EBA欧洲银行-PSD_Supervisory_Cooperation_Protocol_34页_783kb

ESA's Joint Committee Sub-Committee on Anti Money Laundering – Supervisory Cooperation Protocol Summary

1. Core Objective

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

• Facilitate the passport notification and registration process for agents and branches of payment institutions operating in the Host Member State.
• Ensure effective supervision of these entities under the PSD (Payment Services Directive) and the 3rd AMLD (Anti-Money Laundering Directive).
• Establish a permanent and flexible framework for cooperation, without replacing or derogating from national laws.

The Protocol is consistent with the ESA Regulations and is based on the Common Understanding and CEBS/CEIOPS High Level Principles.

2. Key Definitions

3. Principles of Cooperation

• The Protocol aligns with the PSD and 3rd AMLD provisions.
• It is based on the Common Understanding and CEBS/CEIOPS High Level Principles.
• The Guidelines on PSD Passport Notifications (Annex 2) are used by the Home and Host Supervisors, supplemented as necessary.
• Timely communication of relevant information (including Host Supervisor opinions) is required, preferably in English or another agreed language.

4. Common Understanding

• The 3rd AMLD applies to payment service providers as defined in the PSD.
• The Home Member State Principle under the PSD allows payment institutions to operate in other EU states without additional authorizations.
• Money remittance companies are particularly at risk for money laundering and terrorist financing, especially during the introduction and layering stages.
• Payment institutions are fully liable for acts of their agents, branches, or outsourcing entities.
• Local laws in the Host Member State govern the terms and conditions of payment services.
• Agents are not classified as financial institutions under the 3rd AMLD, but they are subject to AML/CTF requirements via their contract with the payment institution.
• Central contact points or compliance officers may be required to manage AML compliance for agent networks, and their responsibilities must be proportionate.
• Home Supervisor has the formal authority to withdraw agent or branch registration, but must consider Host Supervisor's opinion and provide a justification if it differs.

5. Passport Notification and Registration Process

• The Payment Institution must notify the Home Supervisor of its intention to operate in the Host Member State through agents or branches (Article 25(1) of the PSD).
• The Home Supervisor must inform the Host Supervisor within one month of receiving the notification, including:
  • Name and address of the Payment Institution
  • Details of the branch or agent(s), including management structure and services offered
  • Intention to register the agent(s) or branch
• The Host Supervisor may request additional information from the Home Supervisor (Article 25(4) of the PSD), including:
  • Business model description
  • Agent details
  • Central contact point or compliance officer arrangements
  • ML/TF risk assessment and internal control mechanisms
• The Home Supervisor may refuse or withdraw registration if the Host Supervisor has reasonable grounds to suspect ML/TF risks.

6. Supervision of Activities

• Home and Host Supervisors must cooperate to ensure compliance with AML/CTF and PSD obligations.
• They are required to exchange all relevant information, including in the case of infringements or suspected infringements.
• The Home Supervisor may take actions such as:
  • Conducting on-site inspections
  • Issuing recommendations or sanctions
  • Withdrawing authorisation in cases of non-compliance
• On-site inspections may be delegated to the Host Supervisor under Article 25(3) of the PSD.
• If the Host Supervisor identifies ML/TF risks, it must inform the Home Supervisor, which may then withdraw registration.

7. Contact Information

• A designated contact point must be established, and contact details are included in Annex 3 of the Protocol.

8. Confidentiality

• Confidential information shared between supervisors is to be used only for lawful supervisory purposes.
• Information exchanges must comply with national laws on professional secrecy.
• Supervisors must maintain confidentiality and obtain prior consent before disclosing information to third parties.

9. Termination

• The Protocol remains in effect until one party notifies the other in writing of its intent to terminate, one month in advance.

Annexes

• Annex 1: Lists relevant articles from the 3rd AMLD and PSD.
• Annex 2: Contains guidelines on PSD passport notifications.
• Annex 3: Provides contact information for the Home and Host Supervisors.