152 Amendments of Fabienne KELLER related to 2021/0250(COD)
Amendment 237 #
Proposal for a directive
Recital 12
Recital 12
(12) The Member States remain the best placed to identify, assess, understand and decide how to mitigate risks of money laundering and terrorist financing affecting them directly. Therefore, each Member State should take the appropriate steps in an effort to properly identitfy, assess and understand its money laundering and terrorist financing risks, as well as risks of non- implementation and evasion of targeted financial sanctions and to define a coherent national strategy to put in place actions to mitigate those risks. Such national risk assessment should be updated regularly and should include a description of the institutional structure and broad procedures of the Member State's AML/CFT regime, as well as the allocated human and financial resources to the extent that this. National risk assessments should remain up to date. Based on the identification of country- specific risks and for justified reasons, the Commission should be able to request Member States to review their risk assessment inf ormation is available. der to reduce money laundering and terrorist financing risks in the Union. Following a request by the Commission, Member States should promptly review their risk assessment and share the results of such a review, including a summary for public release, which should not contain classified information.
Amendment 246 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to reflect the latest developments at international level, and ensure a comprehensive framework for implementing targeted financial sanctions, multiple requirements hasve been introduced by this Directive to prevent, identify, understand, manage and mitigate risks of potential non- implementation or evasion of proliferation financing-related targeted financial sanctions at Union level and at Member State level.
Amendment 256 #
Proposal for a directive
Recital 22
Recital 22
(22) The accuracy of data included in the beneficial ownership registers is fundamental for all of the relevant authorities and other persons allowed access to that data, and to make valid, lawful decisions based on that data. Therefore, Member States should ensure that entities in charge of the central registers verify, at the time of submission of the beneficial ownership information and on a regular basis thereafter, that that information is adequate, accurate and up to date. Member States should ensure that entities in charge of central registers have at their disposal state-of- the-art technology to carry out automated verifications in a manner that safeguards fundamental rights and avoids discriminatory outcomes. Furthermore, where sufficient reasons arise, after careful analysis by the registrars, to doubt the accuracy of the beneficial ownership information held by the registers, legal entities and legal arrangements should be required to provide additional information on a risk-sensitive basis. In addition, it is important that Member States entrust the entity in charge of managing the registers with sufficient powers to verify beneficial ownership and the veracity of information provided to it, and to report any suspicion to their FIU. Such powers should extend to the conduct of inspections at the premises of the legal entities and, where applicable, to obliged entities, in accordance with applicable Union law. Similarly, such powers should extend to representatives of foreign legal persons and foreign legal arrangements in the Union, where there are such representatives.
Amendment 263 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Where a verification carried out at the time of submission of the beneficial ownership information leads an entity in charge of the register to conclude that there are inconsistencies or errors in that information, or where that information otherwise fails to fulfil the necessary requirements, Member States should ensure that such entity is able to withhold the certification of registration and any legal effects thereof or, where the inconsistencies are detected at a later stage, determine the invalidation of specific legal acts or transactions carried out by the legal entities or express trusts or similar legal arrangements, until the beneficial owner information provided is in order.
Amendment 265 #
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22b) Beneficial ownership registers are well placed to identify, in a rapid and efficient manner, those individuals who ultimately own or control legal entities and arrangements, including individuals designated in relation to targeted financial sanctions. Timely detection of such ownership structures contributes to improving the understanding of the exposure to risks of evasion of targeted financial sanctions, and to the adoption of mitigating measures to reduce such risks. It is therefore important that registers be required to screen the beneficial ownership information they hold against designations in relation to targeted financial sanctions, both immediately upon such designation and regularly thereafter, in order to detect whether changes in the ownership or control structure of the legal entity or arrangement are conducive to risks of evasion of targeted financial sanctions. Entities in charge of beneficial ownership registers should promptly share such findings with competent authorities, including FIUs and AML/CFT supervisors, for the purposes of ensuring compliance with targeted financial sanctions.
Amendment 268 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) FIUs, other competent authorities, self-regulatory bodies and obliged entities should have prompt, unrestricted and free access to beneficial ownership information through the European Central Platform for the purposes of fulfilling their duties of combating money laundering and terrorism financing and carrying out due diligence.
Amendment 285 #
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 . It is essential that the European Central Platform serves as a central search service making available all information related to beneficial ownership to competent authorities, self-regulatory bodies and obliged entities. 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. The European Parliament should be informed about the evolution of this dialogue. _________________ 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 289 #
Proposal for a directive
Recital 40
Recital 40
(40) In order to respect privacy and protect personal data, the minimum data necessary for the carrying out of AML/CFT investigations should be held in centralised automated mechanisms for bank and payment accounts, such as registers or data retrieval systems. It should be possible for Member States to determine which data it is useful and proportionate to gather, taking into account the systems and legal traditions in place to enable the meaningful identification of the beneficial owners. When transposing the provisions relating to those mechanisms, Member States should set out retention periods equivalent to the period for retention of the documentation and information obtained within the application of customer due diligence measures. It should be possible for Member States to extend the retention period on a general basis by law, without requiring case-by-case decisions. The additional retention period should not exceed an additional five years. That period should be without prejudice to national law setting out other data retention requirements allowing case-by-case decisions to facilitate criminal or administrative proceedings. Access to those mechanisms should be on a need-to- know basis.
Amendment 292 #
Proposal for a directive
Recital 41
Recital 41
(41) Through the interconnection of Member States’ centralised automated mechanisms, the national FIUs and other competent national authorities designated according to Directive 2019/1153 1a would be able to obtain swiftly cross-border information on the identity of holders of bank and payment accounts and safe deposit boxes in other Member States, which would reinforce their ability to effectively carry out financial analysis and, detect, investigate or prosecute criminal offences, as well as cooperate with their counterparts from other Member States. Direct cross-border access to information on bank and payment accounts and safe deposit boxes would enable the Financial Intelligence Units to produce financial analysis within a sufficiently short timeframe to detect potential money laundering and terrorist financing cases and guarantee a swift law enforcement action. _________________ 1a Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA, OJ L 186, 11.7.2019, p. 122–137.
Amendment 293 #
Proposal for a directive
Recital 42
Recital 42
(42) In order to respect the right to the protection of personal data and the right to privacy, and to limit the impact of cross- border access to the information contained in the national centralised automated mechanisms, the scope of information accessible through the bank account registers (BAR) central access point would be restricted to the minimum necessary in accordance with the principle of data minimisation in order to allow the identification of any natural or legal persons holding or controlling payment accounts and bank accounts identified by IBAN and safe-deposit boxes. Furthermore, only FIUsIUs and the other competent authorities designated according to Directive 2019/1153 should be granted immediate and unfiltered access to the central access point. Member States should ensure that the FIUs’ staff maintain high professional standards of confidentiality and data protection, that they are of high integrity and are appropriately skilled. Moreover, Member States should put in place technical and organisational measures guaranteeing the security of the data to high technological standards.
