Model AML internal rules published by the State Agency for National Security  

There are several important points to consider with regard to the approaching deadline (21 August 2020) for adopting internal AML rules.

Last week the  State Agency for National Security (SANS) published on its website model internal rules for the following categories of entities that are obliged to apply measures against money laundering:

► persons providing, by occupation, accounting services and/or advice in taxation matters, as well as persons who, as their main business or professional activity provide, directly or indirectly through related persons, assistance in any form or tax advice;

► wholesale traders;

► weapon, oil and petroleum products traders;

► legal persons which have employee mutual aid funds;

► trade unions and professional organisations;

► non-profit legal entities;

► professional sports clubs;

Following an amendment in the  Measures against Money Laundering Act (MAMLA) from May 2019, the obliged persons under Art. 4 of the Act should not send their internal rules to SANS once the same are adopted.

Pursuant to the Supplementary Provisions of MAMLA „The explicit reference to one or more of the activities under Art. 4 in the scope of activity in the account of a legal person or other legal entity in the corresponding public registry where such activity is not subject to authorisation, licensing or registration is reason to believe that the activity is carried out professionally, the person falls within the scope of the persons under Art. 4 and the same person is obliged to apply the measures under this Act until it has proved with official, accounting and other documents that the said activity is not done by occupation or was done by accident”.

Internal risk assessment

► The obliged entities should prepare their own internal risk assessment, as such has not been prepared by SANS.

► The internal risk assessment should take into account the relevant risk factors, including those relating to customers, countries or geographic areas, products and services offered, operations and transactions or delivery mechanisms.

► The internal risk assessment must be an integral part of the Internal Rules for the Control and Prevention of Money Laundering and Terrorist Financing and may be annexed to them, as they should be periodically updated.

► When preparing and updating the risk assessment the obliged persons must comply with and reflect the results of the national risk assessment [1], as well as the results of the supranational risk assessment and the recommendations of the European Commission.

► In case the obliged person does not comply with the results of the national risk assessment, within 14 days from the preparation of the assessment, the Financial Intelligence Directorate of SANS must be notified of this decision and the reasons for it.

► The professional organisations and associations of the obliged persons may prepare and update risk assessments at sectoral level.

AML Officers

Persons who are not required by law to set up specialised services can choose between the following internal control systems for compliance with anti-money laundering measures:

► creation of specialised services;


► carry out the control personally;


► determine an employee [2] holding a senior management position to perform the internal control of the obligations.        

[1] Available here

[2] The individual must be determined by a written act and the obliged persons must notify in 7-day period from determination or change about the names and contact details of the employee.

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