragraph 1, providers of gambling services shall apply customer due diligence measures upon the collection of winnings, the wagering of a stake, or both, when carrying out transactions amounting to at least EUR 2 000 or the equivalent in national currency, whether the transaction is carried out in a single operation or through linked transactions.
6. For the purposes of this Chapter, obliged entities shall consider as their customers the following persons:
| (a) | in the case of obliged entities as referred to in Article 3, points (3) (e), (f) and (i) and persons trading in high value goods as referred to in Article 3, point (3) (j), in addition to their direct customer, the supplier of goods; |
| (b) | in the case of notaries, lawyers and other independent legal professionals intermediating a transaction and to the extent that they are the only notary or lawyer or other independent legal professional intermediating that transaction, both parties to the transaction; |
| (c) | in the case of real estate agents, both parties to the transaction; |
| (d) | in relation to payment initiation services carried out by payment initiation service providers, the merchant; |
| (e) | in relation to crowdfunding service providers and crowdfunding intermediaries, the natural or legal person both seeking funding and providing funding through the crowdfunding platform. |
7. Supervisors may, directly or in cooperation with other authorities in that Member State, exempt obliged entities from applying, in full or in part, the customer due diligence measures referred to in Article 20(1), points (a), (b) and (c), with respect to electronic money on the basis of the proven low risk posed by the nature of the product, where all of the following risk-mitigating conditions are met:
| (a) | the payment instrument is not reloadable, and the amount stored electronically does not exceed EUR 150 or the equivalent in national currency; |
| (b) | the payment instrument is used exclusively to purchase goods or services provided by the issuer, or within a network of service providers; |
| (c) | the payment instrument is not linked to a payment account and it does not permit any stored amount to be exchanged for cash or for crypto-assets; |
| (d) | the issuer carries out sufficient monitoring of the transactions or business relationship to enable the detection of unusual or suspicious transactions. |
8. Providers of gambling services may fulfil their obligation to apply customer due diligence measures referred to in Article 20(1), point (a), by identifying the customer and verifying the customer’s identity upon entry to the casino or other physical gambling premises, provided that they have systems in place that enable them to attribute transactions to specific customers.
9. By 10 July 2026, AMLA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify:
| (a) | the obliged entities, sectors or transactions that are associated with higher money laundering and terrorist financing risk and to which a value lower than the value set out in paragraph 1, point (b), applies; |
| (b) | the related occasional transaction values; |
| (c) | the criteria to be taken into account for identifying occasional transactions and business relationships; |
| (d) | the criteria to identify linked transactions. |
When developing the draft regulatory technical standards referred to in the first subparagraph, AMLA shall take due account of the inherent levels of risks of the business models of the different types of obliged entities and of the risk assessment at Union level conducted by the Commission pursuant to Article 7 of Directive (EU) 2024/1640.
10. Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in paragraph 9 of this Article in accordance with Articles 49 to 52 of Regulation (EU) 2024/1620.