Amendment 295 #
Proposal for a directive
Recital 44
Recital 44
(44) Real estate is an attractive commodity for criminals to launder the proceeds of their illicit activities, as it allows obscuring the true source of the funds and the identity of the beneficial owner. Proper and timely identification of natural or legal person owning land and real estate by FIUs and other competent authorities is important both for detecting money laundering schemes as well as for freezing and confiscation of assets. It is therefore important that Member States provide FIUs and competent authorities with access to information whichthrough a single access point in each Member State. This should allows the timely identification in a timely manner of natural or legal persons owning real estate andsuch land and real estate, including through registers or electronic data retrieval systems, as well as information relevant for the identification of the beneficial owner and the risk and suspicion of the transaction. Access to such data should be ensured by means of an interconnection system that introduces a real estate data single access point to be developed and operated by the Commission.
Amendment 312 #
Proposal for a directive
Recital 50 a (new)
Recital 50 a (new)
(50a) For FIUs to carry out their tasks effectively, given the cross-border nature of many transactions, they must cooperate with each other and with competent authorities, including law enforcement, but also tax and customs authorities, Europol and the European Anti-Fraud Office, in a more meaningful and efficient manner. Cooperation with FIUs of third countries is also essential in order to fight money laundering and terrorist financing at a global level and to comply with international AML/FT standards. Member States shall enable, through their legislation, such cooperation and empower their FIUs to enter into effective cooperation arrangements.
Amendment 313 #
Proposal for a directive
Recital 51
Recital 51
(51) FIUs should use secure facilities, including protected channels of communication, to cooperate and exchange information amongst each other via the FIU.net and, when available, its one-stop- shop. In this respect, a system for the exchange of information between FIUs of the Member States (‘FIU.net’) should be set up. The system should be managed and hosted by AMLA. The FIU.net should be used by FIUs to cooperate and exchange information amongst each other and may also be used, where appropriate, to exchange information with FIUs of third countries and with other authorities and Union bodies. The functionalities of the FIU.net should be used by FIUs to their full potential. Those functionalities should allow FIUs to match their data with data of other FIUs in an anonymous way with the aim of detecting subjects of the FIU's interests in other Member States and identifying their proceeds and funds, whilst ensuring full protection of personal data.
Amendment 315 #
Proposal for a directive
Recital 52
Recital 52
(52) It is important that FIUs cooperate and exchange information effectively with one another. In this regard, AMLA should develop FIU.net into a one-stop-shop for obliged entities to submit multi-country suspicious transaction and activity reports and receive feedback from the relevant FIUs. AMLA should furthermore provide the necessary assistance, not only by means of coordinating joint analyses of cross- border suspicious transaction reports, but also by developing draft regulatory technical standards concerning the format to be used for the exchange of information between FIUs and guidelines in relation to the relevant factors to be taken into account when determining if a suspicious transaction report concerns another Member State as well as on the nature, features and objectives of operational and of strategic analysis.
Amendment 317 #
Proposal for a directive
Recital 54
Recital 54
(54) The movement of illicit money traverses borders and may affect different Member States. The cross-border cases, involving multiple jurisdictions, are becoming more and more frequent and increasingly significant, also due to the activities carried out by obliged entities on a cross-border basis. In order to deal effectively with cases that concern several Member States, FIUs should be able to go beyond the simple exchange of information for the detection and analysis of suspicious transactions and activities and share the analytical activity itself. FIUs have reported certain important issues which limit or condition the capacity of FIUs to engage in joint analysis. Carrying out joint analysis of suspicious transactions and activities will enable FIUs to exploit potential synergies, to use information from different national and EU sources, to obtain a full picture of the anomalous activities and to enrich the analysis. FIUs should be able to conduct joint analyses of suspicious transactions and activities and to set up and participate in joint analysis teams for specific purposes and limited period with the assistance of AMLA. The participation of third parties may be instrumental for the successful outcome of joint analyses. Therefore, FIUs may invite third parties to take part in the joint analysis where such participation would fall within the respective mandates of those third parties.
Amendment 331 #
Proposal for a directive
Recital 75
Recital 75
(75) The new fully-integrated and coherent anti-money laundering and counter-terrorist financing policy at Union level, with designated roles for both Union and national competent authorities and with a view to ensure their smooth and constant cooperation. In that regard, cooperation between all national and Union AML/CFT authorities is of the utmost importance and should be clarified and enhanced. Internally, it remains the duty of Member States to provide for the necessary rules to ensure that policy makers, the FIUs, supervisors, including AMLA, and other competent authorities involved in AML/CFT, as well as tax authorities and law enforcement authorities when acting within the scope of this Directive, have effective mechanisms to enable them to cooperate and coordinate, including with other EU bodies and through a restrictive approach to the refusal by competent authorities to cooperate and exchange information at the request of another competent authority.
Amendment 335 #
Proposal for a directive
Recital 83
Recital 83
(83) Supervisors should be able to cooperate and exchange confidential information, regardless of their respective nature or status. To this end, they should have an adequate legal basis for exchange of confidential information and for cooperation. Exchange of information and cooperation with other authorities competent for supervising or overseeing obliged entities under other Union acts should not be hampered unintentionally by legal uncertainty which may stem from a lack of explicit provisions in this field. Clarification of the legal framework is even more important since prudential supervision has, in a number of cases, been entrusted to non-AML/CFT supervisors, such as the European Central Bank (ECB). When imposing administrative sanctions and supervisory measures on obliged entities, or performing other tasks necessitating coordination between supervisors and non-AML/CFT authorities, the authorities concerned should take into account the differences between their respective supervisory mandates and cooperate accordingly.
Amendment 336 #
Proposal for a directive
Recital 84
Recital 84
(84) The effectiveness of the Union AML/CFT framework relies on the cooperation between a wide array of competent authorities. To facilitate such cooperation, AMLA should be entrusted to develop guidelines in coordination with the ECB, the European Supervisory Authorities, Europol, Eurojust, and the European Public Prosecutor’s Office on cooperation between all competent authorities at national and EU level. Such guidelines should also describe how authorities competent for the supervision or oversight of obliged entities under other Union acts should take into account money laundering and terrorist financing concerns in the performance of their duties.
Amendment 340 #
Proposal for a directive
Recital 91
Recital 91
(91) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission in order to lay down a methodology for the collection of statistics, establish the format for the submission of beneficial ownership information, define the technical conditions for the interconnection of beneficial ownership registers and of bank account registers and data retrieval mechanisms, define the technical conditions for the connection of the Member States' mechanisms to the single access point on land and real estate, as well as to adopt implementing technical standards specifying the format to be used for the exchange of the information among FIUs of the Member States. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council39 . _________________ 39 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 344 #
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) the set-up and access toaccess to information on beneficial ownership, bank account ands, land or real estate registerand certain goods;
Amendment 345 #
Proposal for a directive
Article 2 – paragraph 2 – point 7
Article 2 – paragraph 2 – point 7
(7) ‘entity operating on a cross-border basis’ means an obliged entity having at least one establishment in another Member State or in a third country, or is operating under the freedom to provide services;
Amendment 363 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 (new)
Article 4 – paragraph 2 – subparagraph 1 (new)
Host Member States may subject providers of gambling services to licensing or registration in accordance with national law where they operate in their territory under the freedom to provide services.
