The Bank of Italy has confirmed to the European Banking Authority (EBA) its intention to comply with the Guidelines on remote customer due diligence obligations related to the use of remote onboarding solutions in the context of anti-money laundering.
The EBA Guidelines are considered as supervisory guidelines in the Italian legal system. They complement the national framework for combating money laundering and terrorist financing and, where applicable, prudential regulations. They apply within the limits allowed by legal and regulatory provisions.
The Bank of Italy’s provisions on customer due diligence for combating money laundering and terrorist financing of 30 July 2019 remain in force, except for the provisions regarding video identification, which are repealed. Intermediaries should also apply the EBA Guidelines when using digital identities.
The guidelines define the procedures, controls, and measures to be taken by obligated intermediaries in their customer due diligence processes when adopting or revising solutions for remote fulfilment of identification, verification, and acquisition of information on the purpose and nature of the relationship, in accordance with Article 13(1)(a), (b), and (c) of the 4th Anti-Money Laundering Directive.
The guidelines also specify the measures to be taken when these obligations are fulfilled through third parties.
They apply to banks, securities investment firms, asset management companies, fixed capital investment companies, electronic money institutions, payment institutions, as well as foreign intermediaries operating in Italy.
The EBA Guidelines come into effect on 2 October 2023. Recipients should apply the provisions of the Guidelines when adopting new remote customer due diligence solutions or revising existing ones for onboarding new clients.
It should be noted that the Bank of Italy has initiated a consultation process to extend the application of the Guidelines to all supervised intermediaries and to postpone the deadline for application for all to 2 October 2024 (please see EventID#21782 for details).