Activities of Monica MACOVEI related to 2013/0025(COD)
Plenary speeches (1)
Prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Information accompanying transfers of funds (debate) RO
Amendments (15)
Amendment 104 #
Proposal for a directive
Recital 5
Recital 5
(5) Furthermore, the misuse of the financial system to channel criminal or even clean money to terrorist purposes poses a clear risk to the integrity, proper functioning, reputation and stability of the financial system. Accordingly, the preventive measures of this Directive should cover not only the manipulation of money derived from crime but also the collection of money or property for terrorist purposes. It should also address the vulnerabilities of the financial systems in the different EU Member States.
Amendment 124 #
Proposal for a directive
Recital 11
Recital 11
(11) It is important to ensure and enhance the traceability of payments. The need for accurate and up-to-date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retain information on their beneficial ownership and make this information available to competent authorities and obliged entities. In addition, trustees should declare their status to obliged entities.
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. For the purposes of this Directive, the following conduct, when committed intentionally, shall be regarded as money laundering:
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) the conversion or transfer of property, knowing, or should have known based on concrete facts and circumstances, that such property is derived from criminal activity or from an act of participation in such activity, for the purpose of concealing or disguising the illicit origin of the property or of avoiding freezing or confiscation orders or of assisting any person who is involved in the commission of such activity to evade the legal consequences of his action;
Amendment 306 #
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
Article 10 – paragraph 1 – point f a (new)
(fa) whenever a company is formed.
Amendment 359 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that corporate or legal entitieentities, including trusts, foundations, holdings and all other similar, in terms of structure and function, existing or future legal arrangements established within their territory obtain and hold adequate, accurate and current information on their beneficial ownershipr governed under their law, obtain, hold and transmit to a public register, adequate, accurate and current information on their beneficial ownership, at the moment of establishment or any changes thereof. The public register shall contain but not be limited to the following information: a) name, legal form and status of the corporate or legal entity; b) proof of incorporation; c) address of the registered office; d) basic regulatory powers; e) list of directors; f) shareholder information including names, dates of birth, the number of shares per shareholder, and categories of shares. The requirements stipulated in this paragraph shall not exempt obliged entities from their customer due diligence obligations, and obliged entities shall not rely exclusively on this information as sufficient to fulfil these obligations.
Amendment 368 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. Regarding trusts or other types of legal entities and arrangements with a similar structure and function, the information shall also include the trust deed, the letters of wishes, identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in Article 10(b), (c) and (d). Member States shall ensure that the trust is registered before the business relationship is established or the occasional transaction is performed.
Amendment 389 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member States shall ensure that the information referred to in paragraphs 1 and 1a of this Article canshall be accessed in a timely mannerible by competent authorities and by obliged entities, obliged entities and the general public in a timely manner. The information should be available online, in an open data format.
Amendment 420 #
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The FIU shall be established as a central national unit. It shall be responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of information which concern potential money laundering or associated predicate offences, potential terrorist financing or are required by national legislation or regulation. The FIU shall be provided with adequate financial, technical and human resources in order to fulfil its tasks. Member States shall ensure that the FIU is free from undue interference.
Amendment 431 #
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Without prejudice of paragraph 1, Member States shall require obliged entities to address systematically to the FIU of each Member State concerned by the operation reported, other kind of information, such as threshold-based transactions defined at national level on specific situations considered at risk for money laundering and financing terrorism, with all relevant elements of information.
Amendment 438 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Member States shall take all appropriate measures in order to protect whistle blowers and employees of the obliged entity who report suspicions of money laundering or terrorist financing either internally or to the FIU from being exposed to threats or hostile action.
Amendment 462 #
Proposal for a directive
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3a. Member States shall require that obliged entities appoint the member(s) of the management board who are responsible for the implementation of the laws, regulations and administrative provisions necessary to comply with this Directive.
Amendment 470 #
Proposal for a directive
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Member States shall ensure that the competent authorities have adequate powers, including the power to compel the production of any information that is relevant to monitoring compliance and perform checks, and have adequate financial, human and technical resources to perform their functions. Member States shall ensure that staff of these authorities maintain high professional standards, including standards of confidentiality and data protection, they shall be of high integrity and be appropriately skilled. Member States shall ensure that conflict of interests do not arise among members of the Boards and staff of competent authorities. A conflict of interests exists where the impartial and objective exercise of the functions of a person is compromised for reasons involving family, emotional life, political, professional activity or national affinity, economic interest or any other shared interest with an obliged entity;
Amendment 480 #
Proposal for a directive
Article 50 – paragraph 2 – subparagraph 1 (new)
Article 50 – paragraph 2 – subparagraph 1 (new)
Especially, when a FIU based in the Union wants to obtain additional information from an obliged entity of another Member State which operates on its territory, the request shall be addressed to the FIU of the Member State in whose territory the obliged entity is situated. This FIU shall transfer requests and answers promptly and without any filter.
Amendment 509 #
Proposal for a directive
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
1a. Member States shall ensure that non- conviction based confiscation of property on the balance of probabilities, extended confiscation and confiscation from third parties should be extensively used. In all cases confiscation must be ordered by a court be it criminal or civil.