Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Joint Responsible Committee | ['ECON', 'LIBE'] | KARIŅŠ Krišjānis ( PPE), SARGENTINI Judith ( Verts/ALE) | RADEV Emil ( PPE), GOMES Ana ( S&D), SIMON Peter ( S&D), LUCKE Bernd ( ECR), MACOVEI Monica ( ECR), JEŽEK Petr ( ALDE), TORVALDS Nils ( ALDE), GIEGOLD Sven ( Verts/ALE), MEUTHEN Jörg ( EFDD), VALLI Marco ( EFDD) |
Committee Opinion | JURI | ||
Committee Opinion | DEVE | SCHLEIN Elly ( S&D) | Nirj DEVA ( ECR), Teresa JIMÉNEZ-BECERRIL BARRIO ( PPE) |
Committee Opinion | INTA | MAUREL Emmanuel ( S&D) | Santiago FISAS AYXELÀ ( PPE), Sander LOONES ( ECR) |
Committee Legal Basis Opinion | JURI | VOSS Axel ( PPE) | Enrico GASBARRA ( S&D), Cecilia WIKSTRÖM ( ALDE) |
Lead committee dossier:
Legal Basis:
RoP 58, TFEU 050, TFEU 114
Legal Basis:
RoP 58, TFEU 050, TFEU 114Subjects
Events
PURPOSE: to enhance EU rules to prevent money laundering and terrorist financing.
LEGISLATIVE ACT: Directive (EU) 2018/843 of the European Parliament and of the Council amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU.
CONTENT: this Directive amending Directive (EU) 2015/849 is part of a Commission action plan to combat terrorist financing, drawn up in 2016 following a wave of terrorist attacks in Europe. It aims (i) to prevent the use of the financial system to finance criminal activities ; (ii) to strengthen transparency rules to prevent the concealment of funds on a large scale.
The main amendments made to Directive (EU) 2015/849 concern in particular the following points:
Scope : the revised Directive shall also apply to: (i) all forms of tax consultancy services, (ii) estate agents including when acting as intermediaries in the letting of immovable property, but only in relation to transactions for which the monthly rent amounts to EUR 10 000 or more; (iii) dealers of art where the value of the transaction amounts to EUR 10 000 or more.
For criminal activities within the meaning of the Directive, any type of criminal involvement in the commission of terrorist or terrorist offences, as well as the activities of criminal organisations, shall be considered to be criminal activities within the meaning of the Council Framework Decision 2008/841/JHA.
Risk assessment : the risk assessment report prepared by the Commission shall cover the risks associated with each relevant sector , including estimates of the money laundering volumes provided by Eurostat for each of these sectors, as well as the most widespread means used by criminals to launder illicit products.
Customer due diligence obligations : In particular, the revised Directive provides for customer due diligence obligations:
prohibiting their credit institutions and financial institutions from keeping anonymous accounts , anonymous passbooks or anonymous safe-deposit boxes. Member States shall, in any event, require that the owners and beneficiaries of existing anonymous accounts, anonymous passbooks or anonymous safe-deposit boxes be subject to customer due diligence measures no later than 10 January 2019; reducing the identification threshold for prepaid cardholders from the current EUR 250 to EUR 150 . Member States may decide not to accept payments made using anonymous prepaid cards on their territory; regarding virtual currency exchange platforms and storage portfolio providers. National financial intelligence units (FIUs) shall be able to obtain information allowing them to associate virtual currency addresses to the identity of the owner of virtual currency; enhancing due diligence obligations , for example in the case of transactions involving high-risk third countries as well as in other cases of higher risk: reporting entities will be required to examine, to the extent reasonable, the background and purpose of any transaction (i) if it is a complex transaction; (ii) if it is an unusually large transaction; (iii) it is carried out in an unusual pattern; (iv) it does not have an apparent economic or lawful purpose.
Information on beneficial owners : Member States shall ensure that corporate and other legal entities incorporated within their territory obtain and hold adequate, accurate and current information on their beneficial ownership.
The Directive provides for enhanced access to the registers of beneficial owners in order to increase transparency in the ownership of companies and trusts. The registers will also be interconnected to facilitate cooperation between Member States. Access to information on beneficial owners is provided as follows:
public access to information on beneficial owners concerning enterprises; access on the basis of ‘legitimate interest’ to information on beneficial owners concerning trusts and similar legal arrangements; to any person that files a written request in relation to a trust or similar legal arrangement which holds or owns a controlling interest in any corporate or other legal entity incorporated outside the Union.
Policy towards third countries : the Commission may adopt delegated acts to identify high-risk third countries, taking into account their strategic deficiencies in particular in the legal and institutional AML/CFT framework of the third country and the criminalisation of money laundering and terrorist financing.
Whistleblowers : individuals, including employees and representatives of the obliged entity who report suspicions of money laundering or terrorist financing internally or to the FIU, are legally protected from being exposed to threats, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions.
Cooperation between FIUs : the Directive aims to improve the effectiveness of national FIUs by clearly clarifying their powers and cooperation between them. FIUs should have access to information and be able to exchange it without impediment, in particular through appropriate cooperation with law enforcement authorities. In all cases of suspected criminality and, in particular, in cases of terrorist financing, information should flow directly and promptly without undue delay.
ENTRY INTO FORCE: 9.7.2018.
TRANSPOSITION: no later than 10.1.2020.
The European Parliament adopted by 574 votes to 13, with 60 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and amending Directive 2009/101/EC.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Scope : Directive (EU) 2015/849 shall also apply to: (i) all forms of tax consultancy services, (ii) estate agents including when acting as intermediaries in the letting of immovable property, but only in relation to transactions for which the monthly rent amounts to EUR 10 000 or more; (iii) dealers of art where the value of the transaction amounts to EUR 10,000 or more.
For criminal activities within the meaning of the Directive, any type of criminal involvement in the commission of terrorist or terrorist offences, as well as the activities of criminal organisations, shall be considered to be criminal activities within the meaning of the Council Framework Decision 2008/841/JHA.
Risk assessment : the risk assessment report prepared by the Commission shall cover the risks associated with each relevant sector, including estimates of the money laundering volumes provided by Eurostat for each of these sectors, as well as the most widespread means used by criminals to launder illicit products.
Each Member States shall report the institutional structure and broad procedures of their anti-money laundering and anti-terrorist financing framework regime, including inter alia the Financial Intelligence Unit (FIU), tax authorities and prosecutors, as well as the allocated human and financial resources to the extent that this information is available.
Member States shall make the results of their risk assessments, including their updates, available to the Commission, the ESAs and the other Member States. A summary of the assessment shall be made publicly available.
Policy towards third countries : the Commission may adopt delegated acts to identify high-risk third countries, taking into account their strategic deficiencies, in particular as regards the legal and institutional framework of the third country in the fight against money laundering and terrorist financing.
Customer due diligence obligations : Member States shall prohibit their banks from keeping anonymous accounts , anonymous passbooks or anonymous safe-deposit boxes. Holders and beneficiaries of existing anonymous accounts shall be subject to customer due diligence measures at the latest six months after the date of entry into force of the amending Directive.
The amending Directive provides for a reduction of the identification threshold for prepaid cardholders from the current EUR 250 to EUR 150 . In addition, national FIUs would be able to obtain information enabling them to associate the addresses corresponding to the virtual currency with the identity of the owner of the virtual currency.
Whenever entering into a new business relationship with a corporate or other legal entity, or a trust or a legal arrangement having a structure or functions similar to trusts (ʽsimilar legal arrangementʼ) which are subject to the registration of beneficial ownership information, the obliged entities shall collect proof of registration or an excerpt of the register.
Enhanced due diligence obligations : Member States shall require obliged entities to examine, as far as reasonably possible, the background and purpose of all transactions that fulfil at least one of the following conditions: (i) they are complex transactions; (ii) they are unusually large transactions; (iii) they are conducted in an unusual pattern; (iv) they do not have an apparent economic or lawful purpose.
Information on beneficial owners : this information should be accessible in all cases to: (i) competent authorities and FIUs, without any restriction; (ii) obliged entities, in the context of customer due diligence; and (iii) any member of the general public .
The information accessible to natural or legal persons shall consist of the name, the month and year of birth and the country of residence and nationality of the beneficial owner, as well as nature and extent of beneficial interest held.
Access to beneficial ownership information of trusts and similar legal arrangements should be granted to any person that can demonstrate a legitimate interest .
Whistleblowers : individuals, including employees and representatives of the obliged entity who report suspicions of money laundering or terrorist financing internally or to the FIU, are legally protected from being exposed to threats, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions.
Opinion of the European Data Protection Supervisor on a Commission Proposal amending Directive (EU) 2015/849 and Directive 2009/101/EC - Access to beneficial ownership information and data protection implications.
As a reminder, the Commission proposal seeks to amend the anti-money laundering Directive and Directive 2009/101/EC in the fight against tax evasion, protection of investors and fight against abuses of the financial system. New amendments aim to bring the AML Directive up to speed with technical and financial innovation and new means to perform money laundering and terrorism financing.
The amendments, in particular, raise questions as to why certain forms of invasive personal data processing, acceptable in relation to anti-money laundering and fight against terrorism, are necessary out of those contexts and on whether they are proportionate.
The EDPS was not consulted before the adoption of the proposal. Its opinion was subsequently requested by the Council, which adopted on 19 December 2016 a compromise text on the proposal.
After having reviewed the impact of the proposal on fundamental rights as regards the respect for privacy and data protection, the EDPS considered that the proposal should:
ensure that any processing of personal data serve a legitimate, specific and well identified purpose and be linked to it by necessity and proportionality. The data controller performing personal data processing shall be identified and accountable for the compliance with data protection rules; ensure that any limitation on the exercise of the fundamental rights to privacy and data protection be provided for by law, respect their essence and, subject to the principle of proportionality, enacted only if necessary to achieve objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others; ensure a proper assessment of the proportionality of the policy measures proposed in relation to the purposes sought, as emergency-based measures that are acceptable to tackle the risk of terrorist attacks might result excessive when applied to prevent the risk of tax evasion; put into place safeguards that would have granted a certain degree of proportionality (for example, in setting the conditions for access to information on financial transactions by FIUs); design access to beneficial ownership information in compliance with the principle of proportionality, inter alia, ensuring access only to entities who are in charge of enforcing the law.
Opinion of the European Central Bank (ECB) on a proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and amending Directive 2009/101/EC.
The European Central Bank received requests from the Council (on 19 August 2016) and the European Parliament (on 23 September 2016) respectively for an opinion on the abovementioned proposal.
The ECB made the following observations:
Regulation of virtual currency exchange platforms and custodian wallet providers : the proposed directive expands the list of obliged entities to which Directive (EU) 2015/849 of the European Parliament and of the Council applies in order to include providers engaged primarily and professionally in exchange services between ‘virtual currencies’ and ‘fiat currencies’ and wallet providers offering custodial services of credentials necessary to access virtual currencies.
The ECB strongly supported these provisions , which are in line with the Financial Action Task Force (FATF) Recommendations, given that terrorists and other criminal groups are currently able to transfer money within virtual currency networks by concealing the transfers or by benefiting from a certain degree of anonymity on such exchange platforms.
The ECB recognised that the technological advances relating to the distributed ledger technology underlying alternative means of payment, such as virtual currencies, may have the potential to increase the efficiency, reach and choice of payment and transfer methods. It considered that while it is appropriate for the Union legislative bodies, consistent with the FATF's recommendations, to regulate virtual currencies from the anti-money laundering and counter-terrorist financing perspectives, they should not seek in this particular context to promote a wider use of virtual currencies .
The ECB suggested adapting the definition of virtual currencies under the proposed directive by making it clear that virtual currencies are not legally established currencies. It also referred to other possible uses of virtual currencies such as store-of-value products for savings or investment purposes.
Central registers of bank and payment accounts : the proposed directive requires Member States to put in place centralised automated mechanisms or central electronic data retrieval systems, which would allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts and bank accounts held by a credit institution within their territory.
The ECB considered the task of establishing a central register to clearly be a government task since its purpose is to combat money laundering and the financing of terrorism. It emphasised that, in taking up the task of operating a central register of accounts, the national legislation implementing the proposed directive should include a cost recovery mechanism with explicit procedures for monitoring, allocating and invoicing all costs incurred by the national central banks (NCBs) that are associated with operating and granting access to the central register.
PURPOSE: to enhance transparency in order to fight against terrorist financing, tax evasion money laundering.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides following the ordinary legislative procedure on an equal footing with Council.
BACKGROUND: Directive (EU) 2015/849 of the European Parliament and the Council constitutes the main legal instrument in the prevention of the use of the Union's financial system for the purposes of money laundering and terrorist financing. That Directive must be transposed by 26 June 2017.
Recent terrorist attacks have brought to light emerging new trends, in particular regarding the way terrorist groups finance and conduct their operations.
Currently, gaps still exist in the oversight of the many financial means used by terrorists, from cash and trade in cultural artefacts to virtual currencies and anonymous pre-paid cards.
In addition to terrorist financing issues, offshore jurisdictions are often used as locations of intermediary entities that distance the real owner from the assets owned, often to avoid or evade tax.
On 2 February 2016, the Commission presented an action plan for strengthening the fight against terrorist financing which underscores the need to adapt to new threats and to improve the present framework to that effect.
On 22 April 2016 the informal ECOFIN Council also called for action in particular to: (i) enhance the accessibility of beneficial ownership registers, (ii) clarify the registration requirements for trusts, (iii) speed up the interconnection of national beneficial ownership registers, (iv) promote automatic exchange of information on beneficial ownership, and (v) strengthen customer due diligence rules
In its resolution of 16 December 2015 , the European Parliament had already stressed that improved transparency, coordination and convergence in relation to corporate tax policies provides an effective framework to guarantee fair competition between firms in the Union and protect state budgets from adverse outcomes.
IMPACT ASSESSMENT: the Impact Assessment draws on relevant reports issued by Union and international organisations such as the European Banking Authority (EBA), the European Central Bank (ECB), Europol, the Bank for International Settlements (BIS), and the FATF.
The need to formulate specific regulatory provisions was retained as essential and as being the most appropriate option.
CONTENT: the proposal sets out a series of measures to better counter the financing of terrorism and to ensure increased transparency of financial transactions and of corporate entities under the preventive legal framework in place in the Union, namely Directive (EU) 2015/849 (the "4AMLD"). It also sets out certain consequential changes to the relevant company law rules under Directive 2009/101/EC.
The amendments to the 4AMLD relate to the following points:
Designate virtual currency exchange platforms as obliged entities : in order to improve the detection of suspicious virtual currency transactions, it is proposed to include virtual currency exchange platforms as well as custodian wallet providers within the scope of the Directive. Set lower maximum transaction limits for certain pre-paid instruments : it is proposed to suppress anonymity for the online use of reloadable and non-reloadable prepaid cards, and reduce the existing EUR 250 threshold for anonymous prepaid cards to EUR 150 when used face-to-face. Enable Financial Intelligence Units (FIUs) to request information on money laundering and terrorist financing from any obliged entity : the proposal clarifies the FIUs' mandate to request supplementary information from any obliged entity and have direct access to information held by obliged entities. Enable FIUs and competent authorities to identify holders of bank and payment accounts : the Commission proposes to require Member States to set up automated centralised mechanisms - such as a central registry or an electronic data retrieval system – at Member State level, allowing for the swift identification of account holders. This mechanism would be directly accessible to national FIUs and potentially other competent authorities active in the field of anti-money laundering or counter-terrorist financing. Harmonise the EU approach towards high-risk third countries : it is proposed to modify the 4AMLD by providing a prescriptive list of enhanced customer due diligence measures to be applied by obliged entities, combined with an illustrative list of countermeasures that could be applied when dealing with high-risk third countries designated by the Commission. Improve access to the beneficial ownership registers : Member States will make public certain information of the beneficial ownership registers on companies and business-related trusts. Information on all other trusts will be included in the national registers and available to parties who can show a legitimate interest. The beneficial owners who have 10% ownership in certain companies that present a risk of being used for money laundering and tax evasion will be included in the registries. The threshold remains at 25% for all other companies. Interconnection of the registers : the proposal provides for the direct interconnection of the registers to facilitate cooperation between Member States.
Extending the information available to authorities : the Commission proposes that existing, as well as new, accounts should be subject to due diligence controls.
