10 Amendments of Othmar KARAS related to 2021/0239(COD)
Amendment 169 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
Amendment 374 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. With the exception of casinos, Member States may decide to exempt, in full or in part, providers of gambling services from the requirements set out in this Regulation on the basis of the proven low risk posed by the nature, the principle of proportionality and, where appropriate, the scale of operations of such services.
Amendment 435 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Obliged entities shall have a compliance officer, to be appointed by the board of directors or governing body, who shall be in charge of the day-to-day operation of the obliged entity’s anti- money laundering and countering the financing of terrorism (AML/CFT) policies. That person shall also be responsible for reporting suspicious transactions to the Financial Intelligence Unit (FIU) in accordance with Article 50(6). That person shall be in its function and responsibilities independent.
Amendment 441 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Employees entrusted with tasks related to the obliged entity’s compliance with this Regulation shall inform the compliance officer of any close private or professional relationship established with the obliged entity’s customers or prospective customers, given they have formally indicated willingness to become a customer, and shall be prevented from undertaking any tasks related to the obliged entity’s compliance in relation to those customers.
Amendment 475 #
Proposal for a regulation
Article 15 – paragraph 6 a (new)
Article 15 – paragraph 6 a (new)
6a. 1. By way of derogation from points (a), (b) and (c) of Article 16(1), and based on an appropriate risk assessment which demonstrates a low risk, a Member State may allow obliged entities not to apply certain customer due diligence measures with respect to electronic money, where all of the following risk- mitigating conditions are met: (a) the payment instrument is not reloadable, or has a maximum monthly payment transactions limit of EUR 150 which can be used only in that Member State; (b) the maximum amount stored electronically does not exceed EUR 150; (c) the payment instrument is used exclusively to purchase goods or services; (d) the payment instrument cannot be funded with anonymous electronic money; (e) the issuer strictly monitors the transactions and business relationship to enable the detection of unusual or suspicious transactions and shall report unusual or suspicious transactions to the AMLA. 2. Member States shall ensure that the derogation provided for in paragraph 1 of this Article is not applicable in the case of redemption in cash or cash withdrawal, or in the case of remote payment transactions as defined in point (6) of Article 4 of the Directive (EU) 2015/2366 of the European Parliament and of the Council where the amount paid exceeds EUR 50 per transaction. 3. Member States shall ensure that credit institutions and financial institutions acting as acquirers only accept payments carried out with anonymous prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in paragraphs 1 and 2. Member States may decide not to accept on their territory payments carried out by using anonymous prepaid cards. 4. By [2 years after the entry into force of this Regulation] AMLA shall conduct, in close collaboration with the EBA and the ESMA, an impact assessment on the money laundering and terrorist financing risks associated to the use of anonymous electronic money services, taking into consideration the total anonymous electronic money transaction volume as well as recipients of anonymous electronic money transactions, focusing on the relative risk compared to cash transactions. On the basis of that assessment, and taking due account of the differences between Member States which do and do not implement the derogation in Article 6 a (1), the Commission may, where appropriate, submit to the European Parliament and to the Council a legislative proposal by [3 years after the entry into force of this Regulation].
Amendment 540 #
Proposal for a regulation
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. Group entities shall be entitled to use received information from group members related to the identification and verification of the customer's identity, given that all information and verification pursuant to paragraphs 1, 2, 3 and 4 has already been collected and verified by the group member.
Amendment 542 #
Proposal for a regulation
Article 18 – paragraph 4 b (new)
Article 18 – paragraph 4 b (new)
4b. 1. By [1 year after the date of entry into force of this Directive], the Commission shall, in close collaboration with the AMLA, conduct a feasibility assessment on the potential establishment of a centralised, European Beneficial ownership register and, in a second step, a centralised, European Know-Your- Customer Register, taking into account the potential mitigation of administrative burden of both the competent authorities in the Member States as well as of the obliged entities. 2. By [2 years after the date of entry into force of this Directive], the Commission shall report to the European Parliament and the Council, the results of the feasibility assessment and may submit, if appropriate, a legislative proposal to the European Parliament and the Council on the establishment of a European Beneficial ownership register and/or a European Know-Your-Customer Register.
Amendment 773 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point d
Article 42 – paragraph 1 – subparagraph 2 – point d
(d) links with family memberirst-degree relatives of managers or directors/those owning or controlling the corporate entity;
Amendment 810 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Beneficial ownership information shall be obtained within 214 calendar days from the creation of legal entities or legal arrangements. It shall be updated promptly, and in any case no later than 214 calendar days following any change of the beneficial owner(s), and on an annual basis.
Amendment 854 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
Article 50 – paragraph 1 – subparagraph 2
For the purposes of points (a) and (b), obliged entities shall reply to a request for information by the FIU within 5 days, if due to a sense of urgency this deadline of 5 days is explicitly requested by the FIU. In justified and urgent cases, FIUs shall be able to shorten such a deadline to 24 hours.