BETA

91 Amendments of Martin SCHIRDEWAN related to 2021/0239(COD)

Amendment 191 #
Proposal for a regulation
Recital 49 a (new)
(49a) With the aim of developing an open, transparent and neutral methodology for identifying third countries with significant strategic deficiencies in their national AML/CFT, third countries with compliance weaknesses in their national AML/CFT regime, and third countries which pose a specific and serious threat to the financial system of the Union, the Commission should set up an independent advisory board consisting of a range of external experts from both within and outside the Union. Those experts should include experts from independent civil society organisations, Union institutions, bodies, offices and agencies, academia, OLAF, national law enforcement authorities, the banking sector, the European Banking Authority, AMLA and representatives from FIUs. For the purposes of establishing this new methodology, the independent advisory board should develop a new set of ML/TF risk indicators. The independent advisory board should use those ML/TF risk indicators to empirically assess, against observed evidence of money laundering, whether a third country has significant strategic deficiencies in its national AML/CFT regime, has compliance weaknesses in its national AML/CFT regime or poses a specific and serious threat to the financial system of the Union. Such assessments should be transparent and replicable. The independent advisory board should carry out such assessments on the basis of independent, neutral and non-biased research by international institutions specialising in anti-money laundering, Union institutions and bodies and non- governmental organisations whose sponsoring is transparent and who do not depend diplomatically on those they evaluate.
2022/07/04
Committee: ECONLIBE
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) the measures to be applied by obliged entities to prevent and uncover money laundering and terrorist financing;
2022/07/04
Committee: ECONLIBE
Amendment 254 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
(c) measures to limit and uncover the misuse of bearer instruments.;
2022/07/04
Committee: ECONLIBE
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
(ca) the prohibition of citizenship and residence by investment schemes.
2022/07/04
Committee: ECONLIBE
Amendment 257 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘money laundering’ means the conduct as set out in Article 3, paragraphs 1(1), (2), (3), point (c), and 5 of Directive (EU) 2018/1673 including aiding and abetting, inciting and attempting to commit that conduct, whether the activities which generated the property to be laundered were carried out on the territory of a Member State or on that of a third country. Knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;
2022/07/04
Committee: ECONLIBE
Amendment 271 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
(14a) ‘high-selling professional football club’ means a legal entity established in a Member State which owns or manages a professional football club with a net turnover of EUR 200 million, or the equivalent in national currency, in a given financial year;
2022/07/04
Committee: ECONLIBE
Amendment 272 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 b (new)
(14b) ‘sports agent in the football sector’ means a natural person who provides private job placements in the football sector for prospective paid football players or for employers with a view to signing employment contracts for paid football players;
2022/07/04
Committee: ECONLIBE
Amendment 284 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
(22) ‘beneficial owner’ means any natural person who ultimately owns or controls, controls or benefits from a legal entity or express trust or similar legal arrangement, as well as any natural person on whose behalf or for the benefit of whom a transaction or activity is being conducted;
2022/07/04
Committee: ECONLIBE
Amendment 303 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
(25a) ‘high-net-worth individual’ means a natural person who owns at least EUR 2 million, or the equivalent in national currency, in liquid financial assets;
2022/07/04
Committee: ECONLIBE
Amendment 305 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26 – point c
(c) the parents and the siblings;
2022/07/04
Committee: ECONLIBE
Amendment 332 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b – point i
(i) buying and selling of real property or business entities, including the acquisition of shares of a company the business operations of which are essentially limited to the management of one or more properties;
2022/07/04
Committee: ECONLIBE
Amendment 364 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point l
(l) investment migration operators permitted to represent or offer intermediation services to third country nationals seeking to obtain the citizenship of or residence rights in a Member State in exchange of any kind of investment, including capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity to the public good and contributions to the state budget.
2022/07/04
Committee: ECONLIBE
Amendment 366 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point l a (new)
(la) sports agents in the football sector;
2022/07/04
Committee: ECONLIBE
Amendment 368 #
(lb) high-level professional football clubs;
2022/07/04
Committee: ECONLIBE
Amendment 369 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point l c (new)
(lc) football associations in Member States which are members of the Union of European Football Associations.
2022/07/04
Committee: ECONLIBE
Amendment 372 #
Proposal for a regulation
Article 4 – paragraph 1
1. With the exception of casinos, online gambling services and any gambling services offered on a cross- border basis, Member States may decide to exempt, in full or in part, providers of gambling services from the requirements set out in this Regulation on the basis of the proven low risk posed by the nature and, where appropriate, the scale of operations of such services.
