English
SpanishComunicación AML-CFT de la AED:
On 12 October 2022, the Administration de l’Enregistrement et des Domaines (AED), i.e. VAT Authority and AML-CFT supervisory authority in Luxembourg, has extended the AML-CFT obligations applicable to the RAIF to all AIF, non-regulated by the CSSF but supervised by the AED. All non-regulated AIF need to comply with the same AML-CFT obligations as any fund in Luxembourg, i.e.:
- Appointment of the RR and a RC.
- Completion and transmission of the AML-CFT questionnaire by 12 November 2022.
- Designing the AML-CTF framework i.e. AML-CTF procedures, risk assessment and risk appetite statement.
- AML-CTF training to the Fund Board as required by the legal framework.
For the RAIF, communication in February 2023:
In order to comply with your regulatory obligations in compliance with the law of 12 November 2004 on the fight against money laundering and terrorist financing as amended (« AML Law »):
- You need to provide to AED a RC report in accordance with article 4(1) of the AML law provided by the “Responsable du contrôle” or “RC” of the RAIF on the activity of the RAIF for the financial year ending in 2022. Deadline: 31 May 2023.
Additionally, it means that you need to implement the following measures:
- Formalization of the appointment of the RR and a RC.
- Ensuring you have completed and transmitted the AML-CFT
- Designing an AML-CTF framework: AML-CTF Policy and procedures, risk assessment and risk appetite statement and due diligence measures.
- AML-CTF training as required by the legal framework.
More information and instructions can be found on the AED website under the following LINK.
For all other non-regulated vehicles (SCSp and SCS):
Please be ready and comply with your AML-CFT obligations:
- Draft your RC report in accordance with article 4(1) of the AML provided by the “Responsable du contrôle” or “RC” of on the activity of the non-regulated vehicle, for the financial year ending in 2022.
- Formalization of the appointment of the RR and the RC.
- Completion and transmission the AML-CFT questionnaire.
- Designing your AML-CTF framework: AML-CTF Policy and procedures, risk assessment and risk appetite statement and due diligence measures.
- AML-CTF training as required by the legal framework.
