8 Amendments of Jadwiga WIŚNIEWSKA related to 2021/0250(COD)
Amendment 250 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) The rules governing the operation of beneficial ownership registers must be consistent with the requirements of Regulation (EU) 2016/679 (GDPR), in particular Article 5(1) thereof on information and the purposes for which information may be collected in the register;
Amendment 304 #
Proposal for a directive
Recital 46
Recital 46
(46) FIUs play an important role in identifying the financial operations of terrorist networks, especially cross-border, and in detecting their financial backers. Financial intelligence might be of fundamental importance in uncovering the facilitation of terrorist offences and the networks and schemes of terrorist organisations. FIUs maintain significant differences as regards their functions, competences and powers. The current differences should however not affect an FIU’s activity, particularly its capacity to develop preventive analyses in support of all the authorities in charge of intelligence, investigative and judicial activities, and international cooperation. In the exercise of their tasks, it has become essential to identify the minimum set of data FIUs should have swift access to and be able to exchange without impediments with their counterparts from other Member States. In all cases of suspected money laundering, its predicate offences and in cases involving the financing of terrorism, information should flow directly and quickly without undue delays. It is therefore essential to further enhance the effectiveness and efficiency of FIUs, by clarifying their powers of and cooperation between FIUs, tasks, rules on the exchange of information and the cooperation between FIUs, as well as by harmonising the rules on the protection of personal data and the rules on the processing of different categories of data, so as to ensure full consistency with the EU legal framework in this regard.
Amendment 704 #
Proposal for a directive
Article 18 – paragraph 1 – point c – point i
Article 18 – paragraph 1 – point c – point i
(i) any type of information or data which is already held by competent authorities in the context of preventing, detecting, investigating or prosecuting criminal offences, except information about persons, if obtained as a result of operational surveillance activities, about the specific ways of carrying out operational surveillance activities, the rules governing them and the resources and methods used in connection with them, and about persons assisting the law enforcement authorities;
Amendment 734 #
Proposal for a directive
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. Member States shall ensure that FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to a transaction that is proceeding. Such suspension shall be imposed on the obliged entity, if technically feasible, within 48 hours of receiving the suspicious transaction report in order to analyse the transaction, confirm the suspicion and disseminate the results of the analysis to the competent authorities. Member States shall ensure that subject to national procedural safeguards, the transaction is suspended for a period of a maximum of 15 calendar days from the day of the imposition of such suspension to the obliged entity.
Amendment 744 #
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Such suspension shall be imposed on the obliged entity, if technically feasible, within 48 hours of receiving the suspicious transaction report and immediately notified to the competent judicial authority. Member States shall ensure that the use of that bank or payment account is suspended for a period of a maximum of 5 days from the day of the imposition of the suspension. Member States shall ensure that any extension of such suspension shall be authorizsed by the competent judicial authority.
Amendment 795 #
Proposal for a directive
Article 24 – paragraph 7 – introductory part
Article 24 – paragraph 7 – introductory part
7. Member States shall ensure that in exceptional, justified and urgent cases and, by way of derogation from paragraph 6, where pursuant to paragraph 1 an FIU is requested to provide information which is either held in a database or registry directly accessible by the requested FIU or which is already in its possession, the requested FIU shall provide that information, if technically feasible, no later than 24 hours after the receipt of the request.
Amendment 907 #
Proposal for a directive
Article 40 – paragraph 3 – point b a (new)
Article 40 – paragraph 3 – point b a (new)
(ba) where an obliged entity is subject to an authorisation, withdraw or suspend the authorisation;
Amendment 914 #
Proposal for a directive
Article 41 – paragraph 1 – point e
Article 41 – paragraph 1 – point e