16 Amendments of Miguel URBÁN CRESPO related to 2016/0414(COD)
Amendment 1 #
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 addition, significant intentional or unintentional legislative vacuums in national and Union legislation allow for the intensifying of the problem, damaging also sound economic development, fair and inclusive participation in economic activities, having further financial and political negative implications. In order to tackle those crucial and 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 4 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
Amendment 5 #
Proposal for a directive
Recital 3
Recital 3
(3) Union action should continue to take particular account ofgo beyond the Financial Action Task Force (FATF) Recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing. The Commission should carry its own assessment regarding the efficiency of measures proposed by FATF and the implementation and effectiveness of anti money laundering measures in general. The FATF itself should undertake a revision of existing standards, an assessment of its own output , and ensure better use of financial intelligence, regional representation, credibility and efficiency. The relevant Union legal acts should, where appropriate, be further aligned with the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by the FATF in February 2012 (the ‘revised FATF Recommendations’). As a signatory to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198), the Union should transpose the requirements of that Convention into its legal order.
Amendment 6 #
Proposal for a directive
Recital 4
Recital 4
(4) Council Framework Decision 2001/500/JHA35 lays down requirements on the criminalisation of money laundering. That Framework Decision is not comprehensive enough, however, and the current incrimination of money laundering is not sufficiently coherent to effectively combat money laundering across the Union, thus leading to enforcement gaps and obstacles in the cooperation between the competent authorities in different Member States. . The Union’s multi-tier system of law making creates additional loopholes, where several Member States still have not fully implemented Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (3rd anti money laundering directive) agreed in 2005. _________________ 35 Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ L 182, 5.7.2001).
Amendment 7 #
Proposal for a directive
Recital 5
Recital 5
(5) The definition of criminal activities which constitute predicate offences for money laundering should be sufficiently extended and uniform in all the Member States. Member States should include a range of offences within each of the categories designated by the FATF, including tax evasion, fraud and avoidance, as well as any fraudulent behaviour involving concealment of income or profits. Where categories of offences, such as terrorism or environmental crimes, are set out in Union law, this Directive refers to such legislation. This ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the Member States. In cases where Union law allows Member States to provide for other sanctions than criminal sanctions, this Directive should not require Member States to establish those cases as predicate offences for the purposes of this Directive.
Amendment 9 #
Proposal for a directive
Recital 6
Recital 6
(6) Tax crimes and tax avoidance relating to direct and indirect taxes should be included in the definition of criminal activity, in line with and beyond the revised FATF Recommendations. Given that different tax offences may in each Member State constitute a criminal activity punishable by means of the sanctions referred to in this Directive, definitions of tax crimes may diverge in national law. However no harmonisation of tThe definitions of tax crimes in Member States' national law is soughtshould be extended and the punishment be stronger and properly implemented, being in this way both preventive and effective.
Amendment 11 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
Amendment 12 #
Proposal for a directive
Recital 8
Recital 8
(8) Where money laundering activity does not simply amount to the mere possession or use, but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence, such as damaging both public good and the integrity of the financial system, that activity should be punished separately. Member States should thus ensure that such conduct is also punishable when committed by the perpetrator of the criminal activity that generated that property (so-called self-laundering).
Amendment 17 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to deter money laundering throughout the Union, Member States should lay downincrease and lay down clearly defined minimum types and levels of high penalties when the criminal offences defined in this Directive are committed, also with respect to covering, inciting, aiding and abetting the commission of such criminal offences. Where the offence is committed within a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA37 8 or where the perpetrator abused their professional position to enable money laundering, Member States should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems. _________________ 37 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, (OJ L 300, 11.11.2008, p. 42)
Amendment 19 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The Union and the Member States should provide the necessary legal measures for the protection of whistle- blowers, when reporting information in relation to money laundering, including in third countries.
Amendment 20 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 22 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point h a (new)
Article 2 – paragraph 1 – point 1 – point h a (new)
(ha) tax crimes, including tax evasion and fraud and tax avoidance and any fraudulent action;
Amendment 32 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Each Member State shall ensure that covering, inciting, aiding and abetting and attempting an offence referred to in Article 3 shall be punishable.
Amendment 39 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Each Member State shall ensure that all natural persons, who ultimately own or control a legal entity through direct or indirect ownership, punishable under Articles 3 and 4, are banned from any financial and commercial activity with the public authorities.
Amendment 53 #
Proposal for a directive
Article 8 – paragraph 1 – point 1
Article 8 – paragraph 1 – point 1
(1) the exclusion of that legal person from entitlement to public positions, contracts benefits or aid, including Union related benefits or aid;
Amendment 69 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [24 months after adoption] at the latest, ensuring all the necessary resources for it. They shall immediately communicate the text of those provisions to the Commission.