Documents
- Follow-up document: COM(2022)0087
- Follow-up document: EUR-Lex
- Final act published in Official Journal: Directive 2018/843
- Final act published in Official Journal: OJ L 156 19.06.2018, p. 0043
- Commission response to text adopted in plenary: SP(2018)350
- Draft final act: 00072/2017/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0178/2018
- Debate in Parliament: Debate in Parliament
- Specific opinion: PE616.787
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE616.577
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2017)011914
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2017)011914
- Text agreed during interinstitutional negotiations: PE616.577
- Debate in Council: 3549
- Committee report tabled for plenary, 1st reading/single reading: A8-0056/2017
- Committee report tabled for plenary, 1st reading: A8-0056/2017
- Document attached to the procedure: N8-0013/2017
- Document attached to the procedure: OJ C 085 18.03.2017, p. 0003
- Committee opinion: PE594.003
- Amendments tabled in committee: PE595.610
- Amendments tabled in committee: PE595.747
- Contribution: COM(2016)0450
- Committee opinion: PE594.132
- Debate in Council: 3506
- Committee opinion: PE594.116
- Contribution: COM(2016)0450
- Debate in Council: 3495
- Committee draft report: PE593.836
- Economic and Social Committee: opinion, report: CES4274/2016
- European Central Bank: opinion, guideline, report: CON/2016/0049
- European Central Bank: opinion, guideline, report: OJ C 459 09.12.2016, p. 0003
- Contribution: COM(2016)0450
- Debate in Council: 3480
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0223
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0224
- Legislative proposal published: COM(2016)0450
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0223
- Document attached to the procedure: EUR-Lex SWD(2016)0224
- European Central Bank: opinion, guideline, report: CON/2016/0049 OJ C 459 09.12.2016, p. 0003
- Economic and Social Committee: opinion, report: CES4274/2016
- Committee draft report: PE593.836
- Committee opinion: PE594.116
- Committee opinion: PE594.132
- Amendments tabled in committee: PE595.610
- Amendments tabled in committee: PE595.747
- Committee opinion: PE594.003
- Document attached to the procedure: N8-0013/2017 OJ C 085 18.03.2017, p. 0003
- Committee report tabled for plenary, 1st reading/single reading: A8-0056/2017
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2017)011914
- Text agreed during interinstitutional negotiations: PE616.577
- Specific opinion: PE616.787
- Draft final act: 00072/2017/LEX
- Commission response to text adopted in plenary: SP(2018)350
- Follow-up document: COM(2022)0087 EUR-Lex
- Contribution: COM(2016)0450
- Contribution: COM(2016)0450
- Contribution: COM(2016)0450
Activities
- David COBURN
- Roberto GUALTIERI
- Robert Jarosław IWASZKIEWICZ
- Krišjānis KARIŅŠ
- Barbara KAPPEL
- Judith SARGENTINI
- Pervenche BERÈS
Plenary Speeches (1)
- Mario BORGHEZIO
Plenary Speeches (1)
- André ELISSEN
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Ana GOMES
Plenary Speeches (1)
- Petr JEŽEK
Plenary Speeches (1)
- Rina Ronja KARI
Plenary Speeches (1)
- Monica MACOVEI
Plenary Speeches (1)
- Michał MARUSIK
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Péter NIEDERMÜLLER
Plenary Speeches (1)
- Stanisław OŻÓG
Plenary Speeches (1)
- Marcus PRETZELL
Plenary Speeches (1)
- Paul RÜBIG
Plenary Speeches (1)
- Elly SCHLEIN
Plenary Speeches (1)
- Helga STEVENS
Plenary Speeches (1)
- Patricija ŠULIN
Plenary Speeches (1)
- Eleftherios SYNADINOS
Plenary Speeches (1)
- Miguel VIEGAS
Plenary Speeches (1)
Votes
A8-0056/2017 - Krišjānis Kariņš et Judith Sargentini - Am 2 19/04/2018 12:09:03.000 #
Amendments | Dossier |
517 |
2016/0208(COD)
2016/11/30
INTA
16 amendments...
Amendment 10 #
Proposal for a directive Recital 10 a (new) (10a) In order for the Union's common framework to combat money laundering and terrorist financing through the financial system to be most effective in the long-term, a coordinated approach is also needed beyond the Union. Trade agreements should be used as a tool to expand that approach to third countries. Strengthening good governance clauses in bilateral agreements with third countries already benefitting from or negotiating a trade agreement with the Union is key. Increasing and strengthening structured dialogue on combating illicit financial flows and providing continued exchanges of expertise would benefit all sides to close current loopholes and gaps.
Amendment 11 #
Proposal for a directive Recital 10 a (new) (10a) Taken into consideration the risks connected with further deregulation of the financial services that may restrict the ability of governments to change the regulatory structure in ways which support financial stability and the fight against illicit and tax evasion activities, liberalisation of financial services should be subject to a better scrutiny, and to ex- ante analysis by the competent authorities. With regard to the exponential financial innovation, inclusion of financial services in Union trade agreements and partnerships should be carefully considered and based on positive lists.
Amendment 12 #
Proposal for a directive Recital 10 a (new) (10a) Money laundering and tax evasion are increasingly channelled through trade transactions; therefore, financial and tax transparency should be a key element in trade policy.
Amendment 13 #
Proposal for a directive Recital 10 b (new) (10b) Within a year from the entry into force of this Directive, the Commission should provide a report to Member States on possible loopholes in the chapters on financial services and establishment in EU trade agreements with third countries already in force, in particular the definition of investment and establishment, scope and time limits of prudential carve outs, the existence or non-existence of ceilings for money transfer between parties of the trade agreements, currencies allowed for this transfer, confirmation of bank secret and the existence of provisions on data exchange.
Amendment 14 #
Proposal for a directive Recital 10 c (new) (10c) The chapters on financial services and establishment in future trade agreements should contain narrow definitions of investment, so as to exclude products which have a high potential to carry undeclared money; provide for the establishment of public ultimate beneficial ownership registers of companies, trusts and similar legal arrangements created, administered or operated in the territories the trade agreement comprises; include arrangements on cooperation in the control of financial flows and lifting the bank secret, in accordance with data protection rules and open data standards; enlarge scope and time limits for prudential carve-outs beyond "imbalance of payments necessities", and replace "best endeavour" commitments by compulsory provisions.
Amendment 15 #
Proposal for a directive Recital 37 a (new) (37a) Where trade agreements with developing countries exist or are under negotiation, sufficient funds must be earmarked, as part of the agreement, for the creation of technical, human and institutional capacity to carry out the above mentioned requirements. Annual reports on implementation of the trade agreement the Union has concluded with third countries should have a special section on financial services and establishment and contain verifiable information on compliance with the requirements mentioned above.
Amendment 16 #
Proposal for a directive Recital 37 a (new) (37a) Key transparency standards should be binding and guide the negotiation and renegotiation of Union trade agreements and partnerships. Trade partners should lose the benefits granted by trade agreements with the Union where they fail to respect relevant international standards, such as the Common Reporting Standard of the OECD, the Action Plan on Base Erosion and Profit Shifting of the OECD, the central register of beneficial ownership and FATF recommendations. In the framework of the implementation of the OECD BEPS, it is essential to fully apply the country by country reporting system for multinational enterprises.
Amendment 17 #
Proposal for a directive Recital 37 a (new) (37a) To ensure anti-money laundering and counter terrorist financing rules are correctly implemented within third countries, monitoring of governance provisions of financial services should be strengthened in bilateral agreements and partnerships, even when these clauses are not binding.
Amendment 18 #
Proposal for a directive Recital 37 a (new) (37a) In its trade and partnership agreements, the Union should strengthen good governance clauses and clauses on capacity building by providing trade partners technical assistance to develop transparency, anti-money laundering, and anti-corruption legal frameworks and to implement them effectively.
Amendment 19 #
Proposal for a directive Recital 39 Amendment 20 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point e (-1) in Article 2, paragraph 1, point 3 point e is replaced by the following: (e) other persons trading in goods or services to the extent that payments are made or received in cash in an amount of EUR 10 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;"
Amendment 21 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 11 – point c (2a) in Article 11, point c is replaced by the following: (c) in the case of persons trading in goods or services, when carrying out occasional transactions in cash amounting to EUR 10 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;"
Amendment 6 #
Proposal for a directive Citation 1 a (new) - having regard to Protocol (No 1) on the role of National Parliaments in the European Union, annexed to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),
Amendment 7 #
Proposal for a directive Citation 1 b (new) - having regard to Protocol (No 2) on the application of the principles of subsidiarity and proportionality, annexed to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),
Amendment 8 #
Proposal for a directive Recital 5 a (new) (5a) Policies and actions in other relevant areas of Union competence, for instance in international trade and development cooperation, should be utilised, where possible, to complement the work to fight money laundering and terrorist financing through the financial system. Those policies and actions should seek to complement and not undermine other policy goals of the Union.
Amendment 9 #
Proposal for a directive Recital 10 a (new) (10a) In recent trade agreements between the Union and third countries, regulatory cooperation generally outweighs tariff reduction provisions. Therefore, such agreements should properly address concerns about money laundering, tax evasion and terrorist financing, as they largely use a transnational context. Therefore trade agreements should be designed in a way that money laundering and tax evasion both in third countries by European nationals or entities or by foreigners in the Member States are avoided. Trade Sustainability Impact Assessments (TSIAs), which precede and feed into the formulation and the adoption of negotiating directives by Member States via the Council, should contain precise information on the performance of the respective third country or countries in this respect, including the implementation of legislation and the availability of resources to perform scrutiny and detect of the mentioned practices.
source: 595.438
2016/12/14
JURI
83 amendments...
Amendment 15 #
Proposal for a directive Recital 1 (1) Directive (EU) 2015/849 of the European Parliament and the Council24 constitutes the main legal instrument in the prevention of the use of the Union's financial system for the purposes of money laundering and terrorist financing. That Directive, which is to be transposed by 26 June 2017, sets out an updated, transparent, efficient and comprehensive legal framework to address the collection of money or property for terrorist purposes by requiring Member States to identify, understand
Amendment 16 #
Proposal for a directive Recital 2 (2) Recent terrorist attacks have brought to light emerging new trends, in particular regarding the way terrorist groups finance and conduct their operations. Certain modern technology services are becoming more and more popular as alternative financial systems and remain outside the scope of Union legislation or benefit from exemptions that may no longer be justified. In order to keep pace with evolving trends, further measures
Amendment 17 #
Proposal for a directive Recital 3 (3) While the aims of Directive (EU) 2015/849 should be pursued, any amendments to that Directive should be consistent with the Union's ongoing action in the field of countering terrorism and terrorism financing
Amendment 18 #
Proposal for a directive Recital 3 (3) While the aims of Directive (EU) 2015/849 should be pursued, any amendments to that Directive should be consistent with the Union’s ongoing action in the field of countering terrorism and terrorism financing. The European Agenda on Security25 indicated the need for measures to address terrorist financing in a more effective and comprehensive manner, highlighting that infiltration of financial markets may allow
Amendment 19 #
Proposal for a directive Recital 5 (5) Union measures must also accurately reflect developments and commitments undertaken at international level. UN Security Council Resolution 2199 (2015) urges States to prevent terrorist groups from gaining access to international financial institutions through adequate means within their competences.
Amendment 20 #
Proposal for a directive Recital 5 (5) Union measures must also accurately reflect developments and commitments undertaken at international level. UN Security Council Resolutions 2199 (2015) and 2253 (2015) urge
Amendment 21 #
Proposal for a directive Recital 6 (6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender)
Amendment 22 #
Proposal for a directive Recital 6 (6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender) as well as custodian wallet providers for virtual currencies are under no obligation to identify suspicious activity. Terrorist groups are thus able to transfer money into the Union's financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms. It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include virtual currency exchange platforms and custodian wallet providers. Competent authorities should be able to monitor the use of virtual currencies. This would provide a balanced and proportional approach,
Amendment 23 #
Proposal for a directive Recital 6 (6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies
Amendment 24 #
Proposal for a directive Recital 7 (7) The credibility of virtual currencies will not rise if they are used for criminal purposes. In this context, anonymity will become more a hindrance than an asset for virtual currencies taking up and their potential benefits to spread. The inclusion of virtual exchange platforms
Amendment 25 #
Proposal for a directive Recital 11 (11) General purpose prepaid cards, which are considered to have a social value, have legitimate uses and constitute an accessible instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist this means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers' needs in using general purpose prepaid instruments for legitimate purposes and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards and suppress the customer due diligence exemption for their online use.
Amendment 26 #
Proposal for a directive Recital 11 (11) General purpose prepaid cards have legitimate uses and constitute an instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist this means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers’ needs in using general purpose prepaid instruments and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards
Amendment 27 #
Proposal for a directive Recital 13 (13) F
Amendment 28 #
Proposal for a directive Recital 13 a (new) (13a) Whereas the creation of a European FIU assisting and supporting Member States’ FIUs in their tasks would be an efficient and cost-effective means to ensure reception, analysis and dissemination of money laundering and terrorist financing reports in the Internal Market.
Amendment 29 #
Proposal for a directive Recital 14 (14) FIUs should be able to obtain from any obliged entity all the necessary information relating to their functions. Unfettered access to information is essential to ensure that flows of money can be properly traced and illicit networks and flows detected at an early stage. When FIUs need to obtain additional information from obliged entities based on a suspicion of money laundering, such suspicion may be triggered by a prior suspicious transaction report reported to the FIU, but also through other means such as FIU's own analysis, intelligence provided by competent authorities or information held by another FIU. FIUs should therefore be able to obtain
Amendment 30 #
Proposal for a directive Recital 15 (15) Delayed access to information by FIUs and other competent authorities on the identity of holders of bank and payment accounts and safe deposit boxes, especially anonymous ones, hampers the detection of transfers of funds relating to terrorism. National data allowing the identification of bank and payments accounts and safe deposit boxes belonging to one person is fragmented and therefore not accessible to FIUs and other competent authorities in a timely manner. It is therefore essential to establish centralised automated mechanisms, such as a register or data retrieval system in all Member States as an efficient means to get timely access to information on the identity of holders of bank and payment accounts and safe deposit boxes, their proxy holders, and their beneficial owners.
Amendment 31 #
Proposal for a directive Recital 16 (16) In order to respect privacy and protect personal data, such registries should store the minimum data necessary to the performance of AML investigations or the financing of terrorism. The concerned data subjects should be informed that their data are recorded and accessible by FIUs and should be given a contact point for exercising their rights of access and rectification. When transposing these provisions, Member States should set out maximum retention periods (supported by adequate reasoning as to their duration) for the registration of personal data in registries and provide for their destruction once the information is no longer needed
Amendment 32 #
Proposal for a directive Recital 16 (16) In order to respect privacy and protect personal data, such registries should store the minimum data necessary to the performance of AML investigations. The concerned data subjects should be informed that their data are recorded and accessible by FIUs and should be given a contact point for exercising their rights of access and rectification. When transposing these provisions, Member States should set out maximum retention periods (supported by adequate reasoning as to their duration) for the registration of personal data in registries and provide for their destruction once the information is no longer needed for the stated purpose. Access to the registries and databases should be limited on a need to know basis following a risk assessment.
Amendment 33 #
Proposal for a directive Recital 17 a (new) (17a) The European Union Agency for Network and Information Security (ENISA) is the EU’s centre of network and information security expertise, and ENISA should be empowered to exchange information with law enforcement authorities without impediment in order to enable cyber security cooperation, which plays an important role in fighting against the financing of criminal activities, including terrorism.
Amendment 34 #
Proposal for a directive Recital 17 b (new) (17b) The European Banking Authority (EBA) should be called upon to update its transparency exercise to face today’s challenges in order to better prevent the use of financial systems for the purpose of money laundering or terrorist financing.
Amendment 35 #
Proposal for a directive Recital 18 (18) The beneficial ownership threshold set out in Article 3(6)(a) of Directive (EU)
Amendment 36 #
Proposal for a directive Recital 21 (21) The specific factor determining the Member State responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified. In order to avoid that, due to differences in the legal systems of Member States, certain trusts are not monitored or registered anywhere in the Union, all trusts and similar legal arrangements should be registered where they are established and where they are administered. In order to ensure the effective monitoring and registration of information on the beneficial ownership of trusts, cooperation among Member States is also necessary.
Amendment 37 #
Proposal for a directive Recital 21 (21) The specific factor determining the Member State responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified. In order to avoid that, due to differences in the legal systems of Member States, certain trusts are not monitored or registered anywhere in the Union, all trusts and similar legal arrangements should be registered where they are set up, administered or managed. In order to ensure the effective monitoring and registration of information on the beneficial ownership of trusts, cooperation among Member States is also necessary.
Amendment 38 #
Proposal for a directive Recital 22 (22) Public access by way of compulsory disclosure of certain information on the beneficial ownership of companies provides additional guarantees to third parties wishing to do business with those companies. Certain Member States have taken steps or announced their intention to make information contained in registers of beneficial ownership available
Amendment 39 #
Proposal for a directive Recital 22 (22) Public access by way of compulsory disclosure of certain information on the beneficial ownership of companies provides additional guarantees to third parties wishing to do business with those companies. Certain Member States have taken steps or announced their intention to make information contained in registers of beneficial ownership available to the public. The fact that not all Member States would make information publicly available or differences in the information made available and its accessibility may lead to different levels of protection of third parties in the Union. In a well- functioning internal market, there is a need for a coordinat
Amendment 40 #
Proposal for a directive Recital 35 (35) In order to ensure proportionality, the beneficial ownership information in respect of any other trusts than those which consist of any property held by, or on behalf of, a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in the course of that business with a view to gain profit should only be available to parties holding a legitimate interest. The legitimate interest with respect to money laundering, terrorist financing and the associated predicate offences should be justified by readily available means, such as statutes or mission statement of non-governmental organisations, or on the basis of demonstrated previous activities relevant to the fight against money laundering and terrorist financing or associated predicate offences, or a proven track record of surveys or actions in that field. A legitimate interest could be envisaged where the beneficial owner or the trustee has a public function or has had a public function in the last five years.
Amendment 41 #
Proposal for a directive Recital 35 (35) In order to ensure legitimacy and proportionality, the beneficial ownership information in
Amendment 42 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/849 Article 2 – paragraph 1 – point 3 – point h a (new) (ha) issuers, administrators, intermediaries and distributors of virtual currencies;
Amendment 43 #
Proposal for a directive Article 1 – paragraph 1 – point 1 (hb) administrators and providers of online payment system services.
Amendment 44 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point -a (new) Directive (EU) 2015/849 Article 3 – paragraph 1 – point 4 – point f a (new) (-a) in point (4), the following point is added: “(fa) offences relating to direct taxes and indirect taxes as defined in the national law of the Member States, taking into account Article 57 of this Directive.”
Amendment 45 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive (EU) 2015/849 Article 3 – paragraph 1 – point 6 – point a – point i – subparagraph 2 a Amendment 46 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a a (new) Directive (EU) 2015/849 Article 3 – paragraph 1 – point 6 – point a – point ii (aa) in point (6) (a), point (ii) is replaced by the following: “(ii) if, after having exhausted all possible means
Amendment 47 #
“(18) ‘virtual currencies’ means a digital representation of value that is neither issued by a central bank or a public authority, nor
Amendment 48 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive (EU) 2015/849 Article 7 – paragraph 2 – subparagraph 1 a (new) Amendment 49 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive (EU) 2015/849 Article 9 – paragraph 2 – point c a (new) (2b) in Article 9(2), the following point is added: “(ca) the existence of robust systems to ensure that information on beneficial ownership is available to competent authorities of the third country without impediment”.
Amendment 50 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive (EU) 2015/849 Article 9 – paragraph 2 – point c b (new) (2c) in article 9(2), the following point is added: “(cb) the existence of a proper sanctions regime in case of breach of law”.
