34 Amendments of Gunnar BECK related to 2021/0250(COD)
Amendment 227 #
Proposal for a directive
Recital 4
Recital 4
(4) This new instrument is part of a comprehensive package aiming at strengthening the Union’s AML/CFT framework. Together, this instrument, Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], Regulation [please insert reference – proposal for a recast of Regulation (EU) 2015/847 - COM/2021/422 final] and Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final] will form the legal framework governing the AML/CFT requirements to be met by obliged entities and underpinning the Union’s AML/CFT institutional framework, including the establishment of an Authority for anti- money laundering and countering the fina widening of the remit of the existing European Banking Authority (‘EBA’), an independent EU body that aims to ensure an effective and consistent level of prudential regulation and supervision across the European bancking of terrorism (‘AMLA’)sector.
Amendment 229 #
Proposal for a directive
Recital 6
Recital 6
(6) Specific money laundering and terrorist financing threats, risks and vulnerabilities affecting certain economic sectors at national level diminish in distinct manners Member States ability to contribute to the integrity and soundness of the Union financial system. As such, it is appropriate to allow Member States, upon identification of such sectors and specific risks to decide to apply AML/CFT requirements to additional sectors than those covered by Regulation [please insert reference – proposal for Anti-Money Laundering Regulation]. With a view to preserving the effectiveness of the internal market and the Union AML/CFT system, the Commission should be able, with the support of AMLA,EBA, as an independent authority, should be able to assess whether the intended decisions of the Member States to apply AML/CFT requirements to additional sectors are justified. In cases where the best interests of the Union would be achieved at Union level as regards specific sectors, the Commission should inform that Member State that it intends to take action at Union level instead and the Member State should abstain from taking the intended national measures.
Amendment 232 #
Proposal for a directive
Recital 7
Recital 7
(7) In light of the specific anti-money laundering vulnerabilities that have been witnessed in the electronic money issuing, and the payment services and the crypto-assets service providing industry, it should be possible for Member States to require that those providers established on their territory in forms other than a branch and the head office of which is situated in another Member State appoint a central contact point. Such a central contact point, acting on behalf of the appointing institution, should ensure the establishments' compliance with AML/CFT rules.
Amendment 236 #
Proposal for a directive
Recital 10
Recital 10
(10) The CommissionABE is well placed to review specific cross-border threats that could affect the internal market and that cannot be identified and effectively combatted by individual Member States. It should therefore be entrusted with the responsibility for coordinating the assessment of risks relating to cross-border activities. Involvement of the relevant experts, such as the Expert Group on Money Laundering and Terrorist Financing and the representatives from the FIUs, as well as, where appropriate, from other Union-level bodies, is essential for the effectiveness of the process of the assessment of risks. National risk assessments and experience are also an important source of information for that process. Such assessment of the cross- border risks by the CommissionABE should not involve the processing of personal data. In any event, data should be fully anonymised. National and Union data protection supervisory authorities should be involved only if the assessment of the risk of money laundering and terrorist financing has an impact on the privacy and data protection of individuals.
Amendment 244 #
(15) To be able to review the effectiveness of their systems for combating money laundering and terrorist financing, Member States should maintain, and improve the quality of, relevant statistics. With a view to enhancing the quality and consistency of the statistical data collected at Union level, the Commission and the AMLAABE should keep track of the Union-wide situation with respect to the fight against money laundering and terrorist financing and should publish regular overviews.
Amendment 252 #
(19) With a view to enhancing transparency in order to combat the misuse of legal entities, Member States should ensure that beneficial ownership information is stored in a central register located outside the company, in full compliance with Union law. Member States can, for that purpose, use a central database, which collects beneficial ownership information, or the business register, or another central register. Member States may decide that obliged entities are responsible for filling in the register. Member States should make sure that in all cases that information is made available to competent authorities and FIUs and is provided to obliged entities when they take customer due diligence measures.
Amendment 286 #
Proposal for a directive
Recital 36
Recital 36
(36) Directive (EU) 2018/843 achieved the interconnection of Member States’ central registers holding beneficial ownership information through the European Central Platform established by Directive (EU) 2017/1132 of the European Parliament and of the Council30. Continued involvement of Member States in the functioning of the whole system should be ensured by means of a regular dialogue between the Commission and the representatives of Member States on the issues concerning the operation of the system and on its future development. _________________ 30 Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (OJ L 169, 30.6.2017, p. 46).