2022/07/04
Committee: ECONLIBE
Amendment 377 #
Proposal for a regulation
Article 4 – paragraph 3
3. Member States, in cooperation with AMLA, shall establish risk- based monitoring activities or take other adequate measures to ensure that the exemptions granted pursuant to this Article are not abused.
2022/07/04
Committee: ECONLIBE
Amendment 392 #
Proposal for a regulation
Article 6 a (new)
Article 6a Prohibition of citizenship and residence by investment schemes Member States shall not grant citizenship or residence rights in exchange for any kind of investment, such as capital transfers, the purchase or renting of property, investments in government bonds, investments in corporate entities, the donation or endowment of an activity contributing to the public good or contributions to the state budget.
2022/07/04
Committee: ECONLIBE
Amendment 413 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
(ca) the conclusions drawn from past infringements of this Regulation by the obliged entity in question or any connection of the obliged entity in question with a case of money laundering or terrorist financing.
2022/07/05
Committee: ECONLIBE
Amendment 419 #
Proposal for a regulation
Article 9
[...]deleted
2022/07/05
Committee: ECONLIBE
Amendment 440 #
Proposal for a regulation
Article 9 a (new)
Article 9a Compliance manager and compliance officer 1. In order to prevent money laundering and terrorist financing, obliged entities shall have in place effective risk management arrangements that are appropriate to the nature and scale of their business. They shall appoint as compliance manager one executive member of their board of directors or, where there is no board, of their equivalent governing body. Compliance managers shall be responsible for ensuring compliance with this Regulation. To that end, each compliance manager shall appoint a qualified compliance officer, with the agreement of the other members of the board of directors or, where there is no board, of the equivalent governing body for a minimum period of two years. Compliance managers shall give the supervisory authority advance notice of the appointment of compliance officers. A compliance manager shall, at the request of the supervisory authority, revoke the appointment of a compliance officer where the person appointed as compliance officer does not have the necessary qualifications. 2. Obliged entities shall ensure that compliance officers are provided with adequate resources, including staff and technology, proportionate to the size of the obliged entity in question, the nature of its business relationships and transactions and the risks involved. Obliged entities shall ensure that compliance officers have the necessary powers to carry out the duties set out in paragraph 2 and have access to all information, data, records and systems that might be of relevance in connection with the performance of their duties. 3. The compliance officer shall be responsible for ensuring that the daily operations of the obliged entity concerned comply with this Regulation. To that end, the compliance officer shall develop and implement appropriate and effective policies, controls and procedures. In the case of parent undertakings, the compliance officer shall develop and implement group-wide policies, controls and procedures. The compliance officer shall be the contact point for law enforcement authorities, security authorities and supervisory authorities with regard to compliance with this Regulation. The compliance officer shall be responsible for reporting suspicious transactions in accordance with Article 50(6). In carrying out the duties set out in this paragraph, the compliance officer shall not be subject to the senior management’s right to issue instructions. 4. Compliance officers shall not be penalised in anyway, in connection with their employment, as a result of carrying out their duties. Compliance officers shall not be dismissed or given notice prior to the end of their term of appointment unless facts emerge that make it unreasonable for the obliged entity concerned to retain the person. Compliance officers may be given notice within one year of the end of their term of appointment where there is just cause. 5. Compliance managers shall notify the supervisory authority of the dismissal of compliance officers. Such notifications shall state the reasons for the dismissal. Within one year of the end of terms of appointment, compliance managers shall notify the supervisory authority of the fact that they have given notice to compliance officers. Such notifications shall state the reasons for giving notice. 6. Once a year or, where appropriate, more frequently, compliance officers shall submit a report to the board of directors of the obliged entity concerned or, if there is no board, its equivalent governing body on the implementation of the obliged entity’s internal policies, controls and procedures. Compliance officers shall keep the board of directors of the obliged entity concerned or, if there is no board, its equivalent governing body informed of the outcome of any reviews. The governing body shall take the necessary actions to remedy any deficiencies identified in a timely manner. 7. Where necessary in view of an obliged entity’s size and business structure, an obliged entity may appoint a well qualified external third party as compliance officer in order to ensure that the effort involved in carrying out the compliance officer's duties is commensurate with the quality of the work. Paragraphs 2 to 5 shall apply mutatis mutandis to that third party. 8. Where the obliged entity is a natural person or a legal person whose activities are performed by one natural person only, that natural person may perform the tasks under this Article.