Amendment 51 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive (EU) 2015/849 Article 10 – paragraph 1 (2d) in Article 10, paragraph 1 is replaced by the following: “1. Member States shall prohibit their credit institutions and financial institutions from keeping anonymous accounts
Amendment 52 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive (EU) 2015/849 Article 12 – paragraph 2 “2. Member States shall ensure that the derogation provided for in paragraph 1 is not applicable in the case
Amendment 53 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive (EU) 2015/849 Article 12 – paragraph 3 (3) "3 Member States shall ensure that Union credit institutions and financial institutions acting as acquirers only accept payments carried out with prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in points (a), (b), (c) of the first subparagraph of Article 13(1) and Article 14, or can be considered to meet the requirements in paragraphs 1 and 2 of this Article. As a precautionary measure, the sending of prepaid cards by post or courier outside the jurisdiction of the EU Member States must immediately be reported to, and recorded by, the competent persons.";
Amendment 54 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive (EU) 2015/849 Article 12 – paragraph 3 3. Member States shall ensure that Union credit institutions and financial institutions acting as acquirers only accept payments carried out with prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in points (a), (b), (c) of the first subparagraph of Article 13(1) and Article 14, or can be considered to meet the requirements in paragraphs 1 and 2 of this Article.
Amendment 55 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive (EU) 2015/849 Article 13 – paragraph 1 – subparagraph 1 – point a a (new) (4a) in Article 13(1), the following point is added: “(aa) screening the customer’s and beneficial owner’s names against the EU, UN and other relevant sanctions lists;”
Amendment 56 #
Proposal for a directive Article 1 – paragraph 1 – point 4 b (new) Directive (EU) 2015/849 (4b) the following Article is inserted: “Article 13a By January 2018, the Commission shall set up a publicly accessible platform that interconnects UN, EU, Member States, and other relevant lists of persons, groups, and entities subject to sanctions”.
Amendment 57 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/849 Article 14 – paragraph 5 (5) "5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU."; Member States shall request the obliged entity to contact the customer with a view to reviewing any information related to the beneficial owner(s) at the latest by ... [one year from the date of entry into force of this amending directive].
Amendment 58 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/849 Article 14 – paragraph 5 “5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU. Member States shall require that obliged entities contact the customer for the purpose of reviewing any information related to the beneficial owner(s) not later than... [one year after the date of entry into force of this Directive]”;
Amendment 59 #
"In the cases referred to in Articles 19 to 24, as well as in other cases of
Amendment 60 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/849 Article 18a – paragraph 1 – point a (a) obtaining additional information on the customer and on the beneficial owner;
Amendment 61 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/849 Article 18a – paragraph 1 – point c (c) obtaining information on the source of funds or source of wealth of the customer and of the beneficial owner;
Amendment 62 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive (EU) 2015/849 Article 26 – paragraph 2 (7a) Article 26(2)is replaced by the following: “2. Member States shall prohibit obliged entities from relying on third parties established in high-risk third countries
Amendment 63 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a (new) Directive (EU) 2015/849 Article 30 – paragraph 1 – subparagraph 2 a (new) (-a) in paragraph 1, the following subparagraph is added: “Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person”.
Amendment 64 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a a (new) Directive (EU) 2015/849 Article 30 – paragraph 5 a (new) (aa) the following paragraph is inserted: “5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.”
Amendment 65 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a a (new) Directive (EU) 2015/849 Article 30 – paragraph 5 a (new) (aa) the following paragraph is inserted: “5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, and subject to online registration. Member States may introduce a fee to cover the administrative costs”.
Amendment 66 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b Directive (EU) 2015/849 Article 30 – paragraph 6 – subparagraph 1 "6. The central register referred to in paragraph 3 shall ensure, with a view to guaranteeing efficiency, timely and unrestricted access by competent authorities and FIUs to all information held in the central register without any restriction and without alerting the entity concerned. It shall also allow timely and unrestricted access by obliged entities when taking customer due diligence measures in accordance with Chapter II.
Amendment 67 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b Directive (EU) 2015/849 Article 30 – paragraph 6 – subparagraph 2 Competent authorities granted access to the central register referred to in paragraph 3 shall be those public authorities with designated responsibilities for combating money laundering or terrorist financing, including tax authorities, supervisory authorities and authorities that have the function of investigating or prosecuting money laundering, associated predicate offences and terrorist financing, tracing and seizing or freezing and confiscating criminal assets."
Amendment 68 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b a (new) Directive (EU) 2015/849 Article 30 – paragraph 8 – subparagraph 1 a (new) Amendment 69 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive (EU) 2015/849 Article 30 – paragraph 9 – subparagraph 1 Amendment 70 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive (EU) 2015/849 Article 30 – paragraph 10 – subparagraph 3 Member States shall cooperate among themselves and with the Commission in order to implement the different types of access in accordance with paragraph 5 and taking into account the latest international standards applicable.";
Amendment 71 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive (EU) 2015/849 Article 31 – paragraph 1 – subparagraph 1 Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand, waqf or fideicomiso, and all existing or future legal arrangements, which are similar in terms of structure or function.
Amendment 72 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive (EU) 2015/849 Article 31 – paragraph 1 – subparagraph 1 "1. Member States shall ensure that this Article applies to trusts and other types of legal instrument or legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand or fideicomiso.
Amendment 73 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive (EU) 2015/849 Article 31 – paragraph 1 – subparagraph 2 – introductory part Each Member State shall require that trustees of any express trust created, administered or operated in that Member State under the law of a Member State or of a third country obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall include the identity of:
Amendment 74 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point b Directive (EU) 2015/849 Article 31 – paragraph 3 a “3a. The information referred to in paragraph 1 shall be held in a central register set up by the Member State where the trust is created, administered or operated”;
Amendment 75 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point b Directive (EU) 2015/849 Article 31 – paragraph 3 a (3a) "3a. The information referred to in paragraph 1 shall be held in
Amendment 76 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point c Directive (EU) 2015/849 Article 31 – paragraph 4 – subparagraph 2 Competent authorities granted access to the central register referred to in paragraph 3a shall be those public authorities with designated responsibilities for combating money laundering or terrorist financing, including, tax authorities, supervisory authorities and authorities that have the function of investigating or prosecuting money laundering, associated predicate offences and terrorist financing and seizing or freezing and confiscating criminal assets.";
Amendment 77 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point c Directive (EU) 2015/849 Article 31 – paragraph 4 – subparagraph 2 Competent authorities granted access to the central register referred to in paragraph 3a shall be those public authorities with designated responsibilities for combating money laundering or terrorist financing, including, tax authorities, supervisors and authorities that have the function of investigating or prosecuting money laundering, associated predicate offences and terrorist financing and seizing or freezing and confiscating criminal assets.;
Amendment 78 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive (EU) 2015/849 Article 31 – paragraph 4 a – subparagraph 1 The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be publicly accessible
Amendment 79 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive (EU) 2015/849 Article 31 – paragraph 4 a – subparagraph 2 The information publicly accessible
Amendment 80 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive (EU) 2015/849 Article 31 – paragraph 4 a – subparagraph 2 a (new) For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Article 2(7) of Directive 2003/98/EC, and subject to online registration.
Amendment 81 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive (EU) 2015/849 Article 31 – paragraph 4 b (4b) Whenever entering into a new customer relationship with a trust or other type of legal instrument or legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a, the obliged entities shall collect proof of registration whenever applicable.";
Amendment 82 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive (EU) 2015/849 Article 31 – paragraph 7 a – subparagraph 1 Amendment 83 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive (EU) 2015/849 Article 31 – paragraph 7 a – subparagraph 1 Amendment 84 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive (EU) 2015/849 Article 32 – paragraph 3 – subparagraph 1 – fourth sentence “It shall be able to request, obtain and use additional information from any obliged entity”;
Amendment 85 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive (EU) 2015/849 Article 32 a – paragraph 1 1. Member States shall put in place automated centralised mechanisms, such as central registries 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 as defined in Directive 2007/64/EC and bank accounts and safe deposit boxes held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.
Amendment 86 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive (EU) 2015/849 Article 32 a – paragraph 1 1. Member States shall put in place automated centralised mechanisms, such as central registries 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 as defined in Directive 2007/64/EC a
Amendment 87 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive (EU) 2015/849 Article 32 a – paragraph 3 – indent 3 a (new) - for the safe deposit boxes: the name of the renter and the duration of the lease.
Amendment 88 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive (EU) 2015/849 Article 32 a – paragraph 3 a (new) 3a. Member States may introduce exemptions from the obligations referred to in paragraphs 1 to 3 regarding passive bank accounts. For the purpose of this paragraph, ‘passive bank account’ means a bank account with a balance of no more than EUR 5000 to and from which no payments, excluding interest payments and other normal service fees charged by the service provider, have been made during the past 36 months.
Amendment 89 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive (EU) 2015/849 Article 32 b (new) Amendment 90 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive (EU) 2015/849 Article 32 b (new) (12a) the following Article 32b is inserted: Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling land and buildings within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. Automated centralised mechanisms shall be established and held by a public authority or agency, or by entities delegated with public authority powers which offer guarantees of adequate training, impartiality and independence and which are subject to monitoring by the authorities of the Member State concerned, also with regard to security and confidentiality in the processing of personal data. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1) (a) or a unique identification number; – for the beneficial owner of the real property: the name of the beneficial owner, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; – for the real property: date and cause of ownership acquisition, mortgage and rights other than ownership; – for the land: location, parcel number, land category (current state of land), parcel area (area of land); – for the building: location, parcel number, building number, type, structure, floor area. 4. Member States shall cooperate among themselves and with the Commission in order to establish, by 1 January 2018, a European real property register in accordance with paragraph 1.
Amendment 91 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive (EU) 2015/849 Article 47 – paragraph 1 “1. Member States shall ensure that providers of exchanging services between virtual currencies and fiat currencies, custodian wallet providers, currency exchange and cheque cashing offices, issuers, administrators, intermediaries and distributors of virtual currencies, administrators and providers of systems for online payments, and trust or company service providers are licensed or registered, and that providers of gambling services are regulated”;
Amendment 92 #
Proposal for a directive Article 1 – paragraph 1 – point 18 Directive (EU) 2015/849 Article 50a – paragraph 1 – introductory part Member States shall
Amendment 93 #
Proposal for a directive Article 1 – paragraph 1 – point 18 a (new) Directive (EU) 2015/849 Article 51 a (new) (18a) the following Article is inserted: “Article 51a By June 2017, the Commission shall present a legislative proposal to create a European FIU that is to coordinate, assist and support Member States FIUs. This European FIU shall lend support to national FIUs in maintaining and developing the technical infrastructure for ensuring the exchange of information, assist them in joint analysis of cross border cases and produce its own strategic analysis and coordinate the work of Member States FIUs for cross border cases. For this purpose, the national FIUs shall automatically exchange information with this European FIU when investigating a money laundering case. This legislative proposal shall take into account the results of the Commission mapping of the Member States FIUs’ powers and obstacles to cooperation in order to design a well-balanced and tailor-made system of cooperation”.
Amendment 94 #
Proposal for a directive Article 1 – paragraph 1 – point 18 b (new) Directive (EU) 2015/849 Article 51 b (new) (18b) the following Article is inserted: “Article 51b 1. Member States shall ensure that their FIUs are able to cooperate and exchange relevant information with their foreign counterparts. 2. Member States shall ensure that EU FIUs are able to make inquiries on behalf of foreign counterparts where this can be relevant to an analysis of financial transactions. At a minimum, inquiries shall include: - searching its own databases, which would include information related to suspicious transaction reports; - searching other databases to which it may have direct or indirect access, including law enforcement databases, public databases, administrative databases and commercially available databases. Where permitted to do so, FIUs shall also contact other competent authorities and financial institutions in order to obtain relevant information”.
Amendment 95 #
Proposal for a directive Article 1 – paragraph 1 – point 21 a (new) Directive (EU) 2015/849 Article 57 a (new) (21a) in Section 3 of Chapter VI, the following Subsection is inserted: Subsection IV International cooperation Article 57a 1. Member States shall ensure that their competent authorities supervising credit and financial institutions as well as their law enforcement authorities provide the widest possible range of international cooperation with the competent authorities of third countries that constitute counterparts of the national competent authorities. 2. Member States shall ensure that there are effective gateways to facilitate the prompt and constructive exchange directly between counterparts, either spontaneously or upon request, of information relating to money laundering.
Amendment 96 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 3 3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2)
Amendment 97 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2015/849/EU Article 7 b – paragraph 4 source: 595.624
2016/12/19
ECON, LIBE
418 amendments...
Amendment 100 #
Proposal for a directive Recital 26 (26) A fair balance should be sought in particular between the general public interest in corporate transparency and in the prevention of money laundering and the data subjects' fundamental rights. The set of data to be made available to the public shall be determined by Member States themselves and should be limited, clearly and exhaustively defined, and should be of a general nature, so as to minimize the potential prejudice to the beneficial owners.
Amendment 101 #
Proposal for a directive Recital 28 (28)
Amendment 102 #
Proposal for a directive Recital 28 (28) The
Amendment 103 #
Proposal for a directive Recital 28 (28) The personal data of beneficial owners of companies should be publicly disclosed in order to enable third parties and civil society at large to know who the beneficial owners are. The enhanced public scrutiny will contribute preventing the misuse of legal entities
Amendment 104 #
Proposal for a directive Recital 31 (31) As a consequence, natural persons whose personal data are held in the
Amendment 105 #
Proposal for a directive Recital 33 (33) Currently
Amendment 106 #
Proposal for a directive Recital 33 (33) Currently, companies and similar legal entities active in the Union are under an obligation to register their beneficial ownership information, whereas the same obligation does not apply to all trusts and other legal arrangements which present similar characteristics
Amendment 107 #
Proposal for a directive Recital 33 (33) Currently, companies and similar legal entities active in the Union are under an obligation to register their beneficial ownership information, whereas the same obligation does not apply to all trusts and other legal arrangements which present similar characteristics such as Treuhand, fiducies or fideicomiso set up in the Union. With a view to ensure that the beneficial owners of all legal entities and legal arrangements operating in the Union are properly identified and monitored under a coherent and equivalent set of conditions, rules regarding the registration of the beneficial ownership information of trusts
Amendment 108 #
Proposal for a directive Recital 34 Amendment 109 #
Proposal for a directive Recital 34 (34) It is essential to take into account the particularities of trusts and similar legal arrangements, as far as publicly available information on their beneficial owner is concerned.
Amendment 110 #
Proposal for a directive Recital 34 (34)
Amendment 111 #
Proposal for a directive Recital 34 (34) It is essential to take into account the particularities of trusts and similar legal arrangements, as far as publicly available information on their beneficial owner is concerned. Irrespective of their qualification under national law, a distinction should be drawn between, on the one hand, trusts
Amendment 112 #
Proposal for a directive Recital 35 Amendment 113 #
Proposal for a directive Recital 35 Amendment 114 #
Proposal for a directive Recital 35 Amendment 115 #
Proposal for a directive Recital 35 Amendment 116 #
Proposal for a directive Recital 35 (35) In order to ensure proportionality,
Amendment 117 #
Proposal for a directive Recital 36 (36) With a view to ensure a coherent and efficient registration and information exchange, Member States should ensure that their authority
Amendment 118 #
Proposal for a directive Recital 36 (36) With a view to ensure a coherent and efficient registration and information exchange, Member States should ensure that their authority in charge of the register set up for the beneficial ownership information of trusts and other legal arrangements similar to trusts cooperates with its counterparts in other Member States, sharing information concerning trusts
Amendment 119 #
Proposal for a directive Recital 37 a (new) (37a) Regardless of their nature or status, competent authorities supervising credit and financial institutions for compliance with this Directive should be able to cooperate and exchange confidential information in this context. For this reason, an adequate legal basis is needed to allow such competent authorities to exchange confidential information and cooperate to the widest extent possible. In addition, prudential information gathered via the supervision of credit and financial institutions will often prove indispensable for an adequate AML/CFT supervision of such institutions and vice-versa. Therefore, exchange of confidential information and cooperation between AML/CFT competent authorities of credit and financial institutions and prudential supervisors should not be hampered by legal uncertainty which may follow from a lack of explicit provisions in this field.
Amendment 120 #
Proposal for a directive Recital 37 a (new) (37a) Existing data included in the Eurostat special report on Anti-money laundering show that the number of suspicious transaction reports submitted varies significantly across Member States and obliged entities. Data collection needs to be improved with the objective of extending data coverage and enable the information are updated. Member States shall submit to Eurostat statistics on AML to allow the European Statistical office to publish every two years a report summarising and explaining these statistics.
Amendment 121 #
Proposal for a directive Recital 37 a (new) (37a) To improve the fight against money laundering and terrorist financing, obliged entities should effectively apply risk based approach to better allocate limited resources. The rules should not be too descriptive to avoid the risk of a tick- the-box approach.
Amendment 122 #
Proposal for a directive Recital 37 b (new) (37b) A relatively large number of Suspicious Transactions Reports are submitted by credit institutions whereas very few of almost no Suspicious Transactions Reports are submitted by certain other obliged entities, in particular the different types of professional advisers, lawyers and trusts.
Amendment 123 #
Proposal for a directive Recital 41 (41) Given the need to urgently implement measures adopted with a view to strengthen the Union's regime set in place for the prevention of money laundering and terrorism financing, and seeing the commitments undertaken by Member States to quickly proceed with the transposition of Directive (EU) 2015/849, this Directive should be transposed by 1 January 2017.
