These guidelines, published by the European Banking Authority, set out the steps credit and financial institutions should take to comply with their customer due diligence obligations under the AML Directive when choosing or assessing remote customer onboarding solutions. The guidelines also set out the policies and procedures they should put in place when choosing remote customer onboarding solutions and the procedures they should apply to assess the continued adequacy and reliability of such tools. Finally, the guidelines set out the steps credit and financial institutions should take when relying on third parties and the information to gather to ensure customer due diligence and verify the authenticity and integrity of such data.
The FSMA considers that these guidelines provide useful details on the application of certain provisions of the Law of 18 September 2017 and of the FSMA Regulation of 3 July 2018, and will therefore incorporate these guidelines into its supervisory policy from 2 October 2023, in particular for the purpose of evaluating the adequacy of the governance arrangement and the compliance function put in place by the obliged entities to combat money laundering and terrorist financing in the context of remote customer onboarding solutions.