Orientamenti dell’EBA recanti modifiche agli Orientamenti in materia di fattori di rischio per l’adeguata verifica della clientela (Orientamento sui clienti che sono organizzazioni senza scopo di lucro)

Note No. 35, dated 3 October 2023, outlines the Bank of Italy’s intention to adhere to the guidelines set forth by the European Banking Authority (EBA) regarding amendments to risk factors concerning anti-money laundering (AML) and counter-terrorism financing (CTF) for the adequate verification of customers.
These guidelines, as per EBA/GL/2023/03, had previously been incorporated through Note No. 15 on 4 October 2021.
This note implements the changes made to the EBA’s guidelines on risk factors, which are considered supervisory guidelines in line with the communication detailing how the Bank of Italy adheres to the guidelines and recommendations of European supervisory authorities.
The key objective of the EBA’s guidelines is to address the issue of „de-risking“ concerning non-profit organizations (NPOs). It provides guidance on measures to be taken to understand the structure and operations of NPOs and highlights the risk factors associated with money laundering and terrorism financing. These factors are crucial in determining the appropriate level of customer due diligence.
The effective date for implementing these guidelines is 1 March 2024, allowing the affected entities sufficient time to align their internal processes with the EBA’s directives for conducting comprehensive customer due diligence on NPOs.
Reference provisions include articles of the EU Directive 2015/849, Legislative Decree No. 231 of 21 November 2007, and the Bank of Italy’s provisions on adequate customer due diligence issued on 30 July 2019, and any subsequent amendments.
It’s important to note that the EBA’s guidelines complement the national framework for AML and CTF and should be adhered to within the bounds of applicable legal and regulatory requirements.
Financial institutions and intermediaries receiving this note are expected to make every effort to conform to the EBA’s guidelines, as mandated by Article 16 of Regulation (EU) No. 1093/2010, which established the European Banking Authority.