30 Amendments of Sylvie GUILLAUME related to 2013/0025(COD)
Amendment 109 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Use of electronic money products is increasingly regarded as a substitute for a bank account and must be subject to the conditions for combating money laundering and terrorist financing. However, in certain cases, electronic money products may be exempt from diligence measures if very strictly defined conditions are met. In those circumstances, electronic money issued without being subject to diligence measures may be used solely for the purchase of goods and services from traders and suppliers whose identity can be verified by the issuer of the electronic money, at least at the time of payment. It may not be used for person-to-person payments. Furthermore, the amount stored electronically should be low enough to prevent security breaches and ensure that no one is able to obtain unlimited amounts of anonymous electronic money.
Amendment 139 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to better understand and mitigate risks at European Union level, a supranational risk analysis should be carried out, so the risks of money laundering and terrorist financing to which the internal market is exposed can be identified effectively. The Commission should require the Member States to deal with scenarios considered to be high-risk in an effective way. Furthermore, Member States should share the results of their risk assessments with each other, the Commission and EBA, EIOPA and ESMA, where appropriate.
Amendment 147 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The European Union must develop a common approach and policy to deal with non-cooperative jurisdictions that perform poorly in combating money laundering and terrorist financing. To this end, the Member States should implement and apply directly all the lists of countries published by the FATF in their national systems to combat money laundering and terrorist financing. Furthermore, the Member States and the Commission should identify other non- cooperative jurisdictions on the basis of all information available. After consultation with the Committee, the Commission should develop a common approach to measures to be used to protect the integrity of the internal market against these non-cooperative jurisdictions.
Amendment 201 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a The Member States shall prohibit cash payments greater than or equal to EUR 7 500 so the transaction can be executed in a single operation or in several operations that appear to be linked.
Amendment 204 #
Proposal for a directive
Article 2 – paragraph 6 a (new)
Article 2 – paragraph 6 a (new)
6a. The Member States may decide, on the basis of a proven low risk, to apply exemptions from diligence measures to occupations liable to use electronic money [as defined in Article 2(2) of Directive 2009/110/EC of the European Parliament and of the Council] only if all the following conditions are met: (i) the payment instrument is not rechargeable and the maximum amount that has been stored electronically is not greater than EUR 100. The Member States may increase this amount to EUR 250 for national payments; (ii) the payment instrument may be used solely for the purchase of goods and services; (iii) the electronic money storage medium may not be topped up by electronic money; (iv) cash reimbursements and cash withdrawals shall be prohibited except when requirements concerning the identification and checking of the identity of the bearer, adequate, appropriate measures for withdrawal and reimbursement procedures, and data conservation have been fulfilled.
Amendment 208 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point f
Article 3 – paragraph 1 – point 4 – point f
(f) all offences, including tax crimes related to direct taxes and indirect taxes, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or, as regards those States which have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months;
Amendment 209 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point f a (new)
Article 3 – paragraph 1 – point 4 – point f a (new)
(fa) tax crimes related to direct taxes and indirect taxes. Whatever the definition of tax crime used at national level, this must not impede implementation of the provisions of this Directive, particularly as regards reporting obligations and national and international cooperation between the competent authorities during an investigation.
Amendment 223 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point a
Article 3 – paragraph 1 – point 7 – point a
(a) ‘foreign politically exposed persons’ means natural persons who are or have been entrusted with prominent public functions by another Member State or third country;
Amendment 224 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point b
Article 3 – paragraph 1 – point 7 – point b
(b) ‘domestic politically exposed persons’ means natural persons who are or who have been entrusted by a Member State with prominent public functions at national level;
Amendment 245 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. The European Banking Authority (hereinafter ‘EBA’), European Insurance and Occupational Pensions Authority (hereinafter ‘EIOPA’) and European Securities and Markets Authority (hereinafter ‘ESMA’) shall provide a joint opinion on the money laundering and terrorist financing risks affecting the internal market. Commission shall take all appropriate measures to identify, understand and assess the risks of money laundering and terrorist financing affecting the internal market, with particular reference to cross-border activities, in cooperation with Europol, the Committee of European Financial Intelligence Units, the European Banking Authority (hereinafter ‘EBA’), European Insurance and Occupational Pensions Authority (hereinafter ‘EIOPA’) and European Securities and Markets Authority (hereinafter ‘ESMA’) and any other competent authority. 2. The Commission shall: - ensure that risk assessments are updated - make the results of these assessments available to the Member States, Europol, the Committee of European Financial Intelligence Units, EBA, EIOPA, ESMA and any other competent authority, in accordance with paragraph 1; - make the results of these assessments accessible to those working in occupations liable to use electronic money so they can carry out and administer their own assessment of the money laundering and terrorist financing risks affecting the internal market. 3. In order to respond to the risks identified and to determine the appropriate diligence measures to be implemented, the Commission shall adopt the acts needed, in accordance with the procedure laid down in Regulation (EU) No 182/2011. 4. The Commission shall be assisted by the Committee on the Prevention of Money Laundering and Terrorist Financing (hereinafter referred to as ‘the Committee’). The Committee shall be heard in accordance with the provisions of Regulation (EU) No 182/2011. 5. Member States may implement more stringent measures than those provided for in paragraph 4.
