Tento web používá k poskytování služeb, personalizaci reklam a analýze návštěvnosti soubory cookie. Používáním tohoto webu s tím souhlasíte. Další informace

European Law concerning AML/CFT and its implementation in the Czech Republic

Regulation is a binding legislative act. It must be applied in its entirety across the EU. The following regulations contain rules relevant to AML/CFT:

The regulation sets out rules on when payment service providers shall ensure that transfers of funds are accompanied by relevant information, like name of the payer and payee. The regulation reflects FATF Recommendations 16. Compliance with this regulations is supervised by Financial Analytical Office and Czech National Bank.

This regulation, also known as “Cash Control Regulation”, orders that cash amounting to at least 10 000 EUR which enters or leaves EU shall be declared to Customs Administration. 

Commission Implementing Regulation (EU) 2021/776

Commission Implementing Regulation (EU) 2021/776 of 11 May 2021 establishing templates for certain forms as well as technical rules for the effective exchange of information under Regulation (EU) 2018/1672 of the European Parliament and of the Council on controls on cash entering or leaving the Union provides for templates to facilitate the declaration

This delegated regulation sets out list of high risk third countries. Enhanced due diligence shall be applied on customers from those countries.

Directives

A directive is a legislative act that sets out a goal that all EU countries must achieve, however it does not dictate measures to achieve the goal. All directives mentioned below have been properly transposed into the Czech law.

Directive (EU) 2015/849 of the European Parliament and of the Council

Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU

This directive, also known as “5th AML Directive”, is a main piece of legislation in AML/CTF field.

It is transposed into Czech law by Act No 253/2008 Sb., on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism (AML/CFT Act), Act No 37/2021 Sb., on Register of Beneficial Owners, Act No 300/2016 Sb., on Central Register of Bank Accounts, Act No 40/2009, Criminal Code, as well as other acts.

Directive (EU) 2019/1153 of the European Parliament and of the Council

Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA

This directive sets out rules which facilitate exchange of information between financial intelligence units, police and Europol, as well as rules on direct access of Asset Recovery Offices to central registers of bank accounts.

It is transposed into Czech law by Act No 253/2008 Sb., on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism (AML/CFT Act) and Act No 300/2016 Sb., on Central Register of Bank Accounts, as well as other acts.