2022/07/05
Committee: ECONLIBE
Amendment 443 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
2a. Obliged entities shall have in place adequate procedures to ensure that responsibility for a business relationship changes from one employee to another at appropriate intervals. Where the size of the obliged entity or the need for special qualifications does not allow for the establishment of such a procedure, the compliance officer shall carry out, in a risk-based manner, a special examination of the affected business relationships at appropriate intervals.
2022/07/05
Committee: ECONLIBE
Amendment 449 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Obliged entities shall take measures to ensure that employees, managers or agent, agents, shareholders, contractors, subcontractors, suppliers and trainees who report breaches pursuant to the first subparagraph are legally protected against retaliation, discrimination andin accordance with Directive (EU) 2019/1937 of the European Parliament and of the Council1a from being exposed to threats, retaliatory or hostile action and, in particular, adverse or discriminatory employment actions. _________________ 1a Directive (EU) 2019/1937 of the European Parliament anyd of ther unfair treatment. Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
2022/07/05
Committee: ECONLIBE
Amendment 468 #
Proposal for a regulation
Article 15 – paragraph 3
3. Providers of gambling services shall apply customer due diligence upon the collection of winnings, the wagering of a stake, or both, when carrying out transactions amounting to at least EUR 2 000 or the equivalent in national currency, whether the transaction is carried out in a single operation or in linked transactions or, in the case of online gambling services, transactions amounting to at least EUR 500 or the equivalent in national currency, whether the transaction is carried out in a single operation or in linked transactions. Providers of online gambling services shall apply customer due diligence measures each time a customer opens a gambling account with that provider.
2022/07/05
Committee: ECONLIBE
Amendment 476 #
Proposal for a regulation
Article 15 – paragraph 6 a (new)
6a. Member States shall ensure that the application of customer due diligence under this Article complies with Article 15 and Article 16(2) of Directive 2014/92/EU.
2022/07/05
Committee: ECONLIBE
Amendment 483 #
Proposal for a regulation
Article 16 – paragraph 1 – point b a (new)
(ba) identify any possible nominee shareholder or nominee director of a corporate or other legal entity, where appropriate;
2022/07/05
Committee: ECONLIBE
Amendment 488 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
1a. Obliged entities shall ensure that the customer due diligence measures under this Article apply proportionately, in accordance with the level of services offered under Directive 2014/92/EU.
2022/07/05
Committee: ECONLIBE
Amendment 492 #
Proposal for a regulation
Article 16 – paragraph 3
3. By [2 years after the date of application of this Regulation], AMLA, after consulting with Europol, shall issue guidelines on the risk variables and risk factors to be taken into account by obliged entities when entering into business relationships or carrying out occasional transactions.
2022/07/05
Committee: ECONLIBE
Amendment 495 #
Proposal for a regulation
Article 16 – paragraph 4 a (new)
4a. Member States shall ensure that the requirements for obliged entities under this Article comply with Article 15 and Article 16(2) of Directive 2014/92/EU.
2022/07/05
Committee: ECONLIBE
Amendment 499 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Where an obliged entity is unable to comply with the customer due diligence measures laid down in Article 16(1), it shall refrain from carrying out a transaction or establishing a business relationship, and shall terminate the business relationship and consider filingfile a suspicious transaction report to the FIU in relation to the customer in accordance with Article 50.
2022/07/05
Committee: ECONLIBE
Amendment 512 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Where, after having exhausted all possible means of identification pursuant to the first subparagraph, no natural person is identified as beneficial owner, or where there is any doubt that the person(s) identified is/are the beneficial owner(s), obliged entities shall identify the natural person(s) holding the position(s) of senior managing official(s) in the corporate or other legal entity and shall verify their identity. Obliged entities shall also identify the 10 natural persons holding the majority of shares or voting rights or, where the size of the entity in question does not allow for the identification of 10 natural persons, they shall identify all natural persons holding shares or voting rights, and shall verify their identity. Obliged entities shall keep records of the actions taken as well as of the difficulties encountered during the identification process, which led to and shall file a suspicious transaction resporting to the identification of a senior managing officialFIU in accordance with Article 50.
