AMLR Article 18: what you can and cannot outsource to a KYC provider
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Under the EU Anti-Money Laundering Regulation (AMLR), which applies from 10 July 2027, Article 18 permits obliged entities to outsource certain compliance tasks to qualified service providers but requires prior notification to supervisors, written agreements, regular oversight, and continued full liability by the firm. Six functions cannot be outsourced: approving the business-wide risk assessment, internal policies and controls, customer risk profiles, onboarding or transaction decisions, suspicious activity reporting to financial intelligence units, and transaction-monitoring criteria. The regulation distinguishes outsourcing from reliance on another obliged entity, which is limited to selected due-diligence elements, and from use of software, databases, or screening tools where the firm itself performs the regulatory task. Automated KYC and identity-verification services remain a regulatory grey area, particularly where provider systems make substantive verification determinations. Outsourcing is restricted for providers established in certain high-risk third countries, while firms must ensure supervisors can trace compliance and retain access to evidence and records. AMLA is expected to issue outsourcing guidelines by the regulation’s start date, but no draft guidance was publicly available as of 2 October 2026, leaving firms to document their own classifications and controls in the interim.
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