AMLD6, Article 31, EU

1. Member States shall ensure that FIUs exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange.

A request shall contain the relevant facts, background information, reasons for the request, links with the country of the requested FIU and how the information sought will be used.

When an FIU receives a report pursuant to Article 69(1), the first subparagraph, point (a), of Regulation (EU) 2024/1624 which concerns another Member State, it shall promptly forward the report, or all the relevant information obtained from it, to the FIU of that other Member State.

2. By 10 July 2026, AMLA shall develop draft implementing technical standards and submit them to the Commission for adoption. Those draft implementing technical standards shall specify the format to be used for the exchange of the information referred to in paragraph 1.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 53 of Regulation (EU) 2024/1620.

3. 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 the relevance and selection criteria when determining whether a report submitted pursuant to Article 69(1), first subparagraph, point (a), of Regulation (EU) 2024/1624 concerns another Member State as referred to in paragraph 1, third subparagraph, of this Article.

Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 49 to 52 of Regulation (EU) 2024/1620.

4. By 10 July 2028, AMLA shall issue guidelines addressed to FIUs on the procedures to be put in place when forwarding and receiving a report pursuant to Article 69(1), the first subparagraph, point (a), of Regulation (EU) 2024/1624 which concerns another Member State, and the follow-up to be given to that report.

5. Member States shall ensure that the FIU to whom the request is made is required to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information referred to in paragraph 1 from another FIU.

When an FIU seeks to obtain additional information from an obliged entity established in another Member State which operates on the territory of its Member State, the request shall be addressed to the FIU of the Member State in whose territory the obliged entity is established. That FIU shall obtain information in accordance with Article 69(1) of Regulation (EU) 2024/1624 and transfer the answers promptly.

6. Member States shall ensure that where an FIU is requested to provide information pursuant to paragraph 1, it shall respond to the request as soon as possible and in any case no later than 5 working days after the receipt of the request if the FIU is either in possession of the requested information or the requested information is held in a database or register which is directly accessible by the requested FIU. In exceptional, duly justified cases, this deadline may be extended to a maximum of 10 working days. Where the requested FIU is unable to obtain the requested information, it shall inform the requesting FIU thereof.

7. Member States shall ensure that in exceptional, justified and urgent cases and, by way of derogation from paragraph 6, where pursuant to paragraph 1 an FIU is requested to provide information which is either held in a database or registry directly accessible by the requested FIU or which is already in its possession, the requested FIU shall provide that information no later than 1 working day after the receipt of the request.

If the requested FIU is unable to respond within 1 working day or cannot access the information directly, it shall provide a justification. Where the provision of the information requested within 1 working day would put a disproportionate burden on the requested FIU, it may postpone the provision of the information. In that case, the requested FIU shall immediately inform the requesting FIU of such postponement. The requested FIU may extend to a maximum of 3 working days the deadline to reply to a request for information.

8. An FIU may refuse to exchange information only in exceptional circumstances where the exchange could be contrary to fundamental principles of its national law. Those exceptional circumstances shall be specified in a way which prevents misuse of, and undue limitations on, the free exchange of information for analytical purposes.

Official source

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