The curated handbook for Austria is in review. The obligation register below accounts for the retained units described in its scope statement.
61 retained records are accounted for within this scope. The default view shows only mapped obligations; use the disposition filter to inspect mapped, contextual, outside-scope and unresolved retained records. This register does not establish full-instrument or complete national coverage.
FM-GwG (dated RIS OGD records)
Finanzmarkt-Geldwäschegesetz (FM-GwG): dated RIS OGD principal records and implementation notes
Bundeskanzleramt / RIS OGD
61 provisions accounted for · 50 independently reviewed
FM-GwG (dated RIS OGD records) · § 4Before launching new products, practices or technology, an in-scope firm must assess its money-laundering, terrorist-financing and…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Before launching new products, practices or technology, an in-scope firm must assess its money-laundering, terrorist-financing and targeted-sanctions implementation/circumvention risks. The assessment must cover the actual customer, geographic, product, transaction and channel exposure and consider national and Commission risk findings. Keep an auditable, updated assessment and supply it electronically when FMA requests it. Proportionality affects the work, not an automatic exemption; only an FMA regulation can remove the recording requirement for specified clearly understood sector risks.
Obligation
Before launching new products, practices or technology, an in-scope firm must assess its money-laundering, terrorist-financing and targeted-sanctions implementation/circumvention risks.
Assess existing exposure and new activity before introduction; maintain the evidence and respond to FMA requests.
Exceptions
An FMA regulation may exempt specified sector entity types from recording where the statutory clear-risk conditions are met; no such regulation is established here.
FM-GwG (dated RIS OGD records) · § 5A bank, payment or investment firm within the Act must apply section 6 due diligence when opening a relationship, not only when a…Credit institutionFinancial institution+4Obligation mapped
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Plain English
A bank, payment or investment firm within the Act must apply section 6 due diligence when opening a relationship, not only when a transaction exceeds a threshold. Outside a relationship, the triggers include evidently linked transactions totalling at least EUR 15,000 and funds transfers strictly above EUR 1,000. Savings movements have their own EUR 15,000 trigger. Suspicion and doubts over identification trigger diligence irrespective of those amounts. Where an occasional transaction amount was unknown, the EUR 15,000 check becomes due once it is known and meets the threshold.
Obligation
A bank, payment or investment firm within the Act must apply section 6 due diligence when opening a relationship, not only when a transaction exceeds a threshold.
Any listed trigger is sufficient; combine evidently linked operations for point 2(a); the transfer threshold is more than, not at least, EUR 1,000.
Exceptions
No monetary exemption is stated for business relationships, suspicion or identification doubts; unknown point 2(a) amounts defer the threshold trigger only until known.
FM-GwG (dated RIS OGD records) · § 6Diligence must establish the customer, representatives, beneficial owners and any fiduciary relationship, understand ownership,…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Diligence must establish the customer, representatives, beneficial owners and any fiduciary relationship, understand ownership, relationship purpose and funds, and continue through monitoring and updates. A register extract is a reasonable beneficial-owner check, not a substitute for understanding control. Customers must disclose relevant fiduciary and ownership information and changes. The fiduciary itself requires physical identification, excluding third-party identification. Ordinary remote identification is allowed only through one of the listed safeguards and its conditions. Give every customer a risk class and be able to justify the measures to FMA; discretion over extent is not permission to omit the enumerated checks.
Obligation
Diligence must establish the customer, representatives, beneficial owners and any fiduciary relationship, understand ownership, relationship purpose and funds, and continue through monitoring and updates.
Apply when section 5 is triggered; verify legal existence and representation, use the appropriate personal or remote method, and calibrate extent to Annex I risk variables.
Exceptions
Qualified remote safeguards can replace personal document presentation, but not the exclusive physical identification requirement for the fiduciary; travel-document and technically equivalent criteria have specified limits.
FM-GwG (dated RIS OGD records) · § 7Complete the initial identification, purpose and funds checks before the relationship or occasional transaction, and obtain the…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Complete the initial identification, purpose and funds checks before the relationship or occasional transaction, and obtain the specified beneficial-owner registration evidence for new entity relationships. A low-risk, business-continuity exception permits prompt completion during establishment; an account may be opened before completion only with transactions effectively blocked until the listed checks are fulfilled. Update existing clients when risks or material facts change. Failure of initial diligence blocks transactions and new relationships, requires ending existing relationships and consideration of a suspicious report; monitoring failures have a different holding rule. Insurance, trust beneficiaries and historic securities, savings and anonymous-box holdings have expressly specified timing or blocking requirements.
