EU High-Risk Third Countries (HRTC)
Based on Directive (EU) 2015/849, Article 9, the Commission is mandated to identify high-risk third countries having strategic deficiencies in their regime on anti-money laundering and countering the financing of terrorism.
One of the pillars of the European Union’s legislation to combat money laundering and countering the financing of terrorism is Directive (EU) 2015/849. According to this Directive, banks and other gatekeepers are required to apply enhanced vigilance in business relationships and transactions involving high-risk third countries. The types of enhanced vigilance requirements are basically extra checks and control measures which are defined in article 18a of the Directive.
New delegated act on high-risk third countries
On 18 August 2023, the European Commission adopted a new Delegated Regulation in relation to third countries which have strategic deficiencies in their AML/CFT regimes that pose significant threats to the financial system of the Union (‚high-risk third countries‘). Identification of such countries is a legal requirement stemming from Article 9 of Directive (EU) 2015/849 (4th anti-money laundering Directive) and aiming at protecting the Union financial system and the proper functioning of the internal market. The Delegated Regulation amends Delegated Regulation (EU) 2016/1675.
The following jurisdictions are identified as having strategic deficiencies in their AML/CFT regimes:
High-risk third country | Date of entry into force |
---|---|
Afghanistan | 23 September 2016 |
Barbados | 1 October 2020 |
Burkina Faso | 13 March 2022 |
Cameroon | 18 October 2023 |
Cayman Islands | 13 March 2022 |
Democratic Republic of the Congo | 16 March 2023 |
Democratic People’s Republic of Korea (DPRK) | 23 September 2016 |
Gibraltar | 16 March 2023 |
Haiti | 13 March 2022 |
Iran | 23 September 2016 |
Jamaica | 1 October 2020 |
Jordan | 13 March 2022 |
Mali | 13 March 2022 |
Mozambique | 16 March 2023 |
Myanmar | 1 October 2020 |
Nigeria | 16 July 2023 |
Panama | 1 October 2020 |
Philippines | 13 March 2022 |
Senegal | 13 March 2022 |
South Africa | 16 July 2023 |
South Sudan | 13 March 2022 |
Syria | 23 September 2016 |
Tanzania | 16 March 2023 |
Trinidad and Tobago | 6 March 2018 |
Uganda | 23 September 2016 |
United Arab Emirates | 16 March 2023 |
Vanuatu | 23 September 2016 |
Vietnam | 18 October 2023 |
Yemen | 23 September 2016 |
A consolidated version of the EU list is available (with only measures that already entered into force).
02016R1675 — EN — 18.10.2023 — 010.001
This text is meant purely as a documentation tool and has no legal effect. The Union’s institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
COMMISSION DELEGATED REGULATION (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies (OJ L 254 20.9.2016, p. 1) |
Amended by:
|
|
Official Journal |
||
No |
page |
date |
||
COMMISSION DELEGATED REGULATION (EU) 2018/105 of 27 October 2017 |
L 19 |
1 |
24.1.2018 |
|
COMMISSION DELEGATED REGULATION (EU) 2018/212 of 13 December 2017 |
L 41 |
4 |
14.2.2018 |
|
COMMISSION DELEGATED REGULATION (EU) 2018/1467 of 27 July 2018 |
L 246 |
1 |
2.10.2018 |
|
L 195 |
1 |
19.6.2020 |
||
COMMISSION DELEGATED REGULATION (EU) 2021/37 of 7 December 2020 |
L 14 |
1 |
18.1.2021 |
|
COMMISSION DELEGATED REGULATION (EU) 2022/229 of 7 January 2022 |
L 39 |
4 |
21.2.2022 |
|
COMMISSION DELEGATED REGULATION (EU) 2023/410 of 19 December 2022 |
L 59 |
3 |
24.2.2023 |
|
COMMISSION DELEGATED REGULATION (EU) 2023/1219 of 17 May 2023 |
L 160 |
1 |
26.6.2023 |
|
COMMISSION DELEGATED REGULATION (EU) 2023/2070 of 18 August 2023 |
L 239 |
1 |
28.9.2023 |
COMMISSION DELEGATED REGULATION (EU) 2016/1675
of 14 July 2016
supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies
(Text with EEA relevance)
Article 1
The list of third-country jurisdictions which have strategic deficiencies in their anti-money laundering and countering the financing of terrorism regimes that pose significant threats to the financial system of the Union (‘high-risk third countries’) is laid down in the Annex.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX
High-risk third countries
I. High-risk third countries which have provided a written high-level political commitment to address the identified deficiencies and have developed an action plan with FATF.
No |
High-risk third country (1) |
1 |
Afghanistan |
2 |
Barbados |
3 |
Burkina Faso |
4 |
Cameroon |
5 |
Cayman Islands |
6 |
Democratic Republic of the Congo |
7 |
Gibraltar |
8 |
Haiti |
9 |
Jamaica |
10 |
Jordan |
11 |
Mali |
12 |
Mozambique |
13 |
Myanmar |
14 |
Nigeria |
15 |
Panama |
16 |
Philippines |
17 |
Senegal |
18 |
South Africa |
19 |
South Sudan |
20 |
Syria |
21 |
Tanzania |
22 |
Trinidad and Tobago |
23 |
Uganda |
24 |
United Arab Emirates |
25 |
Vanuatu |
26 |
Vietnam |
27 |
Yemen |
(1)
Without prejudice to the legal position of the Kingdom of Spain with regard to sovereignty and jurisdiction in relation to the territory of Gibraltar. |
II. High-risk third countries which have provided a high-level political commitment to address the identified deficiencies, and have decided to seek technical assistance in the implementation of the FATF Action Plan, which are identified by FATF Public Statement.
No |
High-risk third country |
1 |
Iran |
III. High-risk third countries which present ongoing and substantial money-laundering and terrorist-financing risks, having repeatedly failed to address the identified deficiencies and which are identified by FATF Public Statement.
No |
High-risk third country |
1 |
Democratic People’s Republic of Korea (DPRK) |