Article 56 — Administrative measures
Financial crimeLevel 1DirectiveAMLD6In forceIn force on the date shown, by the dates in the Official Journal.VerifiedIdentical to the official source.Official source
56(1)Copy link
1.Member States shall ensure that supervisors are able to apply administrative measures to an obliged entity where they identify:
56(1)(a)
(a)breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own;
Copy link56(1)(b)
(b)weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements referred to in point (a) and administrative measures can prevent the occurrence of those breaches or reduce the risk thereof;
Copy link56(1)(c)
(c)that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed.
Copy link56(2)(b)
(b)order obliged entities to comply, including to implement specific corrective measures;
Copy link56(2)(c)
(c)issue a public statement which identifies the natural or legal person and the nature of the breach;
Copy link56(2)(d)
(d)issue an order requiring the natural or legal person to cease the conduct and to desist from repetition of that conduct;
Copy link56(2)(e)
(e)restrict or limit the business, operations or network of institutions comprising the obliged entity, or to require the divestment of activities;
Copy link56(2)(f)
(f)where an obliged entity is subject to an authorisation, withdraw or suspend the authorisation;
Copy link56(3)Copy link
3.Member States shall ensure that the supervisors are able, by means of the administrative measures referred to in paragraph 2, in particular to:
56(3)(a)
(a)require the provision of any data or information necessary for the fulfilment of their tasks pursuant to this Chapter without undue delay, to require the submission of any document, or impose additional or more frequent reporting requirements;
Copy link56(3)(c)
(c)require the obliged entity to apply a specific policy or requirements relating to categories of or individual clients, transactions, activities or delivery channels that pose high risks;
Copy link56(3)(d)
(d)require the implementation of measures to bring about the reduction of the money laundering or terrorist financing risks inherent in the activities and products of the obliged entity;
Copy link56(3)(e)
(e)impose a temporary ban against any person discharging managerial responsibilities in an obliged entity, or any other natural person who has been held responsible for the breach from exercising managerial functions in obliged entities.
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