Amendment 309 #
Proposal for a directive
Recital 49
Recital 49
(49) For the purposes of greater transparency and accountability and to increase awareness with regard to their activities, FIUs should issue activity reports on an annual basis. These reports should at least provide statistical data in relation to the suspicious transaction reports received, the number of disseminations made to national competent authorities, the number of requests submitted to and received by other FIUs as well as, information on trends and typologies identified as well as requests submitted to and received from competent authorities, Europol and EPPO. This report, should be made public except for the elements which contain sensitive and classified information. At least once annually, the FIU should provide each obliged entities with feedback on the quality of suspicious transaction reports, their timeliness, the description of suspicion and any additional documents provided. Such feedback canshould be provided to individual obliged entities or groups of obliged entities, depending on the sector, and should aim to further improve the obliged entities’ ability to detect and identify suspicious transactions and activities and enhance the overall reporting mechanisms. In case of legal disputes involving obliged entities and relating to suspicious transaction reporting, the obliged parties may, in their defence in the context of the sanctioning procedure, provide evidence of the feedback received from the FIU concerning previous filing of reports characterised by the same elements of suspicion.
Amendment 320 #
Proposal for a directive
Recital 57
Recital 57
(57) The Union has witnessed on occasions a lax approach to the supervision of the obliged entities' duties in terms of anti-money laundering and counter- terrorist financing duties. Therefore, it has become of utmost importance that competent national supervisors, as part of the integrated supervisory mechanism put in place by this Directive and Regulation [please insert reference – proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final],(EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC] obtain clarity as to their respective rights and obligations.
Amendment 322 #
Proposal for a directive
Recital 63
Recital 63
(63) Where an obliged entity operates establishments in another Member State, including through a network of agents, the supervisor of the home Member State should be responsible for supervising the obliged entity's application of group-wide AML/CFT policies and procedures. This could involve on-sitethe-spot visits in establishments based in another Member State. The supervisor of the home Member State should cooperate closely with the supervisor of the host Member State and should inform the latter of any issues that could affect their assessment of the establishment's compliance with the host AML/CFT rules.
Amendment 326 #
Proposal for a directive
Recital 70
Recital 70
(70) The importance of combating money laundering and terrorist financing should result in Member States laying down effective, proportionate and dissuasive administrative sanctions and measures in national law for failure to respect the requirements of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation]. National supervisors should be empowered by Member States to impose such measures to obliged entities to remedy the situation in the case of breaches and, where the breach so justifies, issue pecuniary sanctions. The range of sanctions and measures should be sufficiently broad to allow Member States and competent authorities to take account of the differences between obliged entities, in particular between credit institutions and financial institutions and other obliged entities, such as emerging and developing strands of the crypto-asset industry, as regards their size, characteristics and the nature of the business.
Amendment 334 #
Proposal for a directive
Recital 80
Recital 80
(80) To facilitate such cooperation in relation to credit institutions, AMLA, in consultation with the European Banking Authority,the EBA should issue guidelines specifying the main elements of such cooperation including how information should be exchanged.
Amendment 338 #
Proposal for a directive
Recital 89
Recital 89
(89) Regulatory technical standards should ensure consistent harmonisation across the Union. As the body with highly specialised expertise in the field of AML/CFT, it is appropriate to entrust AMLthe EBA with the elaboration, for submission to the Commission, of draft regulatory technical standards which do not involve policy choices.
Amendment 352 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, Member States shall notify to the CommissionEBA their intention to apply of requirements of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] to entities in additional sectors, accompanied by:
Amendment 353 #
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. Before the end of the period referred to in paragraph 3, the Commission, having consulted the Authority for anti-money laundering and counteringEuropean Banking Authority (EBA) [(EU) No 1093/2010 of the European Parliament and of the finaCouncingl of terrorism established by Regulation [please insert reference – proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final] (AMLA),24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC] shall issue a detailed opinion regarding whether the measure envisaged:
Amendment 355 #
Proposal for a directive
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) may create obstacles to growth and business development, the free movement of services or capital or to the freedom of establishment of service operators within the internal market which are not proportionate to the money laundering and terrorist financing risks the measure aims to mitigate.
Amendment 371 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States may require electronic money issuers as defined in Article 2(3) of Directive 2009/110/EC44 , and payment service providers as defined in Article 4(11) of Directive (EU) 2015/2366 and crypto-assets service providers operating through agents located in the host Member State and operating under either the right of establishment or the freedom to provide services, and whose head office is situated in another Member State, to appoint a central contact point in their territory. That central contact point shall ensure, on behalf of the entity operating on a cross-border basis, compliance with AML/CFT rules and shall facilitate supervision by supervisors, including by providing supervisors with documents and information on request. _________________ 44 Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).
Amendment 372 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. By [two years after the date of entry into force of this Directive], AMLthe EBA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall set out the criteria for determining the circumstances in which the appointment of a central contact point pursuant to paragraph 1 is appropriate, and the functions of the central contact points.
