Updated 05/02/2025
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Article 9 - Directive 2015/849 (AMLD 4)

Article 9

1.   Third-country jurisdictions which have strategic deficiencies in their national AML/CFT regimes that pose significant threats to the financial system of the Union (‘high-risk third countries’) shall be identified in order to protect the proper functioning of the internal market.

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 64 in order to identify high-risk third countries, taking into account strategic deficiencies, in particular in relation to:

(a)

the legal and institutional AML/CFT framework of the third country, in particular:

(i)

criminalisation of money laundering and terrorist financing;

(ii)

measures relating to customer due diligence;

(iii)

requirements relating to record-keeping; and

(iv)

requirements to report suspicious transactions;

(b)

the powers and procedures of the third country's competent authorities for the purposes of combating money laundering and terrorist financing;

(c)

the effectiveness of the AML/CFT system in addressing money laundering or terrorist financing risks of the third country.

3.   The delegated acts referred to in paragraph 2 shall be adopted within one month after the identification of the strategic deficiencies referred to in that paragraph.

4.   The Commission shall take into account, as appropriate, when drawing up the delegated acts referred to in paragraph 2, relevant evaluations, assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing, in relation to the risks posed by individual third countries.