Amendment 368 #
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 , payment service providers as defined in Article 4(11) of Directive (EU) 2015/2366 and crypto-assets service providers operating through agents, a distributor, or through any other natural or legal person which acts on their behalf, 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 396 #
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) the risks of non-implementation and evasion of proliferation financing- related targeted financial sanctions.
Amendment 400 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall make recommendations to Member States on the measures suitable for addressing the identified risks. Member States shall endeavour to follow these recommendations. In the event that Member States decide not to apply any of the recommendations in their national AML/CFT regimes, they shall notify the Commission thereof and provide a justification stating legitimate reasons for such a decision.
Amendment 403 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. By [3 years after the date of transposition of this Directive], AMLA, in cooperation with other EU bodies involved in the AML/CFT framework such as Europol, shall issue an opinion addressed to the Commission on the risks of money laundering and terrorist financing affecting the Union. Thereafter, AMLA shall issue an opinion every two years.
Amendment 408 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Each Member State shall carry out a national risk assessment to identify, assess, understand and mitigate the risks of money laundering and terrorist financing, as well as risks of non-implementation and evasion of targeted financial sanctions affecting it. It shall keep that risk assessment up to date and review it at least every four years. Based on the identification of emerging risks, including country-specific ones, the Commission may request Member States to review their risk assessment. Following a request by the Commission, Member States shall promptly review their risk assessment and share its results in accordance with paragraph 5.
Amendment 414 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Each Member State shall also take appropriate steps to prevent, identify, assess, understand and mitigate the risks of non- implementation and evasion of proliferation financing-related targeted financial sanctions.
Amendment 416 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Each Member State shall designate an authority or establish a mechanism to coordinate the national response to the risks referred to in paragraph 1. The identity of that authority or the description of the mechanism shall be notified to the Commission, AMLA, Europol, and other Member States.
Amendment 427 #
Proposal for a directive
Article 8 – paragraph 4 – point d
Article 8 – paragraph 4 – point d
(d) decide on the allocation and prioritisation of resources to combat money laundering and terrorist financing as well as non-implementation and evasion of proliferation financing-related targeted financial sanctions;
Amendment 429 #
Proposal for a directive
Article 8 – paragraph 4 – point f
Article 8 – paragraph 4 – point f
(f) make appropriate information available promptly to competent authorities and to obliged entities to facilitate the carrying out of their own money laundering and terrorist financing risk assessments as well as the assessment of risks of evasion of proliferation financing- related targeted financial sanctions referred to in Article 8 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final].
Amendment 434 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
In the national risk assessment, Member States shall describe the institutional structure and broad procedures of their AML/CFT regime, including, inter alia, the FIU, tax authorities and prosecutors, the level of AML/CFT cooperation at European and international level, as well as the allocated human and financial resources to the extent that this information is available.
Amendment 439 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Member States shall make the results of their national risk assessments, including their updates, available to the Commission, to AMLA and to the other Member States. Any Member State may provide relevant additional information, where appropriate, to the Member State carrying out the national risk assessment. A summary of the results of the assessment shall be made publicly available. That summary shall not contain classified information. The information contained therein shall not permit the identification of any natural or legal person.
Amendment 447 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) data measuring the reporting, investigation and judicial phases of the national AML/CFT regime, including the number of suspicious transaction reports made to the FIU and the value of such transactions, the follow-up given to those reports, the information on cross- border physical transfers of cash submitted to the FIU in accordance with Article 9 of Regulation (EU) 2018/1672 together with the follow-up given to the information submitted and, on an annual basis, the number of cases investigated, the number of persons prosecuted, the number of persons convicted for money laundering or terrorist financing offences, the types of predicate offences identified in accordance with Article 2 of Directive (EU) 2018/1673 of the European Parliament and of the Council45 where such information is available, and the value in euro of property that has been frozen, seized or confiscated; _________________ 45 Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22).
Amendment 451 #
Proposal for a directive
Article 9 – paragraph 2 – point e a (new)
Article 9 – paragraph 2 – point e a (new)
Amendment 457 #
Proposal for a directive
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Member States shall ensure that the statistics referred to in paragraph 2 are collected and transmitted to the Commission on an annual basis. The statistics referred to in paragraph 2, points (a), (c), (d) and (f), shall also be transmitted to AMLA.
Amendment 461 #
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The Commission shall publish a biennial report summarising and explaining the statistics referred to in paragraph 2, which shall be made available on its website and shall be submitted to the European Parliament and to the Council.
Amendment 464 #
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall ensure that beneficial ownership information referred to in Article 44 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and information on nominee arrangements referred to in Article 47 of that Regulation is held in a central register in the Member State where the legal entity is incorporated or where the trustee or person holding an equivalent position in a similar legal arrangement is established or resides. Such requirement shall not apply to companies listed on a regulated market that are subject to disclosure requirements equivalent to the requirements laid down in this Directive or subject to equivalent international standards.
Amendment 469 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The beneficial ownership information contained in the central registers may be collected in accordance with national systemsa uniform format.
Amendment 470 #
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 a (new)
Article 10 – paragraph 1 – subparagraph 1 a (new)
Member States shall also ensure that beneficial ownership information of legal entities incorporated outside the Union or of express trusts or similar legal arrangements administered outside the Union are held in the central register under the conditions laid down in Article 48 of Regulation [(please insert reference - proposal for Anti-money Laundering Regulation - COM/2021/420final].
Amendment 473 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where there are reasons to doubt the accuracy of the beneficial ownership information held by the central registers, Member States shall ensure that legal entities and legal arrangements are required to provide additional information on a risk-sensitive basis, includingthe entity in charge of the central register is empowered to request from corporate and legal entities, the trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, as well as their legal and beneficial owners, any information and documents necessary to identify and verify their beneficial owners, including proofs of existence and ownership, resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation.
Amendment 482 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) a statement accompanied by a justification, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified, accompanied by supporting documents and a justification;
Amendment 490 #
Proposal for a directive
Article 10 – paragraph 5 – introductory part
Article 10 – paragraph 5 – introductory part
5. Member States shall require that the beneficial ownership information held in the central registers is adequate, accurate and up-to-date, and shall put in place mechanisms to this effect. For that purpose, Member State shall apply at least the following requirements:
Amendment 496 #
Proposal for a directive
Article 10 – paragraph 5 – point a
Article 10 – paragraph 5 – point a
(a) obliged entities shall report to the entity in charge of the central registers any discrepancies they find between the beneficial ownership information available in the central registers and the beneficial ownership information available to them pursuant to Article 18 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation], transmitting to the central register the relevant beneficial ownership information they have gathered.