Obligation
Complete the initial identification, purpose and funds checks before the relationship or occasional transaction, and obtain the specified beneficial-owner registration evidence for new entity relationships.
Before relationships and occasional transactions; on a representative invoking authority; on material changes; before beneficiary payout and specified legacy-asset use.
Exceptions
Paragraphs 2 and 3 are distinct low-risk completion and blocked-account exceptions; section 6(1) points 6 and 7 are excluded from the general paragraph 7 inability rule, with a separate monitoring hold.
FM-GwG (dated RIS OGD records) · § 7aA firm choosing AI or advanced monitoring must show how its scenarios, parameters and thresholds meet the ordinary monitoring and…Credit institutionFinancial institution+4Obligation mapped
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Plain English
A firm choosing AI or advanced monitoring must show how its scenarios, parameters and thresholds meet the ordinary monitoring and unusual-transaction requirements at both enterprise and customer risk levels. Maintain and adjust it using FIU feedback and relevant data, and document its operation sufficiently for FMA to understand it. The provision permits automation; it does not require AI or authorise unrelated reuse of public or customer data.
Obligation
A firm choosing AI or advanced monitoring must show how its scenarios, parameters and thresholds meet the ordinary monitoring and unusual-transaction requirements at both enterprise and customer risk levels.
All three paragraph 2 conditions apply to the optional approach; automated data processing must be appropriate and necessary for AML/CFT.
Exceptions
No AI adoption requirement and no exemption from ordinary monitoring or risk assessment is created.
FM-GwG (dated RIS OGD records) · § 8Simplified diligence requires low risk in the particular relationship or transaction, not just a low-risk sector label. Keep evidence…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Simplified diligence requires low risk in the particular relationship or transaction, not just a low-risk sector label. Keep evidence for that decision and continue enough monitoring to spot unusual or suspicious activity. Annex II factors and any applicable FMA rule inform the assessment. The domestic-payment carve-out from Regulation 2023/1113 is separate: the beneficiary provider must be AML-obliged, the payer must be traceable using the customer reference, and the transfer must be no more than EUR 1,000. It is not a blanket exemption from FM-GwG diligence.
Obligation
Simplified diligence requires low risk in the particular relationship or transaction, not just a low-risk sector label.
Actual low risk supported by the particular facts; all three domestic-transfer conditions are necessary for the separate Regulation 2023/1113 exception.
Exceptions
Information suggesting risk may not be low defeats the assumption; simplified treatment does not dispense with monitoring.
FM-GwG (dated RIS OGD records) · § 9Apply enhanced controls where the specific statutory cases or other evidence show elevated risk, using Annex III as a minimum…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Apply enhanced controls where the specific statutory cases or other evidence show elevated risk, using Annex III as a minimum risk-factor input. Investigate complex, unusually large, unusually patterned or apparently purposeless transactions as far as reasonably possible and intensify monitoring to decide whether they are suspicious. A fully group-compliant branch or subsidiary in a high-risk third country is not automatically subject to enhanced diligence solely for that location, but still needs a risk-based decision; this does not erase section 9a triggers for relationships or transactions.
Obligation
Apply enhanced controls where the specific statutory cases or other evidence show elevated risk, using Annex III as a minimum risk-factor input.
Sections 9a to 12 cases, otherwise identified elevated risk, or any paragraph 3 transaction category; examination is limited by reasonable practicability.
Exceptions
Full group-policy compliance prevents automatic enhanced treatment solely for a high-risk-country branch or subsidiary; the residual risk-based assessment remains required.
FM-GwG (dated RIS OGD records) · § 9aFor a relationship or transaction involving a high-risk third country as defined in section 2(16), obtain the six specified enhanced…Credit institutionFinancial institution+4Obligation mapped
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Plain English
For a relationship or transaction involving a high-risk third country as defined in section 2(16), obtain the six specified enhanced checks, including source-of-funds/financial-circumstances information, transaction reasons and senior approval to establish or continue the relationship. Increase monitoring. Additional restrictions, systematic reporting or establishment limits require the specified FMA or ministerial regulation; this section alone does not prove that a particular such regulation or current country designation applies.
