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AI Summary of Article 38 Specific measures for individual third-country respondent institutions

Version status: Entered into force | Document consolidation status: No known changes
Version date: 9 July 2024 - 9 July 2027
Version 2 of 3

Article 38 Specific measures for individual third-country respondent institutions

1. Credit institutions and financial institutions shall apply the measures laid down in paragraph 6 of this Article in relation to third-country respondent institutions with which they have a correspondent relationship pursuant to Articles 36 or 37 and in respect of which AMLA issues a recommendation pursuant to paragraph 2 of this Article.

2. AMLA shall issue a recommendation addressed to credit institutions and financial institutions where there are concerns that respondent institutions in third countries fall into any of the following situations:

(a) they are in serious, repeated or systematic breach of AML/CFT requirements;

(b) they have weaknesses in their internal policies, procedures and controls that are likely to result in serious, repeated or systematic breaches of AML/CFT requirements;

(c) they have in place internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences and terrorist financing to which the third-country respondent institution is exposed.

3. The recommendation referred to in paragraph 2 shall be issued where all of the following conditions are met: