Activities of Jürgen KLUTE related to 2013/0025(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing PDF (706 KB) DOC (782 KB)
Amendments (48)
Amendment 41 #
Proposal for a directive
Recital 11
Recital 11
(11) The need for accurate and up-to-date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retaindisclose information on their beneficial ownership and make this information available to competent authorities and obliged entitieem available to EU and third country authorities, international organizations, business partners and consumers via public centralized registers. In addition, trustees should declare their status to obliged entities.
Amendment 59 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) It is of utmost importance that investment co-financed by the community budget fulfil the highest standards to prevent financial crimes including corruption and tax evasion. The European Investment Bank therefore has adopted in 2008 adopted an internal guideline entitled "Policy on preventing and deterring prohibited conduct in European Investment Bank activities" on the legal basis of Article 325 TFEU, Article 18 of the EIB Statute and of the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002. Following the adoption of the policy the EIB shall report on suspicions or alleged cases of money laundering affecting EIB supported projects, operations and transactions to the Luxembourg Financial Intelligence Unit
Amendment 71 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. The European Investment Bank
Amendment 90 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4a) tax crimes related to direct taxes and indirect taxes;
Amendment 91 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point f
Article 3 – paragraph 1 – point 4 – point f
(f) all offences, including tax crimes related to direct taxes and indirect taxes, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or, as regards those States which have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months;
Amendment 94 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Amendment 108 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
The Member States may adopt or retain in force stricter provisions in the field covered by this Directive to prevent money laundering and terrorist financing providing that such provisions do not constitute an obstacle to the functioning of the Single Market or unduly prevent consumers from accessing financial services.
Amendment 119 #
Proposal for a directive
Recital 11
Recital 11
(11) The need for accurate and up-to-date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retaindisclose information on their beneficial ownership and make this information available to competent authorities and obliged entitieem available to EU and third country authorities, international organizations, business partners and consumers via public centralized registers. In addition, trustees should declare their status to obliged entities.
Amendment 120 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall make the opinion publicly available to assist Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing.
Amendment 141 #
Proposal for a directive
Article 8 – paragraph 4 – point a
Article 8 – paragraph 4 – point a
(a) the development of internal policies, procedures and controls, including customer due diligence, reporting, record keeping, internal control, compliance management (including, when appropriate to the size and nature of the business, the appointment of a compliance officer at management level) and employee screening. In any case, these measures shall not allow the obliged entities to ask consumers to provide more personal data than necessary or deny access to financial services to some categories of consumers both at national and cross-border level;
Amendment 154 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – 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. It shall however be strictly forbidden to require the customer to reside or to have proven links in the country where the business relationship is to be established or the transaction carried-out;
Amendment 157 #
Proposal for a directive
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(da) EBA, EIOPA and ESMA shall issue guidelines addressed to competent authorities and the obliged entities referred to in Article 2(1)(1) and (2) on the types of documents, data and information that could be asked to the customer and the beneficial owner and which are strictly necessary to comply with this article. These guidelines shall be issued within 2 years of the date of entry into force of this Directive.
Amendment 158 #
Proposal for a directive
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. The personal data collected shall be limited to what is strictly necessary for the purpose of complying with the requirements of this Directive. In particular, collecting personal data for commercial purposes shall be strictly prohibited.
Amendment 162 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) It is of utmost importance that investment co-financed by the Community budget fulfils the highest standards to prevent financial crimes including corruption and tax evasion. The European Investment Bank therefore has adopted in 2008 an internal guideline entitled "Policy on preventing and deterring prohibited conduct in European Investment Bank activities" on the legal basis of Article 325 TFEU, Article 18 of the EIB Statute and of the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002. Following the adoption of the policy the EIB shall report on suspicions or alleged cases of money laundering affecting EIB supported projects, operations and transactions to the Luxembourg Financial Intelligence Unit.
Amendment 165 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that obliged entities carry out sufficient monitoring of the transaction or business relationship to enable the detection of unusual or suspicious transactions. Obliged entities must identify their customers and the beneficial owner(s) of their customers in accordance with Article 11(a) and (b) before identifying a business relationship as lower risk.
Amendment 172 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall require obliged entities to examine, as far as reasonably possible, the background and purpose of all complex, unusual large transactions, and all unusual patterns of transactions, which have no apparent economic or lawful purpose. In particular, they shall increase the degree and nature of monitoring of the business relationship, in order to determine whether those transactions or activities appear unusual or suspicious.