2022/07/05
Committee: ECONLIBE
Amendment 573 #
Proposal for a regulation
Article 22 a (new)
Article 22a Special provisions regarding online gambling 1. Providers of gambling services, to the extent that they provide a service which involves wagering a stake with monetary value in games of chance, including those with an element of skill such as lotteries, casino games, poker games and betting transactions that are provided by any means at a distance, by electronic means or any other technology for facilitating communication, shall be subject to this Article. 2. A provider of gambling services may only admit a person as a player to a service as referred to in paragraph 1 provided that it has set up a gambling account for the player in that player's name. 3. Providers of gambling services shall not accept any deposits or other refundable monies from players in gambling accounts that are not used for the immediate purpose of gambling. The balance in a gambling account shall not bear any interest. 4. Providers of gambling services shall ensure that transactions from players to gambling accounts are made only from payment accounts as defined in Article 4, point (12), of Directive (EU) 2015/2366 which were set up in the name of the player concerned with an obliged entity under Article 1, point (1)(a) and (d), of that Directive. Providers of gambling services shall ensure that payment transactions are only executed by means of the following payment services within the meaning of Article 4, point (3), of Directive (EU) 2015/2366: (a) a direct debit; (b) a payment transaction through a payment card or similar device; or (c) a credit transfer. 5. A provider of gambling services shall refund a player only by executing a payment transaction within the meaning of Article 4, point (5), of Directive (EU) 2015/2366 to a payment account set up in the name of that player with a payment service provider as referred to in Article 1, point (1)(a) and (d), of that Directive. A provider of gambling services shall specify the payment reference in the payment transaction in such a manner that the reason for the payment transaction is transparent to the payment service provider or an outside observer. The competent authorities may designate standard wording to be used by providers of gambling services for the purposes of the payment reference. 6. By way of derogation from Article 19, point (1), the provider of gambling services may carry out a provisional identification of a player for whom it sets up a gambling account. The provisional identification may be based on an electronic copy or copy sent by post of a document where there is little risk of money laundering or terrorist financing. Where a provider of gambling services carries out a provisional identification of a player, it shall carry out a full verification of the identity of the player and of the beneficial owner as soon as possible after setting up the gambling account.
2022/07/05
Committee: ECONLIBE
Amendment 574 #
Proposal for a regulation
Article -23 (new)
Article -23 Independent advisory board 1. The Commission shall set up an independent advisory board consisting of a range of external experts from both within and outside the Union. Those experts shall include experts from independent civil society organisations, Union institutions, bodies, offices and agencies, academia, OLAF, national law enforcement authorities, the banking sector, the European Banking Authority and AMLA and representatives from FIUs. The independent advisory board shall advise the Commission in relation to: (a) identifying third countries with significant strategic deficiencies in their national AML/CFT regimes; (b) identifying third countries with compliance weaknesses in their national AML/CFT regimes; (c) third countries which pose a specific and serious threat to the financial system of the Union; and (e) assessing whether third countries comply with their national AML/CFT regime. 2. For the purposes of the second subparagraph of paragraph 1, the independent advisory board shall develop a set of ML/TF risk indicators. The independent advisory board shall use those ML/TF risk indicators to empirically assess, against observed evidence of money laundering, whether third countries have significant strategic deficiencies in their national AML/CFT regime, have compliance weaknesses in their national AML/CFT regime or pose a specific and serious threat to the financial system of the Union. Such assessments shall be transparent and replicable. The independent advisory board shall carry out such assessments on the basis of independent, neutral and non-biased research by international institutions specialising in anti-money laundering, Union institutions and bodies and non- governmental organisations whose sponsoring is transparent and who do not depend diplomatically on those they evaluate. The independent advisory board shall communicate the results of such assessments to the Commission and make available to the public. When assessing whether a third country has significant strategic deficiencies in its national AML/CFT regime or whether a third country poses a significant threat to the financial system of the Union, the independent advisory board shall also use the criteria set out in Article 25(2).
2022/07/05
Committee: ECONLIBE
Amendment 575 #
Proposal for a regulation
Article 23 – paragraph 1
1. The Commission shall identify third countries with significant strategic deficiencies in their national AML/CFT regimes shall be identified by the Commission and. For the purposes of establishing whether a third country has significant strategic deficiencies in its national AML/CFT regime, the Commission shall consider any relevant assessments by the independent advisory board under Article -23(2) and shall use the ML/TF risk indicators referred to in Article -23(2) to assess whether the third country would meet the criteria set out in Article 25(2). Where the Commission assesses that a third country would not meet those criteria, it shall designated it as a ‘high- risk third countries’risk third country’. The Commission shall make its assessments of such third countries publicly available.
2022/07/05
Committee: ECONLIBE
Amendment 581 #
Proposal for a regulation
Article 23 – paragraph 3
3. For the purposes of paragraph 2, the Commission shall take into accountwork together with the independent advisory board and take into consideration calls for the application of enhanced due diligence measures and additional mitigating measures (‘countermeasures’) by independent civil society organisations, academia, Union institutions, bodies, offices and agencies involved in the AML/CFT framework, international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing, as well as relevant evaluations, assessments, reports or public statements drawn up by them.
