CCBE paper

07/07/2025

The CCBE published a paper about the Bars and their AML supervision and practices. In this paper multiple recommendations emerged. 

Results

Of the 26 countries that completed the questionnaire, 20 have supervisory powers concerning AML. In 19 of these, supervisory measures are carried out by bars, either on-site or off-site. In each country, supervision is different, but in many countries, regulators have the following authority:
- Matter inspections
- Request information
- Review matters.

At 16 bars, these actions are fulfilled on a regular basis, mainly annual.

Sanctioning the negligence in lawyers' AML compliance is also not the same in every country. This is mainly due to the distinction between disciplinary sanctions, administrative sanctions and criminal sanctions and the allocation of powers at the national level. There are different sanctions that are applied:

• fines (indicated in 24 countries)
• warning/reprimand (indicated in 17 countries)
• temporary suspension, expulsion or prohibition from practising as a lawyer (13 countries)
• permanent removal/removal/removal from the list of lawyers (in 17 countries).

Some bar associations support lawyers with questions on AML issues, guidance and regular updates. All bar associations organise training on AML for lawyers.

Recommendations

The following areas for improvement for bar associations emerge from the report:

• Create more hotlines for lawyers specifically focused on AML issues.
• Increase exchanges on AML with FIUs and other authorities.
• Regularly share information on experiences and best practices with the CCBE.
• Proper and systematic collection of statistics, data and risks on AML compliance by lawyers
• Engage in dialogue with national authorities to improve legislation.
• Bar associations can provide sectoral analysis of AML risks.