11 Amendments of Eero HEINÄLUOMA related to 2021/0239(COD)
Amendment 152 #
Proposal for a regulation
Recital 15
Recital 15
(15) Some categories of traders in goods are particularly exposed to money laundering and terrorist financing risks due to the The trading of high value goods and services such as gold, diamonds and other precious stones, or high-value lifestyle goods, such as cultural artefacts, luxury cars, jewellery, watches, yachts and aircrafts are particularly exposed to very significant money laundering risks regardless of the means of payment. Criminal organisations have recurrently used this method, whigch value that the small, transportable goods they deal with contain. For this reason, persons dealing in precious metals and precious stoneis easily accessible and does not require specific expertise, to convert criminal proceeds into goods that are in high demand in foreign markets. For this reason, persons dealing in precious metals and precious stones, jewels and watches, work of art as well as any other high value goods or services above 10 000 euros should be subject to AML/CFT requirements.
Amendment 162 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The Union legislation does not currently include provisions that describe the systems and controls that financial institutions, payment service providers or crypto-asset service providers should have to have in place to comply with targeted financial sanctions obligations. Where the legislation provides for certain exemptions from customer due diligence measures or from the obligation to obtain information on the payer or the payee in the context of funds transfers, there may be an apparent conflict between risk- based exemptions and the absolute requirement to comply with applicable sanctions regimes, which is an obligation of result. According to the assessment conducted by the European Banking Authority, there are different interpretations across Member States on the obligations on payment service providers to screen the payer or the payee against sanctions lists, as each payment service provider is expected to screen only its customer in some Member States, whereas, in others, each payment service provider has to screen both the payer and the payee. This situation could create regulatory arbitrage and gaps which could weaken the Union targeted financial sanctions regime. It is therefore necessary to establish common standards on the measures that financial institutions, payment service providers or crypto-asset service providers should take to comply with their financial sanctions obligations and clarify how they should comply with their obligations under the Union targeted financial sanctions regime, in particular in situations where certain exemptions from customer due measures and from the obligation to obtain information on the payer or the payee or on the originator or the beneficiary in the context of transfers of funds or crypto-assets are applied, as well as in situations where it may not be possible to identity with sufficient certainty the customer or beneficial owner, in particular when a transaction or a transfer involves an unhosted wallet or an unregulated entity.
Amendment 166 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Designations made by the United Nations Security Council which impose restrictive measures in response to a threat are not immediately enforceable by the Union. Those UN sanctions become eventually applicable in the Union not immediately, but following a due process leading to the adoption of Union measures imposing targeted financial sanctions against designated persons. During the period where the information on sanctioned persons becomes public, and the actual application of EU targeted financial sanctions, there is a risk of asset flight. For this reason, some Member States decided at national level that UN designations become immediately applicable until the adoption of similar measures by the Union while other Member States may rely on preventative measures. However, there are no common rules at Union level and fragmented measures at national level. Hence, it is necessary to ensure appropriate common mitigating measures when no appropriate measures are in place at national level in order to manage the money laundering and terrorist financing risks identified following a UN designation. UN designations are made following a threat to international peace that can emanate from terrorist activities, violation of human rights and other predicate offences. Obliged entities should consider the enhanced risks of money laundering and terrorist financing posed by persons designated by the UN pending the review of this information of the Union, or before the actual entering into force of Union targeted financial sanctions. During this period time, obliged entities should report to the competent FIU any business relationship or transaction with persons considering the suspicion of money laundering, terrorist financing or predicate offence emanating from the UN listing. The FIU should decide to suspend any transaction, withhold its consent, or suspend any account until the review of the information and the adoption, or not, of targeted financial sanctions by the Union. Such measure is without prejudice of the possibility of Member States to apply temporary measures which ensure a higher level of protection of the financial system of the Union such as temporary measures applying directly UN designations pending the adoption of measures by the Union.
Amendment 344 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point e a (new)
Article 3 – paragraph 1 – point 3 – point e a (new)
(ea) persons trading in goods and services, including motor vehicles, aircrafts and watercrafts, where the value of the transaction or linked transactions amounts to at least EUR 10 000 or the equivalent in national currency;
Amendment 484 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) obtain and assess information on whether the customer or the beneficial owner is persons involved are subjected to targeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Union targeted financial sanctions;
Amendment 490 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Without prejudice to any other measures required to comply with the obligation to apply targeted financial sanctions, credit and financial institutions and crypto-asset service providers shall screen the customer’s identity as well as the beneficial owner’s identity against the relevant sanctions lists of designated persons in order to verify that the customer is not a designated individual, entity or group subject to targeted financial sanctions.
Amendment 494 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. AMLA shall issue guidelines on the measures to be applied by obliged entities for assessing whether the customer or the beneficial owner is subject to targeted financial sanction, including how to identify entities controlled by persons subject to targeted financial sanctions.
Amendment 566 #
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Amendment 650 #
Proposal for a regulation
Article 27 – paragraph 5 – point d a (new)
Article 27 – paragraph 5 – point d a (new)
(da) the customer, the beneficial owner or any associated person is subjected to targeted financial sanctions.
Amendment 704 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36a Persons subject to restrictive measures by international organisations 1. Obliged entities shall report to the competent FIU any business relationship or transaction with persons subject to UN sanctions in the temporary period between the moment the UN designation is made publicly available and the moment targeted financial sanctions adopted by the Union become applicable. Obliged entities shall refrain from carrying out any transaction related to a person subject to UN sanctions until they have notified the competent FIU and have complied with any further specific instruction from the FIU. 2. When the competent FIU receives such a notification referred to in Paragraph 1, it shall decide to suspend any transaction, withhold its consent or suspend any account up to 10 calendar days or until the adoption of targeted financial sanctions by the Union. 3. This Article is without prejudice to the possibility of Member States to apply temporary measures which ensure a higher level of protection of the financial system of the Union such as temporary measures applying directly UN designations pending the adoption of EU targeted financial sanctions.
Amendment 707 #
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)