2022/07/05
Committee: ECONLIBE
Amendment 589 #
Proposal for a regulation
Article 24 – paragraph 1
1. The Commission shall identify third countries with compliance weaknesses in their national AML/CFT regimes shall be identified by the Commission. . For the purposes of establishing whether a third country has compliance weaknesses in its national AML/CFT regime, the Commission shall follow the relevant assessments of the independent advisory board referred to in Article - 23(2).
2022/07/05
Committee: ECONLIBE
Amendment 594 #
Proposal for a regulation
Article 24 – paragraph 3
3. The Commission, when drawing up the delegated acts referred to in paragraph 2 shall work together with the independent advisory board and take into account information on jurisdictions under increased monitoring by independent civil society organisations, academia, Union institutions and bodies involved in the AML/CFT framework, international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing, as well as relevant evaluations, assessments, reports or public statements drawn up by them.
2022/07/05
Committee: ECONLIBE
Amendment 600 #
Proposal for a regulation
Article 25 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 60shall identifying third countries that pose a specific and serious threat to the financial system of the Union and the proper functioning of the internal market other than those covered by Articles 23 and 24.
2022/07/05
Committee: ECONLIBE
Amendment 602 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
1a. In order to identify the countries referred to in paragraph 1, the Commission is empowered to adopt delegated acts in accordance with Article 60 to supplement this Regulation where a specific and serious threat to the financial system of the Union and to the proper functioning of the internal market other than those covered by Articles 23 and 24 has been identified.
2022/07/05
Committee: ECONLIBE
Amendment 603 #
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
2. The Commission, when drawing up the delegated acts referred to in paragraph 1a, shall take into account, in particular, any assessments by the independent advisory board under Article -23(2) identifying third countries as posing a specific and serious threat to the financial system of the Union and the following criteria:
2022/07/05
Committee: ECONLIBE
Amendment 608 #
Proposal for a regulation
Article 25 – paragraph 2 – point a – point v a (new)
(va) the position of that third country on the Union list of non-cooperative jurisdictions for tax purposes;
2022/07/05
Committee: ECONLIBE
Amendment 609 #
Proposal for a regulation
Article 25 – paragraph 2 – point a – point v b (new)
(vb) the prevalence of cooperate opacity and financial secrecy laws;
2022/07/05
Committee: ECONLIBE
Amendment 618 #
Proposal for a regulation
Article 25 – paragraph 3
3. For the purposes of determining the level of threat referred to in paragraph 1, tThe Commission may request AMLA to adopt an opinion aimed at assessing the specific impact on the integrity of the Union’s financial system due to the level of threat posed by a third country.
2022/07/05
Committee: ECONLIBE
Amendment 621 #
Proposal for a regulation
Article 25 – paragraph 4
4. The Commission, when drawing up the delegated acts referred to in paragraph 1a, shall take into account in particular relevant evaluations from independent civil society organisations, independent academia, Union institutions and bodies involved in the AML/CFT framework, assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing.
2022/07/05
Committee: ECONLIBE
Amendment 631 #
Proposal for a regulation
Article 26 – paragraph 1
1. By [3 years from the date of entry into force of this Regulation], AMLA shall, in cooperation with the independent advisory board, adopt guidelines defining the money laundering and terrorist financing trends, risks and methods involving any geographical area outside the Union to which obliged entities are exposed. AMLA shall take into account, in particular, the assessments provided by the independent advisory board and the risk factors listed in Annex III. Where situations of higher risk are identified, the guidelines shall include enhanced due diligence measures that obliged entities shall consider applying to mitigate such risks.
2022/07/05
Committee: ECONLIBE
Amendment 674 #
Proposal for a regulation
Article 29 – paragraph 1 – point b – point v a (new)
(va) imposing a financial penalty on obliged entities that maintain business relationships with legal entities in the third country concerned.
2022/07/05
Committee: ECONLIBE
Amendment 684 #
Proposal for a regulation
Article 32 – title
Specific provisions regarding politically exposed persons and high-net-worth individuals
2022/07/05
Committee: ECONLIBE
Amendment 685 #
Proposal for a regulation
Article 32 – paragraph 1
1. In addition to the customer due diligence measures laid down in Article 16, obliged entities shall have in place appropriate risk management systems, including risk-based procedures, to determine whether the customer or the beneficial owner of the customer is a politically exposed person or a high-net- worth individual.
