Article 35 AMLR – Countermeasures to mitigate money laundering and terrorist financing threats from outside the Union

For the purposes of Articles 29 and 31, the Commission may choose from among the following countermeasures:

(a)

countermeasures that obliged entities are to apply to persons and legal entities involving high-risk third countries and, where relevant, other countries posing a threat to the Union’s financial system consisting in:(i)the application of additional elements of enhanced due diligence;(ii)the introduction of enhanced relevant reporting mechanisms or systematic reporting of financial transactions;(iii)the limitation of business relationships or transactions with natural persons or legal entities from those third countries;

(b)

countermeasures that Member States are to apply with regard to high-risk third countries and, where relevant, other countries posing a threat to the Union’s financial system consisting in:(i)refusing the establishment of subsidiaries or branches or representative offices of obliged entities from the country concerned, or otherwise taking into account the fact that the relevant obliged entity is from a third country that does not have adequate AML/CFT regimes;(ii)prohibiting obliged entities from establishing branches or representative offices in the third country concerned, or otherwise taking into account the fact that the relevant branch or representative office would be in a third country that does not have adequate AML/CFT regimes;(iii)requiring increased supervisory examination or increased external audit requirements for branches and subsidiaries of obliged entities located in the third country concerned;(iv)requiring increased external audit requirements for financial groups with respect to any of their branches and subsidiaries located in the third country concerned;(v)requiring credit institutions and financial institutions to review and amend, or if necessary terminate, correspondent relationships with respondent institutions in the third country concerned.