Amendment 124 #
Proposal for a directive Recital 41 (41) Given the need to urgently implement measures adopted with a view to strengthen the Union's regime set in place for the prevention of money laundering and terrorism financing, and
Amendment 125 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point a (-1) in point (3) of Article 2(1), point (a) is replaced by the following: (a) auditors
Amendment 126 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point a Amendment 127 #
Proposal for a directive Article 1 – paragraph 1 – point -1 a (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point b – point iii a (new) Amendment 128 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point b – point v a (new) (-1) in point (b) of point (3) of Article 2(1), the following point (va) is added: (va ) tax planning;
Amendment 129 #
Proposal for a directive Article 1 – paragraph 1 – point -1 a (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point b – point v a (new) (-1a) in point (b) of Article 2(1)(3), the following point is inserted: (va) tax planning and advice;
Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point e (-1) in point (3) of Article 2(1), point (e) is replaced by the following: ‘(e) other persons trading in goods to the extent that payments are made or received in cash in an amount of EUR 10 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;'
Amendment 131 #
Proposal for a directive Article 1 – paragraph 1 – point -1 b (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point c a (new) Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point -1 b (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point c a (new) (-1b) In point (3) of Article 2(1), the following point is inserted: (ca) taxation and accountancy service providers not covered under point (a) or (b);
Amendment 133 #
Proposal for a directive Article 1 – paragraph 1 – point -1 c (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point d (
Amendment 134 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point g (g) providers engaged primarily and professionally in exchange services between
Amendment 135 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point h Amendment 136 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point h a (new) (1a) In point (3) of Article 2(1), the following point is inserted: (ha) issuers, administrators, intermediaries and distributors of virtual currencies,
Amendment 137 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point h a (new) (1a) In point (3) of Article 2(1), the following point is inserted: (ha) art galleries and auction houses.
Amendment 138 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point h a (new) (1a) In point (3) of Article 2(1), the following point is inserted: (ha) natural or legal persons trading in works of art, art gallerists, auction houses and platforms for storing, servicing and trading in works of art and other valuables ("freeports");
Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 – point 1 b (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point h b (new) Amendment 140 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2015/849/EU Article 2 – paragraph 4 (1a) in Article 2, paragraph 4 is replaced by the following: "4. For the purposes of point (a) of paragraph 3, Member States shall require that the total turnover of the financial activity does not exceed a threshold, which must be sufficiently low. That threshold shall be established at national level, depending on the type of financial activity.
Amendment 141 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point -a (new) Directive 2015/849/EU Article 3 – point 4 – point f Amendment 142 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point -a (new) Directive 2015/849/EU Article 3 – point 4 – point f Amendment 143 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point -a (new) Directive 2015/849/EU Article 3 – point 4 – point f Amendment 144 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point -a a (new) Directive 2015/849/EU Article 3 – point 4 – point f a (new) (-aa) in point (4), the following point is added: "(fa) offences relating to direct taxes and indirect taxes as defined in the national law of the Member States, taking into account Article 57 of this Directive."
Amendment 145 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point -a a (new) Directive 2015/849/EU Article 3 – point 4 – point f a (new) Amendment 146 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point -a b (new) Directive 2015/849/EU Article 3 – point 6 – point a – point i Amendment 147 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point -a (new) Directive 2015/849/EU Article 3 – paragraph 6 – point a – point i (-a) in point (6)(a)(i), the second subparagraph is replaced by the following: ‘(i) the natural person(s) who ultimately owns or controls a legal entity through direct or indirect ownership of a sufficient percentage of the shares or voting rights or ownership interest in that entity, including through bearer shareholdings, or through control via other means, other than a company listed on a regulated market that is subject to disclosure requirements consistent with Union law or subject to equivalent international standards which ensure adequate transparency of ownership information. A shareholding of
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point -a b (new) Directive 2015/849/EU Article 3 – point 6 – point a – point i – second subparagraph (-ab) in point (6)(a)(i), second subparagraph is replaced by the following: "A shareholding of
Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 2015/849/EU Article 3 – paragraph 6 – point a – point i – subparagraph 2 a (new) Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 2015/849/EU Article 3 – point 6 – point a – point i Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 2015/849/EU Article 3 – point 6 – point a – point i Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 2015/849/EU Article 3 – point 6 – point a – point i Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 2015/849/EU Article 3 – point 6 – point a – point i (a) in point (6)(a)(i),
Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 2015/849/EU Article 3 – point 6 – point a – point i – subparagraph 2 a (new) For the purposes of Article 13(1)(b) and Article 30 of this Directive, the indication of ownership or control set out in the second subparagraph is reduced to 10%
Amendment 155 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a a (new) Directive 2015/849/EU Article 3 – point 6 – point a – point i a (new) (aa) in point (6)(a), the following point is inserted: (ia) senior managers, nominee directors, administrators and other proxies or agents shall never be identified as beneficial owners;
Amendment 156 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a a (new) Directive 2015/849/EU Article 3 – paragraph 6 – point a – point ii Amendment 157 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a a (new) Directive 2015/849/EU Article 3 – paragraph 6 a – point ii Amendment 158 #
Proposal for a directive Article 1 – paragraph 1 – point a a (new) Directive 2015/849/EU Article 3 – point 6 – point a – point ii Amendment 159 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a a (new) Directive 2015/849/EU Article 3 – point 6 – point a – point ii (aa) in point (6) (a), point (ii) is replaced by the following: ""(ii) if, after having exhausted all possible means
Amendment 160 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a b (new) Directive 2015/849 Article 3 – paragraph 6 a – point ii a (new) Amendment 161 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a a (new) Directive 2015/849/EU Article 3 – point 6 – point b – introductory part Amendment 162 #
Proposal for a directive Article 1 – paragraph 1 – point a b (new) Directive 2015/849/EU Article 3 – point 6 – point b (ab) in point (6), point (b) is replaced by the following "(b) in the case of trusts: (i) the settlor(s); (ii) the trustee(s); (iii) the protector(s), if any;
Amendment 163 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a c (new) Directive 2015/849/EU Article 3 – paragraph 1 – point 6 – point b (ac) in point (6), point (b) is replaced by the following: "(b) in the case of trusts: (i) the settlor (s); (ii) the trustee (s); (iii) the protector (s), if any; (iv) the beneficiaries, or where the individuals benefiting from the legal arrangement or entity have yet to be determined, the class of persons in whose
Amendment 164 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a e (new) Directive 2015/849/EU Article 3 – point 9 – introductory part Amendment 165 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a c (new) Directive 2015/849/EU Article 3 – point 9 – point f (ac) in point (9), point (f) is replaced by the following: "(f) ambassadors, chargés d'affaires and high-ranking officers in the armed forces
Amendment 166 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a d (new) Directive 2015/849/EU Article 3 – point 9 – point g (ad) in point (9), point (g) is replaced by the following: (g) members of the administrative, management or supervisory bodies of
Amendment 167 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a f (new) Directive 2015/849/EU Article 3 – point 9 – point h a (new) (af) in point (9), the following point is added: "(ha) members of public administration, who are in charge of awarding public procurement contracts exceeding the thresholds referred to in Article 4 of Directive 2014/24/EU."
Amendment 168 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a d (new) Directive 2015/849/EU Article 3 – point 9 – subparagraph 2 (ad) in point (9), subparagraph 2 is replaced by the following: "No public function referred to in points (a) to (h) shall be understood as covering middle-ranking or more junior officials.
Amendment 169 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a a (new) Directive 2015/849/EU Article 3 – point 10 – point c (aa) in point 10, point (c) is replaced by the following: "(c) the parents and siblings of a politically exposed person;"
Amendment 170 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c Directive 2015/849/EU Article 3 – point 18 Amendment 171 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c Directive 2015/849/EU Article 3 – point 18 (18)
Amendment 172 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c Directive 2015/849/EU Article 3 – point 18 (18) 'virtual currencies' means a digital representation of value that is neither issued by a central bank or a public authority, nor
Amendment 173 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 5 a (new) (2a) The following Article 5a is inserted: Article 5a Member States shall ensure that, in addition to obliged entities as laid down in this Directive, national authorities perform customer due diligence measures as described in Article 13, 18a, 19 and 20 with regards to third country nationals who apply for residence rights or citizenship in the Member State under national laws which grant residence rights and/or citizenship to third country nationals in exchange of capital transfers, purchase of property or government bonds, or investment in corporate entities in that Member State.
Amendment 174 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 6 – paragraph 1 – subparagraph 1 (2a) in Article 6(1), subparagraph 1is replaced by the following: The Commission shall conduct an
Amendment 175 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2015/849/EU Article 6 – paragraph 2 – point b (
Amendment 176 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 2015/849/EU Article 6 – paragraph 2 – point c (2c) in Article 6(2), point (c) is replaced by the following: (c) the most widespread means used by criminals to launder illicit proceeds
Amendment 177 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive 2015/849/EU Article 6 – paragraph 3 (2d) in Article 6, paragraph (3) is replaced by the following: 3. The Commission shall make the report referred to in paragraph 1 available to the Member States and obliged entities in order to assist them to identify, understand, manage and mitigate the risk of money laundering and terrorist financing, and to allow other stakeholders, including national legislators, the European Parliament, the ESAs, and representatives from FIUs to better understand the risks.
Amendment 178 #
Proposal for a directive Article 1 – paragraph 1 – point 2 e (new) Directive 2015/849/EU Article 6 – paragraph 4 (2e) in Article 6, paragraph (4) is replaced by the following: 4. The Commission shall make the recommendations to Member States on the measures suitable for addressing the identified risks. In the event that Member States decide not to apply a
Amendment 179 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 6 – paragraph 4 Amendment 180 #
Proposal for a directive Article 1 – paragraph 1 – point 2 f (new) Directive 2015/849/EU Article 7 – paragraph 4 – point e a (new) Amendment 181 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 7 – paragraph 4 – point e a (new) Amendment 182 #
Proposal for a directive Article 1 – paragraph 1 – point 2 g (new) Directive 2015/849/EU Article 7 – paragraph 5 (2g) in Article 7, paragraph 5 is replaced by the following: 5. Member States shall make the results of their risk assessments available to the Commission, the ESAs and the other Member States
Amendment 183 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 7 – paragraph 5 (2a) in Article 7, paragraph 5 is replaced by the following: "5. Member States shall make the results of their risk assessments available to the Commission, the ESAs and the other Member States.
Amendment 184 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2015/849/EU Article 7 – paragraph 5 Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 2015/849/EU Article 7 – paragraph 5 a (new) (2c) in Article 7, the following paragraph 5a is added: 5a. The ESAs, through the Joint Committee, and the Commission shall make the recommendations to Member States on the measures suitable for addressing the identified risks. In the event that Member States decide not to apply any of the recommendations in their national AML/CFT regimes, they shall notify the ESAs and the Commission thereof and provide a justification of such a decision. If either the justification provided is not deemed satisfactory with the purpose of ensuring a strong AML regimes across the Union or a Member State continues failing to enforce measures to comply with those recommendations, the Commission might additionally recommend that Member States require obliged entities to apply enhanced customer due diligence measures when dealing with natural persons or legal entities operating in a sector or carrying out activities which are identified to be at high risk of money laundering/ terrorism financing.
Amendment 186 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) (2b) in Article 9, paragraph (1) is replaced by the following: "1. Third-country jurisdictions which have strategic deficiencies in their national AML/CFT regimes that pose significant threats to the financial system of the Union ("high-risk third countries"), shall be identified for the security of citizens and in order to protect the proper functioning of the internal market."
Amendment 187 #
Proposal for a directive Article 1 – paragraph 1 – point 2 h (new) Directive 2015/849/EU Article 9 – paragraph 1 (2h) in Article 9, paragraph (1) is replaced by the following: 1. Third-country jurisdictions which have
Amendment 188 #
Proposal for a directive Article 1 – paragraph 1 – point 2 i (new) Directive 2015/849/EU Article 9 – paragraph 2 – introductory part (2i) in Article 9(2), the introductory part is replaced by the following: 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 64 in order to identify high-risk third countries, taking into account
Amendment 189 #
Proposal for a directive Article 1 – paragraph 1 – point 2 j (new) Directive 2015/849/EU Article 9 – paragraph 2 – point a – point i a (new) Amendment 190 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 2015/849/EU Article 9 – paragraph 2 – point a – point iii (2c) in Article 9(2)(a), point (iii) is replaced by the following: (iii) requirements relation
Amendment 191 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive 2015/849/EU Article 9 – paragraph 2 – point a – point iv (2d) in Article9(2)(a), point (iv) is replaced by the following: (iv) requirements to report suspicious transaction
Amendment 192 #
Proposal for a directive Article 1 – paragraph 1 – point 2 e (new) Directive 2015/849/EU Article 9 – paragraph 2 – point a – point iva (new) (2e) in Article 9(2)(a), the following point is added: (iva) requirements to ensure beneficial ownership transparency;
Amendment 193 #
Proposal for a directive Article 1 – paragraph 1 – point 2 k (new) Directive 2015/849/EU Article 9 – paragraph 2 – point b (2k) in Article 9(2), point b is replaced by the following: (b) the powers and procedures of the third country's competent authorities for the purposes of combating money laundering and terrorist financing
Amendment 194 #
Proposal for a directive Article 1 – paragraph 1 – point 2 f (new) Directive 2015/849/EU Article 9 – paragraph 2 – point b (
Amendment 195 #
Proposal for a directive Article 1 – paragraph 1 – point 2 l (new) Directive 2015/849/EU Article 9 – paragraph 2 – point b a (new) Amendment 196 #
Proposal for a directive Article 1 – paragraph 1 – point 2 g (new) Directive 2015/849/EU Article 9 – paragraph 2 – point c (2g) in Article 9(2), point (c) is replaced by the following: (c) the effectiveness of the AML/CFT system in addressing money laundering or terrorist financing risks of the third country
Amendment 197 #
Proposal for a directive Article 1 – paragraph 1 – point 2 h (new) Directive 2015/849/EU Article 9 – paragraph 2 – point c a (new) (2h) in Article 9(2), the following point is inserted: (ca) the existence of proper sanction regime in case of breach of law;
Amendment 198 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 9 – paragraph 2 – point c a (new) (2a) in Article 9(2), the following point is added: (ca) the existence of robust systems to ensure that information on beneficial ownership is available to competent authorities including by means of exchange of information with EU Member States.
Amendment 199 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 9 – paragraph 2 – point c a (new) (2a) In paragraph 2 of Article 9, the following point is added: (ca) measures for the adequate protection of whistle blowers who report information that is relevant to combating money laundering, tax abuses or the financing of terrorism and other illegal activities;
Amendment 200 #
Proposal for a directive Article 1 – paragraph 1 – point 2 i (new) Directive 2015/849/EU Article 9 – paragraph 2 – point c b (new) (2i) in Article 9(2), the following point is added: (cb) measures in place to protect whistleblowers who uncover information related to money laundering activities.
Amendment 201 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 9 – paragraph 2 a (new) (2a) in Article 9, the following paragraph is inserted: 2a. Paragraph 2 (a), (b) and (c) of Article 9 shall be taken into account during the negotiation of any trade, association and partnership agreements by the Commission or any Member State with a third country. The final agreement shall provide provisions for minimum standards and good governance clauses as provided in Annex II of the Communication from the Commission to the European Parliament and the Council on an External Strategy for Effective Taxation in the field of AML/CFT, improved cooperation and effective retaliatory measures if the third country fails to enforce these provisions.;
Amendment 202 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 9 – paragraph 4 Amendment 203 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 10 – paragraph 1 (2a) In Article 10, paragraph 1 is replaced by the following: 1. Member States shall prohibit their credit institutions and financial institutions from keeping anonymous accounts
Amendment 204 #
Proposal for a directive Article 1 – paragraph 1 – point 2 j (new) Directive 2015/849/EU Article 10 – paragraph 1 (2j) In Article 10, paragraph 1 is replaced by the following: "1. Member States shall prohibit their credit institutions and financial institutions from keeping anonymous accounts or anonymous passbooks. Member States shall, in any event, require that the owners and beneficiaries of existing anonymous accounts or anonymous passbooks be subject to customer due diligence measures
Amendment 205 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2015/849/EU Article 11 – point e a (new) (2b) In Article 11 the following point is inserted: (ea) when establishing a business relationship with a supplier or customer involving the trade of designated goods or in the case of a transaction with a supplier or customer being carried out outside an existing business relationship involving the trade of designated goods. The following goods whose trading is considered to be vulnerable to direct or indirect terrorist financing shall be deemed to be designated goods within the meaning of the first paragraph: (i) oil, oil products, modular refineries and related material, arms, nuclear material, precious metals and minerals such as gold, silver, copper and diamonds, (ii) machinery, electronics, tobacco products and pharmaceuticals, including the raw materials needed to manufacture, materials, packaging and containers bearing a designation of origin and certificates of authenticity, (iii) cultural artefacts and other items of archaeological, historical, cultural and religious importance, or rare scientific value, as well as ivory and protected species
Amendment 206 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a – point i Directive 2015/849/EU Article 12 – paragraph 1 – point a (a) the payment instrument is not reloadable, or has a maximum monthly payment transactions limit of EUR
Amendment 207 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a – point i Directive 2015/849/EU Article 12 – paragraph 1 – point a (a) the payment instrument is not reloadable, or has a maximum monthly payment transactions limit of EUR
Amendment 208 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a – point i Directive 2015/849/EU Article 12 – paragraph 1 – point b (b) the maximum amount stored electronically does not exceed EUR
Amendment 209 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a – point i Directive 2015/849/EU Article 12 – paragraph 1 – point b (b) the maximum amount stored electronically does not exceed EUR
Amendment 210 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a – point i a (new) Directive 2015/849/EU Article 12 – paragraph 1 – point e (i a) in the first subparagraph, point (e) is replaced by the following: '(e) the issuer carries out sufficient monitoring and ensures the traceability of the transactions or business relationship to enable the detection of unusual or suspicious transactions.'
Amendment 211 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2015/849/EU Article 12 – paragraph 2 2. Member States shall ensure that the derogation provided for in paragraph 1 is not applicable in the case either of online payment or of redemption in cash or cash withdrawal of the monetary value of the electronic money where the amount redeemed exceeds EUR
Amendment 212 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2015/849/EU Article 12 – paragraph 3 3. Member States shall ensure that Union credit institutions and financial institutions acting as acquirers only accept payments carried out with prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in points (a), (b), (c) of the first subparagraph of Article 13(1) and Article 14, or can be considered to meet the requirements in paragraphs 1 and 2 of this Article
Amendment 213 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2015/849/EU Article 13 – paragraph 1 – point a Amendment 214 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2015/849/EU Article 13 – paragraph 1 – point a Amendment 215 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2015/849/EU Article 13 – paragraph 1 – point a (a) identifying the customer and verifying the customer's identity on the basis of documents, data or information obtained from a reliable and independent source, including, where available, electronic identification means as set out in Regulation (EU) No 910/2014* or any other remote identification processes recognised and approved by the competent authority;
Amendment 216 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2015/849/EU Article 13 – paragraph 1 – point a a (new) (4a) in Article 13(1), the following point is inserted: (aa) screening the customer's and beneficial owner's names against the EU sanction list;
Amendment 217 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2015/849/EU Article 13 – paragraph 6 a (new) (4a) In Article 13, the following paragraph is added: 6a. Member States shall ensure that when customer due diligence measures, as described in this Article, do not allow the identification of the beneficial owner, or where there are reasonable doubts that the person(s) identified are the beneficial owner(s), the business relationship is refused or terminated, and that no transactions are executed.