2022/07/05
Committee: ECONLIBE
Amendment 687 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
2. With respect to transactions or business relationships with politically exposed persons or high-net-worth individuals, obliged entities shall apply the following measures:
2022/07/05
Committee: ECONLIBE
Amendment 688 #
Proposal for a regulation
Article 32 – paragraph 2 – point a
(a) obtain senior management approval for establishing or continuing business relationships with politically exposed persons or high-net-worth individuals;
2022/07/05
Committee: ECONLIBE
Amendment 689 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
(b) take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or transactions with politically exposed persons or high-net-worth individuals;
2022/07/05
Committee: ECONLIBE
Amendment 693 #
Proposal for a regulation
Article 32 – paragraph 3 – point b
(b) the level of risk associated with a particular category of politically exposed person or high-net-worth individual, their family members or persons known to be close associates, including guidance on how such risks are to be assessed after the person no longer holds a prominent public function for the purposes of Article 35.
2022/07/05
Committee: ECONLIBE
Amendment 726 #
Proposal for a regulation
Article 40 – paragraph 2 – point c
(c) the drawing up and approval of the obliged entity’s policies, controls and procedures to comply with the requirements of this Regulation;
2022/07/05
Committee: ECONLIBE
Amendment 734 #
Proposal for a regulation
Article 40 – paragraph 2 – point e
(e) the identification of criteria for the detection of suspicious or unusual transactions and activities;deleted
2022/07/05
Committee: ECONLIBE
Amendment 737 #
Proposal for a regulation
Article 40 – paragraph 2 – point f
(f) the reporting of suspicious activities or threshold-based declarations to the FIU pursuant to Article 50.deleted
2022/07/05
Committee: ECONLIBE
Amendment 747 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
1. In case of corporate entities, the beneficial owner(s) or owners as defined in Article 2(22) shall be the natural person(s) who control(s) or persons who own, control or benefit from, directly or indirectly, the corporate entity, either through an ownership interest or through control via other means.
2022/07/05
Committee: ECONLIBE
Amendment 762 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
For the purpose of this Article, ‘control through an ownership interest’ shall mean an ownership of 25% plus one of that least one shares or voting rights or other ownership interest in the corporate entity, including through bearer shareholdings, on every level of ownership.
2022/07/05
Committee: ECONLIBE
Amendment 767 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point a
(a) the right to appoint or remove more than halfany of the members of the board or similar officers of the corporate entity;
2022/07/05
Committee: ECONLIBE
Amendment 775 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point e a (new)
(ea) a power of attorney to manage or dispose of the corporate entity’s assets or income, in particular its bank or financial accounts.
2022/07/05
Committee: ECONLIBE
Amendment 782 #
Proposal for a regulation
Article 42 – paragraph 3
3. Member States shall notify to the Commission by [3 months from the date of application of this Regulation] a list of the types of corporate and other legal entities existing under their national laws with beneficial owner(s) identified in accordance with paragraph 1 and paragraph 5a. The notification shall include the specific categories of entities, description of characteristics, names and, where applicable, legal basis under the national laws of the Member States. It shall also include an indication of whether, due to the specific form and structures of legal entities other than corporate entities, the mechanism under Article 45(3) applies, accompanied by a detailed justification of the reasons for that.
2022/07/05
Committee: ECONLIBE
Amendment 783 #
Proposal for a regulation
Article 42 – paragraph 3 a (new)
3a. By … [3 months from the date of application of this Regulation], Member States shall notify the Commission of any type of legal vehicle explicitly excluded from the list referred to in paragraph 3 and any type of legal vehicle implicitly excluded from that list, such as where a legal vehicle is not considered a legal person, and provide a justification for such an exclusion. The Commission shall make such notifications public.
2022/07/05
Committee: ECONLIBE
Amendment 790 #
Proposal for a regulation
Article 42 – paragraph 5 – introductory part
5. The provisions of this Chapter shall notalso apply to:
2022/07/05
Committee: ECONLIBE
Amendment 792 #
Proposal for a regulation
Article 42 – paragraph 5 – point a
(a) companies listed on a regulated market that is subject to disclosure requirements consistent with Union legislation or subject to equivalent international standards; and
2022/07/05
Committee: ECONLIBE
Amendment 793 #
Proposal for a regulation
Article 42 – paragraph 5 a (new)
5a. By way of derogation from paragraph 1, first subparagraph, the Commission shall be empowered to adopt delegated acts in accordance with Article 60 to supplement this Regulation in order to identify on a risk-sensitive basis specific categories of low-risk corporate or other legal entities existing in Member States for which ‘control through an ownership interest’ shall mean an ownership of 5% or, where appropriate, 10% plus one of the shares or voting rights or other ownership interest in the corporate entity on every level of ownership.
