Spain enters a new phase in the prevention of money laundering: the future creation of ANIFI and other developments
The Spanish system for the prevention of money laundering and terrorist financing (AML/CFT) is undergoing a process of transformation. The approval by the Council of Ministers, on 28 July 2026, at first reading, of the Draft Bill on comprehensive measures in the field of AML/CFT and the financing of the proliferation of weapons of mass destruction represents the most recent manifestation of a reform that affects both the institutional architecture and the substantive content of Spain’s preventive framework.
The initiative stems from the need to adapt the national legal framework to the new European regulatory package adopted in 2024, which introduces a more harmonised and centralised framework in this area at EU level.
The following sections analyse the main developments that would result from the approval of the Draft Bill, as well as other issues of particular relevance in the current Spanish AML/CFT landscape:
(i) ANIFI as the cornerstone of the new institutional architecture
The main development introduced by the Draft Bill is the creation of the National Financial Integrity Authority (ANIFI), conceived as an independent and specialised administrative authority.
Its creation would entail a substantial reorganisation of the current institutional model. At present, Law 10/2010 distributes public powers in this area between the Commission for the Prevention of Money Laundering and Monetary Offences and its supporting bodies, primarily the Commission’s Secretariat and the Executive Service of the Commission (SEPBLAC). Among other functions, the latter is responsible for receiving and analysing suspicious transaction reports, producing financial intelligence and carrying out certain supervisory and inspection activities.
The proposed model seeks to consolidate within ANIFI functions that are currently distributed between SEPBLAC and the Commission’s Secretariat. According to the information provided by the Government, the new authority would assume the functions of Spain’s Financial Intelligence Unit, as well as supervisory, inspection and sanctioning powers.
ANIFI would also assume responsibilities relating to the implementation of international financial sanctions and the prevention of the financing of the proliferation of weapons of mass destruction. The express inclusion of this area is particularly significant, as it expands the traditional scope of Spanish AML/CFT legislation, which has so far focused primarily on money laundering and terrorist financing.
(ii) National interlocutor before AMLA
The creation of ANIFI must be considered in direct connection with the establishment of the European Authority for Anti-Money Laundering (AMLA), the new European authority created by Regulation (EU) 2024/1620.
AMLA occupies a central position within the new European system. Its functions include the direct supervision of certain high-risk financial entities with cross-border activities, the indirect supervision of the remaining financial sector, the coordination of national authorities and support for cooperation between the Financial Intelligence Units of Member States.
In this context, ANIFI would act as Spain’s single national interlocutor before the European authority. The objective is to facilitate a clearer and more effective institutional relationship, avoiding fragmentation of responsibilities and ensuring coordinated Spanish representation within the new European framework.
Consequently, the creation of ANIFI cannot be viewed solely from a domestic perspective. It constitutes a necessary element for integrating Spain into an increasingly centralised and interconnected European supervisory structure.
(iii) An independent authority with its own funding
Another relevant aspect of the announced model is the configuration of ANIFI as an independent administrative authority with its own funding system.
According to the information published, its financing would not depend entirely on allocations from the General State Budget. The authority would primarily be funded through a levy imposed on certain obliged entities subject to administrative authorisation or licensing requirements, particularly financial institutions and gambling operators.
It is also envisaged that a limited percentage of the sanctions imposed may be allocated to funding activities related to the prevention and prosecution of money laundering, terrorist financing and international cooperation.
(iv) Beyond institutional reform
Although the creation of ANIFI represents the most significant measure, the Draft Bill contains other relevant reform measures for obliged entities.
These include: (i) the incorporation of new categories of obliged entities; (ii) the strengthening of transparency mechanisms regarding beneficial ownership; (iii) the granting of new powers of verification, inspection and sanctioning in relation to the Central Register; (iv) a review of the suitability requirements applicable to individuals who carry out or manage certain activities subject to AML/CFT legislation, with the aim of preventing persons convicted of money laundering offences from acting as obliged entities or holding management responsibilities within such entities; and (v) the strengthening of controls over cash movements.
The final scope of these measures will depend, in any event, on the wording resulting from the legislative process and on any amendments introduced during the public consultation phase, the issuance of reports and the subsequent approval of the Draft Bill before Parliament.
(v) A reform still at an early stage
It should be stressed that the Council of Ministers has approved the Draft Bill at first reading. It is not yet an applicable legal instrument nor a bill formally submitted to Parliament.
Accordingly, the announced measures do not currently modify the obligations applicable to obliged entities, which remain governed by Law 10/2010 and its implementing Regulation, approved by Royal Decree 304/2014.
However, the Draft Bill provides a sufficiently clear indication of the direction of future legislative policy: greater institutional concentration, stronger supervisory and sanctioning powers, an expanded scope of application and progressive convergence with the European system.
(vi) Other regulatory initiatives underway
The creation of ANIFI forms part of a broader process of reform of the Spanish AML/CFT system.
Alongside the future creation of ANIFI, the draft ministerial order establishing the National Council for the Prevention of Money Laundering, Terrorist Financing and Proliferation Financing is currently being processed.
The Council would be established as an advisory and consultative body of the Commission for the Prevention of Money Laundering and Monetary Offences, aimed at institutionalising cooperation between competent authorities and the private sector. Its main purpose will be to facilitate information exchange, the analysis of risks and emerging typologies, the preparation of guidance and recommendations, and the definition of common priorities for action.
The draft Royal Decree amending the Regulation implementing Law 10/2010, approved by Royal Decree 304/2014, is also still under development. The reform would introduce significant adjustments regarding formal identification and non-face-to-face relationships, expand the minimum content requirements for risk assessments and strengthen the integration of international financial sanctions into obliged entities’ internal control systems.
Among other measures, the draft includes mandatory identification for transactions carried out through crypto-asset ATMs, recognition of the digital format of the Spanish national identity document (DNI), new requirements for certain non-face-to-face operations, the obligation to retain information obtained through electronic identification methods and significant implications for the gambling sector.
Conclusion
The announced transformation will have direct consequences for obliged entities. The expansion of the scope of application, the strengthening of beneficial ownership requirements and the integration of the Spanish system into the European framework will require a review of risk assessments, internal manuals, customer due diligence procedures and transaction monitoring and reporting systems.
In this context, compliance cannot be understood as a static obligation or limited to the formal approval of internal policies. It requires continuous legislative monitoring, risk assessment and adaptation of control procedures.
From the Compliance Department of Molins Defensa Penal, we will continue to monitor developments in Spanish and European AML/CFT regulation, with the aim of anticipating their impact and assisting our clients in reviewing and adapting their internal systems.
The approval of the Draft Bill represents the beginning of an open legislative process. However, its direction confirms that money laundering prevention in Spain is entering a new phase: one that is more integrated within the European framework, institutionally more centralised and likely to be more demanding from a supervisory and compliance perspective.