# AMLR Art. 8 — Notification of cross-border operations and application of national law > GwG Art. 12a has been in force since 1 October 2026. AMLR Art. 8 applies from 10 July 2027. See [[Effective-dates timeline]]. - **Part of:** [[AMLR]] - **FATF keying:** _none_ - **Swiss provisions:** _none_ - **Detailed citation:** - ## What it requires An obliged entity operating in another Member State for the first time must notify its home supervisor before starting (at least 3 months ahead for establishments), then again on commencement and at least 1 month before any planned change. Absent a specific exemption, it applies the rules of the Member State where established, or of each Member State where it has an establishment; e-money issuers, payment service providers and crypto-asset service providers operating through agents or other infrastructure apply the host state's rules, unless Art. 38(2) of Directive (EU) 2024/1640 applies (then the head-office state's rules). A required central contact point must ensure compliance on the entity's behalf. ## Swiss position This is an EU internal-market passporting mechanism; Switzerland is a single jurisdiction with no equivalent host/home-supervisor notification. The closest domestic architecture answers a different question — which authority supervises a given intermediary — rather than whether it may operate in another jurisdiction. GwG Art. 12 allocates supervisory competence by intermediary category among FINMA, the ESBK, the intercantonal authority, the Zentralamt and recognised self-regulatory organisations (SROs). GwG Art. 14 (rev.) requires intermediaries falling under Art. 2 Abs. 3, and advisers, to affiliate with an SRO, and sets the conditions for a right to affiliate. GwG Art. 12a (rev., in force 1.10.2026) consolidates supervision under one authority where the same person is both a financial intermediary and an adviser. ## Key divergences AMLR Art. 8 solves a problem specific to a multi-state internal market: which of several national rulebooks applies to an entity crossing borders, policed by a prior-notification duty to the home supervisor. Switzerland has no internal borders of that kind for AML purposes, so no counterpart notification duty was found. The GwG provisions Art. 12, 14 and 12a instead fix, within Switzerland alone, which single supervisor or SRO is responsible for a given intermediary or adviser — including the new Art. 12a rule that consolidates supervision for a person combining both roles rather than splitting it. That is a domestic competence-allocation question, not a cross-border-operations or applicable-law question, so treating it as a full counterpart to AMLR Art. 8 would overstate the parallel. ## Effective dates GwG Art. 12a has been in force since 1 October 2026. AMLR Art. 8 applies from 10 July 2027. See [[Effective-dates timeline]]. ## Authoritative text > [!quote]- Regulation (EU) 2024/1624 (AMLR), Article 8 — English text (EUR-Lex, CELEX 32024R1624) > **Article 8** > *Notification of cross-border operations and application of national law* > 1. Obliged entities wishing to carry out activities within the territory of another Member State for the first time shall notify the supervisors of their home Member State of the activities which they intend to carry out in that other Member State. That notification shall be submitted as soon as the obliged entity takes steps to carry out the activities, and, in the case of establishments at least 3 months prior to the commencement of those activities. Obliged entities shall immediately notify the supervisors of their home Member State upon commencement of those activities in that other Member State. > The first subparagraph shall not apply to obliged entities subject to specific notification procedures for the exercise of the freedom of establishment and of the freedom to provide services under other Union legal acts or to cases where the obliged entity is subject to specific authorisation requirements in order to operate in the territory of that other Member State. > 2. Any planned change to the information communicated under paragraph 1 shall be communicated by the obliged entity to the supervisor of the home Member State at least 1 month before making the change. > 3. Where this Regulation allows Member States to adopt additional rules applicable to obliged entities, obliged entities shall comply with the national rules of the Member State in which they are established. > 4. Where obliged entities operate establishments in several Member States, they shall ensure that each establishment applies the rules of the Member State in which it is located. > 5. Where obliged entities as referred to in Article 38(1) of Directive (EU) 2024/1640 operate, in other Member States than the one where they are established through agents, distributors, or through other types of infrastructure located in those other Member States under the freedom to provide services, they shall apply the rules of the Member States in which they provide services in relation to those activities, unless Article 38(2) of that Directive applies, in which case they shall apply the rules of the Member State where their head office is located. > 6. Where obliged entities are required to appoint a central contact point pursuant to Article 41 of Directive (EU) 2024/1640, they shall ensure that the central contact point is able to ensure compliance with applicable law on behalf of the obliged entity. ## Sources - AMLR Art. 8 — CELEX 32024R1624 - GwG SR 955.0, Art. 12, Art. 14 - GwG (rev. BBl 2025 2899, in force 1.10.2026), Art. 12a