Amendment 253 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 258 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 267 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a 1. Without prejudice to the infringement proceedings provided for in the Treaty on European Union, the Commission shall ensure that the national legislation to combat money laundering and terrorist financing adopted by the Member States on the basis of this Directive is implemented effectively and in accordance with the European framework. 2. For the application of paragraph 1, the Commission shall be assisted by the Committee and, where appropriate, Europol, the Committee of European Financial Intelligence Units, EBA, EIOPA, ESMA and any other competent European authority, in accordance with paragraph 1. 3. Assessments of national legislation to combat money laundering and terrorist financing provided for in paragraph 1 of this article shall be carried out without prejudice to those conducted by the Financial Action Task Force or Moneyval.
Amendment 268 #
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Article 6b 1. Each Member State shall send the Committee a report on the results of the risk analyses carried out under Article 7(1), beginning at the Committee’s first meeting. Other Member States shall be encouraged to provide Member States that are carrying out risk analyses with any additional information, when necessary. 2. In order to ensure consistent adoption of policies, the Committee shall carry out a careful examination of risk analyses that relate to subjects of particular importance for the internal market. 3. On the basis of the analysis described in paragraph 2, the Committee shall determine the suitability of the above- mentioned risk analyses and any need for correction or amendment of these analyses. Failure by a Member State to take note of the guidelines laid down by the Committee may result in recommendations by the Commission to take specific measures that are consistent with the Directive’s objectives and requirements.
Amendment 339 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a 1. The European Union shall adopt the counter-measures or enhanced due diligence measures when the FATF calls upon States to do so. 2. Member States must adopt counter- measures or require their credit institutions and financial institutions to apply enhanced due diligence when the FATF calls upon them to do so. 3. The countermeasures must be effective and proportionate to the risks and include at least one of the measures set out in Annex [IV]. 4. The enhanced due diligence measures applied must be effective and proportionate to the risks and include at least one of the measures set out in Annex [V]. 5. The Committee must coordinate the actions taken by Member States pursuant to paragraphs 1, 2 and 3.
Amendment 340 #
Proposal for a directive
Article 16 b (new)
Article 16 b (new)
Article 16b 1. The European Union may decide to adopt counter-measures or enhanced due diligence measures in relation to countries which are not published by the FATF. 2. In accordance with the relevant provisions of the Treaty on European Union, Member States may adopt counter-measures or require their credit institutions or financial institutions to apply enhanced due diligence measures in relation to countries not identified by the FATF as deficient.
Amendment 371 #
Proposal for a directive
Article 29 – paragraphs 2 and 3-8 (new)
Article 29 – paragraphs 2 and 3-8 (new)
2. Member States shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entities. , by Financial Intelligence Units (FIUs) and by obliged entities. 3. Member States shall ensure that the essential information [provided for in Annex VI (new) to the directive] concerning companies is kept in a central registry and that the information can be accessed by the public and is made publicly accessible. This information must be appropriate, correct and up to date. 4. Member States must furthermore ensure that the information about the beneficial owners of companies established within their territory is kept in a central registry. This information must be appropriate, correct and up to date. The Commission shall coordinate the organisation and format of the central registry among all Member States. 5. Member States shall ensure that the competent authorities and the FIUs are able to provide information about beneficial owners to the competent authorities and FIUs of other Member States in a timely manner. 6. Member States shall decide at national level on the range of penalties applicable in the event of failure to comply with the requirements of paragraph 1 and 2. 7. Member States shall take all measures to prevent abuse of bearer shares and bearer share warrants. 8. The provisions of paragraphs 1 to 5 of this article shall not exonerate obliged entities from their due diligence obligations. These entities must not regard this information as sufficient to comply with their obligations. The scope of this measure must be determined on the basis of a risk-based approach in accordance with Article 11.