Amendment 505 #
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1 (new)
Article 10 – paragraph 5 – subparagraph 1 (new)
Member States shall ensure that beneficial ownership information held in their central registers is machine-readable and made available to competent authorities and the public through Application Programming Interfaces (APIs).
Amendment 507 #
Proposal for a directive
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Member States shall ensure that the entity in charge of the beneficial ownership register verifies whether beneficial ownership information held in the register concerns persons or entities designated in relation to targeted financial sanctions. Such verification shall take place immediately upon the designation and at regular intervals.
Amendment 509 #
Proposal for a directive
Article 10 – paragraph 5 b (new)
Article 10 – paragraph 5 b (new)
5b. Member States shall ensure that the entity in charge of the beneficial ownership register includes a specific mention in the register with regard to the information on the legal person where: (a) a legal person included in the register is subject to targeted financial sanctions; (b) a legal person included in the register is controlled by a person subject to targeted financial sanctions; (c) a beneficial owner of the legal person is subject to targeted financial sanctions; The mention shall remain publicly available in the register until the concerned targeted financial sanctions are removed.
Amendment 516 #
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. 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 entitiesuntil the discrepancy is resolved and visible to any person or entity granted access under Articles 11 and 12.
Amendment 520 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. In the case of corporate and other legal entities, and, where the trustee is an obliged entity as listed in Article 3, point 3 of Regulation[please insert reference - proposal for Anti-Money Laundering Regulation -COM/2021/420 final], Member States shall ensure that the entity in charge of the central beneficial ownership register is empowered to request documents, carry out checks, including on-site investigations at the premises or registered office of the legal entity, in order to establishat the premises of relevant obliged entities as listed in Article 3 of Regulation[please insert reference - proposal for Anti-Money Laundering Regulation -COM/2021/420 final],in accordance with national law, or at the premises of the legal entities’ representatives in the Union in order to identify and verify 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 526 #
Proposal for a directive
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8a. Member States shall ensure that entities in charge of central registers have at their disposal necessary automated technology to carry out verifications as referred to in paragraphs 5, 5a and 5b. Those verifications shall include, in particular, cross-checking beneficial ownership information with other public and private databases, checking supporting documents, detecting errors and inconsistencies, identifying patterns associated with legal entities being used for illicit purposes and carrying out occasional sample testing through a risk based approach. Verifications as referred to in this paragraph shall include measures to safeguard fundamental rights, such as human oversight and the avoidance of discriminatory outcomes.
Amendment 530 #
Proposal for a directive
Article 10 – paragraph 8 b (new)
Article 10 – paragraph 8 b (new)
8b. Where a verification as referred to in paragraph 8a is carried out when the beneficial ownership information is submitted, and it leads an entity in charge of a central register to conclude that there are inconsistencies or errors in that information, or where that information otherwise fails to fulfil the requirements laid down in paragraph 5, Member States shall ensure that such entity is able to withhold the certification of registration and any legal effects thereof, in particular the legal constitution of the entity, until the beneficial owner information provided is in order.
Amendment 531 #
Proposal for a directive
Article 10 – paragraph 8 c (new)
Article 10 – paragraph 8 c (new)
8c. Where a verification as referred to in paragraph 8a is carried out after the submission of the beneficial ownership information, and it leads an entity in charge of a central register to conclude that there are inconsistencies or errors in that information, or where that information otherwise fails to fulfil the requirements laid down in paragraph 5, Member States shall ensure that its competent authorities, including FIUs in accordance with Article 20, are able to invalidate specific legal acts or transactions carried out by the legal entity, express trust or similar legal arrangements in question, until the beneficial owner information provided is in order.
Amendment 537 #
Proposal for a directive
Article 10 – paragraph 10
Article 10 – paragraph 10
10. Member States shall ensure that if, in the course of the checks carried out pursuant to this Article, or in any other way, the entities in charge of the beneficial ownership registers discover facts that could be related to money laundering or to terrorist financing, they shall promptly inform the FIU within 48 hours.
Amendment 539 #
Proposal for a directive
Article 10 – paragraph 10 a (new)
Article 10 – paragraph 10 a (new)
10a. Entities in charge of central registers shall be operationally independent and autonomous and shall have the authority and capacity to carry out their functions free of political, government or industry influence or interference. Staff of those entities shall be of high integrity, be appropriately skilled and maintain high professional standards, including standards of confidentiality, data protection and standards addressing conflicts of interest.
Amendment 541 #
Proposal for a directive
Article 10 – paragraph 11
Article 10 – paragraph 11
11. The central registerbeneficial ownership central registers in Member States shall be interconnected via the European Central Platform established by Article 22(1) of Directive (EU) 2017/1132.
Amendment 542 #
Proposal for a directive
Article 10 – paragraph 12
Article 10 – paragraph 12
12. The information referred to in paragraph 1 shall be available through the national registers and through the system of interconnection of central beneficial ownership registers for at least five years and no more than 10 years after the corporate or other legal entity has been struck off from the register, without prejudice to other data retention requirements allowing case-by-case decisions to facilitate criminal or administrative proceedings.
Amendment 585 #
Proposal for a directive
Chapter II – Section 2 – title
Chapter II – Section 2 – title
2 Bank account and crypto-asset wallet information
Amendment 586 #
Bank account and crypto-asset wallet registers and electronic data retrieval systems
Amendment 587 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall put in place centralised automated mechanisms, such as a central registers or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts and bank accounts identified by IBAN, as defined by Regulation (EU) No 260/2012 of the European Parliament and of the Council47 , and safe-deposit boxes held by a credit or financial institution within their territory, and crypto-asset wallets. _________________ 47 Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22).
Amendment 590 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible in an immediate and unfiltered manner to national FIUs. The information shall also be directly accessible toin an immediate and unfiltered manner to other national competent authorities for fulfilling their obligations under this Directive and applicable Union law.
Amendment 593 #
Proposal for a directive
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) for the bank or payment account: the IBAN number, or an equivalent identification number, and the date of account opening and closing, if applicable;
Amendment 594 #
Proposal for a directive
Article 14 – paragraph 3 – point d
Article 14 – paragraph 3 – point d
(d) for the safe-deposit box: name of the lessee complemented by either the other identification data required under Article 18(1) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] or a unique identification number and the duration of the lease period.;
Amendment 596 #
Proposal for a directive
Article 14 – paragraph 3 – point d a (new)
Article 14 – paragraph 3 – point d a (new)
(da) for the customer, crypto-asset wallet holder and any person purporting to act on behalf of the customer: the name, complemented by either the other identification data required under Article 18 (1) of Regulation [please insert reference to the AMLR] or a unique identification number;
Amendment 597 #
Proposal for a directive
Article 14 – paragraph 3 – point d b (new)
Article 14 – paragraph 3 – point d b (new)
(db) for the beneficial owner of the customer or crypto-asset wallet holder: the name, complemented by either the other identification data required under Article 18 (1) of Regulation [please insert reference to the AMLR] or a unique identification number.