Obligation
For a relationship or transaction involving a high-risk third country as defined in section 2(16), obtain the six specified enhanced checks, including source-of-funds/financial-circumstances information, transaction reasons and senior approval to establish or continue the relationship.
A business relationship or transaction involves a country within section 2(16); extra countermeasures require a valid applicable regulation.
Exceptions
No paragraph 1 exemption is stated here; the list of possible paragraph 2 and 3 measures is not itself an enacted restriction on every country.
FM-GwG (dated RIS OGD records) · § 10A payment correspondent relationship with a third-country respondent requires banks and financial institutions to understand the…Credit institutionFinancial institution+4Obligation mapped
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Plain English
A payment correspondent relationship with a third-country respondent requires banks and financial institutions to understand the respondent, assess its controls and supervision, secure senior approval, document responsibilities and check payable-through customer diligence and data access. CASPs have a different non-Union respondent rule, including authorisation/registration and targeted-sanctions controls. CASPs must also record policy-driven termination, refresh diligence regularly or when new risks appear, and use that information to set mitigation measures. The crypto-advice exception and the different third-country/non-Union wording must not be collapsed into one universal perimeter.
Obligation
A payment correspondent relationship with a third-country respondent requires banks and financial institutions to understand the respondent, assess its controls and supervision, secure senior approval, document responsibilities and check payable-through customer diligence and data access.
Payment correspondent with a third-country respondent, or qualifying crypto-service correspondent with a non-Union respondent; payable-through checks apply where that access arrangement exists.
Exceptions
Crypto advice under MiCA Article 3(1) point 16(h) is excluded from paragraph 2; section 2(17) defines Member State for the bank third-country limb.
FM-GwG (dated RIS OGD records) · § 11Screen customers, beneficial owners and fiduciary principals for PEP status before establishing the relationship and periodically…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Screen customers, beneficial owners and fiduciary principals for PEP status before establishing the relationship and periodically afterwards. For PEP relationships obtain senior approval, establish wealth and funds sources, and enhance monitoring. Family and known-close-associate cases are included. Leaving office does not automatically end treatment after one year: assess continuing risk for at least twelve months and retain appropriate measures until the PEP-specific risk is gone. The domestic exception concerns only point 2 and only the stated WiEReG senior-management beneficial-owner case without elevated-risk factors; it is not a general domestic-PEP exemption. Life insurance beneficiaries have separate pre-payout/assignment controls.
Obligation
Screen customers, beneficial owners and fiduciary principals for PEP status before establishing the relationship and periodically afterwards.
PEP, family or known-close-associate status under section 2; periodic review, specified life-insurance events and residual risk after leaving office.
Exceptions
Paragraph 1 point 2 is disapplied only for the identified domestic PEP beneficial-owner case under WiEReG and absence of elevated-risk factors; screening remains.
FM-GwG (dated RIS OGD records) · § 11aFor transfers to or from self-hosted addresses, a CASP must assess AML/CFT and targeted-sanctions circumvention/implementation risks and…Cryptoasset businessObligation mapped
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Plain English
For transfers to or from self-hosted addresses, a CASP must assess AML/CFT and targeted-sanctions circumvention/implementation risks and maintain controls that mitigate the risks found. Use at least one of the listed mitigation types, such as risk-based identity checks, extra origin/destination information, enhanced monitoring or other relevant mitigation. The provision does not demand all four measures for every transfer and does not itself establish wallet ownership in a particular case.
Obligation
For transfers to or from self-hosted addresses, a CASP must assess AML/CFT and targeted-sanctions circumvention/implementation risks and maintain controls that mitigate the risks found.
AssessVerify
Applies to
Firm types
Cryptoasset business
Business lines
Cryptoasset services
Customer types
All customer types
Stages
All stages
Conditions
Crypto-asset transfer to or from a self-hosted address defined in section 2(23).
Exceptions
The minimum is one or more mitigation types, not necessarily all four; suitability still follows the risks identified.
FM-GwG (dated RIS OGD records) · § 12Do not maintain shell-bank correspondent relationships or knowingly provide indirect shell-bank access, and do not maintain anonymous…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Do not maintain shell-bank correspondent relationships or knowingly provide indirect shell-bank access, and do not maintain anonymous accounts, savings books or boxes. The separate non-cooperative-state regime depends on designation by government regulation, not automatically on an analyst reading a FATF list. For designated-state customers the specified original-document, personal-appearance and copy-retention controls apply, and banks/financial institutions must report linked qualifying transfers at EUR 100,000 or above. Licensing and qualifying-shareholding restrictions have their own stated presumption or proof rules.
