CySEC Directive translated to English
CySEC AML Directive in English
To access the English Translation of the CySEC Directive on the Prevention and Suppression of Money Laundering Please click the link below. If you would like to see the main changes introduced by the CySEC Directive on the Prevention and Suppression of Money Laundering, please read below.
Cyprus AML Law in English
To access the English Translation of the Cyprus AML LAw regarding the Prevention and Suppression of Money Laundering translated untill law 81(I)/2019
Please click the link below.
On the 10th of May 2019 the new and updated CySEC Directive on the Prevention and Suppression of Money Laundering has only been available in the Greek Language. As of today thought CySEC has published its unofficial English Translation of the CySEC Directive.
The CySEC Directive is available on the website of CySEC by clinking on this link.
What changed in the CySEC Directive?
The CySEC Directive of the 10th of May 2019 repealed the previous directive with an aim to update the regulatory framework and bring it in line with the 4th AML Directive and the amendments to the prevention and suppression of money laundering law (Law. 81(I)/2019, Law 158(I)/2018, 13(I)/2018).
In accordance with Circular C319 the following amendments have been performed:
| Explanation | ||
| Definitions | Obliged Entity The definition ‘Financial Organization’ is replaced by the definition ‘Obliged Entity’. The said definition refers to the categories of persons that fall under the scope and obligations of the Directive. | |
| 5A | Appointment of Board Member One member of the Obliged Entity’s Board of Directors should be designated as the responsible person for the implementation of the legal framework related to the prevention and suppression of money laundering and terrorist financing. Information about the said designation is provided in paragraph 5A of the Directive. | |
| 8 | Appointment of Alternate AML Compliance Officer The Obliged Entity should appoint temporarily an Alternate AML Compliance Officer, when the AML Compliance Officer is absent. It is clarified that the provisions of paragraph 8 of the Directive do not apply when the AML Compliance Officer resigns from his position, since in such case the Obliged Entity should appoint a new AML Compliance Officer. Information regarding the Alternate AML Compliance Officer’s appointment is provided in paragraph 8 of the Directive | |
| 12 | Assessment of money laundering and terrorist financing risk The Obliged Entity, when assessing the risk of money laundering and terrorist financing should take into account, among others, the Risk Factor Guidelines and any guidelines/guidance issued by the Financial Action Task Force (FATF). | |
| 25 | Third Party Reliance The Obliged Entity that relies on a third party for the customer due diligence measures and identification procedures should apply the measures and procedures described in the present paragraph. | |
| 33 | Types of documents The Obliged Entity may collect original documents and true copies of the original documents. Additionally, provided that some conditions are met, copies may be collected, as well as, it may use electronic means for the collection of data and information. | |
| 36 | United Nations (‘UN’) and European Union (‘EU’) Sanctions Regimes The Obliged Entity should apply the measures and procedures described in the present paragraph related to the UN and EU Sanctions Regimes. | |
| Fourth Appendix | Non-exhaustive list of Factors and Measures The Fourth Appendix of the Directive is a non-exhaustive list of: (a) factors of potentially higher risk, that the Obliged Entity should take into account during its risk based approach and 2 (b) enhanced customer due diligence measures, which may be applied in high risk cases. |
What to do now?
With the update of the directive, obliged entities should critically review the current AML Manual and ascertain what changes need to be made to be compliant with the directive, the 4th AML Directive and the relevant updates to the AML Law.
Particular focus should be had to the new sanctions requirements since in recent days Cypriot companies from the none financial circles have been designated by OFAC (continue reading) and the introduction of a risk based approach subject to the Risk Guidelines.
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Harris Sharpe
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For many years he has worked and devoted his skills and efforts towards building a successful career as a leading executive. From humble beginnings, his aim has always been to yield results; with a keen focus to attention to detail and client satisfaction. His experience has always been varied and not specific, at times he preferred it. With that in mind, he has dealt with CySEC on licensing and ongoing regulation, international private equity and credit fund managers, NASDAQ and NYSE listed companies occasional millionaires as well as self-made millionaires. His passion though is difficult transaction work organizing and deploying people for a common goal. Harris enjoys reading and studying the Cyprus law and sharing that information on this website.
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