10 Amendments of Lieve WIERINCK related to 2016/0208(COD)
Amendment 77 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The creation of a an European FIU assisting and supporting Member States’ FIU in their tasks would be an efficient and cost effective means to ensure reception, analysis and dissemination of money laundering and terrorist financing reports in the Internal Market.
Amendment 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2015/849/EU
Article 3 – point 6 – point a – point ii
Article 3 – point 6 – point a – point ii
(aa) in point (6) (a), point (ii) is replaced by the following: ""(ii) if, after having exhausted all possible means and, the entity fails to provided there are no grounds for suspicion, no person under point (i) is identified, or if there is any doubt that the person(s) identified are the beneficial owner(s), the identity of any natural person who meets the criteria set out in point (i), the obliged entities shall record that no beneficial owner exists and keep records of the actions taken in order to identify the beneficial ownership under point (i). Where there is any doubt that the person(s) identified are the beneficial owner(s), a record of that doubt shall be made. In addition, obliged entities shall identify and verify the identity of the relevant natural person(s) who holds the position of senior managing official(s), the obliged , who shall be identitfies shall keep records of the actions taken in order to identify the beneficial ownership under point (i) and this point;" d as the "senior manager" (and not as "beneficial owner"), and record details of all legal owners of the entity;";" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1481016627325&uri=CELEX:32015L0849)
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2015/849/EU
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(4a) in Article 13(1), the following point is inserted: (aa) screening the customer's and beneficial owner's names against the EU sanction list;
Amendment 258 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 2 a (new)
Article 30 – paragraph 1 – subparagraph 2 a (new)
(-a) in paragraph 1, the following subparagraph is added: '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. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting. 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. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting.
Amendment 266 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive 2015/849/EU
Article 30 – paragraph 4
Article 30 – paragraph 4
(9a) Paragraph 4 is replaced by the following: "4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current." over time. Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis. Obliged entities shall report any discrepancy they find between the beneficial ownership information contained in the central registers and the beneficial ownership information collected when performing their due diligence procedures." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 280 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)
Article 1 – paragraph 1 – point 9 – point b a (new)
Directive 2015/849/EU
Article 30 – paragraph 8 – subparagraph 1 a (new)
Article 30 – paragraph 8 – subparagraph 1 a (new)
(ba) in paragraph 8, the following subparagraph is added : "Before entering into a new customer relationship with a corporate or other legal entity subject to the registration of beneficial ownership information, the obliged entities shall collect proof of that registration"
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1
Article 30 – paragraph 9 – subparagraph 1
In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 and paragraph 5a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. Exemptions shall be reassessed at regular intervals not exceeding 12 months to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register.
Amendment 400 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)
Article 1 – paragraph 1 – point 18 a (new)
Directive 2015/849/EU
Chapter VI – Section 3 – Subsection IV (new)
Chapter VI – Section 3 – Subsection IV (new)
(18a) in Section 3 of Chapter VI, the following subsection IV is added: Subsection IV Article 51a By June 2017, the Commission shall present a legislative proposal to create a European FIU that would coordinate, assist and support Member Sates FIUs. This European FIU shall lend support national FIUs in maintaining and developing the technical infrastructure for ensuring the exchange of information, assist them in joint analysis of cross border cases and produce its own case analysis and coordinate the work of Member States FIUs for cross border cases. For this purpose, the national FIU shall automatically exchange information with this European FIU when investigating on a money laundering case. This legislative proposal shall take into account the results of the Commission mapping of the Member States FIUs powers and obstacles to cooperation in order to design a well-balanced and tailor made system of cooperation.
Amendment 401 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 b (new)
Article 1 – paragraph 1 – point 18 b (new)
Directive 2015/849/EU
Article 51 b (new)
Article 51 b (new)
(18b) the following Article 51b is inserted: Article 51b 1. Member States shall ensure their FIU can cooperate and exchange relevant information with their foreign counterparts. 2. Member States shall ensure that their FIU is able to make inquiries on behalf of foreign counterparts where this could be relevant to an analysis of financial transactions. At a minimum, inquiries should include: – Searching its own databases, which would include information related to suspicious transaction reports. – Searching other databases to which it may have direct or indirect access, including law enforcement databases, public databases, administrative databases and commercially available databases. Where permitted to do so, FIUs shall also contact other competent authorities and financial institutions in order to obtain relevant information
Amendment 450 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 3
Article 7 b – paragraph 3
3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2), in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.