Activities of Bogdan Brunon WENTA related to 2016/0414(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on countering money laundering by criminal law
Amendments (7)
Amendment 28 #
Proposal for a directive
Recital 1
Recital 1
(1) Money laundering and the associated financing of terrorism and organised crime remain significant problems at the Union level, thus damaging the integrity, stability and reputation of the financial sector and threatening the internal security and the internal market of the Union. In order to tackle thoseis urgent problems and also reinforce the application of Directive 2015/849/EU34 , this Directive aims to tackle money laundering by means of criminal law, allowing for better cross- border cooperation between competent authorities. _________________ 34 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p.73).
Amendment 33 #
Proposal for a directive
Recital 9
Recital 9
(9) In order for money laundering to be an effective tool against organised crime, it should not be necessary to identify the specifics of the crime that generated the property, let alone require a prior or simultaneous conviction for that crime. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, provided it is a criminal offence in that Member State or third country. Member States may establish as a prerequisite the fa subject thato the predicate offence would have been a crime in its national law, had it been committed therconditions set out in this Directive.
Amendment 37 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Money laundering, corruption, illicit financial flows and tax evasion and avoidance remain an obstacle to sustainable development and disproportionately affect developing countries.The Union, the Member States and third countries have a shared responsibility to improve the coordination of the measures taken to counter these negative and harmful conducts and align them with their development strategies and policies.
Amendment 43 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Each Member State shall take measures to ensure that natural persons who are responsible for the crimes referred to in Articles 3 and 4, including where they have acted under cover of a legal person, are also liable to additional penalties, such as: (a) a temporary or permanent ban on entering into contracts, excluding employment contracts, with public authorities; (b) temporary disqualification from the practice of commercial activities .
Amendment 46 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) the offender is a resident.
Amendment 48 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Jurisdiction of more than one Member State Where an offence falls within the jurisdiction of more than one Member State and can be prosecuted in more than one of those Member States, on the basis of the same facts, those Member States shall cooperate in order to decide which of them is to have jurisdiction with the aim, if possible, of centralising proceedings in that Member State.To that end, those Member States may refer to Eurojust in order to facilitate cooperation between their judicial authorities and to coordinate their action. Member States referred to in the first paragraph shall include: (a) the Member State in the territory where the offence was committed; (b) the Member State where the offender is a national or resident; (c) the Member State where the victim is a national or resident; (d) the Member State in the territory where the offender was arrested.
Amendment 52 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10 a Member States shall step up the cooperation with third countries by developing an effective communication and ensuring better coordination with measures taken at the Union level, especially as regards developing countries, in order to promote good practices aiming at strengthening their financial systems and implementing efficient anti-laundering mechanisms.