# EU 6AMLD KYC/AML Compliance Checklist Reference checklist for entity verification under the EU 6th Anti-Money Laundering Directive (Directive 2018/1673) and related national legislation. --- ## Customer Due Diligence (CDD) - Standard Requirements - [ ] **Identify the customer** - obtain official name, legal form, registration number, registered address - [ ] **Verify identity** - confirm against an authoritative source (government registry, official document) - [ ] **Identify the beneficial owner(s)** - determine all natural persons who ultimately own or control the entity - [ ] **Verify beneficial owner identity** - confirm UBO information against a reliable source (CRBR, Societe.com, etc.) - [ ] **Assess purpose of business relationship** - document why the relationship is being established - [ ] **Conduct ongoing monitoring** - define review frequency based on risk level - [ ] **Document everything** - retain all CDD records for minimum 5 years after end of relationship ## Enhanced Due Diligence (EDD) - When Required EDD is mandatory when any of these triggers are present: - [ ] Customer or UBO is a Politically Exposed Person (PEP) or close associate/family member of PEP - [ ] Customer is established in a high-risk third country (per EU list, updated periodically) - [ ] Transaction is unusually complex or large with no apparent economic purpose - [ ] Correspondent banking relationships with non-EEA institutions - [ ] Any other scenario where risk assessment indicates elevated ML/TF risk **Additional EDD measures:** - [ ] Obtain senior management approval to establish or continue the relationship - [ ] Establish source of wealth and source of funds - [ ] Conduct enhanced ongoing monitoring with more frequent reviews - [ ] Obtain additional documents, data, or information from reliable sources - [ ] First payment through an account in the customer's name at an EEA credit institution ## UBO Identification Rules **Primary test - ownership:** - [ ] Identify any natural person holding >25% of shares or voting rights (directly or indirectly) - [ ] For indirect holdings, trace through each level of the ownership chain - [ ] Calculate effective ownership: multiply percentages through each tier (e.g., 60% of 50% = 30% effective) **Secondary test - control through other means:** - [ ] Shareholder agreements granting control beyond shareholding percentage - [ ] Right to appoint or remove a majority of the board of directors - [ ] Veto rights on key corporate decisions - [ ] Contractual control (management agreements, franchise agreements, etc.) - [ ] Control through trusts, foundations, or similar arrangements **Fallback:** - [ ] If no natural person is identified through ownership or control, record the senior managing official(s) as UBO - [ ] Document the steps taken to identify the UBO and the reason for falling back ## Obliged Entity Categories These entity types are required to perform CDD under 6AMLD: - Credit institutions (banks) - Financial institutions (payment services, e-money, investment firms) - Auditors, external accountants, tax advisors - Notaries and independent legal professionals (when involved in financial/real estate transactions) - Trust or company service providers - Estate agents (when involved in transactions exceeding EUR 10,000) - Persons trading in goods (cash payments exceeding EUR 10,000) - Providers of gambling services - Crypto-asset service providers (added under expanded scope) ## Record-Keeping Requirements - [ ] Copy of identity documents or reference to verification source - retain 5 years - [ ] CDD and transaction records - retain 5 years after end of business relationship - [ ] Risk assessment documentation - retain 5 years - [ ] Suspicious activity reports (SARs) - retain per national FIU requirements - [ ] Records must be sufficient to reconstruct individual transactions - [ ] Records must be available to competent authorities and FIU on request ## Suspicious Transaction Reporting Obliged entities must report to the national Financial Intelligence Unit (FIU) when: - [ ] There is knowledge, suspicion, or reasonable grounds to suspect ML/TF - [ ] Attempted transactions that raise suspicion, even if not completed - [ ] Transactions inconsistent with knowledge of the customer's profile **National FIUs:** - Poland: Generalny Inspektor Informacji Finansowej (GIIF) - France: Tracfin - Austria: Geldwaeschemeldestelle (A-FIU) - Spain: SEPBLAC **Tipping-off prohibition:** Do not disclose to the customer or third parties that a SAR has been filed. ## PEP Screening Requirements A Politically Exposed Person is a natural person who holds or has held a prominent public function: - Heads of state, government, ministers, deputy ministers - Members of parliament or similar legislative bodies - Members of supreme courts, constitutional courts - Members of courts of auditors or boards of central banks - Ambassadors, charges d'affaires, senior military officers - Members of administrative, management, or supervisory bodies of state-owned enterprises - Directors and deputy directors of international organizations **Extended scope:** Family members (spouse, children, parents) and close associates of PEPs are also subject to EDD. **De-PEP period:** Most jurisdictions require continued EDD for 12-18 months after a PEP leaves their position. ## Polish AML Act - Specific Requirements Poland's national transposition (Ustawa o przeciwdzialaniu praniu pieniedzy oraz finansowaniu terroryzmu, Dz.U. 2018 poz. 723) includes additional requirements: - [ ] **CRBR registration** - all legal entities must register beneficial owners in the Central Register of Beneficial Owners (CRBR) within 7 days of incorporation or change - [ ] **GIIF reporting** - suspicious transactions must be reported to the General Inspector of Financial Information - [ ] **Transaction threshold** - mandatory CDD for occasional transactions >= EUR 15,000 (or equivalent) - [ ] **Domestic PEP list** - Poland maintains its own PEP definitions aligned with EU standards - [ ] **Group-wide policies** - parent companies of Polish subsidiaries must ensure group-wide AML/CFT procedures - [ ] **Penalties** - up to PLN 5,000,000 or 10% of annual turnover for non-compliance ## High-Risk Third Country Considerations When the customer, UBO, or transaction involves a high-risk third country (per EU Delegated Regulation): - [ ] EDD is mandatory (not discretionary) - [ ] Obtain additional information on the customer and UBO - [ ] Obtain additional information on the intended nature of the business relationship - [ ] Obtain information on the source of funds and source of wealth - [ ] Obtain information on the reasons for the intended transactions - [ ] Obtain senior management approval - [ ] Conduct enhanced monitoring of the business relationship **Current EU high-risk list** is updated periodically - always verify against the latest Commission Delegated Regulation.