The financial intelligence units in the member states are to use the same types of forms for requests, responses, spontaneous information, and cross-border cases, and the data received could be transmitted more quickly to the competent authorities. The projects prepared by the Authority for the Prevention of Money Laundering and Terrorism Financing establish implicit consent for the general distribution of information, while maintaining the possibility for the unit providing the information to limit its use or recipients.
In short, the projects introduce common forms for requests and responses between financial intelligence units, information sent on their own initiative, feedback, and the transmission of cases involving multiple member states. The general consent for the transmission of information to the competent authorities would be implicitly selected, but the unit providing the data could limit the recipients, the purpose of use, or any subsequent transmission. National units and AMLA would use separate forms for notifying the European Public Prosecutor's Office when analyses indicate possible crimes affecting the financial interests of the Union. The forms will include fields about suspects, companies, transactions, financial flows, estimated damage, existing investigations, and urgent measures needed to protect funds or evidence. The standards must be adopted by the European Commission before they become applicable. The rules regarding reporting to the European Public Prosecutor's Office are set for July 10, 2027, and some technical requirements for July 10, 2028.
The Authority for the Prevention of Money Laundering and Terrorism Financing, AMLA, has prepared a common system for information exchanges between national units analyzing suspicious transactions. The project covers requests for information, responses, communications sent on their own initiative, feedback, and the transmission of data about cases linked to other member states.
Currently, financial intelligence units use FIU.net for cross-border cooperation, but the structure and level of detail of the information vary. Data is often sent through attachments drafted in different formats, which can lead to incomplete responses and additional requests before the analysis can continue.
The new forms establish the minimum information that must be provided and the additional fields that can be filled in when relevant and available. These may cover the identity of the individuals and companies involved, accounts and business relationships, analyzed transactions, links between participants, and the reasons why the activity is considered suspicious.
Distinct forms are provided for spontaneously transmitted information, requests addressed to another unit, responses to these requests, feedback, cross-border reports, and cross-border communications containing selected data from a report on a suspicious activity. All these exchanges will be integrated into the FIU.net fields, without the attached forms to the standards being sent separately as documents.
One of the practical changes concerns the necessary consent before the information received by a unit can be transmitted further. The implicit option would allow distribution to the competent national authorities, such as law enforcement authorities, and, when they have jurisdiction, to the European Public Prosecutor's Office, the European Anti-Fraud Office, or the foreign units identified in the request.
The unit providing the information will still be able to prohibit its transmission outside the recipient unit or specify exactly which authorities may receive it. Choosing a more restrictive option should be justified when confidentiality rules allow for an explanation of the reasons.
The forms will separately specify the purpose for which the information can be used. The project differentiates between the use for information activities and analysis from the use in investigations or for transmission to other authorities. Restrictions and additional conditions must be written directly in the dedicated section of the form.
In the case where a unit requests information with the declared intention of transmitting it to a specific authority for a precise purpose, consent could be considered included in the response. The unit providing the data retains the right to refuse or limit this transmission.
Urgent requests will need to explain the reason for the urgency. When a unit requests the suspension of a transaction or the freezing of assets, the form must identify the transactions and accounts involved, the value of the assets, and the reasons supporting the intervention. A request should not be marked as urgent when national authorities have already requested the same information through other channels.
The system will also allow subsequent exchanges directly related to the initial request or information. Units will be able to request additional data, broader consent, or transmit new developments without having to reintroduce unchanged information.
Two other projects establish how information will reach the European Public Prosecutor's Office. The first applies to national units when their analysis provides reasonable grounds to suspect a crime that falls under the jurisdiction of the European Public Prosecutor's Office. The second concerns joint analyses coordinated by AMLA together with units from multiple member states.
The two forms for the European Public Prosecutor's Office have the same general structure. They include information about the place and time of the alleged crime, the estimated damage to the financial interests of the Union, the individuals and companies suspected, the operational mechanism, financial flows, main transactions, and the conclusions of the analysis.
Reports will need to indicate whether there is already a national investigation and whether a delegated European prosecutor is involved. The fields for urgent measures can signal suspended accounts or transactions, deadlines that are expiring, and actions necessary to prevent the disappearance of evidence or the transfer of suspicious funds.
Units and AMLA will need to specify whether the information sent to the European Public Prosecutor's Office can be used without restriction, in judicial proceedings, for information activities, or in criminal cooperation with states that do not participate in the European Public Prosecutor's Office or with countries outside the EU. Other restrictions provided by European or national legislation may also be imposed.
Structured information is to be transmitted in a format that can be processed automatically, such as XML. The European Public Prosecutor's Office will be able to input the data into its case management systems without manually reintroducing all elements. Supporting documents, records, bank statements, and other materials may also be attached in formats that are not automatically processable.
The standards do not impose direct obligations on banks, lawyers, accountants, or other professionals reporting suspicious activities. They regulate the exchange of information between authorities and how their analyses are transmitted to the European Public Prosecutor's Office.
The projects have been submitted to the European Commission and must be adopted before publication in the Official Journal. The reporting date for national units and AMLA to the European Public Prosecutor's Office is set for July 10, 2027, while the obligation for complete transmission in a processable format is to apply from July 10, 2028.
The complete integration of forms for exchanges between national units in FIU.net is also scheduled for July 10, 2028. Some requirements regarding mandatory content and consent forms are to be used earlier, after the regulation comes into force.
Financial intelligence units are national authorities that receive and analyze reports on suspicious activities and transactions. They do not establish criminal liability and do not issue convictions, but can transmit the results of analyses to the competent authorities when they identify indications of money laundering, terrorism financing, or related crimes.
The European Public Prosecutor's Office investigates and prosecutes crimes that affect the financial interests of the Union, including fraud with European funds, corruption, and certain cross-border frauds regarding value-added tax. The new forms are intended for cases where financial analysis indicates possible crimes under its jurisdiction, without the transmission of a report establishing the guilt of the mentioned individuals.
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