Amendment 391 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
To that end, the Commission shall, at the latest by [43 years after the date of transposition of this Directive], draw up a report identifying, analysing and evaluating those risks at Union level. Thereafter, the Commission shall update its report every fourtwo years. The Commission may update parts of the report more frequently, if appropriate.
Amendment 443 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) data measuring the sizeactivity and importance of the different sectors which fall within the scope of this Directive, including the number of natural persons and entities and the economic importance of each sector;
Amendment 481 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) a statement by the legal entity accompanied by a justification and supporting documents, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verif; identified pursuant to Articles 42and 43 of the [AML Regulation]. These documents shall be available to obliged entitieds;
Amendment 510 #
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall require that the reporting of discrepancies referred to in paragraph 5 takes place within 14 calendar days after detecting the discrepancy. In cases of lower risk to which measures under Section 3 of Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] apply, Member States may allow obliged entities to request the customer to rectify discrepancies of a technical nature that do not hinder the identification of the beneficial owner(s) directly with the entity in charge of the central registersas soon as practically possible but no later than 30 working days after detecting the discrepancy.
Amendment 515 #
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Member States shall ensure that the entity in charge of the central registers takes appropriate actions to cease the discrepancies, including amending the information included in the central registers where the entity is able to identify and verify the beneficial ownership information within 30 working days at the latest. A specific mention of the fact that there are discrepancies reported shall be included in the central registers and visible at least to competent authorities and obliged entities.
Amendment 522 #
8. In the case of corporate and other legal entities and, where the trustee is an obliged entity as listed in Article, point (3)(a), (b) or (c) of Regulation[please insert reference - proposal for Anti- Money Laundering Regulation - COM/2021/420 final], legal arrangements, Member States shall ensure that the entity in charge of the central beneficial ownership register is empowered to carry out checks, including on-site investigations, at the premises or registered office of the legal entity, in accordance with national law, or at the premises of the legal entities’ representatives in the Union in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to- date. The right of the central register to verify such information shall not be restricted, obstructed or precluded in any manner and the central register shall be empowered to request information from other entities, including in other Member States and third countries, in particular through the establishment of cooperation agreements.
Amendment 713 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the information referred to in paragraph 1, points (a), (b) and (c), is not stored in databases or registers, Member States shall take the necessary measures to ensure that FIUs can obtain that information by other means without undue delay.
Amendment 763 #
Proposal for a directive
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Member States shall ensure that FIUs provide obliged entities with feedback on the reports of suspected money laundering or terrorist financing in time and frequency adapted to the complexity of the entities. Such feedback shall cover at least the quality of the information provided, the timeliness of reporting, the description of the suspicion and the documentation provided at submission stage.
Amendment 769 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1 a (new)
Article 21 – paragraph 2 – subparagraph 1 a (new)
In case of legal disputes involving obliged entities and relating to suspicious transaction reporting, the obliged parties may, in their defence in the context of the sanctioning procedure, provide evidence of the feedback received from the FIU concerning previous filing of reports characterised by the same elements of suspicion.
Amendment 778 #
Proposal for a directive
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. Member States shall ensure that any exchange of information pursuant to Article 24 is transmitted using the FIU.net. In the event of technical failure of the FIU.net, the information shall be transmitted by any other appropriate means such as innovative technological solutions that can guarantee data protection whilst ensuring a high level of data security.
Amendment 838 #
Proposal for a directive
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Where the supervisors of the home and host Member State disagree on the measures to be taken in relation to an obliged entity, they may refer the matter to AMLthe EBA and request its assistance in accordance with Articles 5 and 10 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final]. AML. The EBA shall provide its advice on the matter of disagreement within one month.
Amendment 860 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 923 #
Proposal for a directive
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. Member States shall ensure that a decision imposing an administrative sanction or measure for breach of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] against which there is no appeal shall be published by the supervisors on their official website immediately after the person sanctioned is informed of that decision. The publication shall include at least information on the type and nature of the breach and the identity of the persons responsible. Member States shall not be obliged to apply this subparagraph to decisions imposing measures that are of an investigatory nature.
Amendment 935 #
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
For that purpose, they shall provide one or more secure communication channels or innovative technological solutions for the reporting referred to in the first subparagraph. Such channels or innovative solutions shall ensure that the identity of persons providing information is encrypted and known only to the supervisory authority, or, where applicable, self- regulatory body.
Amendment 959 #
Proposal for a directive
Article 46 – paragraph 1 – introductory part
Article 46 – paragraph 1 – introductory part
1. In order to facilitate and promote effective cooperation, and in particular the exchange of information, Member States shall communicate to the Commission and AMLEBA:
Amendment 962 #
Proposal for a directive
Article 46 – paragraph 3
Article 46 – paragraph 3
3. Member States shall ensure that the information provided to the Commission and AMLEBA pursuant to paragraph 1 is updated as soon as a change takes place.