14 Amendments of Rebecca TAYLOR related to 2013/0025(COD)
Amendment 23 #
Proposal for a directive
Recital 7
Recital 7
(7) Legal professionals, as defined by the Member States, should be subject to the provisions of this Directive when participating in financial or corporate transactions, including providing tax advice, where there is the greatest risk of the services of those legal professionals being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing, terrorist financing, criminal activity as defined in Article 3(4) or aggressive tax avoidance. There should, however, be exemptions from any obligation to report information obtained either before, during or after judicial proceedings, or in the course of ascertaining the legal position of a client. Thus, legal advice should remain subject to the obligation of professional secrecy unless the legal counsellor is taking part in money laundering or, terrorist financing, criminal activity as defined in Article 3(4) or aggressive tax avoidance, the legal advice is provided for money laundering or, terrorist financing purposes, criminal activity as defined in Article 3(4) or aggressive tax avoidance, or the lawyer knows that the client is seeking legal advice for money laundering or, terrorist financing purposes or criminal activity as defined in Article 3 (4) or aggressive tax avoidance.
Amendment 25 #
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 retain information on their beneficial ownership, maintain central registers, and make this information available to competent authorities an, obliged entities, and, in the case of listed obliged entities, to the public. In addition, trustees should declare their status to obliged entities.
Amendment 37 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point f
Article 2 – paragraph 1 – point 3 – point f
(f) providers of gambling services.casinos;
Amendment 38 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point f a (new)
Article 2 – paragraph 1 – point 3 – point f a (new)
(fa) on-line gambling;
Amendment 39 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point f b (new)
Article 2 – paragraph 1 – point 3 – point f b (new)
(fb) other providers of gambling services which carry a high risk of being used for money laundering;
Amendment 40 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point e a (new)
Article 3 – paragraph 1 – point 4 – point e a (new)
(ea) tax crimes related to direct taxes and indirect taxes;
Amendment 41 #
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 42 #
Proposal for a directive
Article 3 – paragraph 1 – point 7 – point d – point ii
Article 3 – paragraph 1 – point 7 – point d – point ii
(ii) members of parliaments or other legislative bodies;
Amendment 49 #
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 50 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall make the results of their risk assessments publicly available to the other Member States, the Commission, and EBA, EIOPA and ESMA upon request.
Amendment 53 #
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) for providers of gambling servicecasinos, when carrying out occasional transactions amounting to EUR 2 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked; for on-line gambling when establishing the business relationship; for other providers of gambling services which carry a high risk of being used for money laundering;
Amendment 56 #
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 entitiesand efficient manner by Union and international competent authorities and by obliged entities. Member States shall seek to constructively cooperate whenever possible and should maintain central registries of company beneficial ownership. Information of beneficial ownership of listed companies shall be made public.
Amendment 65 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Member States shall take all appropriate measures in order to protect employees of the obliged entityensure that the obliged entities prevent their own employees who report suspicions of money laundering or terrorist financing either internally or to the FIU from being exposed to threats or hostile action, including termination of employment, and that these should be provided with adequate legal protection if required.
Amendment 74 #
Proposal for a directive
Article 57 – paragraph 1
Article 57 – paragraph 1
1. Member States shall ensure that competent authorities publish any sanction or measure imposed for breach of the national provisions adopted in the implementation of this Directive without undue delay including information on the type and nature of the breach and the identity of persons responsible for it, unless such publication would. Where the publication of this information could cause seriously jeopardisey to the stability of the financial markets. Where publication w, or could cause a disproportionate damage to the parties involved, competent authorities shall publish the sanctMember States may decide to publish the information on an anonymous basis, and if so, shall request for approval of the Commission. Member States shall apply to the Commission for approval of anonymous publication. The application must include detailed economic analysis supporting the Member State's request. The Commission will have 15 working days to refuse the approval request for the information to be published anonymously. If the Commission has not responded within the 15 working days, the request will have be deemed to be accepted, and the Member States shall then publish the sanctions or measures imposed for breach of the national provisions on an anonymous basis.