# AMLR Art. 13 — Integrity of employees - **Part of:** [[AMLR]] - **FATF keying:** [[FATF R.18 - Internal controls and foreign branches and subsidiaries|FATF R.18]] - **Swiss provisions:** [[GwV-FINMA Art. 27 - Integrity and training|GwV-FINMA Art. 27]] - **Detailed citation:** GwV-FINMA Art. 27 ## What it requires AMLR Art. 13(1) requires a compliance-officer-approved assessment of skills, knowledge and expertise, and of good repute, honesty and integrity, for any employee or comparable person (including agents and distributors) directly involved in AML/CFT compliance, before they start and repeated periodically at an intensity keyed to risk. Art. 13(2) requires staff to disclose close relationships with customers and be walled off from compliance tasks touching them. Art. 13(3) requires conflict-of-interest procedures. Art. 13(4) exempts one-person obliged entities. ## Swiss position GwV-FINMA Art. 27 Abs. 1 states that combating money laundering and terrorist financing requires personnel who are of integrity and adequately trained. Abs. 2 requires the financial intermediary to select personnel carefully and to provide regular training to all affected staff on the AML/CFT aspects relevant to them. ## Key divergences GwV-FINMA Art. 27 sets a general duty of careful personnel selection and regular training. It does not specify AMLR Art. 13(1)'s mechanics: a compliance-officer-approved assessment covering both competence and integrity, performed before an employee takes up the role and repeated at a risk-based interval. Nor does it contain anything matching Art. 13(2)'s disclosure-and-recusal rule for staff with close relationships to a customer, or Art. 13(3)'s conflict-of-interest procedure requirement. Art. 13(4)'s exemption for one-person entities has no counterpart in Art. 27. ## Further connections *These links come from an article-by-article comparison of the primary texts. They add to the provisions listed at the top of this note and make no equivalence claim.* - [[GwV-FINMA Art. 25 - Further duties of AML compliance|GwV-FINMA Art. 25]] — Both are conflict-of-interest safeguards for compliance staff; AMLR Art. 13(2) bars staff from compliance tasks for customers with whom they have a close private or professional relationship (which they must report), while GwV-FINMA Art. 25 Abs. 3 only bars the internal monitoring person from controlling a relationship for which they are directly business-responsible. *(related)* ## Authoritative text > [!quote]- Regulation (EU) 2024/1624 (AMLR), Article 13 — English text (EUR-Lex, CELEX 32024R1624) > **Article 13** > *Integrity of employees* > 1. Any employee, or person in a comparable position, including agents and distributors, directly participating in the obliged entity’s compliance with this Regulation, Regulation (EU) 2023/1113 and any administrative act issued by any supervisor, shall undergo an assessment commensurate with the risks associated with the tasks performed and whose content is approved by the compliance officer of: > (a) individual skills, knowledge and expertise to carry out their functions effectively; > (b) good repute, honesty and integrity. > The assessment referred to in the first subparagraph shall be performed prior to taking up of activities by the employee or person in a comparable position, including agents and distributors, and shall be regularly repeated. The intensity of the subsequent assessments shall be determined on the basis of the tasks entrusted to the person and risks associated with the function they perform. > 2. Employees, or persons in comparable positions, including agents and distributors, entrusted with tasks related to the obliged entity’s compliance with this Regulation, Regulation (EU) 2023/1113 and any administrative act issued by any supervisor, shall inform the compliance officer of any close private or professional relationship established with the obliged entity’s customers or prospective customers and shall be prevented from undertaking any tasks related to the obliged entity’s compliance in relation to those customers. > 3. Obliged entities shall have in place procedures to prevent and manage conflicts of interest that may affect the carrying out of tasks related to the obliged entity’s compliance with this Regulation, Regulation (EU) 2023/1113 and any administrative act issued by any supervisor. > 4. This Article shall not apply where the obliged entity is a natural person or a legal person whose activities are performed by one natural person only. ## Sources - AMLR Art. 13 - CELEX 32024R1624 - GwV-FINMA SR 955.033.0, Art. 27