Annex I

Financial crimeLevel 1RegulationAMLAIn forceVerifiedOfficial source

List of the coefficients linked to aggravating and mitigating factors for the application of Article 22

The following coefficients shall be applicable in a cumulative way to the basic amounts referred to in Article 22(4) on the basis of each of the following aggravating and mitigating factors:

(I)

I.Adjustment coefficients linked to aggravating factors:

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(I)(1)

1.If the breach has been committed repeatedly, for every time it has been repeated, an additional coefficient of 1,1 shall apply.

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(I)(2)

2.If the breach has been committed for more than six months, a coefficient of 1,5 shall apply.

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(I)(3)

3.If the infringement has revealed systemic weaknesses in the organisation of the selected obliged entity, in particular in its procedures, management systems or internal controls, a coefficient of 2,2 shall apply.

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(I)(4)

4.If the infringement has been committed intentionally, a coefficient of 3 shall apply.

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(I)(5)

5.If no remedial action has been taken since the breach has been identified, a coefficient of 1,7 shall apply.

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(I)(6)

6.If the selected obliged entity’s senior management has not cooperated with the Authority in carrying out its investigations, a coefficient of 1,5 shall apply.

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(II)

II.Adjustment coefficients linked to mitigating factors:

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(II)(1)

1.If the selected obliged entity’s senior management can demonstrate that it has taken all the necessary measures to prevent the breach, a coefficient of 0,7 shall apply.

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(II)(2)

2.If the selected obliged entity has quickly and effectively brought the complete breach to Authority’s attention, a coefficient of 0,4 shall apply.

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(II)(3)

3.If the selected obliged entity has voluntarily taken measures to ensure that similar breaches cannot be committed anymore in the future, a coefficient of 0,6 shall apply.

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