# AMLR Art. 49 — Process of reliance - **Part of:** [[AMLR]] - **FATF keying:** [[FATF R.17 - Reliance on third parties|FATF R.17]] - **Swiss provisions:** [[GwV-FINMA Art. 29 - Modalities of third-party engagement|GwV-FINMA Art. 29]] - **Detailed citation:** GwV-FINMA Art. 29 ## What it requires When an obliged entity relies on another obliged entity for customer due diligence, it must obtain the Article 20(1)(a)-(c) CDD information or the business being introduced, and take steps to ensure the relied-upon entity provides, on request, copies of identification data, all supporting documents or trustworthy verification sources, and information on the purpose and intended nature of the relationship, within five working days. Terms are fixed in a written agreement, replaceable at group level by an internal procedure. ## Swiss position GwV-FINMA Art. 29 governs the mechanics once a third party has been engaged under Art. 28: the delegating financial intermediary remains supervisorily responsible for proper performance (Abs. 1), must keep a copy of the documents used to meet the duties in its own file and obtain written confirmation that the copies match the originals (Abs. 2), and must itself assess the plausibility of the results of any additional clarifications (Abs. 3). It does not set a delivery deadline comparable to the five working days in AMLR Art. 49(3). GwV-FINMA Art. 28-29 regulate delegation (*Beizug*), which FATF R.17 excludes from reliance, so this is only a loose match. ## Key divergences Both regimes require the relying entity to obtain the underlying documents, not just conclusions. AMLR Art. 49(3) fixes a hard deadline (without delay, in any case within five working days); GwV-FINMA Art. 29 has no equivalent timing rule. AMLR Art. 49(4)-(5) requires a written agreement (or, within a group, an internal procedure); Art. 29 does not itself impose a documentation-of-terms requirement, though Art. 28 requires a written agreement for the underlying engagement. Art. 29 also requires the intermediary to independently check the plausibility of additional-clarification results, a substantive quality-control duty not stated in AMLR Art. 49. ## 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.* - [[VSB 20 Art. 43 - Delegation of identification duties|VSB 20 Art. 43]] — Bank-side counterpart: written delegation agreement (Abs. 1, waivable in a group or for adequately supervised intermediaries under Abs. 4) and the delegate's duty to hand over identification documents with confirmation that the copies match the originals (Abs. 2). No delivery deadline as in Art. 49(3); the agreement does not have to regulate transmission terms. *(related)* ## Authoritative text > [!quote]- Regulation (EU) 2024/1624 (AMLR), Article 49 — English text (EUR-Lex, CELEX 32024R1624) > **Article 49** > *Process of reliance on another obliged entity* > 1. Obliged entities shall obtain from the obliged entity relied upon all the necessary information concerning the customer due diligence measures laid down in Article 20(1), points (a), (b) and (c), or the business being introduced. > 2. Obliged entities which rely on other obliged entities shall take all necessary steps to ensure that the obliged entity relied upon provides, upon request: > (a) copies of the information collected to identify the customer; > (b) all supporting documents or trustworthy sources of information that were used to verify the identity of the client, and, where relevant, of the customer’s beneficial owners or persons on whose behalf the customer acts, including data obtained through electronic identification means and relevant trust services as set out in Regulation (EU) No 910/2014; and > (c) any information collected on the purpose and intended nature of the business relationship. > 3. The information referred to in paragraphs 1 and 2 shall be provided by the obliged entity relied upon without delay and in any case within 5 working days. > 4. The conditions for the transmission of the information and documents mentioned in paragraphs 1 and 2 shall be specified in a written agreement between the obliged entities. > 5. Where the obliged entity relies on an obliged entity that is part of its group, the written agreement may be replaced by an internal procedure established at group level, provided that the conditions laid down in Article 48(3) are met. ## Sources - AMLR Art. 49 — CELEX 32024R1624 - GwV-FINMA SR 955.033.0, Art. 29