Amendment 218 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) (4a) The following Article 13a is inserted: Article 13a. By January 2018, the Commission shall set up a publicly accessible platform that interconnects UN, EU and Member State's, lists of persons, groups, and entities subject to sanctions.
Amendment 219 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2015/849/EU Article 13 a (new) (4a) The following Article 13a is inserted: Article 13a The Commission shall set up, within one year after entry into force of this Directive, a publicly accessible platform that interconnects the EU Financial Sanctions Database with any other relevant European and national databases containing information on persons, groups and entities that are subject to sanctions. Member States shall cooperate with the Commission where necessary.
Amendment 220 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2015/849/EU Article 14 – paragraph 5 5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU.
Amendment 221 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2015/849/EU Article 14 – paragraph 5 5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new
Amendment 222 #
Proposal for a directive Article 1 – paragraph 1 – point 5 a (new) Directive 2015/849/EU Article 15 Amendment 223 #
Proposal for a directive Article 1 – paragraph 1 – point 5 b (new) Directive 2015/849/EU Article 16 Amendment 224 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2015/849/EU Article 18 – paragraph 1 In the cases referred to in Articles 1
Amendment 225 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2015/849/EU Article 18 – paragraph 2 (6a) in Article 18, paragraph 2 is replaced by the following: "2. Member States shall require obliged entities to examine
Amendment 226 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 1 – introductory part 1.
Amendment 227 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 1 – introductory part 1. With respect to business relationships or transactions involving high risk third countries, Member States shall require that, when dealing with natural persons or legal entities established in the third countries identified as high-risk third countries pursuant to Article 9 (2), obliged entities shall apply at least all the following enhanced customer due diligence measures:
Amendment 228 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 1 – point a (a) obtaining additional information on the customer and on the beneficial owner;
Amendment 229 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 1 – point a (a) obtaining additional information on the customer and beneficial owner(s);
Amendment 230 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 1 – point c (c) obtaining information on the source of funds or source of wealth of the customer including the type of assets used and the originating bank account;
Amendment 231 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 1 – point c (c) obtaining information on the source
Amendment 232 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 1 – point d (d) obtaining information on the reasons for the intended or performed transactions and the details on the beneficial financial account or receiving party of the transaction, including full name and location;
Amendment 233 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 1 – point g Amendment 234 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 1 – subparagraph 2 (new) In addition to these enhanced CDD measures, obliged entities shall, for all their customers, report to the responsible FIU and competent authorities, including tax authorities, any transactions originating from or destined to high risk third countries.
Amendment 235 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 1 a (new) 1a. In addition to the measures provided in paragraph 1, Member States shall apply the following measures to third countries identified as high-risk third countries pursuant to Article 9(2) in compliance with international obligations of the Union: (a) requiring increased supervisory examination or external audit requirements for branches and subsidiaries of financial institutions based in the country concerned; (b) requiring increased external audit requirements for financial groups with respect to any of their branches and subsidiaries located in the country concerned.
Amendment 236 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 1 a (new) Amendment 237 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 2 2. In addition to the measures provided in paragraph 1 and 1a and in compliance with international obligations of the Union, Member States may require obliged entities, when dealing with natural persons or legal entities established in the third countries identified as high-risk third countries pursuant to Article 9(2) to apply one or several additional mitigating measures:
Amendment 238 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 2 – point c (c)
Amendment 239 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 2 – point c a (new) Amendment 240 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 3 3. In addition to the measures provided in paragraph 1, Member States
Amendment 241 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 3 3. In addition to the measures provided in paragraph 1 and 1a, Member States may apply one of the following measures to third countries identified as high-risk third countries pursuant to Article 9(2) in compliance with international obligations of the Union:
Amendment 242 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 18 a – paragraph 3 3. In addition to the measures provided in paragraph 1, Member States
Amendment 243 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 3 – point e Amendment 244 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 3 – point f Amendment 245 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 18 a – paragraph 3 – point f a (new) (fa) providing, in the event of non- compliance, for effective sanctions, which may extend to suspending the licences needed to carry out activity (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 246 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2015/849/EU Article 18 a – paragraph 5 a (new) 5a. The Commission shall ensure that the measures laid down in this Directive apply fully to all territories with a sovereign status dependent on Member States, including those that enjoy special tax legislation. Should any territories with special legislation fail to comply adequately with the measures laid down, the Commission may decide to include them in the list of high-risk third countries for the purposes of the application of enhanced due diligence measures.
Amendment 247 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2015/849/EU Article 20 – point b – point ii (7a) in article 20(b), point (ii) is replaced by the following: "(ii) take adequate measures to establish the source of wealth and source of funds that are involved in the business relationship or transaction with such
Amendment 248 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2015/849/EU Article 20 – point b – point ii (7a) in Article 20(b), point (ii) is replaced by the following: "(ii) take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or transactions with such persons
Amendment 249 #
Proposal for a directive Article 1 – paragraph 1 – point 7 b (new) Directive 2015/849/EU Article 20 a (new) Amendment 250 #
Proposal for a directive Article 1 – paragraph 1 – point 7 b (new) Directive 2015/849/EU Article 22 (7b) Article 22 is replaced by the following: "Where a politically exposed person is no longer entrusted with a prominent function by a Member State or a third country or with a prominent function by an international organisation, obliged entities shall for at least
Amendment 251 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2015/849/EU Article 26 – paragraph 2 (7a) in Article 26, paragraph (2) is replaced by the following: "2. Member States shall prohibit obliged entities from relying on third parties established in high-risk third countries.
Amendment 252 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2015/849/EU Article 27 – paragraph 2 2. Member States shall ensure that obliged entities to which the customer is referred take adequate steps to ensure that the third party provides, immediately, upon request, relevant copies of identification and verification data
Amendment 253 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2015/849/EU Article 27 – paragraph 2 2. Member States shall ensure that obliged entities to which the customer is referred take adequate steps to ensure that the third party provides immediately, upon request, relevant copies of identification and verification data, including, where available, data obtained through electronic identification means as set out in Regulation (EU) No 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities, and other relevant documentation on the identity of the customer or the beneficial owner
Amendment 254 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2015/849/EU Article 27 – paragraph 2 2. Member States shall ensure that obliged entities to which the customer is referred take adequate steps to ensure that the third party provides immediately, upon request, relevant copies of identification and verification data, including, where available, data obtained through electronic identification means as set out in Regulation (EU) No 910/2014
Amendment 255 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a (new) Directive 2015/849/EU Article 30 – paragraph 1 – subparagraph 1 (-a) Article 30(1) ‘Member States shall ensure that corporate and other legal entities incorporated or operating within their territory are required to obtain and hold adequate, accurate and current information on their beneficial ownership, including the details of the beneficial interests held
Amendment 256 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point –a (new) Directive 2015/849/EU Article 30 – paragraph 1 – subparagraph 1 (-a) in paragraph 1, subparagraph 1 is replaced by the following: ‘1. Member States shall ensure that corporate and other legal entities incorporated within their territory are required to obtain and hold adequate, accurate and current information on the
Amendment 257 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a (new) Directive 2015/849/EU Article 30 – paragraph 1 – subparagraph 2 a (new) (-a) in paragraph 1 the following subparagraph is inserted: Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person.
Amendment 258 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a (new) Directive 2015/849/EU Article 30 – paragraph 1 – subparagraph 2 a (new) (-a) in paragraph 1, the following subparagraph is added: 'Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting.
Amendment 259 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a a (new) Directive 2015/849/EU Article 30 – paragraph 1 – subparagraph 2 b (new) (-aa) in paragraph 1 the following subparagraph is added: Member States shall ensure that, when acting on behalf of another person, the nominee owner(s) or director(s) in corporate and other legal entities are required to maintain information identifying their nominator.
Amendment 260 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a (new) Directive 2015/849/EU Article 30 – paragraph 3 (-a) paragraph 3 is replaced by the following: 3. Member States shall ensure that the information referred to in paragraph 1 is held in a central register in each Member State, for example a commercial register, companies register as referred to in Article 3 of Directive 2009/101/EC of the European Parliament and of the Council (1), or a public register. Member States shall notify to the Commission the characteristics of those national mechanisms.
Amendment 261 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a a (new) Directive 2015/849/EU Article 30 – paragraph 4 (-aa) paragraph 4 is replaced by the following: 4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current. Obliged entities, FIUs and competent authorities shall report any discrepancy they find between the beneficial ownership information held in the central registers and the beneficial ownership information collected as part of their customer due diligence procedures or investigations.
Amendment 262 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a a (new) Directive 2015/849/EU Article 30 – paragraph 4 (-aa) Article 30(4) ‘4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current.
Amendment 263 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a a (new) Directive 2015/849/EU Article 30 – paragraph 4 (-aa) paragraph 4 is replaced by the following: ‘4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current. Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis.’
Amendment 264 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a (new) Directive 2015/849/EU Article 30 – paragraph 4 (-a) paragraph 4 is replaced by the following: ‘4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current.
Amendment 265 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a a (new) Directive 2015/849/EU Article 30 – paragraph 4 (-aa) paragraph 4 is replaced by the following: "4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current.
Amendment 266 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a (new) Directive 2015/849/EU Article 30 – paragraph 4 (9a) Paragraph 4 is replaced by the following: "4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current
Amendment 267 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a (new) Directive 2015/849/EU Article 30 – paragraph 5 – subparagraphs 2 and 3 Amendment 268 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2015/849/EU Article 30 – paragraph 5 – point c (a)
Amendment 269 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a a (new) Directive 2015/849/EU Article 30 – paragraph 5 – subparagraph 2 Amendment 270 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a a (new) Directive 2015/849/EU Article 30 – paragraph 5 – subparagraph 3 Amendment 271 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a a (new) Directive 2015/849/EU Article 30 – paragraph 5 – subparagraph 3 Amendment 272 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a a (new) Directive 2015/849/EU Article 30 – paragraph 5 a (new) (aa) the following paragraph 5a is inserted: 5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purposes of this paragraph, the information on beneficial ownership shall be available in in accordance with data protection rules and in open format, as defined in Directive 2003/98/EC Article 2(7) and subject to online registration. Member States may subject public access to information to online registration and introduce a fee to cover the administrative costs.
Amendment 273 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a a (new) Directive 2015/849/EU Article 30 – paragraph 5 a (new) (aa) the following paragraph 5a is inserted: '5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, and subject to online registration. Member States may introduce a fee to cover the direct administrative costs. The fee should not prevent stakeholders from access to information in the register.'
Amendment 274 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a a (new) Directive 2015/849/EU Article 30 – paragraph 5 a (new) (aa) the following paragraph 5a is inserted: '5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.'
Amendment 275 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a a (new) Directive 2015/849/EU Article 30 – paragraph 5 a (new) (aa) the following paragraph 5a is inserted: 5a. The information held in the register referred to in paragraph 3 of this article on any corporate and legal entities other than those referred to in Article 1a(a) of directive (EC) 2009/101 shall be accessible to public authorities only. For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection laws. Member States shall not introduce a fee to cover the administrative cost. For the purpose of this directive a legitimate interest shall be documented by either (a) statutes or mission statements of non-governmental organizations with a positive track record of actions aimed at money laundering, tax evasion or financial criminal activities including terrorism or (b) a positive track record of previous activities relevant to the fight against money laundering, tax evasion or financial criminal activities including terrorism.
Amendment 276 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a b (new) Directive 2015/849/EU Article 30 – paragraph 5 a (new) Amendment 277 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b Directive 2015/849/EU Article 30 – paragraph 6 – subparagraph 1 The central register referred to in paragraph 3 shall ensure
Amendment 278 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b a (new) Directive 2015/849/EU Article 30 – paragraph 8 (ba) paragraph 8 is replaced by the following: "8. Member States shall require that obliged entities do not rely exclusively on the central register referred to in paragraph 3 to fulfil their customer due diligence requirements in accordance with Chapter II.
Amendment 279 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b a (new) Directive 2015/849/EU Article 30 – paragraph 8 (ba) paragraph 8 is replaced by the following: "8. Member States shall require that obliged entities do not rely exclusively on the central register referred to in paragraph 3 to fulfil their customer due diligence requirements in accordance with Chapter II. Those requirements shall be fulfilled by using a risk-based approach.
Amendment 280 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b a (new) Directive 2015/849/EU Article 30 – paragraph 8 – subparagraph 1 a (new) (ba) in paragraph 8, the following subparagraph is added : "Before entering into a new customer relationship with a corporate or other legal entity subject to the registration of beneficial ownership information, the obliged entities shall collect proof of that registration"
Amendment 281 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2015/849/EU Article 30 – paragraph 9 –subparagraph 1 Amendment 282 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2015/849/EU Article 30 – paragraph 9 – subparagraph 1 In exceptional circumstances and under the conditions to be laid down in national law, where an in-depth and reasoned assessment shows that the access referred to in point (b) and point (c) of paragraph 5
Amendment 283 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2015/849/EU Article 30 – paragraph 9 – subparagraph 1 In exceptional circumstances
Amendment 284 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2015/849/EU Article 30 – paragraph 9 – subparagraph 1 In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 and paragraph 5a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register and legal appeal against the exemption shall always be possible. Member States shall publish annual statistical data on the amount of exemptions granted and reasons stated and report the data to the Commission.
Amendment 285 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2015/849/EU Article 30 – paragraph 9 – subparagraph 1 In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 would expose the beneficial owner to the risk of
Amendment 286 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2015/849/EU Article 30 – paragraph 9 – subparagraph 1 In exceptional circumstances to be laid down in national law, where the access referred to in point (b) and point (c) of paragraph 5 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. When an exemption is granted, this has to be clearly indicated in the register. Exemptions shall be reassessed at regular intervals to avoid abuse. Any legal or natural person may ask for the exemption to be examined by a court.
Amendment 287 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2015/849/EU Article 30 – paragraph 9 – subparagraph 1 In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 and paragraph 5a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial
Amendment 288 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2015/849/EU Article 30 – paragraph 9 – subparagraph 1 In exceptional circumstances to be laid down in national law, where the access referred to in point (b) and (c) of paragraph 5 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis.
Amendment 289 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2015/849/EU Article 30 – paragraph 10 – subparagraph 3 The information referred to in paragraph 1 of this Article shall be available through the national registers and through the system of interconnection of registers for 10 years after the corporate or other legal entity has been struck off from the commercial or company register. Member States shall cooperate among themselves and with the Commission in
Amendment 290 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c a (new) Directive 2015/849/EU Article 30 – paragraph 10 a (new) Amendment 291 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive 2015/849/EU Article 31 – paragraph 1 –subparagraph 1 Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand or fideicomiso. Member States shall define the characteristics to determine where legal arrangements have a structure or functions similar to trusts.
Amendment 292 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive 2015/849/EU Article 31 – paragraph 1 –subparagraph 1 Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia,
Amendment 293 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive 2015/849/EU Article 31 – paragraph 1 – subparagraph 1 Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts
Amendment 294 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive 2015/849/EU Article 31 – paragraph 1– subparagraph 1 Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand, waaf or fideicomiso, and all other similar, in terms of structure or function, existing or future legal arrangements.
Amendment 295 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive 2015/849/EU Article 31 – paragraph 1 – subparagraph 1 Member States shall ensure that this Article applies to trusts, foundations and other types of entity or legal arrangements, whether existing or future, having a similar structure or functions
Amendment 296 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive 2015/849/EU Article 31 – paragraph 1 – subparagraph 1 Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure
Amendment 297 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive 2015/849/EU Article 31 – paragraph 1 – subparagraph 1 Member States shall
Amendment 298 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive 2015/849/EU Article 31 – paragraph 1 – subparagraph 2 – introductory part Each Member State shall require that trustees of any express trust created, administered or operating in that Member State obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall include the identity of:
Amendment 299 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive 2015/849/EU Article 31 – paragraph 1 – subparagraph 2 Each Member State shall require that trustees of any
Amendment 300 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive 2015/849/EU Article 31 – paragraph 1 – subparagraph 2 Each Member State shall require that trustees of any express trust created, administered or operated in that Member State under the law of a Member State or third country obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall
Amendment 301 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a a (new) Directive 2015/849/EU Article 31 – paragraph 1 – subparagraph 2 a (new) (aa) in paragraph 1, the following subparagraph is added: The information will be kept in a central register created by the Member State. The data in registries should be also automatically exchanged with jurisdictions in which beneficiaries of trusts are located. That location is to be identified by both the place of main residence of beneficiaries and by the country which issued their passports.
Amendment 302 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a a (new) Directive 2015/849/EU Article 31 – paragraph 2 Amendment 303 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a a (new) Directive 2015/849/EU Article 31 – paragraph 2 (aa) paragraph 2 is replaced by the following: "2. Member States shall ensure that trustees and other beneficial owners disclose their status and provide the information referred to in paragraph 1 to obliged entities in a timely manner
Amendment 304 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a a (new) Directive 2015/849/EU Article 31 – paragraph 3 (aa) paragraph 3 is replaced by the following: 3. Member States shall require that the information referred to in paragraph 1 can be directly accessed in a timely manner by competent authorities and FIUs. Obliged entities, FIUs and competent authorities shall report any discrepancy they find between the beneficial ownership information held in the central registers and the beneficial ownership information collected as part of their customer due diligence procedures or investigations.