2022/07/05
Committee: ECONLIBE
Amendment 794 #
Proposal for a regulation
Article 42 – paragraph 5 b (new)
5b. For the purposes of paragraph 5a, the Commission shall take into account the opinion of AMLA and other Union bodies, offices and agencies involved in the AML/CFT framework and civil society organisations with competence in the field of preventing money laundering and combating terrorist financing, as well as relevant evaluations, assessments, reports or public statements drawn up by them. The Commission shall also take into account the findings of the risk assessments referred to in Article 7 and 8 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final]. The identified categories of low-risk corporate or other legal entities referred to in paragraph 5a shall be made public by the Commission accompanied by a justification.
2022/07/05
Committee: ECONLIBE
Amendment 795 #
Proposal for a regulation
Article 42 – paragraph 5 c (new)
5c. The Commission shall review the delegated acts referred to in paragraph 5a on a regular basis to ensure that the identification of specific categories of low-risk corporate and other legal entities is proportionate and adequate to the development and changes in AML/CFT risks.
2022/07/05
Committee: ECONLIBE
Amendment 799 #
Proposal for a regulation
Article 43 – paragraph 1 – point e
(e) any other natural person exercising ultimate control over the express trust by means of direct or indirect ownership or by other means, including through a chain of control or ownership, irrespective of any threshold.
2022/07/05
Committee: ECONLIBE
Amendment 815 #
Proposal for a regulation
Article 45 – paragraph 2
2. Where, after having exhausted all possible means of identification pursuant to Articles 42 and 43, no person is identified as beneficial owner, or where there is any doubt that the person(s) identified is the beneficial owner(s), the corporate or other legal entities shall keep records of the actions taken in order to identify their beneficial owner(s). and file a suspicious transaction report to the FIU in accordance with Article 50.
2022/07/05
Committee: ECONLIBE
Amendment 823 #
Proposal for a regulation
Article 45 – paragraph 3 – point b a (new)
(ba) the details on the 10 natural persons holding the majority of shares or voting rights or, where the size of the entity in question does not allow for the identification of 10 natural persons, the details on all natural persons holding shares or voting rights.
2022/07/05
Committee: ECONLIBE
Amendment 832 #
Proposal for a regulation
Article 48 – paragraph 1 – point a
(a) enter into or hold a business relationship with an obliged entity;
2022/07/05
Committee: ECONLIBE
Amendment 834 #
Proposal for a regulation
Article 48 – paragraph 1 – point b
(b) acquire or hold real estate in their territory.
2022/07/05
Committee: ECONLIBE
Amendment 838 #
Proposal for a regulation
Article 48 – paragraph 2 a (new)
2a. Where, after having exhausted all possible means of identification pursuant to Articles 42 and 43, no person is identified as beneficial owner, Article 45(2) and (3) shall apply. However, where a foreign legal entity or another legal arrangement is incorporated or administered in a third country identified as a 'high-risk third country' in accordance with Article 23 or as a third country posing a threat to the Union’s financial system in accordance with Article 25 and no person is identified as beneficial owner, that foreign legal entity or other legal arrangement shall be prohibited from entering into a business relationship with an obliged entity or from acquiring real estate in a Member State.
2022/07/05
Committee: ECONLIBE
Amendment 839 #
Proposal for a regulation
Article 49 – paragraph 1
Member States shall lay down the rules on sanctions applicable to infringements of the provisions of this Chapter and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. The sanctions provided for shall include, at least in cases of repeated infringements of the provisions of this Chapter, the suspension of the right to conclude, or a prohibition on concluding, contracts within the Union with respect to corporate and other legal entities.
2022/07/05
Committee: ECONLIBE
Amendment 858 #
Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 1
A suspicion is based on the characteristics of the customer, the size and nature of the transaction or activity, the link between several transactions or activities and any other circumstance known to the obliged entity, including the consistency of the transaction or activity with the risk profile of the client and the characteristics of the transaction or customer when linked to patterns highlighted by the risk assessments conducted in accordance with Articles 7 and 8 of Directive [please insert reference proposal for 6th Anti- Money Laundering Directive - COM/2021/423 final].
2022/07/05
Committee: ECONLIBE
Amendment 861 #
Proposal for a regulation
Article 50 – paragraph 3
3. By [two years after entry into force of this Regulation], AMLA shall develop draft implementing technical standards and submit them to the Commission for adoption. Those draft implementing technical standards shall specify the format to be used for the reporting of suspicious transactions pursuant to paragraph 1 and establish a risk-based classification system to establish the level of priority of suspicious transaction reports.