Amendment 175 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 (new)
Article 18 – paragraph 1 – subparagraph 1 (new)
In order to facilitate this, Member States shall set up national registers of politically exposed persons.
Amendment 186 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
(d) real estate agents, including letting agents if they are involved in financial transactions concerned with the sale or purchase of real estate;
Amendment 186 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. This information must include: a) the company name, company number, proof of incorporation, legal form and status, the address of the registered office (and the of the principle place of business if different from the registered office), the basic regulating powers (e.g. memorandum & articles of association), a list of directors (including their nationality and date of birth). b) a list of its shareholders or members, containing the names of the shareholders and members, and number of shares held by each shareholder, and categories of shares (including the nature of the associated voting rights). For shareholders who are natural persons the list shall include their name, date of birth and nationality. For shareholders who are corporate or legal entities, the list shall include their name, company number and jurisdiction of incorporation. c) If a company's beneficial owner is different from its shareholders, a list of the beneficial owner(s), including their name, date of birth, nationality and country of residence. If relevant, this list should include their proportion of shareholding or control.
Amendment 190 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member States shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entitiesis collected in centralised registers that are publicly available via the internet.
Amendment 204 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that trustees of any express trust governed under their law obtain and hold adequate, accurate and current information on beneficial ownership regarding the trust. This information shall include the identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust, including the name, nationality and date of birth all individuals.
Amendment 205 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member States shall ensure that all trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the ths governed under their law register the information listed in paragraph 1 of this Article in a registry of trusts that is online accessible for the public, and that this information is adequate, accurate and up-to-date. There should set out in points (b), (c) and (d) of Article 10be appropriate administrative sanctions for individuals who provide fraudulent information.
Amendment 207 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point f
Article 3 – paragraph 1 – point 4 – point f
(f) all offences, including tax crimes related to direct taxes and indirect taxes, which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or more, as regards those States which have a minimum threshold for offences in their legal system, all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months or more;
Amendment 207 #
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 211 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Amendment 224 #
Proposal for a directive
Article 41 – paragraph 2 a (new)
Article 41 – paragraph 2 a (new)
2a. Data regarding the number of crossborder requests for information that were made by the FIU, received by the FIU, declined by the FIU and responded to in part or in full by the FIU.
Amendment 225 #
Proposal for a directive
Article 41 – paragraph 2 – point b
Article 41 – paragraph 2 – point b
(b) data measuring the reporting, investigation and judicial phases of the national anti-money laundering and terrorist financing regime, including the number of suspicious transaction reports made to the FIU, the follow-up given to these reports and, on an annual basis, the number of cases investigated, the number of persons prosecuted, the number of persons convicted for money laundering or terrorist financing offences and the value in euro of property that has been frozen, seized or confiscated. The collected data shall be disaggregated by type of criminal activity.
Amendment 237 #
Proposal for a directive
Article 54 – paragraph 1 – point a (new)
Article 54 – paragraph 1 – point a (new)
(a) The Commission shall ensure that any trade agreement with third countries includes the appropriate means to fight financial crimes and illicit capital flows from and to those countries. To this end, free trade agreements with third countries shall as a general rule include automatic data exchange including on capital flows and taxation, effective cooperation with the financial authorities and shall accordingly be re-negotiated if they do not include such measures.
Amendment 243 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 258 #
Proposal for a directive
Article 59 – paragraph 1
Article 59 – paragraph 1
Within four years after the date of entry into force of this Directive, the Commission shall draw up a report on the implementation of this Directive and submit it to the European Parliament and the Council. The report shall include an assessment on the effects of trade agreements between EU and third countries regarding the fight against financial crimes and recommendations for current and future trade agreements to effectively prevent financial crimes between
Amendment 262 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall make the opinion publicly available to assist Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing.
Amendment 282 #
Proposal for a directive
Article 8 – paragraph 4 – point a
Article 8 – paragraph 4 – point a
(a) the development of internal policies, procedures and controls, including customer due diligence, reporting, record keeping, internal control, compliance management (including, when appropriate to the size and nature of the business, the appointment of a compliance officer at management level) and employee screening. In any case, these measures shall not allow these obliged entities to ask consumers to provide more personal data than necessary or deny access to financial services to some categories of consumers both at national and cross- border level.;
Amendment 304 #
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
Article 10 – paragraph 1 – point f a (new)
(fa) whenever a company is established.
