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European Law concerning AML/CFT and its implementation in the Czech Republic

An EU Regulation is a binding directly applicable legislative act. It must be applied in its entirety across the EU. The following regulations contain rules relevant to the AML/CFT:

Regulation (EU) 2015/847 of the European Parliament and of the Council

Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006

The regulation sets out rules for payment service providers to accompany transfers of funds by relevant information, such as the name of the payer and payee. This regulation reflects the FATF Recommendation 16. Compliance with this regulations is supervised by the Financial Analytical Office and the Czech National Bank.

Regulation (EU) 2018/1672 of the European Parliament and of the Council

Regulation (EU) 2018/1672 of the European Parliament and of the Council of 23 October 2018 on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005

This regulation, also known as the “Cash Control Regulation”, orders that cash amounting to at least EUR 10 000 entering or leaving the EU must be declared to the Customs Administration. 

Commission Implementing Regulation (EU) 2021/776

Commission Implementing Regulation (EU) 2021/776 of 11 May 2021 establishing templates for certain forms as well as technical rules for the effective exchange of information under Regulation (EU) 2018/1672 of the European Parliament and of the Council on controls on cash entering or leaving the Union provides for templates to facilitate the declaration

This implementing regulation provides templates to facilitate the declaration of cash upon entering or leaving the EU.

Commission Delegated Regulation (EU) 2016/1675

Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies

This delegated regulation sets out the list of high risk third countries. Customers from these countries must be subject to enhanced due diligence.

Directives

An EU Directive is a legislative act that sets out a goal that all EU countries must achieve, however the measures to achieve the goal are up to individual countries. All directives mentioned below have been properly transposed into the Czech law.

Directive (EU) 2015/849 of the European Parliament and of the Council

Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU

This directive, also known as the “5th AML Directive”, is a main piece of legislation in the AML/CTF field.

It is transposed into Czech law by Act No 253/2008 Sb., on the Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism (AML/CFT Act); Act No 37/2021 Sb., on the Register of Beneficial Owners; Act No 300/2016 Sb., on the Central Register of Bank Accounts; Act No 40/2009, Criminal Code; as well as other acts.

Directive (EU) 2019/1153 of the European Parliament and of the Council

Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA

This directive sets out rules facilitating the exchange of information between financial intelligence units, police and the Europol, as well as rules on direct access of Asset Recovery Offices to central registers of bank accounts.

It is transposed into the Czech law by Act No 253/2008 Sb., on the Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism (AML/CFT Act) and Act No 300/2016 Sb., on the Central Register of Bank Accounts, as well as other acts.