Amendment 599 #
Proposal for a directive
Article 14 – paragraph 6 – introductory part
Article 14 – paragraph 6 – introductory part
6. Member States shall ensure that the information referred to in paragraph 3 is available through the single access point interconnecting the centralised automated mechanisms. Member States shall take adequate measures to ensure that only the information referred to in paragraph 3 that is up to date and corresponds to the actual bank account or the actual crypto-asset wallet information is made available through their national centralised automated mechanisms and through the single access point interconnecting the centralised automated mechanisms referred to in this paragraph. The access to that information shall be grantMember States shall take adequate measures to ensure that the historical information on closed customer-account holders, bank or payment accounts and safe-deposit boxes is made available through their national centralised automated mechanisms and through the single access point interconnecting the centralised automated mechanisms referred to in this paragraph for a period of at least 5 years after the closure, without prejudice to other data retention requirements allowing case-by- case decisions to facilitate criminal or administrative proceedings. The access to that information shall be deemed in accordance with data protection rules.
Amendment 606 #
Proposal for a directive
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Member States shall ensure that the staff of the national FIUscompetent authorities having access through the single access point maintain high professional standards of confidentiality and data protection, are of high integrity and are appropriately skilled.
Amendment 623 #
Proposal for a directive
Chapter II – Section 3 – title
Chapter II – Section 3 – title
3 RLand and real estate registers
Amendment 624 #
Proposal for a directive
Article 16 – title
Article 16 – title
Amendment 630 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall provide FIUs and other competent authorities with access to informationdirect, unrestricted and free access to information via a single access point in each Member State which allows the identification, in a timely manner, of any natural or legal person owning land or real estate, including through registers or electronic data retrieval systems where such registers or systems are available. Competent authorities shall also have access to information allowing the identification and analysis of transactions involving land or real estate, including their economic value and details of the natural or legal persons involved in those transactions including, where available, whether the natural or legal person owns, sells or acquires land or real estate on behalf of a legal arrangement.
Amendment 634 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
FIUs, national asset recovery offices and other competent AML/CFT authorities shall be granted direct and immediate access to the information referred to in the first subparagraph.
Amendment 643 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Amendment 651 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The FIU shall be the single central national unit responsible for receiving and analysing suspicious transactions and other information relevant to money laundering, its predicate offences or terrorist financing submitted by obliged entities in accordance with Article 50 or reports submitted by obliged entities in accordance with Article 59(4), point (b), of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and other information relevant to money laundering, its predicate offences or terrorist financing, as well as by customs authorities pursuant to Article 9 of Regulation (EU) 2018/1672.
Amendment 652 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Amendment 656 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 a (new)
Article 17 – paragraph 3 – subparagraph 1 a (new)
Dedicated, secure and protected channels should be used for the dissemination.
Amendment 658 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
By [1 year after the date of transposition of this Directive], AMLA shall issue guidelines addressed to FIUs on the nature, features and objectives of operational and of strategic analysis, in particular the need to further provide these analyses to investigative and prosecution services combating money laundering, associated predicate offences, and terrorism financing.
Amendment 659 #
4. Each FIU shall be operationally independent and autonomous, which means that it shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information, in accordance with paragraph 3, disseminate specific information in accordance with applicable Union law. It shall be free from any undue political, government or industry influence or interference.
Amendment 662 #
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1 (new)
Article 17 – paragraph 5 – subparagraph 1 (new)
AMLA shall develop guidelines to determine the appropriate levels of funding and resources needed for FIUs to carry out their functions.
Amendment 669 #
Proposal for a directive
Article 17 – paragraph 7
Article 17 – paragraph 7
7. Each Member States shall ensure that its FIU is able to make arrangements or engage independently with other domestic competent authorities and relevant EU bodies involved in AML/CFT, pursuant to Article 45 on the exchange of information.
Amendment 674 #
Proposal for a directive
Article 18 – paragraph -1 (new)
Article 18 – paragraph -1 (new)
-1. Member States shall ensure that their FIUs, regardless of their organisational status, have prompt access to any information they require to fulfil their tasks. This shall include financial, administrative and law enforcement information.
Amendment 677 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. In particular, Member States shall ensure that their FIUs have:
Amendment 682 #
Proposal for a directive
Article 18 – paragraph 1 – point a – introductory part
Article 18 – paragraph 1 – point a – introductory part
(a) immediate and, with the exception of point (ii), direct access to at least the following financial information:
Amendment 686 #
Proposal for a directive
Article 18 – paragraph 1 – point a – point ii
Article 18 – paragraph 1 – point a – point ii
Amendment 691 #
Proposal for a directive
Article 18 – paragraph 1 – point a – point vi a (new)
Article 18 – paragraph 1 – point a – point vi a (new)
(via) information on public procurements or contracts.
Amendment 693 #
Proposal for a directive
Article 18 – paragraph 1 – point b – point ii
Article 18 – paragraph 1 – point b – point ii
(ii) data from the single access point referred to in Article 16 relating to national real estate registers, land registers or electronic data retrieval systems and land and cadastral registers;
Amendment 701 #
Proposal for a directive
Article 18 – paragraph 1 – point c – introductory part
Article 18 – paragraph 1 – point c – introductory part
(c) direct or indirect access to the following law enforcement information:
Amendment 721 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that FIUs respond in a timely manner, and in any case no later than in seven days, to reasoned requests for information by other competent authorities in their respective Member State or Union authorities, including AMLA, competent for investigating or prosecuting criminal activities when such requests for information are motivated by concerns relating to money laundering, its predicate offences or terrorist financing or when this information is necessary for the competent authority to perform its tasks under this Directive. The decision on conducting the dissemination of information shall remain with the FIU.
Amendment 724 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, the FIU shall be under no obligation to comply with the request for informamay only refuse the request for information by means of a written and duly justified response that shall also be transmitted to AMLA for the purpose of identifying trends and any possible impediments to cooperation that may warrant, if appropriate, future legislative action.
Amendment 727 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Competent authorities, including AMLA, shall provide feedback to the FIU about the use madeand usefulness of the information provided in accordance with this Article and Article 17, and about the outcome of the investigations performed on the basis of that information. Such feedback shall be provided as soon as possible and in any case, at least on an annual basis, in such a way as to inform the FIU about the actions taken by the competent authorities on the basis of the information provided by the FIU and allow the FIU to executimprove its operational analysis function.
Amendment 732 #
Proposal for a directive
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. Member States shall ensure that FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to a transaction that is proceeding. Such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report, in order to analyse the transaction, confirm the suspicion and disseminate the results of the analysis to the competent authorities and AMLA, where relevant. In cases covered by Article 52 [please insert reference to AMLR], such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report. Member States shall ensure that subject to national procedural safeguards, the transaction is suspended for a period of a maximum of 15 calendar days from the day of the imposition of such suspension to the obliged entity.
Amendment 738 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The FIU shall be empowered to impose such suspension, directly or indirectly, at the request of an FIU from another Member State or AMLA within 48 hours, for the periods and under the conditions specified in the national law of the FIU receiving the request.
