Article 50 › 10

Non-financial supervisors may allow their counterparts in third countries to participate in AML/CFT supervisory colleges as observers in the case referred to in paragraph 1, point (b), or where Union obliged entities in the non-financial sector or groups thereof operate branches and subsidiaries in those third countries, provided that: (a) the third-country counterparts submit a request for participation and the members of the college agree with their participation, or the members of the college agree to invite those third-country counterparts; (b) Union data protection rules concerning data transfers are complied with; (c) the third-country counterparts sign the written agreement referred to in paragraph 7 and share within the college the relevant information they possess for the supervision of the obliged entity or of the group; (d) the information disclosed is subject to a guarantee of professional secrecy requirements at least equivalent to that referred to in Article 67(1) and is used solely for the purposes of performing the supervisory tasks of the participating non-financial supervisors or of the counterparts in third countries. Member States shall ensure that non-financial supervisors in charge of the parent undertaking of a group or of the head office of an obliged entity or, in the cases covered by paragraph 3, of the college carry out an assessment of whether the conditions of the first subparagraph of this paragraph are met and submit it to the permanent members of the college. That assessment shall be carried out prior to the third-country counterpart being allowed to join the college and may be repeated as necessary thereafter. The non-financial supervisors in charge of the assessment may seek the support of AMLA for the performance of that assessment.

1 national measure recorded under this provision, in 1 form — sign in to view the analysis.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04