Activities of Krišjānis KARIŅŠ related to 2013/0025(COD)
Plenary speeches (2)
Prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Information accompanying transfers of funds (debate) LV
Prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Information accompanying transfers of funds (debate) LV
Reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC PDF (151 KB) DOC (72 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing PDF (706 KB) DOC (782 KB)
Amendments (20)
Amendment 88 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) "international organisation" is an entity established by formal political agreement between at least two states, has the status of an international treaty, its existence is recognised by law in those states, and this entity is not treated as a resident institutional unit of the countries in which it is located;
Amendment 175 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) To allow competent authorities and obliged entities to better evaluate the risks arising from certain transactions, the Commission should draw up a list of the jurisdictions outside the European Union that have implemented rules and regulations similar to those laid down in this Directive.
Amendment 196 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) Member States may, after conducting risk analyses in accordance with Article 7, partially or in full exempt certain products provided by entities under (3) f). Before any exemption Member State shall seek the approval of the Commission.
Amendment 212 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
A percentage of 25% plus one share shall be evidence of ownership or control through shareholding and applies to every level of direct anshareholding of 25% plus one share in the customer held by a natural person shall be an indication of direct ownership. A shareholding of 25% plus one share in the customer, held by a corporate entity, which is under the control of a natural person(s), or by multiple corporate entities, which are under the control of the same natural person, shall be an indication of indirect ownership. The notion of control shall be determined, inter alia, in accordance with the criteria in Article 22(1) to (5) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated findirect ownership; ancial statements and related reports of certain types of undertakings [...][1]. [1] OJ L 182, 29.6.2013, p.19.
Amendment 217 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point ii
Article 3 – paragraph 1 – point 5 – point a – point ii
(ii) if there is any doubt that the person(s) identified in point (i) are the beneficial owner(s), the natural person(s) who exercises control over the management of a legal entity through other means; or if after having taken all the necessary measures no person can be found under point (i), the natural person(s) who exercises control over the legal entity or its management through other means, which may include senior managing officials;
Amendment 222 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point b – point iii a (new)
Article 3 – paragraph 1 – point 5 – point b – point iii a (new)
(iiia) For trusts, the identity of the settlor, trustee(s), the protector (if any), the beneficiary or class of beneficiaries, and any other natural person exercising ultimate effective control over the trust (including through a chain of control or ownership);
Amendment 237 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall, in accordance with the risk assessment, ensure that the provisions of this Directive are extended in whole or in part to professions and to categories of undertakings, other than the obliged entities referred to in Article 2(1), which engage in activities which are particularly likely to be used for money laundering or terrorist financing purposes.
Amendment 308 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a 1 Member States shall not require obliged entities to apply customer due diligence measures in respect of electronic money, as defined in Article 2(2) of Directive 2009/110/EC of the European Parliament and of the Council if all of the following conditions are fulfilled: (a) the payment instrument is not reloadable; (b) the maximum amount stored electronically does not exceed EUR 250, Member States may increase this limit up to EUR 500 for payment instruments that can only be used in that one particular Member State; (c) the payment instrument is used exclusively to purchase goods or services; (d) the payment instrument cannot be funded with electronic money. 2. Member States shall ensure that customer due diligence measures are always applied before redemption of the monetary value of the electronic money exceeding EUR 250.
Amendment 341 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
In respect of cross-frontier correspondent banking relationships with respondent institutions from third countries not subject to equivalent international standards, Member States shall, in addition to the customer due diligence measures as set out in Article 11, require their credit institutions to:
Amendment 356 #
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. The Commission shall provide a list of jurisdictions having anti-money laundering measures equivalent to provisions of this Directive and other related rules and regulations of the Union.
Amendment 357 #
Proposal for a directive
Article 25 – paragraph 2 b (new)
Article 25 – paragraph 2 b (new)
2b. The list mentioned under paragraph 2 a shall be regularly assessed and updated according to the information received from Member States as mentioned under paragraph 2.
Amendment 444 #
Proposal for a directive
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) in the case of business relationships and transactions, the supporting evidence and records, consisting of the original documents or copies admissible in court proceedings under the applicable national legislation for a period of five years following either the carrying-out of the transactions or the end of the business relationship, whichever period is the shortest. Upon expiration of this period, personal data shall be deleted, unless otherwise provided for by national law, which shall determine under which circumstances obliged entities may or shall further retain data. Member States may allow or require further retention only if necessary for the prevention, detection or investigation of money laundering and terrorist financing. The maximum retention period following either the carrying-out of the transactions or the end of the business relationship, whichever period ends first, shall not exceed ten years. The information may be retained for a longer period where it is necessary to do so in order to give effect to the commercial purposes of transactions or former relationship between the customer and the obliged entity.
Amendment 463 #
Proposal for a directive
Article 43 – paragraph 3
Article 43 – paragraph 3
3. Member States shall ensure that, wherever practicable, timely feedback on the effectiveness of and follow-up to reports of suspected money laundering or terrorist financing is provided to obliged entities.
Amendment 495 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Member States shall ensure that obliged entities can be held liable for breaches of the national provisions adopted pursuant to this Directive. The penalties must be effective, proportionate and dissuasive.
Amendment 525 #
Proposal for a directive
Annex 2 – paragraph 1 – point 1 – point c a (new)
Annex 2 – paragraph 1 – point 1 – point c a (new)
(ca) Obliged entities where they are subject to requirements to combat money laundering and terrorist financing under this Directive and have effectively implemented those requirements;
Amendment 527 #
Proposal for a directive
Annex 2 – paragraph 1 – point 2 – point e a (new)
Annex 2 – paragraph 1 – point 2 – point e a (new)
(ea) Long term purpose-orientated savings agreements, serving for instance as a safeguard for retirement provisions or for the acquisition of self-used real estate and where the incoming payments originate from a payment account which is identified according to article 11 and 12 of the directive.
Amendment 528 #
Proposal for a directive
Annex 2 – paragraph 1 – point 2 – point e a (new)
Annex 2 – paragraph 1 – point 2 – point e a (new)
(ea) financial products low in value where repayment is conducted through a bank account in the name of the customer;
Amendment 531 #
Proposal for a directive
Annex 2 – paragraph 1 – point 2 – point e b (new)
Annex 2 – paragraph 1 – point 2 – point e b (new)
(eb) non-face-to-face business relationships or transactions where the identity can be verified electronically;
Amendment 532 #
Proposal for a directive
Annex 2 – paragraph 1 – point 2 – point e c (new)
Annex 2 – paragraph 1 – point 2 – point e c (new)
(ec) such products, services and transactions identified as low risk by the competent authorities of the home Member State of the obliged entities.
Amendment 534 #
Proposal for a directive
Annex 2 – paragraph 1 – point 3 – point d a (new)
Annex 2 – paragraph 1 – point 3 – point d a (new)
(da) jurisdictions identified by the Commission having anti-money laundering measures equivalent to those laid down by this Directive and other related rules and regulations of the Union;