Background
On 15 February 2022, the CSSF will start the annual online survey for the year 2021 (the “Survey”). The Survey remains mostly unchanged compared to the previous year. However, some questions have been removed, added or amended. For ease of reference, the new questions have been highlighted in the Survey.
Purpose
The purpose of the Survey remains the same (check our previous newsflash) and consists in the collection of standardised key information concerning money laundering and terrorism financing risks (“ML/TF”) to which professionals under CSSF supervision are exposed and the implementation of measures to mitigate these risks.
The Survey contributes to the CSSF’s ongoing assessment of ML/TF risks present in the financial sectors under its supervision and forms part of the AML/CFT risk-based supervision approach put in place by the CSSF.
By when is the Survey to be submitted?
The Survey has to be completed and submitted through the CSSF eDesk Portal by 15 April 2022 at the latest.
By whom is the Survey to be submitted?
The Survey has to be completed (i) for credit institutions, investment firms, investment fund managers including registered AIFMs, Luxembourg branches of AIFM, investment companies which did not designate a management company within the meaning of Article 27 of the Law of 17 December 2010 relating to undertakings for collective investment, internally managed alternative investment funds within the meaning of the Law of 12 July 2013 on alternative investment fund managers and investment funds which did not designate an investment fund manager, payment institutions and electronic money institutions, specialised professionals of the financial sector (PFS) and central securities depositories incorporated under Luxembourg law and (ii) for all Luxembourg branches of the entities mentioned under (i) having their registered office in an EU country or a third country.
The Survey must be initiated and submitted through the CSSF eDesk Portal either by:
- the compliance officer in charge of the control of compliance (“responsable du contrôle du respect des obligations professionnelles” (“RC”)); or
- the person responsible for compliance (“responsable du respect des obligations professionnelles” (“RR”)).
The CSSF indicates that the completion of the Survey can also be performed by another employee of the entity or a third party provided it has an eDesk account and LuxTrust authentication, while bearing in mind that the ultimate responsibility for the adequacy of the information contained in the Survey remains with the RC or RR.
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