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Anti-money laundering and combating the financing of terrorism: the AMF applies the guidelines of the European Banking Authority

Anti-money laundering and combating the financing of terrorism: the AMF applies the guidelines of the European Banking Authority

The Autorité des Marchés Financiers (AMF) publishes a policy document to incorporate the guidelines of the European Banking Authority (EBA) on the use of remote customer onboarding solutions.

Context

On 22 November 2022, the EBA published guidelines setting out the steps credit and financial institutions should take when adopting or reviewing solutions to comply with their due diligence obligations in relation to remote customer onboarding in line with applicable anti-money laundering and countering the financing of terrorism (AML/CFT) legislation.

These guidelines also set out the steps credit and financial institutions should take when relying on third parties as well as procedures credit and financial institutions should put in place in relation to customer due diligence (CDD) where the CDD measures are performed remotely. 

Date of application

These guidelines apply from 2 October 2023 to credit institutions and financial institutions as defined in paragraphs 1 and 2 of Article 3 of Directive (EU) 2015/849, which must make every effort to comply with them, in accordance with the provisions of Article 16 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing EBA.

Implementation

The AMF publishes a position incorporating these guidelines, the scope of which is extended to all entities mentioned in Article L. 561-36, 2°, I of the Monetary and Financial Code, which fall under the supervision of the AMF in terms of AML/CFT, including in particular asset management companies, collectives investments and financial investment advisers.

At the same time, to provide support and clarity, the AMF amends its position-recommendation DOC-2019-16 (Guidelines on client due diligence) in order to refer to EBA’s guidelines.