6th Anti-Money Laundering Directive (AMLD6, Directive (EU) 2018/1673) - superseded by AMLD7

Ensure ancillary conduct including aiding, abetting, inciting, and attempting money laundering is punishable as a criminal offence.

• Ancillary liability policy
• Code of conduct provisions
• Disciplinary procedures

• No ancillary liability clause
• Missing disciplinary linkage
• Vague code of conduct

Enable freezing and confiscation of instrumentalities and proceeds from money laundering offences, including from third parties in defined cases.

• Asset freezing SOP
• Third party indemnification policy
• Cooperation log with authorities

• No freezing SOP
• Missing cooperation logs
• Slow response to court orders

Monitor effectiveness of AML programme via internal audit, MI reporting, and remediation of identified deficiencies.

• Internal audit reports
• MLRO MI pack
• Remediation tracker

• No internal audit coverage
• Stale MI metrics
• Open findings unresolved

Track Member State transposition of AMLD6 and align internal AML programme to local criminal law requirements.

• Transposition tracker
• Local law gap analysis
• Programme alignment plan

• No transposition tracker
• Stale gap analysis
• Inconsistent local annexes

Ensure effective investigative tools are available to authorities and that affected obliged entities cooperate with criminal investigations.

• Law enforcement request handling SOP
• Data preservation procedure
• Cross border cooperation log

• Slow response to LE requests
• No data preservation
• Missing single point of contact

Establish liability of legal persons for offences committed for their benefit by persons in leading positions, including failures of supervision.

• Board AML responsibility statement
• Supervision controls evidence
• Tone from the top communications

• No board ownership
• Weak supervision evidence
• Missing accountability map

Criminalise conversion, transfer, concealment, acquisition, possession or use of property derived from criminal activity when committed intentionally.

• National transposition reference
• Internal policy on intentional ML conduct
• Case escalation procedure

• No reference to transposition law
• Missing intent training
• Weak escalation paths

Cover situations where the person committing the predicate offence also launders the proceeds, removing the dual perpetrator requirement.

• Self laundering policy
• Case handling guidance
• Suspicious activity report templates

• Policy excludes self laundering
• No guidance for single actor cases
• SAR templates miss flag

Promote cooperation between Member States in investigating and prosecuting cross border money laundering offences, including via Eurojust.

• JIT participation records
• MLA request tracker
• Information sharing protocols

• No MLA tracker
• Ad hoc information sharing
• Untrained liaison staff

Establish jurisdiction where the offence is committed in whole or part on territory or by a national, including extraterritorial reach in specified cases.

• Jurisdiction analysis
• Cross border SAR procedure
• Group policy applicability map

• No jurisdiction analysis
• Group policy gaps
• Inconsistent cross border SAR

Acknowledge that knowledge, intent, or purpose required as an element of the offence may be inferred from objective factual circumstances.

• Red flag indicator catalogue
• Suspicion threshold guidance
• Investigator training materials

• No red flag catalogue
• Subjective suspicion thresholds
• Untrained first line staff

Recognise the 22 predicate offence categories defined in Article 2 including corruption, fraud, tax crimes, cybercrime, and environmental crime.

• AML policy mapping to 22 predicate offences
• Risk typology register
• Legal counsel sign off

• Outdated predicate offence list
• No cybercrime typology
• Missing environmental crime coverage

Integrate AMLD6 criminal layer with AMLD4 and AMLD5 preventive obligations including CDD, beneficial ownership, and STR filing.

• Integrated AML framework document
• Control mapping across AMLDs
• Annual programme review

• Siloed preventive vs criminal layers
• Missing control mapping
• No annual review

Align the AML programme to recognise criminal liability triggers, predicate offences, and self laundering risk in customer due diligence and monitoring.

• Updated AML policy referencing AMLD6
• CDD risk model update
• Monitoring scenario inventory

• AMLD6 not referenced in policy
• No criminal trigger mapping
• Monitoring scenarios outdated

Maintain records and evidence relevant to predicate offences and laundering activity in a form admissible in criminal proceedings.

• Evidence preservation policy
• Chain of custody procedure
• Retention schedule

• No chain of custody
• Short retention
• Inconsistent metadata

Provide confidential channels for staff to report suspected money laundering with protections aligned to Whistleblowing Directive.

• Whistleblowing policy
• Channel availability evidence
• Anti retaliation procedure

• No anonymous channel
• Weak anti retaliation
• Slow case handling

Apply effective, proportionate, dissuasive criminal penalties with a maximum term of imprisonment of at least four years for natural persons.

• Sanctions matrix referenced in employee handbook
• Disclosure of penalty awareness training
• Acknowledgement records

• No penalty awareness in training
• Missing employee acknowledgements
• Outdated handbook

Take into account aggravating circumstances such as offence committed within criminal organisation or in exercise of professional activities.

• Aggravating factors register
• Risk scoring update
• Investigation playbook

• No professional duty aggravator
• Flat risk scoring
• Missing organised crime factor

Apply criminal or non criminal fines and possible measures such as exclusion from public benefits, business prohibition, or judicial winding up.

• Corporate sanctions risk assessment
• Contingency plan for licence loss
• Insurance review

• No corporate sanctions risk assessment
• Missing licence loss BCP
• Insurance gaps

Train staff on criminal AML standards, predicate offences, self laundering, ancillary liability, and corporate liability triggers.

• Training curriculum
• Attendance records
• Knowledge check results

• Generic AML training only
• Low completion rates
• No annual refresh