international and legal agenda
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:
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.
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.
This implementing regulation provides templates to facilitate the declaration of cash upon entering or leaving the EU.
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.
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.
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.