Activities of Thomas MANN related to 2016/0414(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on countering money laundering by criminal law
Amendments (7)
Amendment 2 #
Proposal for a directive
Recital 1
Recital 1
(1) Money laundering and the associrelated financing of terrorism and organised crime remain very significant problems at the Union level, thus damaging the integrity, stability and reputation of the financial sector and threateningeconomic activity. The opportunity for money laundering and the very fact of money laundering itself endangers the internal security and the internal market of the Union and destroys trust among market players. In order to tackle thoseese serious 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, faster and more efficient 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 of 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 18 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to deter money laundering throughout the Union, Member States should lay down in a catalogue minimum types and minimum levels of penalties when the criminal offences defined in this Directive are committed. Where the offence is committed within a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA378 or where the perpetrator abused their professional position to enable money laundering, Member States should make effective providesion for aggravating circumstances in accordance with the applicable rules established by their national legal systems and should make arrangements for its effective implementation. _________________ 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 25 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the acquisition, possession or use of property, knowing, at the time of receipt, that such property or subsequently, or having the possibility of coming to know, that it was derived from criminal activity or from an act of participation in such an activity.,
Amendment 33 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. EachThe Member States shall ensure that the conduct referred to in Articles 3 and 4 shall be punishable by effective, proportionatperpetrators of the criminal activities referred to in Articles 3 and 4 are subsequently prosecuted and punished and that the punishments will have and dissuasive criminal penaltieeffect on imitators.
Amendment 38 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall ensure that the offences referred to in Article 3 shall be punishable by a maximum term of imprisonment of at least fourthree and a half years, at least in serious cases.
Amendment 47 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
(c) the criminal activity was committed and funded by offshore companies; letterbox companies are involved in the criminal acts; illegal transfers of funds have taken place; money couriers and NGOs have been involved; there is a presumption of a professional activity as a money launderer if the person concerned is, for example, active in more than two money laundering syndicates or criminal groups.
Amendment 65 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Each Member State shall ensure that effective investigative tools, such as those used in countering organised crime or other serious crimes are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4. The Member States shall ensure, as soon as possible, the availability of the requisite material resources and personnel who are properly trained to pursue the investigations so that these may be conducted without delay. This is especially important to ensure effective cooperation between the relevant authorities in each country and the participating authorities in other Member States affected, as well as the EU institutions.