Why are the ToS not sufficient for AML policies? (Exchanges)

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Hello,

I'm wondering (related to the CryptoBridge shutdown), why it's not sufficient for exchanges (like CB), to just outline in their Terms of Service that they do not accept US/EU customers and are therefore not affected by the AMLD5...

Wouldn't be a simple checkbox at the sign up asking "Are you from US/EU?" enough?
If the user clicks yes, they are not allowed to registered.