Amendment 305 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a b (new) Directive 2015/849/EU Article 31 – paragraph 3 Amendment 306 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point b Directive 2015/849/EU Article 31 – paragraph 3 a Amendment 307 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point b Directive 2015/849/EU Article 31 – paragraph 3 a 3a. The information referred to in paragraph 1 shall be held in
Amendment 308 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point b Directive 2015/849/EU Article 31 – paragraph 3 a 3a. The information referred to in paragraph 1 shall be held in a central register referred to in Article 30(3) set up by the Member State where the trust is administered;
Amendment 309 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point b Directive 2015/849/EU Article 31 – paragraph 3 a 3a. The information referred to in paragraph 1 shall be held in a central register set up by the Member State where the trust is created, administered or operated;
Amendment 310 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point c Directive 2015/849/EU Article 31 – paragraph 4 4. Member States shall ensure that the information held in the register referred to in paragraph 3a is accessible in a timely and unrestricted manner by competent authorities and FIUs, without alerting the parties to the trust concerned. They
Amendment 311 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraphs 4 a and 4 b Amendment 312 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 a The information
Amendment 313 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 a – subparagraph 1 Amendment 314 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be publicly accessible
Amendment 315 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 a – subparagraph 1 The following parts of the information held in the register referred to in paragraph
Amendment 316 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 a – subparagraph 1 The information held in the register referred to in paragraph 3a of this Article
Amendment 317 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 a – subparagraph 1 The information held in the register
Amendment 318 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 a – subparagraph 1 “4a. The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or organisation
Amendment 319 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 a – subparagraph 1 The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or organisation
Amendment 320 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 a – subparagraph 2 Amendment 321 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Amendment 322 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 a – subparagraph 2 The information accessible to
Amendment 323 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 a – subparagraph 2 The information accessible to persons and organisations
Amendment 324 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 a – subparagraph 2 The information publicly accessible
Amendment 325 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31– paragraph 4 a – subparagraph 2 a (new) For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, and subject to online registration. Member States may introduce a fair and non-discriminatory fee to cover the direct administrative costs. The fee should not prevent stakeholders from access to information in the register.
Amendment 326 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 b 4b. Whenever entering into a new customer relationship with a trust or other legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a, the obliged entities shall collect proof of registration whenever applicable and report to the relevant authorities any discrepancy that they find between the beneficial ownership information held in the central register and the beneficial ownership information collected as part of their customer due diligence procedures.”;
Amendment 327 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive 2015/849/EU Article 31 – paragraph 4 b 4b. Whenever entering into a new customer relationship with a trust or other legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a, the obliged entities shall collect proof of registration
Amendment 328 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d a (new) Directive 2015/849/EU Article 31 – paragraph 5 (da) paragraph 5 is replaced by the following: "5. Member States shall require that the information held in the central register referred to in paragraph
Amendment 329 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d a (new) Directive 2015/849/EU Article 31 – paragraph 5 (da) paragraph 5 is replaced by the following: 5. Member States shall require that the information held in the central register referred to in paragraph 4 is adequate, accurate and up-to-date. Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis.
Amendment 330 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d a (new) Directive 2015/849/EU Article 31 – paragraph 5 (da) paragraph 5 is replaced by the following: "5. Member States shall require that the
Amendment 331 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d a (new) Directive 2015/849/EU Article 31 – paragraph 5 a (new) (da) the following paragraph 5a is inserted: "5a. Trusts that are not registered in the central register should not be allowed to operate (i.e. hold bank accounts, engage in business transactions, hold or purchase assets, be enforceable under domestic laws and courts, etc.) within the territory of the Union. Existing registered trusts that do not update information, should be "inactivated": while their available information will be kept, they will be unable to operate within the territory of the Union as if they were unregistered trusts."
Amendment 332 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d c (new) Directive 2015/849/EU Article 31 – paragraph 6 (dc) paragraph 6 is replaced by the following: "6. Member States shall ensure that obliged entities do not rely exclusively on the central register referred to in paragraph 4 to fulfil their customer due diligence requirements as laid down in Chapter II.
Amendment 333 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive 2015/849/EU Article 31 – paragraph 7 a Amendment 334 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive 2015/849/EU Article 31 – paragraph 7 a In exceptional circumstances and under the conditions laid down in national law, where an in-depth and reasoned assessment shows that the access referred to in paragraphs 4 and 4a
Amendment 335 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive 2015/849/EU Article 31 – paragraph 7 a – subparagraph 1 In exceptional circumstances and under specific terms laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-
Amendment 336 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive 2015/849/EU Article 31 – paragraph 7 a – subparagraph 1 In exceptional circumstances laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of
Amendment 337 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive 2015/849/EU Article 31 – paragraph 7 a – subparagraph 1 In exceptional circumstances laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register and legal appeal against the exemption shall always be possible. Member States shall publish annual statistical data on the amount of exemptions granted and reasons stated and report the data to the Commission.
Amendment 338 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive 2015/849/EU Article 31 – paragraph 7 a – subparagraph 1 In exceptional circumstances laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from
Amendment 339 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive 2015/849/EU Article 31 – paragraph 7 a – subparagraph 1 In exceptional circumstances laid down in national law, where the access referred to in p
Amendment 340 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive 2015/849/EU Article 31 – paragraph 7 a – subparagraph 1 In exceptional circumstances laid down in national law, where the access referred to in paragraph
Amendment 341 #
Proposal for a directive Article 1 – paragraph 1 – point 15 – point f Directive 2015/849/EU Article 31 – paragraph 8 Amendment 342 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point g Directive 2015/849/EU Article 31 – paragraph 9 – subparagraph 4 The information referred to in paragraph 1 of this Article shall be available through the national registers and through the system of interconnection of registers for 10 years after the trust or other legal arrangement similar to a trust has been struck off from the commercial or company register. Member States shall cooperate with the Commission in order to implement the different types of access in accordance with paragraphs 4 and 4a of this Article.”;
Amendment 343 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point g Directive 2015/849/EU Article 31 – paragraph 9 – subparagraph 4 Member States shall cooperate with the Commission in order to implement the different types of access in accordance with paragraphs 4 and 4a of this Article and to propose improved procedures when it comes to ensuring interconnections;
Amendment 344 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point h Directive 2015/849/EU Article 31 – paragraph 10 10. For the purpose
Amendment 345 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point h Directive 2015/849/EU Article 31 – paragraph 10 10. For the purposes of this Article, a trust is considered to be administered in each Member State where
Amendment 346 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point h Directive 2015/849/EU Article 31 – paragraph 10 10. For the purposes of this Article, a trust
Amendment 347 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point h a (new) Directive 2015/849/EU Article 31 – paragraph 10 a (new) (ha) the following paragraph 10a is added: "10a. Member States shall notify to the Commission the categories and characteristics of the legal arrangements that have been identified pursuant to the paragraph 1 within 12 months from the entry into the force of this Directive and upon expiry of that period the Commission should publish within 2 months in the Official Journal of the European Union the consolidated list of such legal arrangements. By 26 June 2020, the Commission shall submit a report to the European Parliament and to the Council assessing whether all legal arrangements which have a structure and function similar to trusts governed under the law of Member States were duly identified and made subject to the obligations as set out in this Directive. Where appropriate, the Commission shall take the necessary steps to act upon the findings of that report."
Amendment 348 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point h a (new) Directive 2015/849/EU Article 31 – paragraph 10 a (new) (ha) the following paragraph 10a is added: 10a. Member States will require trust deeds of any trust administered in their territory to obtain and maintain sufficient, exact and current information about the trust. This information shall include: – The trust deed. – All letter of wishes. – The name and address of the settlor – The name and addressee of all trustees and the name and addresses of all those on whose instructions they act. – The name of any enforcer and the instructions they hold. – The annual accounts of the trust. – Details of all trust distributions with the names and addresses of beneficiaries on record.
Amendment 349 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point h a (new) Directive 2015/849/EU Article 31 – paragraph 10 a (new) (ha) Paragraph 5 is amended as follows: 10a. Member States shall require that the information held in the central register referred to in paragraph 4 is adequate, accurate and current. Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis. They shall also foresee mechanisms for encouraging obliged entities to report inconsistencies between the information they have collected through their customer due diligence process and that held in the central register.
Amendment 350 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point -a a (new) Directive 2015/849/EU Article 32 – paragraph 1 (-aa) paragraph 1 is replaced by the following: 1. Each Member
Amendment 351 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive 2015/849/EU Article 32 – paragraph 3 – subparagraph 1 – fourth sentence It shall be able to request, obtain and use additional information from any obliged entity;
Amendment 352 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a a (new) Directive 2015/849/EU Article 32 – paragraph 4 (aa) paragraph 4 is replaced by the following: 4. Member
Amendment 353 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a a (new) Directive 2015/849/EU Article 32 – paragraph 7 (aa) paragraph 7 is replaced by the following: "7. Member States shall ensure that the FIU is empowered to take urgent action,
Amendment 354 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 32 a – paragraph 1 1. Member States shall put in place automated centralised mechanisms, such as central registries 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 as defined in Directive 2007/64/EC, financial instruments as defined in Directive 2014/65/EU and bank accounts held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.
Amendment 355 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 32 a – paragraph 1 1. Member States shall put in place
Amendment 356 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849 Article 32 a – paragraph 1 1. Member States shall put in place automated centralised mechanisms, such as
Amendment 357 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 32 a – paragraph 1 1. Member States shall put in place automated centralised mechanisms, such as central registries 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 as defined in Directive 2007/64/EC a
Amendment 358 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 32 a – paragraph 1 1. Member States shall put in place
Amendment 359 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 32 a – paragraph 2 2. Member States shall ensure that the information held in the
Amendment 360 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 32 a – paragraph 3 – introductory part 3. The following information shall be accessible and searchable through the
Amendment 361 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 32 a – paragraph 3 – indent 3 a (new) – for the safe deposit boxes: the name of the renter and the duration of the lease
Amendment 362 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 32 a – paragraph 3 a (new) Amendment 363 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 32 a – paragraph 3 a (new) 3a. Those Member States which have not already done so shall establish national property registers and exchange the national data with competent authorities of other Member States. In order to facilitate the exchange of information the Commission shall develop, with FIUs, a standardised template for national competent authorities to use to submit the data.
Amendment 364 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 32 a – paragraph 3 a (new) 3a. By 26 June 2019, the Commission shall submit a report to the European Parliament and to the Council assessing the conditions and the technical specifications and procedures for ensuring safe and efficient interconnection of the central registries. Where appropriate, that report shall be accompanied by a legislative proposal.
Amendment 365 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2015/849/EU Article 32 a – paragraph 3 a (new) (3a) Member States may introduce exemptions from the obligations referred to in paragraphs 1-3 regarding passive bank accounts. For the purpose of this paragraph, 'passive bank account' means a bank account with a balance of no more than EUR 5000 to and from which no payments, excluding interest payments and other normal service fees charged by the service provider, has been made during the past 36 months.
Amendment 366 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2015/849/EU Article 32 b (new) (12a) the following Article 32b is inserted: Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling land and buildings within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. The automated centralised mechanisms shall be established and kept by a public authority or agency or by entities to which public powers have been delegated which offer guarantees of appropriate training, impartiality and neutrality and which are subject to control by the authorities of the relevant Member State, including in relation to security and the confidentiality of personal data. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(a) or a unique identification number; – for the beneficial owner of the real property: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; – for the real property: date and cause of ownership acquisition, mortgage and rights other than ownership; – for the land: location, parcel number, land category (current state of land), parcel area (area of land); – for the building: location, parcel number, building number, type, structure, floor area. 4. Member States shall cooperate among themselves and with the Commission in order to establish by 1 January 2018 a European real property register in accordance with paragraph 1.
Amendment 367 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2015/849/EU Article 32 b (new) Amendment 368 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2015/849/EU Article 32 b (new) Amendment 369 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2015/849/EU Article 32 b (new) Amendment 370 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2015/849/EU Article 32 b (new) Amendment 371 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2015/849/EU Article 33 – paragraph 1 – introductory part (13a) in Article 33, paragraph 1 is replaced by the following: "1. Member States shall require obliged entities, and, where applicable, their directors
Amendment 372 #
Proposal for a directive Article 1 – paragraph 1 – point 13 a (new) Directive 2015/849/EU Article 34 – paragraph 2 (13a) in Article 34, paragraph 2 is replaced by the following: "2. Member States shall not apply the obligations laid down in Article 33(1) to notaries, other independent legal professionals, auditors, external accountants and tax advisors only to the strict extent that such exemption relates to information they receive from, or obtain on, one of their clients, in the course of ascertaining the legal position of their client or performing their task of defending or representing that client in, or concerning, judicial proceedings,
Amendment 373 #
Proposal for a directive Article 1 – paragraph 1 – point 13 a (new) Directive 2015/849/EU Article 34 – paragraph 2 – subparagraph 1 a (new) (13a) in article 34(2), the following subparagraph is added: The exemption shall not apply in the case of suspicions of tax evasion, tax avoidance and tax fraud.
Amendment 374 #
Proposal for a directive Article 1 – paragraph 1 – point 13 a (new) Directive 2015/849/EU Article 34 – paragraph 3 a (new) (13a) in Article 34, the following paragraph is added: 3a. Self-regulatory bodies designated by Member States under paragraph 1 shall publish an annual report containing information about: (a) measures taken under Articles 58, 59 and 61; (b) number of reports of breaches received; (c) number of reports filed to the FIU; (d) number and description of measures carried out to verify compliance by obliged entities with their obligations under: i. Articles 10 to 24 (customer due diligence); ii. Articles 33, 34 and 35 (suspicious transaction reporting); iii. Article 40 (record-keeping); and iv. Articles 45 and 46 (internal controls).
Amendment 375 #
Proposal for a directive Article 1 – paragraph 1 – point 13 b (new) Directive 2015/849/EU Article 37 (13b) Article 37 is replaced by the following: "Disclosure of information in good faith by an obliged entity or by an employee or director of such an obliged entity, FIUs or other relevant public bodies in accordance with Articles 33 and 34 shall not constitute a breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and shall not involve the obliged entity or its directors or employees in liability of any kind even in circumstances where they were not precisely aware of the underlying criminal activity and regardless of whether illegal activity actually occurred."
Amendment 376 #
Proposal for a directive Article 1 – paragraph 1 – point 13 a (new) Directive 2015/849/EU Article 38 (13a) Article 38 is replaced by the following: "Member States shall ensure that individuals, including employees and representatives of the obliged entity
Amendment 377 #
Proposal for a directive Article 1 – paragraph 1 – point 13 c (new) Directive 2015/849/EU Article 38 (13c) Article 38 is replaced by the following: "Member States shall ensure that individuals, including employees and representatives of the obliged entity, FIUs or other relevant public bodies who report suspicions of money laundering or terrorist financing internally or to the FIU, are protected from being exposed to threats or any hostile action,
Amendment 378 #
Proposal for a directive Article 1 – paragraph 1 – point 13 b (new) Directive 2015/849/EU Article 38 (13b) Article 38 is replaced by the following: Member States shall ensure that individuals, including employees and representatives of the obliged entity
Amendment 379 #
Proposal for a directive Article 1 – paragraph 1 – point 13 c (new) Directive 2015/849/EU Article 38 – paragraph 1 a (new) (13c) in Article 38, the following paragraph is added: 1a. Member States shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting suspicions of money laundering or terrorist financing internally or to the FIU are able to present a complaint in a safe manner to the respective competent authorities. Member States shall ensure that competent authorities have the legal duty to carry out an investigation and emit a decision. Judicial redress against the decision shall always be possible.
Amendment 380 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2015/849/EU Article 39 – paragraph 3 Amendment 381 #
Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2015/849/EU Article 39 – paragraph 3 3. The prohibition laid down in paragraph 1 shall not prevent disclosure between the credit institutions and financial institutions from the Member States
Amendment 382 #
Proposal for a directive Article 1 – paragraph 1 – point 15 – point a Directive 2015/849/EU Article 40 – paragraph 1 – point a (a) in the case of customer due diligence, a copy of the documents and information which are necessary to comply with the customer due diligence requirements laid down in Chapter II, including, where available, information obtained through electronic identification means as set out in Regulation (EU) No 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities, for a period of five years after the end of the business relationship with their customer or after the date of an occasional transaction;
Amendment 383 #
Proposal for a directive Article 1 – paragraph 1 – point 15 – point a Directive 2015/849/EU Article 40 – paragraph 1 – point b (b) the supporting evidence and records of transactions, consisting of the original documents or copies admissible in judicial proceedings under the applicable national law, including, where available, information obtained through electronic identification means as set out in Regulation (EU) No 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities, which are
Amendment 384 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2015/849/EU Article 43 (15 a) Article 43 is replaced by the following: The processing of personal data on the basis of this Directive for the purposes of the prevention of money laundering and terrorist financing as referred to in Article 1 shall be considered to be a matter of public interest under
Amendment 385 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2015/849/EU Article 44 – paragraph 2 – point d (15a) in Article 44(2), point (d) is replaced by the following: "(d) data regarding the number of cross- border requests for information that were made, received, refused and partially or fully answered by the FIU
Amendment 386 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2015/849/EU Article 46 a (new) (15a) the following Article 46a is inserted: Article 46a Member States should ensure that the ownership registries of listed securities also support the anti-money laundering efforts. In situations where Member States reform the ways they administer these ownership registries, they should investigate possibilities to introduce a model of direct, centralised and public ownership registry for listed securities either through national registry or a system where the list of owners would be available in the headquarters of each listed enterprise. In addition, particular attention should be paid to getting reliable information on ultimate beneficiaries in situations where listed securities are traded in chains involving one or more than one stock brokers.
Amendment 387 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2015/849/EU Article 47 – paragraph 1 Amendment 388 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2015/849/EU Article 47 – paragraph 1 1. Member States shall ensure that providers of exchanging services between virtual currencies and fiat currencies, custodian wallet providers, currency exchange and cheque cashing offices,
Amendment 389 #
Proposal for a directive Article 1 – paragraph 1 – point 16 b (new) Directive 2015/849/EU Article 48 – paragraph 1 (16b) in Article 48, paragraph 1 is replaced by the following: In particular, Member States shall require the competent authorities to monitor effectively
Amendment 390 #
Proposal for a directive Article 1 – paragraph 1 – point 16 c (new) Directive 2015/849/EU Article 48 – paragraph 1 a (new) (16c) in Article 48, the following paragraph 1a is inserted: 1a. Member States shall ensure that one competent authority operates as supervising AML/CFT authority, which shall be structurally independent. The supervising AML/CFT authority shall ensure supervision and coordination of anti-money laundering activities carried out by other competent authorities and law enforcement bodies to ensure that all obliged entities are subject to adequate supervision including inspections, preventions, monitoring and remedial actions. The supervising AML/CFT authority shall serve as a contact point for the supervising AML/CFT authorities of the other Member States, the Commission and the ESAs.
