CFE Tax Advisers Europe has submitted an Opinion Statement in response to the consultation carried out by the EU Anti-Money Laundering Authority on draft Regulatory Technical Standards concerning group-wide minimum AML/CFT requirements and additional measures for subsidiaries and branches operating
CFE Submissions on EU AML Authority Draft Standards on Group-Wide Minimum Requirements & Additional Measures for Subsidiaries and Branches in Third Countries
CFE Tax Advisers Europe has submitted an Opinion Statement in response to the consultation carried out by the EU Anti-Money Laundering Authority on draft Regulatory Technical Standards concerning group-wide minimum AML/CFT requirements and additional measures for subsidiaries and branches operating in third countries under Articles 16(4) and 17(3) of the Anti-Money Laundering Regulation (AMLR). The draft RTS form part of the development of the EU AML Single Rulebook and address the implementation of group-wide AML/CFT frameworks, information sharing within groups, the treatment of subsidiaries and branches in third countries, and the extension of group-equivalent obligations to structures sharing common ownership, management or compliance control. In its submission, CFE supports the objective of strengthening the consistency and effectiveness of AML/CFT controls across cross-border structures while emphasising that the final standards must remain proportionate and appropriately calibrated for the professional services sector. In the submission, a central theme that CFE seeks to emphasise is that tax advisers are not banks and that regulatory models designed for integrated financial groups should not automatically be applied to professional advisory structures. CFE notes that many tax advisory firms operate through partnerships, professional associations, multidisciplinary firms and international networks of legally independent member firms rather than through centrally controlled corporate groups. The Statement therefore calls on AMLA to clearly distinguish between genuinely integrated structures with centralised AML/CFT oversight and ordinary professional cooperation arrangements involving shared branding, methodologies, training programmes, technology platforms or referral networks. CFE argues that such cooperation arrangements should not automatically trigger the application of group-equivalent AML obligations. CFE also identifies the concepts of “common management” and particularly “common compliance control” as key areas requiring further clarification. The submission recommends that group-equivalent obligations should apply only where there is meaningful and demonstrable central influence over AML/CFT policies, controls and compliance oversight, such as group-level approval of AML policies, appointment of compliance officers or central escalation procedures. The Statement stresses that the sharing of administrative support, technology, training, branding or professional methodologies should not, by itself, be sufficient to establish common compliance control. While supporting the proposed group-wide requirements in principle, CFE highlights that governance arrangements in professional services differ significantly from those in the financial sector. The submission notes that smaller firms often combine compliance responsibilities with broader governance functions, rely on decentralised client acceptance decisions and operate under professional independence obligations that may limit central intervention in client engagements. CFE therefore calls for the final RTS to avoid creating implicit expectations that all obliged entities adopt banking-style governance models, dedicated compliance functions or highly centralised compliance structures. The Statement also recommends stronger recognition of the professional infrastructure already supporting AML compliance, including ethical codes, continuing professional development requirements, disciplinary systems and professional supervision arrangements. CFE's submission welcomes AMLA’s efforts to facilitate information sharing within groups for AML/CFT purposes but emphasises that professional secrecy, legal professional privilege, contractual confidentiality obligations and data protection requirements impose important legal constraints in the professional services sector. CFE calls for the final RTS to confirm that information-sharing obligations do not override professional secrecy protections, legal professional privilege or applicable national law. The Statement further highlights the importance of ensuring consistency with Article 21(2) AMLR and relevant jurisprudence of the Court of Justice of the European Union concerning the protection of legal professional privilege and fundamental rights. In relation to subsidiaries and branches operating in third countries, CFE agrees that additional safeguards may be necessary where local laws prevent the full application of EU AML/CFT requirements. However, the Statement notes that customer consent mechanisms may not always be legally effective or operationally feasible and that local secrecy laws may continue to restrict information sharing even where consent has been obtained. CFE recommends that the final RTS recognise these practical limitations and confirm that documented legal or operational restrictions should not automatically be treated as non-compliance where proportionate alternative safeguards have been implemented. Throughout the submission, CFE calls for greater legal certainty, clearer distinctions between integrated groups and professional networks, stronger recognition of professional secrecy obligations, and a proportionate approach to AML/CFT requirements for non-financial obliged entities. CFE emphasises the importance of sector-specific guidance and implementation measures that are operationally workable for non-financial professions. CFE remains committed to supporting the development of an effective and harmonised EU AML framework and looks forward to continued engagement with AMLA, the European Commission and other stakeholders as the EU AML Single Rulebook is implemented. We invite you to read the submissions and remain available for any queries you may have.
Fonte: CFE Tax Advisers Europe. Pubblicazione originale del 2026-06-17.