Obligation
Do not maintain shell-bank correspondent relationships or knowingly provide indirect shell-bank access, and do not maintain anonymous accounts, savings books or boxes.
Shell-bank or anonymous-product exposure; paragraph 4 requires an actual designated non-cooperative state and its specific customer, ownership or transaction nexus.
Exceptions
Point 1 presumption is rebuttable and point 2 permits the stated applicant proof; unknown reportable amounts trigger reporting when known; neither establishes a current country designation.
FM-GwG (dated RIS OGD records) · § 13Third-party diligence does not transfer responsibility away from the relying firm. Obtain the necessary information promptly and ensure…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Third-party diligence does not transfer responsibility away from the relying firm. Obtain the necessary information promptly and ensure supporting copies can be supplied promptly on request, including electronic identification evidence. Only the defined eligible providers can qualify; currency-exchange-only authorisation is excluded. Third-country providers need equivalent diligence, retention and supervision. High-risk-third-country reliance is prohibited except for the specified fully group-compliant branches and subsidiaries. Ongoing transaction monitoring under section 6(1)(6) is not in the list of delegable diligence here.
Obligation
Third-party diligence does not transfer responsibility away from the relying firm.
Reliance concerns section 6(1) points 1 to 5 and 7, without contrary indications; eligibility and foreign equivalence must be met.
Exceptions
Currency-exchange-only providers are excluded; the high-risk-country exception is limited to specified fully group-compliant branches and subsidiaries.
FM-GwG (dated RIS OGD records) · § 14An intragroup diligence programme can meet section 13 only if the information provider belongs to the same group, the group has…Credit institutionFinancial institution+4Obligation mapped
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Plain English
An intragroup diligence programme can meet section 13 only if the information provider belongs to the same group, the group has compliant or equivalent diligence/retention/AML programmes, and a competent home-state or third-country authority supervises effective group-level implementation. Common ownership alone is not enough to rely on another group member.
Obligation
An intragroup diligence programme can meet section 13 only if the information provider belongs to the same group, the group has compliant or equivalent diligence/retention/AML programmes, and a competent home-state or third-country authority supervises effective group-level implementation.
All three group-programme criteria, not merely shared ownership.
Exceptions
No separate exemption from ultimate responsibility under section 13 is stated.
FM-GwG (dated RIS OGD records) · § 16Report knowledge, suspicion or reasonable grounds promptly through FIU secure electronic channels, covering attempted and completed…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Report knowledge, suspicion or reasonable grounds promptly through FIU secure electronic channels, covering attempted and completed events, assets alone, undisclosed fiduciary relationships and the listed criminal/terrorist links. Answer FIU information requests even without a prior report. Banks have a separate unidentified-savings payout notification and seven-calendar-day minimum hold for balances of at least EUR 15,000, subject to a longer FIU order. FIU-provided monitoring data may be used only as appropriate and necessary for AML/CFT; its access and five-year deletion powers are public-body rules, not a new firm record-retention period.
Obligation
Report knowledge, suspicion or reasonable grounds promptly through FIU secure electronic channels, covering attempted and completed events, assets alone, undisclosed fiduciary relationships and the listed criminal/terrorist links.
Any paragraph 1 knowledge/suspicion/reasonable-ground trigger; FIU requests independent of reports; both unidentified-savings conditions for paragraph 3.
Exceptions
FIU interauthority exchanges may not prejudice ongoing proceedings; its five-year deletion limit is not the entity retention rule of section 21.
FM-GwG (dated RIS OGD records) · § 17After a suspicious report, stop further related execution and follow FIU instructions. If stopping is impossible or would impede pursuit…Credit institutionFinancial institution+4Obligation mapped
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Plain English
After a suspicious report, stop further related execution and follow FIU instructions. If stopping is impossible or would impede pursuit of the beneficiaries, report immediately after execution instead. In doubt, incoming instructions may proceed but outgoing instructions must stop. A firm can seek an FIU objection decision and use the next-banking-day silence rule, but that is not permission to disregard an actual blocking order. Formal FIU orders have notification, challenge, lifting and expiry safeguards.
Obligation
After a suspicious report, stop further related execution and follow FIU instructions.
