BETA

11 Amendments of Anneliese DODDS related to 2016/0208(COD)

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Anneliese DODDS, Paul TANG

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)

Directive 2015/849/EU
Article 3 – point 6 – point a – point i a (new)

(aa) in point (6)(a), the following point is inserted: (ia) senior managers, nominee directors, administrators and other proxies or agents shall never be identified as beneficial owners;

2016/12/19
Committee: ECON LIBE

Peter SIMON, Birgit SIPPEL, Jeppe KOFOD, Ramón JÁUREGUI ATONDO, Maria GRAPINI, Pervenche BERÈS, Anneliese DODDS

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a e (new)

Directive 2015/849/EU
Article 3 – point 9 – introductory part

"(ae) in point (9) introductory part is replaced by the following: "(9) '"politically exposed person'" means a natural person who is or who has been entrusted with prominent ~~public func~~functions in politics, economy and administrations and includes the following:" Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015L0849)

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2015/849/EU
Article 13 – paragraph 6 a (new)

(4a) In Article 13, the following paragraph is added: 6a. Member States shall ensure that when customer due diligence measures, as described in this Article, do not allow the identification of the beneficial owner, or where there are reasonable doubts that the person(s) identified are the beneficial owner(s), the business relationship is refused or terminated, and that no transactions are executed.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)

Directive 2015/849/EU
Article 20 a (new)

(7b) The following Article 20a is inserted: Article 20a 1. Member States shall enact national legislation providing for the elaboration of lists of Politically Exposed Persons resident in their territory. 2. The Commission, in cooperation and gathering data submitted by Member States and international organisations, shall assemble a list of politically exposed persons resident in the EU. The list shall be accessible by competent authorities and by obliged entities. 3. The above paragraphs shall not exempt obliged entities from their customer due diligence obligations, and obliged entities shall not rely exclusively on that information as sufficient to fulfil those obligations. 4. Member States shall take all appropriate measures to prevent the trade of information for commercial purposes on politically exposed persons, or persons who are or who have been entrusted with a prominent function by an international organisation.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)

Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 2 a (new)

(-a) in paragraph 1 the following subparagraph is inserted: Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a a (new)

Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 2 b (new)

(-aa) in paragraph 1 the following subparagraph is added: Member States shall ensure that, when acting on behalf of another person, the nominee owner(s) or director(s) in corporate and other legal entities are required to maintain information identifying their nominator.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Anneliese DODDS, Jonás FERNÁNDEZ

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a

Directive 2015/849/EU
Article 31 – paragraph 1– subparagraph 1

Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand, waaf or fideicomiso, and all other similar, in terms of structure or function, existing or future legal arrangements.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Anneliese DODDS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1

The information held in the register referred to in paragraph 3a of this Article with respect to any ~~other~~ trusts ~~than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or organisation that can demonstrate a legitimate interest~~or similar legal entities shall be public.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Anneliese DODDS, Caterina CHINNICI

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)

Directive 2015/849/EU
Article 32 b (new)

(12a) the following Article 32b is inserted: Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling land and buildings within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(a) or a unique identification number; – for the beneficial owner of the real property: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; – for the real property: date and cause of ownership acquisition, mortgage and rights other than ownership; – for the land: location, parcel number, land category (current state of land), parcel area (area of land); – for the building: location, parcel number, building number, type, structure, floor area. 4. Member States shall cooperate among themselves and with the Commission in order to establish by 1 January 2018 a European real property register in accordance with paragraph 1 building on the European Land Information Service (EULIS).

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Maria GRAPINI, Jeppe KOFOD, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Anneliese DODDS, Caterina CHINNICI, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)

Directive 2015/849/EU
Article 38

(13b) Article 38 is replaced by the following: Member States shall ensure that individuals, including employees and representatives of the obliged entity, who report suspicions of money laundering or terrorist financing internally or to the FIU, are legally protected from being exposed to threats or hostile action, and in particular from adverse or discriminatory employment actions.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS, Caterina CHINNICI, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 13 c (new)

Directive 2015/849/EU
Article 38 – paragraph 1 a (new)

(13c) in Article 38, the following paragraph is added: 1a. Member States shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting suspicions of money laundering or terrorist financing internally or to the FIU are able to present a complaint in a safe manner to the respective competent authorities. Member States shall ensure that competent authorities have the legal duty to carry out an investigation and emit a decision. Judicial redress against the decision shall always be possible.

2016/12/19
Committee: ECON LIBE