Amendment 742 #
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Where there is a suspicion that several transactions involving a bank or payment account are related to money launderinga bank, payment or crypto-assets account or another business relation may be used for money laundering, associated predicate offences, or terrorist financing, Member States shall ensure that the FIU is empowered to take urgent action, directly or indirectly, to suspend the use of a bank or payment account in order to analyse the transactions performed through the accountthe account or business relationship, in order to perform the analyses, confirm the suspicion and disseminate the results of the analysis to the competent authorities to allow for the adoption of appropriate measures.
Amendment 747 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Member States shall provide for the effectiv, where applicable, for the possibility for the person whose bank or paymen, payment or crypto- asset account is affected to challenge the suspension before a court in accordance with procedures provided for in national law.
Amendment 748 #
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. FIUs shall be empowered to monitor, during a specified period, the transactions or activities that are being carried out through one or more identified bank accounts or other business relationships. FIUs shall be empowered to give instructions to obliged entities in order to ensure that obliged entities carry out such specific monitoring and report the results to the competent FIU.
Amendment 751 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. FIUs shall be empowered to impose the suspensions and monitoring measures referred to in paragraphs 1, 2 and 2, directly or indirectly3a, at the request of an FIU from another Member State or a third country, under the conditions specified in the applicable Union law and the national law of the FIU receiving the request. The receiving FIU shall promptly inform the FIU of the requesting Member State of the measures it has taken pursuant to its request. Where an FIU decides to suspend or prohibit a transaction in accordance with paragraph 1, or to suspend a bank or payment account in accordance with paragraph 2, this information shall be made available to all FIUs through FIU.net.
Amendment 753 #
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 (new)
Article 20 – paragraph 4 – subparagraph 1 (new)
In order to bring together all relevant information, and with the aim of better detecting suspicious activities or transactions, FIUs may use state-of-the- art technology that, by default, anonymously matches subject-matter data with that of other FIUs, encompassing data of suspended or prohibited transactions, and suspended bank or payment accounts.
Amendment 754 #
Proposal for a directive
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. By [2 years after the date of entry into force of this Directive], 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 exchange of the information referred to in paragraph 1 and 2, and set the criteria for determining whether a suspension concerns another Member State. The Commission is empowered to adopt the implementing technical standards referred to in this paragraph in accordance with Article 42 of Regulation [please insert reference – proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final].
Amendment 756 #
Proposal for a directive
Article 21 – paragraph 1 – point c a (new)
Article 21 – paragraph 1 – point c a (new)
(ca) feedback received from competent authorities;
Amendment 775 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. A system for the exchange of information between FIUs of the Member States and for obliged entities to submit suspicious transaction and activity reports affecting more than one Member State shall be set up (‘FIU.net’). The system shall ensure thea secure communication and exchange of information and shall be capable of producing a written record under conditions that allow ascertaining authenticity. TSubject to a decision by AMLA, that system may also be used for communications with FIUs counterparts in third countries and with other authorities and Union bodies. FIU.net shall be managed by AMLA. The system shall serve as a centralised information exchange hub between obliged entities, FIUs and the Authority.
Amendment 779 #
Proposal for a directive
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. Member States shall ensure that anyFIUs shall exchange of information pursuant to Articles 24 is transmittedand 25 using the FIU.net. In the event of technical failure of the FIU.net, the information shall be transmitted by any other appropriate means ensuring a high level of data securitythrough equivalent protected channels of communication, in accordance with criteria identified by AMLA by means of guidelines.
Amendment 780 #
Proposal for a directive
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Member States shall ensure that, in order to fulfil their tasks as laid down in this Directive, their FIUs cooperate and applicable Union law, their FIUs participate, use and cooperate to the maximum extent in the application of state-of-the-art technologies, in particular in accordance with their national lawArticle 5 (5) (e) and Article 37 of [please insert reference to AMLA Regulation].
Amendment 782 #
Proposal for a directive
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. By [5 years after entry into force of this Regulation], AMLA shall ensure that obliged entities are able to use FIU.net to transmit information referred to in Article 50 (1) of [please insert reference to AMLR] to the FIU of the Member State in whose territory the obliged entity transmitting the information is established, as well as to any other FIU which is concerned by such report pursuant to Article 24 (1). At the latest by [6 years after entry into force of this Regulation], FIU.net shall be used by obliged entities to transmit the information referred to in Article 50 (1) [please insert reference to AMLR] to the FIU of the Member State in whose territory the obliged entity transmitting the information is established, as well as to any other FIU which is concerned by such report pursuant to Article 24 (1).
Amendment 787 #
Proposal for a directive
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Member States shall ensure that FIUs exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange.
Amendment 788 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. By [2 years after the date of entry into force of this Directive], 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 exchange of the information referred to in paragraph 1. , and the relevant factors to be taken into consideration when determining whether a report pursuant to Article 50(1), the first subparagraph, point (a), of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] concerns another Member State, the procedures to be put in place when forwarding and receiving that report, and the follow-up to be given.
Amendment 789 #
Proposal for a directive
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 797 #
Proposal for a directive
Article 24 – paragraph 8
Article 24 – paragraph 8
Amendment 798 #
Proposal for a directive
Article 24 – paragraph 8 – subparagraph 1
Article 24 – paragraph 8 – subparagraph 1
Amendment 808 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall ensure that the requested FIU’s prior consent to disseminate the information to competent authorities is granted promptly and to the largest extent possible, regardless of the type of predicate offences and whether or not the predicate offence has been identified. The requested FIU shall not refuse its consent to such dissemination unless this would fall beyond the scope of application of its AML/CFT provisions or could lead to impairment of an investigation, or would otherwise not be in accordance with fundamental principles of national law of that Member State. Any such refusal to grant consent shall be appropriately explained. The cases where FIUs may refuse to grant consent shall be specified in a way which prevents misuse of, and undue limitations to, the dissemination of information to competent authorities.
Amendment 816 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. AML/CFT supervisors shall participate in, and contribute to, the activities of the European System of AML/CFT Supervision, in accordance with [please insert reference to the AMLA Regulation]. They shall in particular: (a) be able to participate in joint supervisory teams as an integral part of their tasks, as well as in other activities undertaken by AMLA pursuant to its mandate; (b) provide AMLA with the relevant data and information required to fulfil its tasks, as well as to implement AMLA´s indications in accordance with [please insert reference to the AMLA Regulation] and applicable Union law. All information obtained through the participation in AMLA´s activities shall be covered by the strictest confidentiality. The heads of the AML/CFT supervisors with the right to vote in AMLA´s General Board shall act independently and, in this role, serve the exclusive interest of the Union.
Amendment 817 #
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 (new)
Article 29 – paragraph 2 – subparagraph 1 (new)
AMLA, in cooperation with the ESAs and the ECB, shall develop guidelines to determine the appropriate levels of funding and resources needed for supervisors to carry out their functions.
Amendment 820 #
Proposal for a directive
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5a. Member States shall ensure that their supervisors have prompt access to any information they require to fulfil their tasks. Supervisors and competent authorities, including FIUs, shall have a duty to cooperate.
