Activities of Miguel VIEGAS related to 2016/0208(COD)
Plenary speeches (1)
Prevention of the use of the financial system for the purposes of money laundering or terrorist financing (debate) PT
Amendments (10)
Amendment 64 #
Proposal for a directive
Recital 9
Recital 9
(9) When dealing with natural persons or legal entities established in high-risk third countries, Member States must require obliged entities to apply enhanced customer due diligence measures to manage and mitigate risks. Each Member State therefore determines at national level the type of enhanced due diligence measures to be taken towards high-risk third countries, including the possibility of suspending the activity of institutions that continue to maintain relations with high- risk third countries. Those different approaches between Member States create weak spots on the management of business relationships involving high risk third countries identified by the Commission. Those gaps can be exploited by terrorists to channel funds in and out the Union financial system. It is important to improve the effectiveness ofput into place the list of high-risk third countries established by the Commission by providing for a harmonised treatment of those countries at Union level. This harmonised approach should primarily focus on enhanced customer due diligence measures. Nevertheless, Member States and obliged entities should be allowed to apply additional mitigating measures in addition to enhanced customer due diligence measures, in accordance with international obligations. International organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing may call to apply appropriate counters measures to protect the international financial system from the on- going and substantial money laundering and terrorist financing risks emanating from countries. Member States should enact and apply additional mitigating measures regarding high risk third countries identified by the Commission by taking into account calls for countermeasures such as those expressed by the Financial Action Task Force (FATF).
Amendment 84 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to respect privacy and protect personal data, such registries should store the minimum data necessary to the performance of AML investigations. The concerned data subjects should be informed that their data are recorded and accessible by FIUs and should be given a contact point for exercising their rights of access and rectification. When transposing these provisions, Member States should set out maximum retention periods (supported by adequate reasoning as to their duration) for the registration of personal data in registries and provide for their destruction once the information is no longer needed for the stated purpose. Access to the registries and databases should be limited on a need to know basis.
Amendment 109 #
Proposal for a directive
Recital 34
Recital 34
(34) It is essential to take into account the particularities of trusts and similar legal arrangements, as far as publicly available information on their beneficial owner is concerned. Irrespective of their qualification under national law, a distinction should be drawn between, on the one hand, trusts which consist of any property held by or on behalf of a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in the course of that business with a view to gain profit, and, on the other hand, any other trusts. Given the nature of the first category of trusts, information on their beneficial owners should be made publicly available through compulsory disclosure. Access should be given to the same limited set of data on the beneficial owner as in the case of companies.
Amendment 112 #
Proposal for a directive
Recital 35
Recital 35
Amendment 242 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2015/849/EU
Article 18 a – paragraph 3
Article 18 a – paragraph 3
3. In addition to the measures provided in paragraph 1, Member States mayshould apply one of the following measures to third countries identified as high-risk third countries pursuant to Article 9(2) in compliance with international obligations of the Union: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2015/849/EU
Article 18 a – paragraph 3 – point f a (new)
Article 18 a – paragraph 3 – point f a (new)
(fa) providing, in the event of non- compliance, for effective sanctions, which may extend to suspending the licences needed to carry out activity (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 318 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1
Article 31 – paragraph 4 a – subparagraph 1
“4a. 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.
Amendment 320 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 2
Article 31 – paragraph 4 a – subparagraph 2
Amendment 341 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point f
Article 1 – paragraph 1 – point 15 – point f
Directive 2015/849/EU
Article 31 – paragraph 8
Article 31 – paragraph 8
Amendment 432 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Directive 2009/101/EC
Article 1 a – paragraph 1 – point a
Article 1 a – paragraph 1 – point a
(a) corporate and other legal entities referred to in Article 30 of Directive 2015/849 of the European Parliament and of the Council*, including the types of companies referred to in Article 1 of this Directive, save for those which are non profit-making;