The EU AML package represents a fundamental change for Czech obliged entities — a shift from national regulation under Act No. 253/2008 Coll. to a directly applicable regulation. The following text offers a comparative analysis: what applies today under Czech AML law, what the AMLR will bring from 10 July 2027, and where the specific implementation gaps lie that obliged entities should address already in 2026.
Table of contents
- Introduction: change in the legal nature of the framework
- The relationship between AMLA and FAU: who will supervise
- Comparison of key thresholds and definitions
- Customer due diligence: harmonisation of scope
- Politically exposed persons: broader definition
- Internal governance and accountability: two roles instead of one
- Timeline and the question of transitional arrangements
- Practical recommendations for 2026
Introduction: change in the legal nature of the framework
The existing anti-money laundering legal framework in the Czech Republic rests on Act No. 253/2008 Coll. on certain measures against the legalisation of proceeds of crime and terrorist financing, which transposes successive EU AML directives. This model — a directive transposed into national law — carries a structural weakness: each member state implements the transposition differently, leading to divergent interpretations and uneven enforcement across the Union.
The AML package, published in the Official Journal of the EU on 19 June 2024, fundamentally changes this model. Its core is Regulation (EU) 2024/1624 of the European Parliament and of the Council of 31 May 2024 (hereinafter 'AMLR'), which will become directly applicable from 10 July 2027. Unlike a directive, a regulation requires no transposition — it applies directly and uniformly in all member states. For Czech obliged entities, this means that a substantial part of the rules they previously looked for in Act No. 253/2008 Coll. will now be contained directly in the European regulation.
The package is complemented by Directive (EU) 2024/1640 ('AMLD6'), governing the institutional framework — national supervisory authorities, beneficial ownership registers and financial intelligence units — which the Czech Republic must transpose by 10 July 2027, and Regulation (EU) 2024/1620 establishing the Anti-Money Laundering Authority (AMLA) headquartered in Frankfurt am Main.
The relationship between AMLA and FAU: who will supervise
A common misconception is that AMLA will take over supervision of all obliged entities. That is not the case. Under Regulation (EU) 2024/1620, AMLA will from 1 January 2028 exercise direct supervision only over at most 40 of the highest-risk cross-border financial institutions operating in at least six member states; the selection process will begin on 1 July 2027.
For non-financial obliged entities — real estate intermediaries, accountants, tax advisors, lawyers and notaries — the supervisory authority remains the Financial Analytical Office (FAU). However, the framework within which the FAU exercises its supervision will change: it will be bound by methodology and standards harmonised at AMLA level. The scope for a more lenient national interpretation will narrow considerably.
Comparison of key thresholds and definitions
The most tangible impacts of AMLR lie in changes to specific thresholds and definitions that obliged entities use on a daily basis. The following overview compares the current position under Act No. 253/2008 Coll. with the AMLR rules:
Customer due diligence for occasional transactions
Under Section 9(1)(a)(1) of Act No. 253/2008 Coll., CDD must be carried out no later than when it is apparent that the value of a transaction will reach EUR 15,000 or more. Article 19 AMLR lowers this threshold to EUR 10,000.
Occasional cash transactions
AMLR newly introduces in Article 19(4) an obligation to carry out at least simplified CDD measures for occasional cash transactions of at least EUR 3,000, regardless of whether this involves a single operation or several linked operations.
Cash payment limit
Article 80 AMLR introduces a Union-wide limit of EUR 10,000 for cash payments in commercial transactions. This is a separate EU AML limit, distinct from the existing Czech restriction of CZK 270,000 under Act No. 254/2004 Coll.
Beneficial owner
Under Section 4 of Act No. 37/2021 Coll., the decisive threshold is currently 'more than 25%'. AMLR moves this to '25% or more', i.e. including an exact twenty-five percent (one-quarter) stake. A change that looks cosmetic in practice expands the circle of persons who must be recorded and screened.