Amendment 391 #
Proposal for a directive Article 1 – paragraph 1 – point 16 a (new) Directive 2015/849/EU Article 48 – paragraph 2 (16a) in Article 48, paragraph 2 is replaced by the following: 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 those authorities maintain high professional standards, including standards of confidentiality and data protection, that they are of high integrity and are appropriately skilled. Member States shall ensure that staff of those authorities have sufficient rules and mechanisms in place to prevent and sanction situations of conflict of interest.
Amendment 392 #
Proposal for a directive Article 1 – paragraph 1 – point 16 b (new) Directive 2015/849/EU Article 48 – paragraph 9 (16b) in Article 48, paragraph 9 is replaced by the following: 9. In the case of the obliged entities referred to in point (3)(a), (b), (ca) and (d) of Article 2(1), Member States may allow the functions referred to in paragraph 1 of this Article to be performed by self- regulatory bodies, provided that those self- regulatory bodies comply with paragraph 2 of this Article.
Amendment 393 #
Proposal for a directive Article 1 – paragraph 1 – point 16 a (new) Directive 2015/849/EU Article 48 a (new) Amendment 394 #
Proposal for a directive Article 1 – paragraph 1 – point 17 Directive 2015/849/EU Article 49 Member States shall ensure that
Amendment 395 #
Proposal for a directive Article 1 – paragraph 1 – point 18 Directive 2015/849/EU Article 50 a Amendment 396 #
Proposal for a directive Article 1 – paragraph 1 – point 18 Directive 2015/849/EU Article 50 a – introductory part Member States shall
Amendment 397 #
Proposal for a directive Article 1 – paragraph 1 – point 18 Directive 2015/849/EU Article 50 a – subparagraph 1 a (new) The obligation to ensure effective, comprehensive and timely exchange of information with counterpart authorities shall apply to all types of exchanges including automatic, spontaneous and on request.
Amendment 398 #
Proposal for a directive Article 1 – paragraph 1 – point 18 Directive 2015/849/EU Article 50 a – subparagraph 1a (new) Member States shall establish a common cooperation framework for competent authorities responsible for supervising credit and financial institutions for compliance with their AML/CFT obligations.
Amendment 399 #
Proposal for a directive Article 1 – paragraph 1 – point 18 a (new) Directive 2015/849/EU Article 51 Amendment 400 #
Proposal for a directive Article 1 – paragraph 1 – point 18 a (new) Directive 2015/849/EU Chapter VI – Section 3 – Subsection IV (new) (18a) in Section 3 of Chapter VI, the following subsection IV is added: Subsection IV Article 51a By June 2017, the Commission shall present a legislative proposal to create a European FIU that would coordinate, assist and support Member Sates FIUs. This European FIU shall lend support national FIUs in maintaining and developing the technical infrastructure for ensuring the exchange of information, assist them in joint analysis of cross border cases and produce its own case analysis and coordinate the work of Member States FIUs for cross border cases. For this purpose, the national FIU shall automatically exchange information with this European FIU when investigating on a money laundering case. This legislative proposal shall take into account the results of the Commission mapping of the Member States FIUs powers and obstacles to cooperation in order to design a well-balanced and tailor made system of cooperation.
Amendment 401 #
Proposal for a directive Article 1 – paragraph 1 – point 18 b (new) Directive 2015/849/EU Article 51 b (new) (18b) the following Article 51b is inserted: Article 51b 1. Member States shall ensure their FIU can cooperate and exchange relevant information with their foreign counterparts. 2. Member States shall ensure that their FIU is able to make inquiries on behalf of foreign counterparts where this could be relevant to an analysis of financial transactions. At a minimum, inquiries should include: – Searching its own databases, which would include information related to suspicious transaction reports. – Searching other databases to which it may have direct or indirect access, including law enforcement databases, public databases, administrative databases and commercially available databases. Where permitted to do so, FIUs shall also contact other competent authorities and financial institutions in order to obtain relevant information
Amendment 402 #
Proposal for a directive Article 1 – paragraph 1 – point 19 b (new) Directive 2015/849/EU Article 53 – paragraph 3 (ba) in Article 53, paragraph 3 is replaced by the following: 3. An FIU may refuse to exchange information only in exceptional circumstances where the exchange could be contrary to fundamental principles of its national law. Those exceptions shall be specified in a way which prevents misuse of, and undue limitations on, the free exchange of information for analytical purposes. When such exceptional circumstances are invoked, the requested FIU shall send a report to the Commission.
Amendment 403 #
Proposal for a directive Article 1 – paragraph 1 – point 19 – point b a (new) Directive 2015/849/EU Article 53 – paragraph 3 a (new) (ba) the following paragraph is added: 3a. The FIU of each Member State shall quarterly publish summary statistics on its collaboration and the exchange of information with other FIUs. This should at least include the number of requests sent and received, whether those have been successfully followed-up and concluded, the type of information received or requested, the economic sector and nationality of the entity or individual concerned and the overall as well as average amounts of money included in requests, if applicable.
Amendment 404 #
Proposal for a directive Article 1 – paragraph 1 – point 19 – point b a (new) Directive 2015/849/EU Article 53 – paragraph 3 a (new) Amendment 405 #
Proposal for a directive Article 1 – paragraph 1 – point 19 a (new) Directive 2015/849/EU Article 54 – paragraph 1 a (new) (19a) in Article 54, the following paragraph is added: 1a. Member States shall ensure that FIUs designate at least one official to be responsible for receiving requests for information or mutual legal assistance from homologous entities in other Member States and ensuring that those requests are treated in a timely manner.
Amendment 406 #
Proposal for a directive Article 1 – paragraph 1 – point 20 a (new) Directive 2015/849/EU Article 55 – paragraph 2 a (new) Amendment 407 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2015/849/EU Article 57 Amendment 408 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2015/849/EU Article 57 Differences between national law definitions of
Amendment 409 #
Proposal for a directive Article 1 – paragraph 1 – point 21 a (new) Amendment 410 #
Proposal for a directive Article 1 – paragraph 1 – point 21 a (new) Amendment 411 #
Proposal for a directive Article 1 – paragraph 1 – point 21 a (new) Amendment 412 #
Proposal for a directive Article 1 – paragraph 1 – point 21 a (new) (21a) in Section 3 of Chapter VI, the following subsection is inserted : Subsection IIIa International Cooperation Article 57a 1. Member State should ensure that their competent authorities supervising credit and financial institutions as well as their law enforcement authorities, provide the widest possible range of international cooperation with the competent authorities of third countries that constitute counterparts of the national competent authorities. 2. Member state shall ensure that there are effective gateways to facilitate the prompt and constructive exchange directly between counterparts, either spontaneously or upon request, of information relating to money laundering.
Amendment 413 #
Proposal for a directive Article 1 – paragraph 1 – point 21 a (new) Directive 2015/849/EU Article 58 – paragraph 2 – subparagraph 2 a (new) (21a) In Article 58(2), the following subparagraph is added: Member States shall ensure that, in cases of breaches which are subject to criminal sanctions, law enforcement authorities are properly informed about such breaches.
Amendment 414 #
Proposal for a directive Article 1 – paragraph 1 – point 21 a (new) Directive 2015/849/EU Article 58 – paragraph 4 a (new) (21a) In Article 58, the following paragraph is inserted: 4a. Member States shall ensure that competent authorities and self-regulatory bodies inform the Commission when national laws hamper their supervisory and investigatory powers that are necessary for the exercise of their functions.
Amendment 415 #
Proposal for a directive Article 1 – paragraph 1 – point 21 b (new) Directive 2015/849/EU Article 59 – paragraph 1 – introductory part (21b) In Article 59, the introductory part of paragraph 1 is replaced by the following: "1. Member States shall ensure that this Article applies at least to breaches on the part of obliged entities
Amendment 416 #
Proposal for a directive Article 1 – paragraph 1 – point 21 a (new) Directive 2015/849/EU Article 59 – paragraph 1 – point a a (new) (21a) In paragraph 1 of Article 59, the following point is added: (aa) Articles 30 and 31 (transparency concerning beneficial ownership);
Amendment 417 #
Proposal for a directive Article 1 – paragraph 1 – point 21 c (new) Directive 2015/849/EU Article 59 – paragraph 2 – point c Amendment 418 #
Proposal for a directive Article 1 – paragraph 1 – point 21 b (new) Directive 2015/849/EU Article 59 – paragraph 2 – point e (
Amendment 419 #
Proposal for a directive Article 1 – paragraph 1 – point 21 c (new) Directive 2015/849/EU Article 59 – paragraph 3 (21c) Article 59(3) is replaced by the following: ‘3. Member States shall ensure that, by way of derogation from paragraph 2(e),
Amendment 420 #
Proposal for a directive Article 1 – paragraph 1 – point 21 d (new) Directive 2015/849/EU Article 59 – paragraph 3 – point b a (new) (21d) in Article 59(3), the following point is inserted: '(ba) for cases that are serious, repeated, systematic, or a combination thereof the withdrawal of the authorisation to operate;'
Amendment 421 #
Proposal for a directive Article 1 – paragraph 1 – point 21 b (new) Directive 2015/849/EU Article 61 – paragraph 1 (21b) in Article 61, paragraph 1 is replaced by the following: 1. Member States shall ensure that competent authorities and self-regulatory bodies establish effective and reliable mechanisms to encourage the reporting to competent authorities and self-regulatory bodies of potential or actual breaches of the national provisions transposing this Directive.
Amendment 422 #
Proposal for a directive Article 1 – paragraph 1 – point 21 c (new) Directive 2015/849/EU Article 61 – paragraph 3 a (new) Amendment 423 #
Proposal for a directive Article 1 – paragraph 1 – point 21 a (new) Directive 2015/849/EU Article 64 – paragraph 2 (21a) In Article 64, paragraph 2 is replaced by the following: "2. The power to adopt delegated acts referred to in Article 9 and Article 48a shall be conferred on the Commission for an indeterminate period of time from 25 June 2015."
Amendment 424 #
Proposal for a directive Article 1 – paragraph 1 – point 21 b (new) Directive 2015/849/EU Article 64 – paragraph 5 (21b) In Article 64, paragraph 5 is replaced by the following: "5. A delegated act adopted pursuant to Article 9 and Article 48a shall enter into force only if no
Amendment 425 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2015/849/EU Article 65 – paragraph 2 Amendment 426 #
Proposal for a directive Article 1 – paragraph 1 – point 22 a (new) Directive 2015/849/EU Article 65 – subparagraph 1 a Amendment 427 #
Proposal for a directive Article 1 – paragraph 1 – point 23 Directive 2015/849/EU Article 66 – paragraph 1 Directives 2005/60/EC and 2006/70/EC are repealed
Amendment 428 #
Proposal for a directive Article 1 – paragraph 1 – point 24 Directive 2015/849/EU Article 67 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this
Amendment 429 #
Proposal for a directive Article 1 – paragraph 1 – point 24 a (new) Directive 2015/849/EU Annex II Amendment 430 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2015/849/EU Annex III – point 2 – point c (c) non-face-to-face business relationships or transactions, without certain safeguards, such as electronic identification means or relevant trust services as defined in Regulation (EU) 910/2014 or alternative remote identification techniques subject to the approval of the competent authorities;
Amendment 431 #
Proposal for a directive Article 1 – paragraph 1 – point 25 a (new) Directive 2015/849/EU Annex III – point 2 – point c a (new) (25a) in point (2) of Annex III, the following point (c a) is inserted: (ca) tax crimes relating to direct taxes and indirect taxes and as defined in the national law of the Member States;
Amendment 432 #
Proposal for a directive Article 2 – paragraph 1 – point 1 Directive 2009/101/EC Article 1 a – paragraph 1 – point a (a) corporate and other legal entities referred to in Article 30 of Directive 2015/849 of the European Parliament and of the Council*, including the types of companies referred to in Article 1 of this Directive
Amendment 433 #
Proposal for a directive Article 2 – paragraph 1 – point 1 Directive 2009/101/EC Article 1 a – paragraph 1 – point a (a) corporate and other legal entities referred to in Article 30 of Directive 2015/849 of the European Parliament and of the Council*, including the types of companies referred to in Article 1 of this Directive
Amendment 434 #
Proposal for a directive Article 2 – paragraph 1 – point 1 Directive 2009/101/EC Article 1 a – paragraph 1 – point a (a) corporate and other legal entities referred to in Article 30 of Directive 2015/849 of the European Parliament and of the Council*, including the types of companies referred to in Article 1 of this Directive
Amendment 435 #
Proposal for a directive Article 2 – paragraph 1 – point 1 Directive 2009/101/EC Article 1 a – paragraph 1 – point b (b) trusts
Amendment 436 #
Proposal for a directive Article 2 – paragraph 1 – point 1 Directive 2009/101/EC Article 1 a – paragraph 1 – point b (b) trusts which
Amendment 437 #
Proposal for a directive Article 2 – paragraph 1 – point 1 a (new) Directive 2009/101/EC Article 7 – paragraph 1 – point a a (new) Amendment 438 #
Proposal for a directive Article 2 – paragraph 1 – point 1 a (new) Directive 2009/101/EC Article 7 – paragraph 1 – point b a (new) (1a) in Article 7, the following point is added: (ba) failure to disclose beneficial ownership information as required by Article 7b.
Amendment 439 #
Proposal for a directive Article 2 – paragraph 1 – point 1 b (new) Directive 2009/101/EC Article 7 – paragraph 1 a (new) (1b) in Article 7, the following paragraph is added: Member States shall ensure that where obligations apply to legal persons, penalties can be applied to the members of the management body or to any other individuals who under national law are responsible for the breach.
Amendment 440 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b Amendment 441 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 1 – subparagraph 2 The information shall consist of at least the name, the
Amendment 442 #
Proposal for a directive Article 2 – paragraph 1 – point 2 The information shall at least consist of the name, the
Amendment 443 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 2 Amendment 444 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 2 2. The disclosure of beneficial ownership information as referred to in paragraph 1 shall be ensured through the
Amendment 445 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 3 Amendment 446 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 3 Amendment 447 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 3 3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2), in open format, within the meaning of Directive 2013/37/EU amending Directive 2003/98/EC on the re-use of public sector information. Access to the interconnection system and the registers of each Member State shall not be subject to online registration or other restrictions of any kind, including fees or charges to cover administrative costs.
Amendment 448 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 3 3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and made possible in machine- readable and open format as defined in Directive 2013/37/EU.
Amendment 449 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 3 3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2), in accordance with data protection rules and open data standards, and subject to online registration. Member States may introduce a fee to cover the administrative costs.
Amendment 450 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 3 3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the
Amendment 451 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 4 4. In exceptional circumstances and under the conditions laid down in national law, where
Amendment 452 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 4 4. In exceptional circumstances and other specific terms laid down in national law, where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from
Amendment 453 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 4 4. In exceptional circumstances laid
Amendment 454 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 4 4. In exceptional circumstances laid down in national law, where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of
Amendment 455 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 4 a (new) 4a. Any exemption must be duly justified in the register and reviewed on a regular basis in order to keep the information accurate.
Amendment 456 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 5 Amendment 457 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 5 (5) The personal data of beneficial owners referred to in paragraph 1 shall be disclosed for the purpose of enabling third parties and civil society at large to know who are the beneficial owners, thus contributing to prevent the misuse of legal entities and legal arrangements through enhanced public scrutiny. For this purpose the information shall be publicly available through the national registers and through the system of interconnection of registers for no longer than 10 years after the company has been struck off from the register. Furthermore, to avoid infringing fundamental rights, special measures must be put in place to protect the data.
Amendment 458 #
Proposal for a directive Article 2 – paragraph 1 – point 2 5. The personal data of beneficial owners referred to in paragraph 1 shall be disclosed for the purpose of enabling third parties and civil society at large to know who are the beneficial owners, thus contributing to prevent the misuse of legal entities
Amendment 459 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2009/101/EC Article 7 b – paragraph 5 a (new) 5a. Member States shall require the competent authorities and self-regulatory bodies to effectively monitor and to take the necessary measures with a view to ensuring compliance with the requirements of this Article. 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 those authorities and bodies maintain high professional standards, including standards of confidentiality and data protection, are of high integrity and appropriately skilled.
Amendment 460 #
Proposal for a directive Article 2 a (new) Directive 2013/36/EU Article 56 – paragraph 1 – point f a (new) Article 2a Amendments to Directive 2013/36/EU In Article 56(1) of Directive 2013/36/EU, the following point is added: (fa) authorities responsible for supervising the obliged entities mentioned in article 2, paragraph 1, (1) and (2) of Directive 2015/849 for compliance with that Directive."
Amendment 461 #
Proposal for a directive Article 2 a (new) Directive 2013/36/EU Article 56 – paragraph 1 – point f a (new) Amendment 462 #
Proposal for a directive Article 2 b (new) Directive 2009/138/EC Article 68 – paragraph 1 – point b – point iii a (new) Article 2b Amendments to Directive 2009/138/EC In Article 68(1)(b) of Directive 2009/138/EC the following point is added: "(iiia) authorities responsible for supervising the obliged entities mentioned in article 2, paragraph 1, (1) and (2) of Directive 2015/849 for compliance with that Directive."
Amendment 463 #
Proposal for a directive Article 2 b (new) Directive 2009/138/EC Article 68 – paragraph 1 – point b – point iii a (new) Amendment 464 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive
Amendment 465 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 201
Amendment 466 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 J
Amendment 467 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 201
Amendment 50 #
Draft legislative resolution Citation 2 a (new) – having regard to Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of National Parliaments in the European Union,
Amendment 51 #
Draft legislative resolution Citation 2 b (new) – having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of Subsidiarity and Proportionality,
Amendment 52 #
Proposal for a directive Recital 2 Amendment 53 #
Proposal for a directive Recital 2 a (new) (2a) The United Nations (UN), Interpol and Europol have been reporting for years on the increasing convergence between organised crime and terrorism. Given the increased convergence between organised crime and terrorism, fighting against organised crime networks should be part of any strategy in the fight against the financing of terrorism. Illicit trade in firearms, drugs, cigarettes and counterfeit goods, trade in human beings, racketeering and extortion have become very lucrative ways for terrorist groups to obtain funding, generating around 110 billion euros every year (without trade in counterfeit goods). The nexus between terrorism and organised crime and the links between criminal and terrorist groups constitute an increased security threat to the Union.
