# AMLR Art. 46 — PEP family / associates - **Part of:** [[AMLR]] - **FATF keying:** [[FATF R.12 - Politically exposed persons|FATF R.12]] - **Swiss provisions:** [[GwG Art. 2a - Definitions (incl. politically exposed persons|GwG Art. 2a]], [[GwV-FINMA Art. 13 - Higher-risk business relationships|GwV-FINMA Art. 13]] - **Detailed citation:** GwG Art. 2a; GwV-FINMA Art. 13 ## What it requires The enhanced due-diligence measures required for politically exposed persons under Articles 42, 44 and 45 - senior-management approval, source-of-wealth/funds checks, enhanced monitoring, insurance-beneficiary screening, and the post-tenure continuation duty - apply equally to a PEP's family members and to persons known to be the PEP's close associates. ## Swiss position GwG Art. 2a Abs. 2 defines a single associate category - 'nahestehende Personen' - as natural persons recognisably close to a PEP under Abs. 1 for family, personal or business reasons, without separately naming 'family members'. GwV-FINMA Art. 13 applies the PEP risk tiers to that category directly: relationships with persons close to a foreign PEP are higher-risk in every case (Abs. 3 Bst. b, cross-referring to Art. 2a Abs. 2 GwG); relationships with persons close to a domestic, intergovernmental-organisation or sports-federation PEP are higher-risk only with a further risk criterion (Abs. 4 Bst. c and e). Abs. 5 applies both tiers regardless of whether the associate acts as contracting party, controlling person, beneficial owner or authorised person. ## Key divergences AMLR Art. 46 names 'family members' and 'close associates' as two categories and extends three specific articles (42, 44, 45) to both. GwG Art. 2a Abs. 2 uses one undifferentiated 'nahestehende Personen' concept covering family, personal and business closeness, without a separately named family-member limb. Because GwV-FINMA Art. 13 mirrors the underlying PEP's own risk tier onto the associate (Abs. 3 Bst. b for foreign-PEP associates, Abs. 4 Bst. c and e for the others), every divergence that applies to the PEP category itself - the domestic/foreign automatic-versus-risk-based split, the absence of an insurance-beneficiary-specific trigger, and the 12-month/18-month mismatch on ceasing to hold office - carries through unchanged to that PEP's associates. No separate Swiss rule addresses associates on different terms from the PEP they are close to. ## 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.* - [[GwG Art. 6 - Special due diligence obligations (clarification|GwG Art. 6]] — GwG Art. 6 extends PEP higher-risk status to 'nahestehende Personen' as one concept; AMLR Art. 46 names family members and close associates separately and extends specific measures. *(related)* ## Authoritative text > [!quote]- Regulation (EU) 2024/1624 (AMLR), Article 46 — English text (EUR-Lex, CELEX 32024R1624) > **Article 46** > *Family members and persons known to be close associates of politically exposed persons* > The measures referred to in Articles 42, 44 and 45 shall also apply to family members or persons known to be close associates of politically exposed persons. ## Sources - AMLR Art. 46 — CELEX 32024R1624 - GwG SR 955.0, Art. 2a Abs. 2 - GwV-FINMA SR 955.033.0, Art. 13