Amendment 824 #
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member States shall ensure that supervisors make information on persons or entities designated in relation to targeted financial sanctions is made available to the obliged entities under their supervision immediately.
Amendment 826 #
Proposal for a directive
Article 31 – paragraph 6 a (new)
Article 31 – paragraph 6 a (new)
6a. Member States shall ensure that Supervisors, self-regulatory bodies, and authorities overseeing self-regulatory bodies as referred to in Article 38, produce a detailed annual activity report and that a summary of that report is made publicly available. The summary of the report referred to in the first subparagraph shall present: (a) the tasks of the supervisors; (b) an overview of its supervisory activities; (c)the number of on-site and off-site supervisory actions including patterns identified after inspections; (d) the number of breaches identified on the basis of supervisory actions and sanctions or administrative measures applied by supervisory authorities and self-regulatory bodies pursuant to Section 4 of Chapter IV. The annual activity report referred to in the first subparagraph shall be transmitted to the designated authority or mechanism referred to in Article 8(2) and to AMLA. The designated authority shall provide feedback and propose possible improvements, and shall be able to make recommendations to change the allocation of supervisory responsibilities and the arrangements for carrying out supervisory tasks.
Amendment 832 #
Proposal for a directive
Article 33 – paragraph 2
Article 33 – paragraph 2
2. In addition to Article 5, obliged entities wishing to exercise the freedom to provide services by carrying out activities within the territory of another Member State for the first time shall notify the supervisors of the home Member State of the activities which they intend to carry out. Such notification shall also be required where provision of cross-border services is carried out by agents of the obliged entityThose supervisors shall, within three months of the receipt of the information, communicate that information to the supervisors of the host Member State. Such notification shall also be required where provision of cross-border services is carried out by agents of the obliged entity or through any natural or legal person which acts on their behalf. Such requirement shall not apply to obliged entities subject, pursuant to other Union acts, to specific notification procedures for the exercise of the freedom of establishment and to provide services.
Amendment 837 #
Proposal for a directive
Article 33 – paragraph 4 – subparagraph 1 a (new)
Article 33 – paragraph 4 – subparagraph 1 a (new)
Supervisors of the host Member State shall also be able to supervise, on their own initiative, compliance with national AML/CFT requirements.
Amendment 840 #
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 AMLA 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]. AMLA shall provide its advice on the matter of disagreement within one monthsettle the disagreement on the matter within one month by means of a binding and enforceable instruction.
Amendment 844 #
Proposal for a directive
Article 34 – paragraph 6
Article 34 – paragraph 6
6. Member States shall ensure that the provisions of this Article also apply to thenon-financial supervisors in cases of supervision of groups of obliged entities other than credit or financial institutions. Member States shall also ensure that in cases where obliged entities other than credit and financial institutions are part of structures which share common ownership, management or compliance control, including networks or partnerships, cooperation and exchange of information between supervisors is facilitated.
Amendment 847 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
Supervisors, including AMLA, and non- AML/CFT authorities shall inform each other of instances in which the law of a third country does not permit the implementation of the policies, controls and procedures required under Article 13 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]. In such cases, coordinated actions may be taken by supervisors to pursue a solution. In assessing which third countries do not permit the implementation of the policies, controls and procedures required under Article 13 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], supervisors shall take into account any legal constraints that may hinder proper implementation of those policies and procedures, including professional secrecy, an insufficient level of data protection and other constraints limiting the exchange of information that may be relevant for that purpose.
Amendment 850 #
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Members States may allow the establishment of AML/CFT supervisory colleges when a credit or financial institution established in the Union has set up establishments in at least two third countries. Financial supervisors may invite their counterparts in those third countries, as observers, to set up such college. The financial supervisors participating in the college shall establish a written agreement detailing the conditions and procedures of the cooperation and exchange of information.
Amendment 853 #
Proposal for a directive
Article 37 – title
Article 37 – title
Cooperation with financial supervisors in third countries
Amendment 856 #
Proposal for a directive
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Member States mayshall authorise financial supervisors to conclude cooperation agreements providing for collaboration and exchanges of confidential information with their counterparts in third countries. Such cooperation agreements shall comply with applicable data protection rules for data transfers and be concluded on the basis of reciprocity and only if the information disclosed is subject to a guarantee of professional secrecy requirements at least equivalent to that referred to in Article 50(1). Confidential information exchanged in accordance with those cooperation agreements shall be used for the purpose of performing the supervisory tasks of those authorities only.
Amendment 859 #
Proposal for a directive
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
Where the information exchanged originates in another Member State, it shall only be disclosed with the explicit consent of the financial supervisor which shared it and, where appropriate, solely for the purposes for which that supervisor gave its consent.
Amendment 861 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. For the purposes of paragraph 1, AMLA may lend such assistance as may be necessary toshall assess the equivalence of professional secrecy requirements applicable to the third country counterpart.
Amendment 866 #
Proposal for a directive
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Member States shall ensure that financial supervisors notify any agreement signed pursuant to this Article to AMLA within one month of its signature.:
Amendment 868 #
Proposal for a directive
Article 37 – paragraph 3 – point a (new)
Article 37 – paragraph 3 – point a (new)
(a) AMLA of any intention to conclude an agreement pursuant to this Article in order to perform the assessment in accordance with paragraph 2, if needed;
Amendment 869 #
Proposal for a directive
Article 37 – paragraph 3 – point b (new)
Article 37 – paragraph 3 – point b (new)
(b) AMLA of any signed agreement pursuant to this Article within one month of its signature.
Amendment 870 #
Proposal for a directive
Article 37 – paragraph 3 a (new)
Article 37 – paragraph 3 a (new)
3a. By [1 year after the date of transposition of this Directive], AMLA shall, in consultation with the ESAs and the ECB, issue guidelines addressed so supervisors on the content of cooperation agreements pursuant to paragraph 1.
Amendment 892 #
Proposal for a directive
Article 39 – paragraph 6
Article 39 – paragraph 6
6. In the exercise of their powers to impose administrative sanctions and measures, supervisors shall cooperate closely, and, where relevant, also coordinate their actions with other authorities concerned, in order to ensure that those administrative sanctions or measures produce the desired results and coordinate their action when dealing with cross-border cases.
Amendment 910 #
Proposal for a directive
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. When supervisors identify breaches of requirements of the Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] which are not deemed sufficiently serious to be punished with an administrative sanction, they may decide to impose administrative measures on the obliged entity. Member States shall ensure that the supervisors are able at least to:
Amendment 915 #
Proposal for a directive
Article 41 – paragraph 1 – point e
Article 41 – paragraph 1 – point e
(e) where an obliged entity is subject to an authorisation, withdraw or suspend the authorisation, or propose the imposition of these or similar measures where the corresponding powers rest with another authority;
Amendment 919 #
Proposal for a directive
Article 41 – paragraph 1 – point f
Article 41 – paragraph 1 – point f
(f) impose a temporary ban against any person discharging managerial responsibilities in an obliged entity, or any other natural person, held responsible for the breach, from exercising managerial functions in obliged entities, or to propose the imposition of such measure or a removal of the person from a function within the obliged entity where the corresponding powers rest with another authority.