Amendment 309 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – 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; it shall however be strictly forbidden to require the customer to reside or to have proven links in the country where the business relationship is to be established or the transaction carried-out;
Amendment 314 #
Proposal for a directive
Article 11 – paragraph 1 a
Article 11 – paragraph 1 a
1a. EBA, EIOPA and ESMA shall issue guidelines addressed to competent authorities and the obliged entities referred to in Article 2(1)(1) and (2) on the types of documents, data and information that could be asked to the customer and the beneficial owner and which are strictly necessary to comply with this article. These guidelines shall be issued within 2 years of the date of entry into force of this Directive;
Amendment 317 #
Proposal for a directive
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. The personal data collected shall be limited to what is strictly necessary for the purpose of complying with the requirements of this Directive. In particular, collecting personal data for commercial purposes shall be strictly prohibited.
Amendment 330 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Obliged entities must identify their customers and the beneficial owner(s) of their customers in accordance with Article 11(a) and (b) before identifying a business relationship as lower risk.
Amendment 335 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall require obliged entities to examine, as far as reasonably possible, the background and purpose of all complex, unusual large transactions, and all unusual patterns of transactions, which have no apparent economic or lawful purpose. In particular, they shall increase the degree and nature of monitoring of the business relationship, in order to determine whether those transactions or activities appear unusual or suspicious.
Amendment 342 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
In order to facilitate this, Member States shall set up national registers of politically exposed persons.
Amendment 364 #
Proposal for a directive
Article 29 – paragraph 2 c (new)
Article 29 – paragraph 2 c (new)
2c. The information referred to in paragraphs 1 and 1a of this Article shall include but not be limited to information on the beneficial owner's full name, date of birth, the means of exercising control over the company, contact details (for instance a business/service address) and information detailing the legal shareholders.
Amendment 382 #
Proposal for a directive
Article 29 – paragraph 2 b (new)
Article 29 – paragraph 2 b (new)
2b. Registers referred to in paragraph 1 of this Article shall be interconnected and accessible by competent authorities, obliged entities and members of the public from other Member States.
Amendment 394 #
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. The information referred to in paragraphs 1 and 1a of this Article shall be accessible by competent authorities, obliged entities and members of the public in a timely manner. The information should be available online in an open data format.
Amendment 419 #
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The FIU shall be established as a central national unit. It shall be responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of information which concern potential money laundering or associated predicate offences, including tax crimes, potential terrorist financing or are required by national legislation or regulation. The FIU shall be provided with adequate financial, technical and human resources in order to fulfil its tasks. Member States shall ensure that the FIU is free from undue interference.
Amendment 452 #
Proposal for a directive
Article 41 – paragraph 2 – point b
Article 41 – paragraph 2 – point b
(b) data measuring the reporting, investigation and judicial phases of the national anti-money laundering and terrorist financing regime, including the number of suspicious transaction reports made to the FIU, the follow-up given to these reports and, on an annual basis, the number of cases investigated, the number of persons prosecuted, the number of persons convicted for money laundering or terrorist financing offences and the value in euro of property that has been frozen, seized or confiscated. The collected data shall be disaggregated by type of criminal activity.
Amendment 461 #
Proposal for a directive
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3a. Member States shall require that obliged entities appoint the member(s) of the management board who are responsible for the implementation of the laws, regulations and administrative provisions necessary to comply with this Directive.
Amendment 493 #
Proposal for a directive
Article 54 a (new)
Article 54 a (new)
Article 54a Trade agreements with third countries The Commission shall ensure that any trade agreement with third countries includes the appropriate means to fight financial crimes and illicit capital flows from and to those countries. To this end, free trade agreements with third countries shall as a general rule include automatic data exchange including on capital flows and taxation, effective cooperation with the financial authorities and shall accordingly be re-negotiated if they do not include such measures.
Amendment 521 #
Proposal for a directive
Article 59 – paragraph 1
Article 59 – paragraph 1
Within four years after the date of entry into force of this Directive, the Commission shall draw up a report on the implementation of this Directive and submit it to the European Parliament and the Council. The report shall include an assessment on the effects of trade agreements between EU and third countries regarding the fight against financial crimes and recommendations for current and future trade agreements to effectively prevent financial crimes.
Amendment 530 #
Proposal for a directive
Annex 2 – paragraph 1 – point 2 – point e a (new)
Annex 2 – paragraph 1 – point 2 – point e a (new)
(ea) long-term purpose-orientated savings agreements, serving for instance as a safeguard for retirement provision or for the acquisition of self-used real estate, and where the incoming payments are made from an account which is identified in accordance with Articles 11 and 12 of the Directive.