2022/07/05
Committee: ECONLIBE
Amendment 864 #
Proposal for a regulation
Article 50 – paragraph 5
5. AMLA shall, following a consultation with other Union bodies, offices and agencies involved in the AML/CFT framework, issue and periodically update guidance on indicators of unusual or suspicious activity or behaviours.
2022/07/05
Committee: ECONLIBE
Amendment 875 #
Proposal for a regulation
Article 51 – paragraph 2 a (new)
2a. Obliged entities and, where applicable, the directors and employees engaging with politically exposed persons may report suspicious transactions related to politically exposed persons directly to AMLA through secure channels established by AMLA for that purpose. AMLA shall notify the respective national FIU and monitor the FIU's follow-up on the report in a risk-based manner or request a joint analysis in accordance with Article 25 of Directive [please insert reference –proposal for 6th Anti-Money Laundering Directive -COM/2021/423 final].
2022/07/05
Committee: ECONLIBE
Amendment 933 #
Proposal for a regulation
Article 59 – paragraph 2
2. Member States may adopt lower 2. limits following consultation of the European Central Bank in accordance with Article 2(1) of Council Decision 98/415/EC57 provided that financial inclusion is guaranteed in accordance with Article 15 and Article 16(2) of Directive 2014/92/EU. Any lower limit adopted by Member States shall be in accordance with the status and functioning of euro banknotes as legal tender and shall not be set at a lower level than objectively necessary to serve the public interest of preventing or uncovering money laundering or terrorist financing. Those lower limits shall be notified to the Commission within 3 months of the measure being introduced at national level. _________________ 57 Council Decision of 29 June 1998 on the consultation of the European Central Bank by national authorities regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42).
2022/07/05
Committee: ECONLIBE
Amendment 937 #
Proposal for a regulation
Article 59 – paragraph 4 a (new)
4a. Member States shall ensure that the FIU is informed where there are indications that payments in cash, below or above the threshold of EUR 10 000, are related to criminal activity.
2022/07/05
Committee: ECONLIBE
Amendment 939 #
Proposal for a regulation
Article 59 – paragraph 4 b (new)
4b. Persons trading in real property shall be prohibited from accepting cash payments for a transaction involving real property.
2022/07/05
Committee: ECONLIBE
Amendment 942 #
Proposal for a regulation
Article 60 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 23, 24, 25 and 2542(5a) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
2022/07/05
Committee: ECONLIBE
Amendment 943 #
Proposal for a regulation
Article 60 – paragraph 3
3. The power to adopt delegated acts referred to in Articles 23, 24, 25 and 2542(5a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2022/07/05
Committee: ECONLIBE
Amendment 944 #
Proposal for a regulation
Article 60 – paragraph 6
6. A delegated act adopted pursuant to Articles 23, 24, 25 and 2542(5a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
2022/07/05
Committee: ECONLIBE
Amendment 950 #
Proposal for a regulation
Article 63 – paragraph 1 – point b
(b) further lowering the limit for large cash paymentsimits to large cash payments established by the Union and individually by Member States, following consultation with the European Central Bank.
2022/07/05
Committee: ECONLIBE
Amendment 958 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
(a) Member States identified in the Commission’s supra-national risk assessment in Article 7 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final], as having on average a low risk in relation to money laundering and terrorist financing;
2022/07/05
Committee: ECONLIBE
Amendment 959 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point b
(b) third countries having effective AML/CFT systems as identified by the Commission upon assessment of an independent advisory board in Article 23;
2022/07/05
Committee: ECONLIBE
Amendment 960 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c
(c) Member States and third countries identified by credible sources as having a low level of corruption or other criminal activity;
2022/07/05
Committee: ECONLIBE
Amendment 961 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d
(d) Member States and third countries which, on the basis of credible sources such as mutual evaluations, detailed assessment reports or published follow-up reports, have requirements to combat money laundering and terrorist financing consistent with the revised FATF Recommendations and effectively implement those requirements.
2022/07/05
Committee: ECONLIBE
Amendment 975 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point a
(a) third countries subject to increased monitoring or otherwise identified by the FATF due to theidentified by the Commission upon assessment of an independent advisory board in Article 23 as having compliance weaknesses in their AML/CFT systems;
2022/07/05
Committee: ECONLIBE
Amendment 977 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b
(b) Member States and third countries identified by credible sources/ acknowledged processes, such as mutual evaluations, detailed assessment reports or published follow-up reports, as not having effective AML/CFT systems;
2022/07/05
Committee: ECONLIBE
Amendment 979 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point c
(c) Member States and third countries identified by credible sources/ acknowledged processes as having significant levels of corruption or other criminal activity;
2022/07/05
Committee: ECONLIBE