Attention - the amendment to the AML law is effective!
On 30 April 2024, an amendment to Act No. 253/2008 Coll., on selected measures against the legalization of the proceeds of crime and financing of terrorism (AML Act) (the "Amendment") was published in the Collection of Laws and the following day, i.e. on 1 May 2024, it entered into force. Selected provisions relating to credit and financial institutions will enter into force on 1 January 2025.
Among the key changes introduced by the Amendment, we highlight the following:
- Circle of obliged persons: The Amendment extends the circle of obliged persons to include internet lottery and bingo operators, insolvency and restructuring administrators and dealers in precious metals or precious stones with a transaction value of at least EUR 10,000. Internet lottery and bingo operators are obliged to carry out client identification and verification under the AML Act no later than 3 months from the date of entry into force of the Amendment. The definition of obliged person - financial institution is also amended, which is now more broadly a person (unless it is a credit institution) providing services relating to company conversions, transfers of business plants or acquisition of participation in a business corporation.
- Scope of the identification data to be collected: Whereas previously it was (only) necessary to record the details of the identity card in certain cases, now these details (number and type of identity card, the country or authority that issued the identity card and the period of validity) fall directly into the category of identification data. These data must be subsequently identified or the business relationship with the client must be terminated within 12 months of the entry into force of the Amendment.
- Extension of cash payments to virtual assets: The Amendment reflects the increasing use of virtual assets in commercial transactions and thus now considers payments made in cash to include, in addition to payments made in precious metal or precious stones, payments made in other high-value commodities or virtual assets.
- Notification of the internal policy system: Legal persons administrating assets in a manner comparable to the administrating of an investment fund and persons providing services related to virtual assets are now required to notify the Financial Analytical Office (the "FAO") of the text of their internal policy system.
- Remote client identification: The Amendment extended the possibility of remote client identification through proof of payment account existence to accounts outside the EU and EEA, provided they are not held in a high-risk third country.
- Failure to carry out client verification: If the verification could jeopardise the investigation of a suspicious transaction or if the FAO has issued instructions not to inspect, the obliged person shall not carry out the verification and shall notify the FAO of this fact. The notification can only be made in writing, in paper form, or electronically. A fine of up to CZK 1,000,000 may be imposed on an obliged person who fails to comply with the instruction issued.
- Sanctions: The Amendment increases the upper limit of fines for obliged persons for failure to comply with the obligations to identify and verify the client to CZK 10,000,000. The Amendment also sets fines for offences attributable to a natural person who causes a breach of duty by an obliged person, up to CZK 1,000,000.
Given the scope and significance of these changes, we recommend that entities subject to the legislation in question pay sufficient attention to the implementation of the new requirements into their existing processes and systems.
For further information, please do not hesitate to contact the authors of this alert or other EY team members with whom you work.
Authors:
Jan Turek
Johanna Roháčková