Updating client information
While Act No. 253/2008 Coll. does not prescribe a fixed update cycle, Article 26(2) AMLR sets maximum periods: five years for lower-risk clients and one year for higher-risk clients, plus an obligation to update whenever circumstances change.
Customer due diligence: harmonisation of scope
Act No. 253/2008 Coll. regulates CDD quite extensively — standard CDD in Section 9, enhanced CDD in Section 9a, simplified CDD in Section 13, and the option not to perform CDD in Section 9b. The depth of CDD is governed by the risk-based approach under Section 9(3).
AMLR adopts this logic but harmonises the scope of mandatory measures and supplements it with regulatory and implementing technical standards (RTS and ITS), the final texts of which AMLA is to submit by 10 July 2026. The FAU has long flagged two recurring shortcomings in practice: insufficient review of the source of funds and inadequate assessment of the nature of a client's business. AMLR not only maintains these requirements but tightens them, meaning existing gaps will be even more likely to be found during inspections after 2027.
Politically exposed persons: broader definition
AMLR extends the category of politically exposed persons to representatives at regional and local level. Enhanced measures towards PEPs must continue for at least twelve months after leaving a prominent public function, with the period assessed on a risk basis. Compared with the current national list of PEP functions linked to Section 4(5) of Act No. 253/2008 Coll., this represents a significant broadening that will increase the number of clients requiring enhanced CDD.
Internal governance and accountability: two roles instead of one
Act No. 253/2008 Coll. works with the institution of a contact person under Section 22 and a designated person under Section 22a. AMLR introduces its own accountability structure split into two roles: a compliance officer responsible for day-to-day fulfilment of AML obligations and a compliance manager as a member of the management body with overall responsibility for the AML/CFT framework. For smaller and lower-risk entities, both roles can be combined in one person. Obliged entities should clarify in good time who will take on these roles and how they will connect to the existing Czech-law setup.
Timeline and the question of transitional arrangements
Proper preparation requires distinguishing several milestones. AMLA started operations on 1 July 2025 and took over the AML/CFT agenda from the European Banking Authority on 1 January 2026. The final text of key RTS is to be submitted by 10 July 2026. AMLR becomes directly applicable and AMLD6 must be transposed by 10 July 2027. AMLA direct supervision over selected institutions begins on 1 January 2028.
AMLR introduces no blanket 'remediation period' for existing client portfolios. Existing business relationships must be brought into compliance on a risk basis within the monitoring cycle timelines under Article 26(2) AMLR — the lowest-risk relationships no later than approximately mid-2032, higher-risk ones within one year. Every new business relationship established from 10 July 2027 must comply with AMLR immediately and in full, without any adaptation period.
Practical recommendations for 2026
The above makes clear that preparation cannot be deferred to 2027. Obliged entities are advised in particular to take the following steps:
Conduct a gap analysis
Compare existing AML processes set up under Act No. 253/2008 Coll. with AMLR requirements — in particular regarding thresholds, the beneficial owner definition and client data update cycles.
Revise the internal policies and risk assessment system
Policies and procedures should reflect the harmonised scope of customer due diligence and the expanded PEP definition under AMLR.
Assess data and system readiness
Under Article 69(1) AMLR, an obliged entity must respond to a financial intelligence unit's information request within five working days, or within 24 hours in urgent cases. Unsystematic record-keeping will not meet these deadlines.
Clarify internal governance
Determine who will take on the compliance officer and compliance manager roles and how these will connect with the existing contact person and designated person under Czech law.
Conclusion
The transition from Act No. 253/2008 Coll. to the directly applicable AMLR represents the most significant change to the Czech AML framework in the past decade. Obliged entities that begin their gap analysis and internal policy review in 2026 will enter the new regime prepared. Those that wait for the final text of all implementing standards risk running out of time to adjust their internal processes, documentation and supporting systems.
This article was originally published on ePravo.cz on 10 July 2026. The author is Petr Václavek, founder of AML PROOF, s.r.o.
Read the original on ePravo.cz