Related transactions following a report, or impossible/prejudicial restraint; specific FIU order or a paragraph 3 decision request.
Exceptions
Immediate post-execution reporting in paragraph 2 and next-banking-day silence in paragraph 3; formal order expiry is six months or final court seizure decision unless lifted sooner.
FM-GwG (dated RIS OGD records) · § 19Protect internal and FIU reporters, including employees and representatives, against threats, retaliation, hostility and employment…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Protect internal and FIU reporters, including employees and representatives, against threats, retaliation, hostility and employment disadvantage. FMA must provide a safe escalation route for those facing such treatment. The damages exclusion concerns delayed or refused transactions based on a suspicion negligently believed to be true; it is not blanket immunity for all conduct or deliberately false reports.
Obligation
Protect internal and FIU reporters, including employees and representatives, against threats, retaliation, hostility and employment disadvantage.
An individual reports suspected money laundering or terrorist financing internally or to FIU; damages exclusion applies to the stated erroneous-suspicion transaction circumstance.
Exceptions
The damages exclusion is confined to the specified negligent unawareness and delay/non-execution circumstance.
FM-GwG (dated RIS OGD records) · § 20Keep FIU reporting and transaction-restraint activity confidential. If doing customer diligence would reasonably prejudice pursuit of a…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Keep FIU reporting and transaction-restraint activity confidential. If doing customer diligence would reasonably prejudice pursuit of a suspected transaction's beneficiaries, suspend those checks and report promptly instead. After FIU customer notification, refer an enquiring customer to FIU, or communicate the order yourself only with FIU consent. Permitted authority, law-enforcement, qualifying group and same-customer/same-transaction exchanges are defined exceptions, not a general licence to tell clients or all external counterparties.
Obligation
Keep FIU reporting and transaction-restraint activity confidential.
Actions implementing sections 16 and 17; suspected reportable facts plus reasonable prejudice concern for diligence suspension.
Exceptions
FMA/OeNB and law enforcement; compliant qualifying group exchanges; same-customer/same-transaction section 22(2) exchanges; tightly controlled customer referral after FIU notification.
FM-GwG (dated RIS OGD records) · § 21Keep diligence evidence and transaction records for ten years from relationship termination or the occasional transaction, not five…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Keep diligence evidence and transaction records for ten years from relationship termination or the occasional transaction, not five years from creation. Afterwards delete AML-only personal data unless another federal law supports longer retention, and preserve it through known relevant pending proceedings. Do not reuse AML-only data commercially. Give new customers the required privacy information before opening or transacting. The secrecy/public-interest rule is tied to protected AML functions and proceedings; it is not a blanket suspension of privacy rights.
Obligation
Keep diligence evidence and transaction records for ten years from relationship termination or the occasional transaction, not five years from creation.
Record classes in paragraph 1; AML-only personal data and new customers; demonstrable knowledge of listed criminal proceedings for the deletion hold.
Exceptions
Other federal laws may require or permit longer retention; known pending listed proceedings prohibit deletion until final completion; secrecy restrictions need the paragraph 6 purpose.
FM-GwG (dated RIS OGD records) · § 22Build secure, confidential systems to answer FIU/FMA relationship enquiries completely and quickly, covering current relationships and…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Build secure, confidential systems to answer FIU/FMA relationship enquiries completely and quickly, covering current relationships and the preceding five years. The five-year lookback is an enquiry scope, not a replacement for section 21's ten-year retention. Appropriate necessary AML exchanges about the same customer or transaction may include specified foreign institutions subject to eligibility/equivalence conditions. Section 20's tipping-off exception uses the narrower same-customer-and-same-transaction wording, so the exchange permission should not be treated as an unlimited disclosure exception.
Obligation
Build secure, confidential systems to answer FIU/FMA relationship enquiries completely and quickly, covering current relationships and the preceding five years.
Authority requests considered necessary; two or more participating entities and appropriate necessary AML exchange; foreign-equivalence and secrecy conditions where applicable.
Exceptions
Currency-exchange-only Member State providers are excluded from the specified foreign route; tipping-off restrictions must still be considered separately under section 20.
