lexiara

Recital 53

AMLR

(53) Civil society organisations that conduct charitable or humanitarian work in third countries contribute to the Union’s goals of achieving peace, stability, democracy and prosperity. Credit institutions and financial institutions play an important role in ensuring that such organisations can continue to conduct their work, by providing access to the financial system and important financial services that allow development and humanitarian funding to be channelled to developing or conflict areas. While obliged entities should be aware that activities conducted in certain jurisdictions expose them to a higher risk of money laundering or terrorist financing, the operation of civil society organisations in those jurisdictions should not, alone, result in the refusal to provide financial services or termination of such services, as the risk-based approach requires a holistic assessment of risks posed by individual business relationships, and the application of adequate measures to mitigate the specific risks. While credit institutions and financial institutions remain free to decide with whom they engage in contractual relationships, they should also be mindful of their central role in the functioning of the international financial system, and in enabling the movement of funds as defined in Article 4, point (25), of Directive (EU) 2015/2366 or of crypto-assets, for the important development and humanitarian goals that civil society organisations pursue. Such institutions should therefore make use of the flexibility allowed by the risk-based approach to mitigate the risks associated with business relationships in a proportionate manner. Under no circumstances should AML/CFT reasons be invoked to justify commercial decisions as regards prospective or existing clients.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.