2013年-EBA欧洲银行管理局_PSD_Supervisory_Cooperation_Protocol_34页_780kb

ESA Joint Committee Sub-Committee on Anti-Money Laundering (AML) Cooperation Protocol Summary

1. Objective

The Supervisory Cooperation Protocol between the Home Supervisor and Host Supervisor aims to:

• Facilitate the passport notification and registration process for agents and branches of payment institutions in the Host Member State.
• Support effective supervision of payment institutions through their agents and branches in the Host Member State, in accordance with:
  • Articles 17, 21, and 25 of the PSD (Payment Services Directive).
  • Article 37(1) of the 3rd AMLD (Anti-Money Laundering Directive).

It is intended to be a permanent and flexible framework for cooperation, not replacing national laws, and both supervisors retain their powers under national legislation.

2. Key Definitions

• Agent: A natural or legal person acting on behalf of a payment institution in providing payment services.
• AML/CTF: Anti-money laundering and combating terrorist financing.
• Branch: A place of business (not the head office) of a payment institution in the Host Member State.
• Home Member State: The state where the payment institution is registered or has its head office.
• Host Member State: The state where the payment institution has an agent or branch.
• PSD: Directive 2007/64/EC on payment services in the internal market.
• 3rd AMLD: Directive 2005/60/EC on preventing the use of the financial system for money laundering and terrorist financing.

3. Principles of Cooperation

The protocol is guided by:

• Alignment with relevant provisions of the 3rd AMLD and PSD (see Annex 1).
• The CEBS and CEIOPS High Level Principles for supervisory colleges.
• The Common Understanding (Section 4).
• Use of Guidelines on PSD Passport Notifications (Annex 2).
• Timely and transparent communication of information and opinions in English or another agreed language.

4. Common Understanding

• The 3rd AMLD applies to payment service providers, including those operating through agents and branches.
• The Home Member State principle under the PSD allows payment institutions to operate across the EU without additional authorizations in the Host Member State.
• Money remittance companies are particularly vulnerable to AML/CTF risks due to handling large cash flows.
• Payment institutions are fully liable for the actions of their agents and branches.
• The PSD and 3rd AMLD require payment institutions to comply with local laws in the Host Member State.
• Agents are not considered financial institutions under the 3rd AMLD, but may still be subject to AML/CTF obligations through contractual agreements with the payment institution.
• A central contact point or compliance officer may be established to oversee agent compliance, and this is encouraged by the EC Staff Working Paper, provided it is proportionate.

5. Passport Notification and Registration

• The Payment Institution must notify the Home Supervisor of its intention to operate in the Host Member State through agents or branches.
• The Home Supervisor must inform the Host Supervisor within one month of receiving the notification, including:
  • Payment Institution's name and address.
  • Details of the branch (management, structure, services).
  • Intention to register agents and their services.
• The Host Supervisor may request additional information from the Home Supervisor, including:
  • Business model.
  • Agent details.
  • Plans for central contact points or compliance officers.
  • ML/TF risk assessments and internal control mechanisms.

6. Supervision of Activities

• Supervisors must cooperate closely to ensure compliance with both PSD and 3rd AMLD obligations.
• The Home Supervisor has the authority to:
  • Conduct on-site inspections.
  • Request information.
  • Issue recommendations or sanctions.
  • Suspend or withdraw authorization.
• The Host Supervisor may inform the Home Supervisor of ML/TF risks, which could lead to the refusal or withdrawal of registration.
• The Home Supervisor must consider the Host Supervisor's opinion, and if it differs, must provide a justification ('comply or explain' approach).
• On-site inspections may be delegated to the Host Supervisor if agreed upon.

7. Contact Information

• The protocol includes a designated contact point and details are provided in Annex 3.

8. Confidentiality

• All confidential information shared between supervisors is for lawful supervisory purposes.
• Information exchanges must respect national laws on professional secrecy.
• Supervisors must ensure that all individuals handling the information are bound by professional secrecy obligations.

9. Termination

• The protocol remains in effect until one month prior written notice is given by either the Home Supervisor or the Host Supervisor.

Key Information and Main Points

• The protocol supports cross-border supervision of payment institutions.
• Home and Host Supervisors share responsibilities for AML/CTF compliance.
• Agents and branches are subject to local AML/CTF rules.
• Centralised structures (e.g., compliance officers) are encouraged for better oversight.
• The Home Supervisor retains final authority over registration and authorization, but must consider the Host Supervisor's opinion.
• Confidentiality and proportionality are key principles in the protocol.