Amendment 396 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that trustees of any express trust governed under their law obtain and hold adequate, accurate and current information on beneficial ownership regarding the trust. This information shall include the trust deed, the letter of wishes and the 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.
Amendment 399 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. 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 occof any express trust governed by their domestic law are registered by the trustee in a public registry of trusts located in the Member State concerned within a reasional transactble periond above the threshold set out in points (b), (c) and (d) of Article 10fter its establishment. This information must be appropriate, correct, up to date and accessible for the public.
Amendment 401 #
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member States shall ensure that tfurthermore that trustees of trusts established information referred to a Member State or a third country declare their status to obliged entities and that trusts are registered in the registry of trusts described in paragraph 12 of this Aarticle can be accessed in a timely manner by competent authorities and by obliged entitiesin the Member State where, and if, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the thresholds set out in points (b), (c) and (d) of Article 10. Member States shall ensure that the trust is registered before the business relationship is formed or the occasional transaction is carried out. The trustee must, without delay, notify the central registry of trusts of any change in the information registered.
Amendment 404 #
Proposal for a directive
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall ensure that measures corresponding to those in paragraphs 1, 2 and 3 apply to other types of legal entity and arrangement with a similar structure and function tothe central registry of trusts contains all the information provided for in paragraph 1 of this article, that the information is completed and that any changes are notified to the central registry when paragraphs 2 and 3 of this article are applicable. Member States shall ensure that the documents and certified copies supplied as a basis for registration are completed and kept by the central registry of trusts.
Amendment 406 #
Proposal for a directive
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. The Commission shall coordinate the organisation and format of the central registry.
Amendment 409 #
Proposal for a directive
Article 30 – paragraph 4 b (new)
Article 30 – paragraph 4 b (new)
Amendment 411 #
Proposal for a directive
Article 30 – paragraph 4 c (new)
Article 30 – paragraph 4 c (new)
4c. Member States shall ensure that measures similar to those provided for in the previous paragraphs apply to other forms of legal arrangements with structures and functions similar to trusts.
Amendment 412 #
Proposal for a directive
Article 30 – paragraph 4 d (new)
Article 30 – paragraph 4 d (new)
4d. The provisions of paragraphs 1 to 5 of this article shall not exonerate obliged entities from their due diligence obligations. These entities must not regard this information as sufficient to comply with their obligations. The scope of this measure must be determined on the basis of a risk-based approach in accordance with Article 11.
Amendment 413 #
Proposal for a directive
Article 30 – paragraph 4 e (new)
Article 30 – paragraph 4 e (new)
4e. Member States shall institute appropriate and proportionate penalties applicable when trustees fail, repeatedly and systematically, to comply with the obligations laid down in paragraphs 2 and 3.
Amendment 450 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall have national centralised mechanisms enabling them to identify, in a timely manner, whether natural or legal persons hold or control bank accounts kept by financial institutions on their territory. 2. Member States shall also have mechanisms providing the competent authorities with a means of identifying property without giving prior notice to the owner. 3. Member States shall require that their obliged entities have systems in place that enable them to respond fully and rapidly to enquiries from the FIU, or from other authorities, in accordance with their national law, as to whether they maintain or have maintained during the previous five years a business relationship with specified natural or legal persons and on the nature of that relationship.
Amendment 543 #
Proposal for a directive
Annex 3 a (new)
Annex 3 a (new)
Amendment 545 #
Proposal for a directive
Annex 3 b (new)
Annex 3 b (new)
Annex IIIb The following is a list of examples of enhanced due diligence measures that Member States may, at least, apply pursuant to Article 16a(3): (a) obtaining additional information on the customer (e.g. occupation, volume of assets, information available through public databases, internet, etc.), and updating more regularly the identification data of customer and beneficial owner; (b) obtaining additional information on the intended nature of the business relationship; (c) obtaining information on the source of funds or source of wealth of the customer; (d) obtaining information on the reasons for intended or performed transactions; (e) obtaining the approval of senior management to commence or continue the business relationship; (f) conducting enhanced monitoring of the business relationship, by increasing the number and frequency of checks carried out, and selecting patterns of transactions that need further examination; (g) requiring the first payment to be carried out through an account opened in the customer's name with another bank subject to similar due diligence standards.
Amendment 547 #
Proposal for a directive
Annex 3 c (new)
Annex 3 c (new)
Annex IIIc The essential information referred to in Article 29(3) is as follows: name, proof of establishment, legal form and status, address of main office, the key factors governing the company's operation, the list of members of the board of directors (memorandum, articles of association, list of directors).