FM-GwG (dated RIS OGD records) · § 23Put written, management-approved AML controls into continuing operation, with independent risk-based testing and a qualified, reliable…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Put written, management-approved AML controls into continuing operation, with independent risk-based testing and a qualified, reliable special officer who reports directly to the board and has full access and enforcement powers. Also designate a responsible board member, train relevant staff continuously and check staff/supervisory-board reliability. Where internal audit is not mandatory, an independent review is still required if business nature and extent warrant it. Foreign e-money/payment providers with non-branch Austrian establishments need an Austrian central contact point only when the referenced delegated criteria are met.
Obligation
Put written, management-approved AML controls into continuing operation, with independent risk-based testing and a qualified, reliable special officer who reports directly to the board and has full access and enforcement powers.
Controls proportionate to risks, nature and size; independent review and delegated contact-point criteria have their stated triggers.
Exceptions
Absence of mandatory internal audit does not itself exempt the entity from needed independent review; the contact-point limb is not imposed on every foreign provider.
FM-GwG (dated RIS OGD records) · § 23aTargeted-sanctions compliance has its own written, board-approved control framework: assess non-implementation/circumvention risk,…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Targeted-sanctions compliance has its own written, board-approved control framework: assess non-implementation/circumvention risk, identify warning signs, manage exposure and cover the relevant notifications/reports. A special officer, staff training and risk-based independent testing are required, with corresponding section 23 officer safeguards. Group implementation and information/data safeguards apply too. The provision anchors the control duty but does not supply all underlying asset-freeze measures, reporting recipients or a verified match for any person.
Obligation
Targeted-sanctions compliance has its own written, board-approved control framework: assess non-implementation/circumvention risk, identify warning signs, manage exposure and cover the relevant notifications/reports.
Targeted sanctions within section 2(24); proportionate continuing controls, relevant reporting duties and group presence.
Exceptions
Independent review by an external independent body is required where no mandatory internal audit exists but review is needed; underlying designation and notification rules remain separate.
FM-GwG (dated RIS OGD records) · § 24Groups need written, effective AML and data-sharing policies across branches and subsidiaries. Other Member State branches obey local…Credit institutionFinancial institution+4Obligation mapped
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Plain English
Groups need written, effective AML and data-sharing policies across branches and subsidiaries. Other Member State branches obey local implementing law; third-country establishments with weaker minimum rules apply FM-GwG where local law permits. If local law blocks group implementation, notify FMA and add mitigation; insufficient mitigation can lead to supervisory limits or withdrawal from that country. Share suspicious-report information within the group unless an FIU instructs otherwise. The lawful sharing permission remains purpose-limited, not an unrestricted group data pool.
Obligation
Groups need written, effective AML and data-sharing policies across branches and subsidiaries.
Group membership; foreign establishment; weaker third-country standards or legal barriers; suspicious-report information.
Exceptions
Apply Austrian standards only insofar as third-country law permits; legal barriers require notification and mitigation, not silent waiver; contrary FIU sharing instructions override group transmission.
FM-GwG (dated RIS OGD records) · § 29When FMA requests information or documents within its remit, respond and produce or permit inspection of the material in the form it…Credit institutionFinancial institution+4Obligation mapped
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Plain English
When FMA requests information or documents within its remit, respond and produce or permit inspection of the material in the form it specifies. The power also reaches relevant insurance intermediaries and other persons. Other statutory secrecy remains protected in the general enquiry limb, but the entity's auditor cannot invoke that secrecy defence. The provision is not a standing instruction to upload every record absent a request.
Obligation
When FMA requests information or documents within its remit, respond and produce or permit inspection of the material in the form it specifies.
FMA request concerning covered matters or lawful insurance distribution; supplied documents in the specified manner.
Exceptions
Other statutory secrecy under paragraph 3 remains, except that the obliged entity auditor may not rely on its secrecy obligation.
FM-GwG (dated RIS OGD records) · § 30During an authorised on-site examination, provide needed records, information, premises access during usual hours, suitable facilities…Credit institutionFinancial institution+4Obligation mapped
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Plain English
During an authorised on-site examination, provide needed records, information, premises access during usual hours, suitable facilities and readable reproductions of electronic records at the entity's expense. Examiners can question employees directly within their responsibilities. Normally there is one week's notice and a written mandate, but notice can be omitted to preserve the examination's purpose; findings are written and the entity can comment. Outsourced functions remain examinable irrespective of transfer-approval requirements, with host/FMA consent arrangements for cross-border examinations.
Obligation
During an authorised on-site examination, provide needed records, information, premises access during usual hours, suitable facilities and readable reproductions of electronic records at the entity's expense.