Recital 94

(94) Where an obliged entity operates establishments in another Member State, including through a network of agents, the supervisor of the host Member State should retain responsibility for enforcing the establishment’s compliance with AML/CFT rules, including, where appropriate, by carrying out on-site inspections and off-site monitoring and by taking appropriate and proportionate measures to address breaches of those requirements. The same should apply to other types of infrastructure of obliged entities that operate under the freedom to provide services, where that infrastructure is sufficient to require supervision by the supervisor of the host Member State. The supervisor of the host Member State should cooperate closely with the supervisor of the home Member State and should inform it of any issues that could affect its assessment of the obliged entity’s application of AML/CFT policies and procedures, and allow the supervisor of the home Member State to take measures to address any breach identified. However, where serious, repeated or systematic breaches of AML/CFT rules that require immediate remedies are detected, the supervisor of the host Member State should be able to apply appropriate and proportionate temporary remedial measures, applicable under similar circumstances to obliged entities under their competence, to address such serious, repeated or systematic breaches, where appropriate, with the assistance of, or in cooperation with, the supervisor of the home Member State.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.