Amendment 54 #
Proposal for a directive Recital 2 b (new) (2b) Also money laundering, illicit trade in goods, including but not limited to crude oil, narcotics, works of art, weapons and protected species, serious tax fraud and tax evasion of illegally acquired money are typically committed in respect of the financing of terrorist acts. Without prejudice to [the new anti- terrorism directive] Member States should take the necessary measures to criminalize these behaviours and to make sure that terrorists and terrorist organisations cannot benefit from profits resulting from those offenses.
Amendment 55 #
Proposal for a directive Recital 5 (5) Union measures must also accurately reflect developments and commitments undertaken at international level. Therefore, UN Security Council Resolutions 219
Amendment 56 #
Proposal for a directive Recital 5 a (new) (5a) Money laundering activities are carried out by making large use of cash transactions. The spread and the use of on-line bank accounts and other similar payments systems has largely increased in recent years, implying that there is scope to consider adopting a limit to cash transfers at EU level, without imposing a strong burden on households and firms. The Commission shall assess the size of a maximum threshold of cash transfers to be adopted at EU level, leaving to Member States the choice to impose lower thresholds. The assessment has to be carried out within 2 years from the date of entry into force of this directive.
Amendment 57 #
Proposal for a directive Recital 6 Amendment 58 #
Proposal for a directive Recital 6 (6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender)
Amendment 59 #
Proposal for a directive Recital 6 (6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender) as well as custodian wallet providers for virtual currencies are under no obligation to identify suspicious activity. Terrorist groups are thus able to transfer money into the Union's financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms. It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include virtual currency exchange platforms and
Amendment 60 #
Proposal for a directive Recital 7 Amendment 61 #
Proposal for a directive Recital 7 (7) The credibility of virtual currencies will not rise if they are used for criminal purposes. In this context, anonymity will become more a hindrance than an asset for virtual currencies taking up and their potential benefits to spread. The inclusion of virtual exchange platforms
Amendment 62 #
Proposal for a directive Recital 9 (9)
Amendment 63 #
Proposal for a directive Recital 9 (9) When dealing with natural persons or legal entities established in high-risk third countries, Member States must require obliged entities to apply enhanced customer due diligence measures to manage and mitigate risks. Each Member State therefore determines at national level the type of enhanced due diligence measures to be taken towards high-risk third countries. Those different approaches between Member States create weak spots on the management of business relationships involving high risk third countries identified by the Commission. Those gaps can be exploited by terrorists to channel funds in and out the Union financial system. It is important to improve the effectiveness of the list of high-risk third countries established by the Commission by providing for a harmonised treatment of those countries at Union level. This harmonised approach should primarily focus on enhanced customer due diligence measures. Nevertheless, Member States and obliged entities should be allowed to apply additional mitigating measures in addition to enhanced customer due diligence measures, in accordance with international obligations. International organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing may call to apply appropriate counters measures to protect the international financial system from the on- going and substantial money laundering and terrorist financing risks emanating from countries. Member States should enact and apply additional mitigating measures regarding high risk third countries identified by the Commission by
Amendment 64 #
Proposal for a directive Recital 9 (9) When dealing with natural persons or legal entities established in high-risk third countries, Member States must require obliged entities to apply enhanced customer due diligence measures to manage and mitigate risks. Each Member State therefore determines at national level the type of enhanced due diligence measures to be taken towards high-risk third countries, including the possibility of suspending the activity of institutions that continue to maintain relations with high- risk third countries. Those different approaches between Member States create weak spots on the management of business relationships involving high risk third countries identified by the Commission. Those gaps can be exploited by terrorists to channel funds in and out the Union financial system. It is important to
Amendment 65 #
Proposal for a directive Recital 9 (9) When dealing with natural persons or legal entities established in high-risk third countries, Member States must require obliged entities to apply enhanced customer due diligence measures to manage and mitigate risks. Each Member State therefore determines at national level the type of enhanced due diligence
Amendment 66 #
Proposal for a directive Recital 10 (10) Given the evolving nature of ML/TF threats and vulnerabilities, the Union should adopt an integrated approach on the compliance of national AML/CFT regimes with the requirements at Union level, by taking into consideration an effectiveness assessment of those national regimes. For the purpose of monitoring the correct transposition of the Union requirements in the national regimes, their effective implementation and their capacity to accomplish a strong preventive regime in the field, the Commission should base its assessment on the national risk regimes, which shall be without be without prejudice to those conducted by international organisations and standards setters with competence in the field of preventing money laundering and combating terrorist financing, such as the FATF or Committee of Experts on the Evaluation of Anti-Money Laundering Measures (MONEYVAL). There should be sufficient flexibility for the Member States in the transposition process of this Directive, especially if there is a connection with criminal law and investigation issues for which the Member States themselves are primarily responsible. Furthermore, differences between the FATF recommendations and EU legislation should be avoided with regard to the necessity of a global level playing field.
Amendment 67 #
Proposal for a directive Recital 10 (10) Given the evolving nature of ML/TF threats and vulnerabilities, the Union should adopt an integrated approach on the compliance of national AML/CFT regimes with the requirements at Union level, by taking into consideration an effectiveness assessment of those national regimes. For the purpose of monitoring the correct transposition of the Union requirements in the national regimes, their effective implementation and their capacity to accomplish a strong preventive regime in the field, the Commission should base its assessment on the national risk regimes, which shall be without be without prejudice to those conducted by international organisations and standards setters with competence in the field of preventing money laundering and combating terrorist financing, such as the FATF or Committee of Experts on the Evaluation of Anti-Money Laundering Measures (MONEYVAL). European organisations and standards setters with competence in the field of preventing money laundering and combating terrorist financing should work in close cooperation with Member States in order to establish a set of common indicators for assessing national risk regimes, as well as harmonized preventive measures.
Amendment 68 #
Proposal for a directive Recital 10 a (new) (10a) The criminalisation of terrorist financing, the provision of material support and assistance by supplying goods in the Directive on Combatting Terrorism should be taken in parallel to due diligence, monitoring and reporting requirements applicable to private economic actors who are engaged in trading in designated goods, whose trading is considered to be vulnerable to terrorist financing or that come from an area of operations of terrorist groups. Due diligence, monitoring and reporting requirements on private economic actors engaged in the trading in vulnerable goods would have a preventative effect by materially impairing the trading activities of organised criminal groups and terrorist groups as a source of terrorist financing. Reporting duties to competent bodies of the Member States and a coordinated cooperation between authorities at national and EU-level are suitable to generate additional knowledge to help tracking and prosecuting organised crime and other commercial activities of terrorist organisations more effectively.
Amendment 69 #
Proposal for a directive Recital 10 a (new) (10a) It is also possible to launder money in the trade of listed securities. Even though listed securities mostly fall outside the scope of this directive, it should be noted that the efficiency of fighting money laundering depends also on the tools that authorities have to find out the beneficial owners of listed securities. This should be taken into account especially when Member States reform the ownership registries of listed securities. The high level of transparency in the centralised, open registries of listed securities owners can be particularly useful in anti-money laundering efforts. These registries can be based either on a national, centralized registry system or a model where each listed company maintains a list of its owners, which stakeholders can access by request. Particular attention should be paid to know-your-customer policies in situations where the ownership of listed securities is mediated through one or more securities broker companies.
Amendment 70 #
Proposal for a directive Recital 10 a (new) (10a) The monitoring of the transposition of Union requirements in national regimes is not sufficient to ensure that national AML/CFT regimes are effective to tackle AML/CFT activities, since shortcomings often stem from the ineffective enforcement of the rules. In this respect, it is crucial for the internal market that the Commission and the ESAs have additional powers to evaluate the consistency of national AML/TF regimes with the EU framework monitoring implementation and enforcement of national rules. ESAs shall be assigned additional powers in the field of AML/CFT, including the powers to carry out onsite assessments in Member States competent authorities, compel the production of any information that is relevant to assessing compliance, issue recommendations for remedial action, make those recommendations public and take measures that are necessary to ensure that their recommendations are effectively implemented;
Amendment 71 #
Proposal for a directive Recital 10 b (new) (10b) ESAs should be assigned additional powers in the field of AML/CFT, including the powers to carry out onsite assessments in Member States competent authorities, compel the production of any information that is relevant to assessing compliance, issue recommendations for remedial action, make those recommendations public and take measures that are necessary to ensure that their recommendations are effectively implemented.
Amendment 72 #
Proposal for a directive Recital 11 Amendment 73 #
Proposal for a directive Recital 11 (11) General purpose prepaid cards have legitimate uses and constitute an instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist
Amendment 74 #
Proposal for a directive Recital 11 (11) General purpose prepaid cards have legitimate uses and constitute an instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist this means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers' needs in using general purpose prepaid instruments and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards and
Amendment 75 #
Proposal for a directive Recital 13 (13) FIUs play an important role in identifying the financial operations of terrorist networks, especially across borders, and in detecting their financial backers.
Amendment 76 #
Proposal for a directive Recital 13 a (new) (13a) In order to overcome the current cooperation difficulties which exist between national FIUs, a European FIU should be set up in order to coordinate, assist and support Member Sates FIUs in cross-border cases. It would also be particularly suited to an integrated EU financial market and effective in combatting money laundering and terrorist financing in the internal market. The Member States FIU would still be primarily responsible for receiving suspicious transection reports, analysing them and disseminate them to the national competent authority. The EU FIU would lend support to those Member States especially in maintaining and developing the technical infrastructure for ensuring the exchange of information, assisting them in joint analysis of cross border cases and strategic analysis, and coordinate the work of Member States FIUs for cross-border cases.
Amendment 77 #
Proposal for a directive Recital 13 a (new) (13a) The creation of a an European FIU assisting and supporting Member States’ FIU in their tasks would be an efficient and cost effective means to ensure reception, analysis and dissemination of money laundering and terrorist financing reports in the Internal Market.
Amendment 78 #
Proposal for a directive Recital 14 (14) FIUs should be able to obtain from any obliged entity all the necessary information relating to their functions. Unfettered access to information is essential to ensure that flows of money can be properly traced and illicit networks and flows detected at an early stage. When FIUs need to obtain additional information from obliged entities based on a suspicion of money laundering, such suspicion may be triggered by a prior suspicious transaction report reported to the FIU, but also through other means such as FIU's own analysis, intelligence provided by competent authorities or information held by another FIU. FIUs should therefore be able to obtain information from any obliged entity, even without a prior report being made by the individual obliged entity. A FIU should also be able to obtain such information on a request made by another Union FIU and to exchange the information with the requesting FIU.
Amendment 79 #
Proposal for a directive Recital 14 a (new) (14a) Competent authorities supervising credit and financial institutions for compliance with this Directive should be able to cooperate and exchange confidential information, regardless of their respective nature or status. To this end, such competent authorities should have an adequate legal basis for exchanging confidential information and cooperate to the widest extent possible, consistent with the applicable international standards in this field.
Amendment 80 #
Proposal for a directive Recital 14 b (new) (14b) Information of a prudential nature relating to credit and financial institutions, such as information relating to fit and properness of directors and shareholders, the internal control mechanisms, the governance or the compliance and risk management, is often indispensable for an adequate AML/CFT supervision of such institutions. Vice- versa, AML/CFT information is also important for the prudential supervision of these institutions. Therefore, exchange of confidential information and collaboration between AML/CFT competent authorities of credit and financial institutions and prudential supervisors should not be hampered unintentionally by legal uncertainty which may stem from a lack of explicit provisions in this field. Such 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.
Amendment 81 #
Proposal for a directive Recital 15 (15) Delayed access to information by FIUs and other competent authorities on the identity of holders of bank and payment accounts and safe deposit boxes, especially anonymous ones, hampers the detection of transfers of funds relating to terrorism. National data allowing the identification of bank and payments accounts and safe deposit boxes belonging to one person is fragmented and therefore not accessible to FIUs and other competent authorities in a timely manner. It is therefore essential to establish centralised automated mechanisms, such as a register or data retrieval system in all Member States as an efficient means to get timely access to information on the identity of holders of bank and payment accounts and safe deposit boxes, their proxy holders, and their beneficial owners.
Amendment 82 #
Proposal for a directive Recital 15 a (new) (15a) Information on holding and control of immovable property such as buildings and land are not available in all Member States as well as no consolidated data exist on life insurance beneficiaries. Money Laundering activities are carried out also by relying on real estate transactions and through life insurance products. The establishment of central automated mechanisms, such as a register or a data retrieval system, in all Member States is essential to track this information and to support the investigation phase. Member States authorities need to have timely access to this data in order to proceed with cross- border checks and inquiries.
Amendment 83 #
Proposal for a directive Recital 15 a (new) (15a) In view of the constant technological changes that make money laundering and the funding of terrorism possible, it is proposed that a European monitoring, coordination and technological intelligence instrument be created, to assist the various FIUs in their work.
Amendment 84 #
Proposal for a directive Recital 16 (16) In order to respect privacy and protect personal data, such registries should store the minimum data necessary to the performance of AML investigations. The concerned data subjects should be informed that their data are recorded and accessible by FIUs and should be given a contact point for exercising their rights of access and rectification. When transposing these provisions, Member States should set out maximum retention periods (supported by adequate reasoning as to their duration) for the registration of personal data in registries and provide for their destruction once the information is no longer needed for the stated purpose.
Amendment 85 #
Proposal for a directive Recital 17 (17) Accurate identification and verification of data of natural and legal persons is essential for fighting money laundering or terrorist financing. Latest
Amendment 86 #
Proposal for a directive Recital 17 (17) Accurate identification and verification of data of natural and legal persons is essential for fighting money laundering or terrorist financing. Latest technical developments in the digitalisation of transactions and payments enable a
Amendment 87 #
Proposal for a directive Recital 21 (21) The specific factor determining the Member State responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified. In order to avoid that, due to differences in the legal systems of Member States, certain trusts and similar legal arrangements are not monitored or registered
Amendment 88 #
Proposal for a directive Recital 21 (21) The specific factor determining the Member State responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified. In order to avoid that, due to differences in the legal systems of Member States, certain trusts and similar legal arrangements are not monitored or registered anywhere in the Union, all trusts and similar legal arrangements should be registered in the Member State where they are administered. In order to ensure the effective monitoring and registration of information on the beneficial ownership of trusts and similar legal arrangements, cooperation among Member States is also necessary.
Amendment 89 #
Proposal for a directive Recital 21 (21) The specific factor determining the Member State responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified. In order to avoid that, due to differences in the legal systems of Member States, certain trusts are not monitored or registered anywhere in the Union, all trusts and similar legal arrangements should be registered where they are created, administered or operating. In order to ensure the effective monitoring and registration of information on the beneficial ownership of trusts, cooperation and exchange of relevant information among Member States is also necessary.
Amendment 90 #
Proposal for a directive Recital 21 (21) The specific factor determining the Member State responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified. In order to avoid that, due to differences in the legal systems of Member States, certain trusts are not monitored or registered anywhere in the Union, and to avoid distorting the internal market, all trusts and
Amendment 91 #
Proposal for a directive Recital 21 (21) The specific factor determining the Member State responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified. In order to avoid that, due to differences in the legal systems of Member States, certain trusts are not monitored or registered anywhere in the Union, all trusts and similar legal arrangements should be registered where they are created, administered or operated. In order to ensure the effective monitoring and registration of information on the beneficial ownership of trusts, cooperation among Member States is also necessary.
Amendment 92 #
Proposal for a directive Recital 21 a (new) (21a) Criminals move illicit proceeds through numerous financial intermediaries to avoid detection, therefore it is important to allow financial and credit institutions to exchange information not only between group members, but also other financial and credit institutions, provided that data protection is ensured.
Amendment 93 #
Proposal for a directive Recital 22 (22) Public access by way of compulsory disclosure of certain information on the beneficial ownership of companies provides additional guarantees to third parties wishing to do business with those companies. However, public access to beneficial ownership information, alone, is not sufficient in order to prevent money laundering and the flow of illicit assets through complex financial structures. A further step is necessary, in the form of EU-wide legislation on whistle-blower protection. Certain Member States have taken steps or announced their intention to make information contained in registers of beneficial ownership available to the public. The fact that not all Member States would make information publicly available or differences in the information made available and its accessibility may lead to different levels of protection of third parties in the Union. In a well-
Amendment 94 #
Proposal for a directive Recital 22 (22) Public access by way of compulsory disclosure of certain information on the beneficial ownership of companies provides additional guarantees to third parties wishing to do business with those companies. Certain Member States have taken steps or announced their intention to make information contained in registers of beneficial ownership available to the public.
Amendment 95 #
Proposal for a directive Recital 22 (22)
Amendment 96 #
Proposal for a directive Recital 23 (23) Public access also allows greater scrutiny of information by civil society, including by the press or civil society organisations, and contributes to preserving trust in the integrity of business transactions and of the financial system. It can contribute to combating the misuse of legal entities and legal arrangements both by helping investigations and through reputational effects, given that anyone who could enter into transactions with them is aware of the identity of the beneficial owners. It also facilitates the timely and efficient availability of information for financial institutions as well as authorities, including authorities of third countries, involved in the fight against these offences. A proportionate approach should be taken when it comes to access to small family- oriented trusts that hold low-risk assets, thus recognising an individual's right to privacy and emphasising the Union's respect for fundamental rights in accordance with Article 6 of the Treaty of the European Union.
Amendment 97 #
Proposal for a directive Recital 23 (23)
Amendment 98 #
Proposal for a directive Recital 26 (26) A fair balance should be sought in particular between the general public interest in
Amendment 99 #
Proposal for a directive Recital 26 (26) A fair balance should be sought in particular between the general public interest in
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