# AMLR Art. 11 — Compliance functions > AMLR Art. 11 applies from 10 July 2027. See [[Effective-dates timeline]]. - **Part of:** [[AMLR]] - **FATF keying:** [[FATF R.18 - Internal controls and foreign branches and subsidiaries|FATF R.18]] - **Swiss provisions:** [[GwV-FINMA Art. 24 - AML compliance unit|GwV-FINMA Art. 24]], [[GwV-FINMA Art. 25 - Further duties of AML compliance|GwV-FINMA Art. 25]], [[GwV-FINMA Art. 25a - Decision-making authority on reporting|GwV-FINMA Art. 25a]] - **Detailed citation:** GwV-FINMA Art. 24-25a ## What it requires Obliged entities must appoint a management-body member responsible for AML/CFT compliance (compliance manager) and a separate, senior compliance officer running day-to-day AML/CFT, acting as contact point for authorities and reporting STRs to the FIU. Both functions need adequate resources; the officer also has a direct reporting line to the management body and protection from retaliation and undue commercial influence. A group entity may appoint another group entity's compliance officer only where size and low risk justify it; the two functions may combine where justified, and a sole trader performs both itself. ## Swiss position GwV-FINMA Art. 24 requires the intermediary to designate one or more qualified persons as the Geldwäschereifachstelle, which supports and advises line management and the Geschäftsleitung without relieving them of responsibility, and prepares internal directives and plans internal training. GwV-FINMA Art. 25 adds monitoring of AML compliance, setting transaction-monitoring parameters, evaluating alerts, and ensuring the oberstes Geschäftsführungsorgan has the basis for relationship decisions; small or disproportionately burdened intermediaries may appoint external persons instead. GwV-FINMA Art. 25a assigns the decision to file a report to the oberstes Geschäftsführungsorgan, delegable to specified members, the Fachstelle, or an independent unit. ## Key divergences The two regimes allocate responsibility along different lines rather than mapping duty-for-duty. AMLR Art. 11 names a management-body compliance manager and a separately appointed, sufficiently senior compliance officer, with an explicit removal-notification procedure to the supervisor. Swiss law instead centres on the Geldwäschereifachstelle as an advisory and monitoring unit under the oberstes Geschäftsführungsorgan, which itself retains key decisions such as filing reports and approving relationship continuation — a body-level rather than named-individual-level allocation for the most senior calls. GwV-FINMA Art. 25 Abs. 4 also allows small or disproportionately burdened institutions to outsource the Fachstelle to external qualified persons entirely, whereas AMLR Art. 11(2) only lets a group entity, where size and low risk justify it, appoint as compliance officer a person holding that function in another group entity. ## Effective dates AMLR Art. 11 applies from 10 July 2027. See [[Effective-dates timeline]]. ## Authoritative text > [!quote]- Regulation (EU) 2024/1624 (AMLR), Article 11 — English text (EUR-Lex, CELEX 32024R1624) > **Article 11** > *Compliance functions* > 1. Obliged entities shall appoint one member of the management body in its management function who shall be responsible for ensuring compliance with this Regulation, Regulation (EU) 2023/1113 and any administrative act issued by any supervisor (‘compliance manager’). > The compliance manager shall ensure that the obliged entity’s internal policies, procedures and controls are consistent with the obliged entity’s risk exposure and that they are implemented. The compliance manager shall also ensure that sufficient human and material resources are allocated to that end. The compliance manager shall be responsible for receiving information on significant or material weaknesses in such policies, procedures and controls. > Where the management body in its management function is a body collectively responsible for its decisions, the compliance manager shall be responsible for assisting and advising it and for preparing the decisions referred to in this Article. > 2. Obliged entities shall have a compliance officer, to be appointed by the management body in its management function and with sufficiently high hierarchical standing, who shall be responsible for the policies, procedures and controls in the day-to-day operation of the obliged entity’s AML/CFT requirements, including in relation to the implementation of targeted financial sanctions, and shall be a contact point for competent authorities. The compliance officer shall also be responsible for reporting suspicious transactions to the FIU in accordance with Article 69(6). > In the case of obliged entities subject to checks on their senior management or beneficial owners pursuant to Article 6 of Directive (EU) 2024/1640 or under other Union legal acts, compliance officers shall be subject to verification that they comply with those requirements. > Where justified by the size of the obliged entity and the low risk of its activities, an obliged entity that is part of a group may appoint as its compliance officer an individual who performs that function in another entity within that group. > The compliance officer may only be removed following prior notification to the management body in its management function. The obliged entity shall notify the supervisor of the removal of the compliance officer, specifying whether the decision relates to the carrying out of the tasks assigned under this Regulation. The compliance officer may, on his or her own initiative or upon request, provide information to the supervisor concerning the removal. The supervisor may use that information to perform its tasks under the second subparagraph of this paragraph and under Article 37(4) of Directive (EU) 2024/1640. > 3. Obliged entities shall provide the compliance functions with adequate resources, including staff and technology, in proportion to the size, nature and risks of the obliged entity for effective performance of their tasks, and shall ensure that the persons responsible for those functions are granted the powers to propose any measures necessary to ensure the effectiveness of the obliged entity’s internal policies, procedures and controls. > 4. Obliged entities shall take measures to ensure that the compliance officer is protected against retaliation, discrimination and any other unfair treatment, and that decisions of the compliance officer are not undermined or unduly influenced by commercial interests of the obliged entity. > 5. Obliged entities shall ensure that the compliance officer and the person responsible for the audit function referred to in Article 9(2), point (b), can report directly to the management body in its management function and, where such a body exists, to the management body in its supervisory function independently, and can raise concerns and warn the management body, where specific risk developments affect or may affect the obliged entity. > Obliged entities shall ensure that the persons directly or indirectly participating in implementation of this Regulation, Regulation (EU) 2023/1113 and any administrative act issued by any supervisor, have access to all information and data necessary to perform their tasks. > 6. The compliance manager shall regularly report on the implementation of the obliged entity’s internal policies, procedures and controls to the management body. In particular, the compliance manager shall submit once a year, or, where appropriate, more frequently, to the management body a report on the implementation of the obliged entity’s internal policies, procedures and controls drawn up by the compliance officer, and shall keep that body informed of the outcome of any reviews. The compliance manager shall take the necessary actions to remedy in a timely manner any deficiencies identified. > 7. Where the nature of the business of the obliged entity, including its risks and complexity, and its size justify it, the functions of the compliance manager and the compliance officer may be performed by the same natural person. Those functions may be cumulated with other functions. > Where the obliged entity is a natural person or a legal person whose activities are performed by one natural person only, that person shall be responsible for performing the tasks under this Article. ## Sources - AMLR Art. 11 — CELEX 32024R1624 - GwV-FINMA SR 955.033.0, Art. 24, Art. 25, Art. 25a