Activities of Marco ZANNI related to 2021/0250(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849
Amendments (9)
Amendment 309 #
Proposal for a directive
Recital 49
Recital 49
(49) For the purposes of greater transparency and accountability and to increase awareness with regard to their activities, FIUs should issue activity reports on an annual basis. These reports should at least provide statistical data in relation to the suspicious transaction reports received, the number of disseminations made to national competent authorities, the number of requests submitted to and received by other FIUs as well as, information on trends and typologies identified as well as requests submitted to and received from competent authorities, Europol and EPPO. This report, should be made public except for the elements which contain sensitive and classified information. At least once annually, the FIU should provide each obliged entities with feedback on the quality of suspicious transaction reports, their timeliness, the description of suspicion and any additional documents provided. Such feedback canshould be provided to individual obliged entities or groups of obliged entities, depending on the sector, and should aim to further improve the obliged entities’ ability to detect and identify suspicious transactions and activities and enhance the overall reporting mechanisms. In case of legal disputes involving obliged entities and relating to suspicious transaction reporting, the obliged parties may, in their defence in the context of the sanctioning procedure, provide evidence of the feedback received from the FIU concerning previous filing of reports characterised by the same elements of suspicion.
Amendment 391 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
To that end, the Commission shall, at the latest by [43 years after the date of transposition of this Directive], draw up a report identifying, analysing and evaluating those risks at Union level. Thereafter, the Commission shall update its report every fourtwo years. The Commission may update parts of the report more frequently, if appropriate.
Amendment 481 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) a statement by the legal entity accompanied by a justification and supporting documents, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verif; identified pursuant to Articles 42and 43 of the [AML Regulation]. These documents shall be available to obliged entitieds;
Amendment 510 #
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall require that the reporting of discrepancies referred to in paragraph 5 takes place within 14 calendar days after detecting the discrepancy. In cases of lower risk to which measures under Section 3 of Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] apply, Member States may allow obliged entities to request the customer to rectify discrepancies of a technical nature that do not hinder the identification of the beneficial owner(s) directly with the entity in charge of the central registersas soon as practically possible but no later than 30 working days after detecting the discrepancy.
Amendment 515 #
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Member States shall ensure that the entity in charge of the central registers takes appropriate actions to cease the discrepancies, including amending the information included in the central registers where the entity is able to identify and verify the beneficial ownership information within 30 working days at the latest. A specific mention of the fact that there are discrepancies reported shall be included in the central registers and visible at least to competent authorities and obliged entities.
Amendment 522 #
8. In the case of corporate and other legal entities and, where the trustee is an obliged entity as listed in Article, point (3)(a), (b) or (c) of Regulation[please insert reference - proposal for Anti- Money Laundering Regulation - COM/2021/420 final], legal arrangements, Member States shall ensure that the entity in charge of the central beneficial ownership register is empowered to carry out checks, including on-site investigations, at the premises or registered office of the legal entity, in accordance with national law, or at the premises of the legal entities’ representatives in the Union in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to- date. The right of the central register to verify such information shall not be restricted, obstructed or precluded in any manner and the central register shall be empowered to request information from other entities, including in other Member States and third countries, in particular through the establishment of cooperation agreements.
Amendment 763 #
Proposal for a directive
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Member States shall ensure that FIUs provide obliged entities with feedback on the reports of suspected money laundering or terrorist financing in time and frequency adapted to the complexity of the entities. Such feedback shall cover at least the quality of the information provided, the timeliness of reporting, the description of the suspicion and the documentation provided at submission stage.
Amendment 769 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1 a (new)
Article 21 – paragraph 2 – subparagraph 1 a (new)
In case of legal disputes involving obliged entities and relating to suspicious transaction reporting, the obliged parties may, in their defence in the context of the sanctioning procedure, provide evidence of the feedback received from the FIU concerning previous filing of reports characterised by the same elements of suspicion.
Amendment 923 #
Proposal for a directive
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. Member States shall ensure that a decision imposing an administrative sanction or measure for breach of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] against which there is no appeal shall be published by the supervisors on their official website immediately after the person sanctioned is informed of that decision. The publication shall include at least information on the type and nature of the breach and the identity of the persons responsible. Member States shall not be obliged to apply this subparagraph to decisions imposing measures that are of an investigatory nature.