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Andorra’s Financial Regulatory Framework
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Andorra has implemented a comprehensive financial regulatory framework to prevent money laundering (AML) and combating financing of terrorism (CFT), protect depositors, maintain bank secrecy, and ensure a prudential regime. Here are some key points summarized:
AML/CFT Requirements
- Andorra has implemented the Fourth Anti-Money Laundering Directive and adheres to FATF recommendations.
- Banking entities must conduct due diligence on clients and transactions, report suspicious activities, maintain client admission policies, and keep documentation for ten years.
- AML/CFT training programs are mandatory, and external audits verify compliance.
Depositor Protection
- The FAGADI Law aligns with the European Parliament’s Directive 2014/49/EU on deposit guarantee schemes.
- Deposits are guaranteed up to EUR100,000, with additional coverages for specific types of deposits (e.g., real estate transactions, marriage/divorce payments).
- The FAGADI receives contributions from member entities to fund the guarantee scheme.
Bank Secrecy
- Andorran law no longer applies bank secrecy due to international requirements on tax information exchange recommended by the OECD.
- Three types of exchanges are regulated: on request, automatic, and spontaneous.
Prudential Regime
- Law 35/2018 aligns with EU directives on prudential supervision of credit institutions and investment firms.
- Banking entities must maintain adequate internal capital to cover risks and develop strategies for assessing capital adequacy.
- Minimum capital requirements are subdivided into Common Equity Tier 1, Additional Tier 1, and Tier 2 capital.