Amendment 921 #
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 exhaustively published by the supervisors on their official website, in an accessible format, in the official language of the Member State in question and in English, 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 928 #
Proposal for a directive
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Supervisors or other competent authorities shall ensure that any publication in accordance with this Article shall remain on their official website for a period of five years after its publication. However, personal data contained in the publication shall only be kept on the official website of the competent authority for the period which is necessary in accordance with the applicable data protection rules and in any case for no more than 5 year, without prejudice to other data retention requirements allowing case-by-case decisions to facilitate criminal or administrative proceedings..
Amendment 930 #
Proposal for a directive
Article 42 – paragraph 4 – introductory part
Article 42 – paragraph 4 – introductory part
4. Member States shall ensure that legal persons can be held liable for the breaches referred to in Article 40(1) committed for their benefitcommitted by any person, acting individually or as part of an organ of that legal person, and having a leading position within the legal person based on any of the following:
Amendment 931 #
Proposal for a directive
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Member States shall ensure that legal persons can be held liable where the lack of supervision or control by the persons referred to in paragraph 4 of this Article has made possible the commission, by a person under their authority, of theany breaches referred to in Article 40(1) for the benefit of that legal personthis Directive.
Amendment 932 #
Proposal for a directive
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. Member States shall ensure that supervisory authorities, FIUs, as well as, where applicable, self-regulatory bodies, establish effective and reliable mechanisms to encourage the reporting of potential and actual breaches of this Directive and Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final].
Amendment 946 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
1. Member States shall ensure that policy makers, the FIUs, supervisors, including AMLA, Europol and other competent authorities, as well as tax authorities have effective mechanisms to enable them to cooperate and coordinate domestically and at EU level concerning the development and implementation of policies and activities to combat money laundering and terrorist financing and to prevent the non- implementation and evasion of proliferation financing-related targeted financial sanctions, including with a view to fulfilling their obligations under Article 8.
Amendment 948 #
Proposal for a directive
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
Amendment 951 #
Proposal for a directive
Article 45 – paragraph 3 – introductory part
Article 45 – paragraph 3 – introductory part
3. Member States shall not prohibit or place unreasonable or unduly restrictive conditions on the exchange of information or assistance between competent authorities, supervisors and non- AML/CFT authorities for the purposes of this Directive. Member States shall ensure that competent authorities, supervisors and non-AML/CFT authorities do not refuse a request for assistance on the grounds that:
Amendment 954 #
Proposal for a directive
Article 45 – paragraph 3 – point c
Article 45 – paragraph 3 – point c
(c) there is an analysis, inquiry, investigation or proceeding underway in the requested Member State, unless the assistance would impede that analysis, inquiry, investigation or proceeding;
Amendment 957 #
Proposal for a directive
Article 45 – paragraph 3 – point d
Article 45 – paragraph 3 – point d
(d) the nature or status of the requesting counterpart competent authority, supervisor or non-AML/CFT authority is different from that of requested competent authority. , supervisor or non-AML/CFT authority.
Amendment 964 #
Proposal for a directive
Article 47 – paragraph 1
Article 47 – paragraph 1
FIU ands, supervisorys and non-AML/CFT authorities shall cooperate with AMLA and shall provide it with all the information necessary to allow it to carry out its duties under this Directive, under Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] and under Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].
Amendment 968 #
Proposal for a directive
Article 48 – paragraph 1
Article 48 – paragraph 1
Amendment 971 #
Proposal for a directive
Article 48 – paragraph 2 – introductory part
Article 48 – paragraph 2 – introductory part
2. Member States shall ensure that, where financial supervisors, non-AML/CFT authorities or FIUs identify weaknesses in the AML/CFT internal control system and application of the requirements of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] of a creditfinancial institution which materially increase the risks to which the institution is or might be exposed, the financial supervisor, non- AML/CFT authority or FIU immediately notifies the European Banking Authority (EBA) and the authority or body that supervises the credit institution affected in accordance with Directive (EU) 2013/36applicable Union law, including the ECB acting in accordance with Council Regulation (EU) 1024/201350 . _________________ 50 Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).
Amendment 972 #
Proposal for a directive
Article 48 – paragraph 2 – subparagraph 1
Article 48 – paragraph 2 – subparagraph 1
In the event of potential increased risk, financialthe respective supervisors shall be able to liaisecooperate and share information with the authorities supervising the institution in accordance with Directive (EU) 2013/36applicable Union law and draw up a common assessment to be notified to EBA by the supervisor who first sent the notification. AMLA shall be kept informed of any such notifications. sent to the EBA.
Amendment 974 #
Proposal for a directive
Article 48 – paragraph 6
Article 48 – paragraph 6
6. By [2 years after the date of transposition of this Directive], AMLA shall, in consultation with EBA and supervisors, issue guidelines on cooperation between financial supervisors and the authorities referred to in paragraphs 2, 3 and 4, including on the level of involvement of FIUs in such cooperation.
Amendment 979 #
Proposal for a directive
Article 50 – paragraph 2 – point b
Article 50 – paragraph 2 – point b
(b) financial supervisors and FIUcompetent authorities;
Amendment 981 #
Proposal for a directive
Article 50 – paragraph 2 – point c
Article 50 – paragraph 2 – point c
(c) financial supervisors and competent authorities in charge of supervising credit and financial institutions in accordance with other legislative acts relating to the supervision of credit and financial institutions, including the ECB acting in accordance with Regulation (EU) 1024/2013, whether within a Member State or in different Member States.
Amendment 984 #
Proposal for a directive
Article 50 – paragraph 2 – point c a (new)
Article 50 – paragraph 2 – point c a (new)
(ca) financial supervisors and the national central banks that are members of the European System of Central Banks (ESCB), and the ECB.
Amendment 988 #
Proposal for a directive
Article 50 – paragraph 2 – subparagraph 1
Article 50 – paragraph 2 – subparagraph 1
For the purposes of the first subparagraph, point (c), the exchange of information shall be subject to the professional secrecy requirements provided for in paragraph 1 or equivalent provisions.
Amendment 990 #
Proposal for a directive
Article 50 – paragraph 3 – point a
Article 50 – paragraph 3 – point a
(a) in the discharge of its duties under this Directive or under other legislative acts in the field of AML/CFT, of prudential regulation and supervision of credit and financial institutions, including sanctioning;
Amendment 991 #
Proposal for a directive
Article 51 – paragraph 1 – point b
Article 51 – paragraph 1 – point b
(b) supervisors and the authorities responsible by law for the supervision of financial markets, or credit or financial institutions, in the discharge of their respective supervisory functions;
Amendment 994 #
Proposal for a directive
Article 52 – paragraph 1 – point a a (new)
Article 52 – paragraph 1 – point a a (new)
(aa) the cooperation between the EU bodies mentioned in this Article;