BETA

34 Amendments of Ernest URTASUN related to 2021/0239(COD)

Amendment 134 #
Proposal for a regulation
Recital 6 a (new)
(6a) The possibility enabled by the distributed ledger technology to perform transactions in crypto-assets on a peer-to- peer basis using so called “unhosted wallets” could also pose specific ML/TF risks, since no obliged entity is involved in preventing criminals from laundering the proceeds of illegal activities or from financing terrorist activities or from circumventing targeted financial sanctions. Therefore, although unhosted wallets may be used to perform licit activities and transactions are visible on public ledgers, criminals may exploit the lack of obliged entities, combined with the advantages offered by the DLT technology in terms of possible anonymity, global reach and speed, to obscure the proceeds of crime, finance terrorist activities or circumvent targeted financial sanction. It is therefore appropriate to introduce a limit of 1000 Euros to transactions made through unhosted wallets where they are used for the purpose of trade, business of profession, unless the customer or beneficial owner of the unhosted wallet can be identified.
2022/07/04
Committee: ECONLIBE
Amendment 140 #
Proposal for a regulation
Recital 11 a (new)
(11a) Decentralised Autonomous Organisations (DAO) and other Decentralised Finance (DeFi) arrangements should also be subject to Union AML/CFT rules where they are controlled directly or indirectly, including through smart contracts or voting protocols, by natural and legal persons. In such cases, decentralised organisations or arrangements should be considered crypto-asset service providers falling in the scope of Regulation [please insert reference – proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937 - COM/2020/593 final] and this Regulation, regardless of the commercial label or their self-identification as DAO or DeFi. Developers, owners or operators should assess risks of money laundering and terrorist assessments before launching or using a software or platform and take appropriate measures in order to mitigate money laundering and terrorist financing risks in an ongoing and forward-looking manner.
2022/07/04
Committee: ECONLIBE
Amendment 161 #
Proposal for a regulation
Recital 23
(23) The FATF has developed standards for jurisdictions to identify, and assess the risks of potential non-implementation or evasion of the targeted financial sanctions related to proliferation financing, and to take action to mitigate those risks. Those new standards introduced by the FATF today do not substitute nor undermine the existing strict requirements for countries to implement targeted financial sanctions to comply with the relevant United Nations Security Council Regulations relating to the prevention, suppression and disruption of proliferation of weapons of mass destruction and its financing. Those existing obligations, as implemented at Union level by Council Decisions 2010/413/CFSP31 and (CFSP) 2016/84932 as well as by Council Regulations (EU) No 267/201233 and (EU) 2017/150934 , remain strict rule-based obligations binding on all natural and legal persons within the Union. The same approach should apply with regard to targeted financial sanctions relating to terrorism and terrorism financing, and to other applicable Union targeted financial sanctions. _________________ 31 2010/413/CFSP: Council Decision of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39). 32 Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79). 33 Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ L 88, 24.3.2012, p. 1). 34 Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (OJ L 224, 31.8.2017, p. 1).
2022/07/04
Committee: ECONLIBE
Amendment 162 #
Proposal for a regulation
Recital 23 a (new)
(23a) The Union legislation does not currently include provisions that describe the systems and controls that financial institutions, payment service providers or crypto-asset service providers should have to have in place to comply with targeted financial sanctions obligations. Where the legislation provides for certain exemptions from customer due diligence measures or from the obligation to obtain information on the payer or the payee in the context of funds transfers, there may be an apparent conflict between risk- based exemptions and the absolute requirement to comply with applicable sanctions regimes, which is an obligation of result. According to the assessment conducted by the European Banking Authority, there are different interpretations across Member States on the obligations on payment service providers to screen the payer or the payee against sanctions lists, as each payment service provider is expected to screen only its customer in some Member States, whereas, in others, each payment service provider has to screen both the payer and the payee. This situation could create regulatory arbitrage and gaps which could weaken the Union targeted financial sanctions regime. It is therefore necessary to establish common standards on the measures that financial institutions, payment service providers or crypto-asset service providers should take to comply with their financial sanctions obligations and clarify how they should comply with their obligations under the Union targeted financial sanctions regime, in particular in situations where certain exemptions from customer due measures and from the obligation to obtain information on the payer or the payee or on the originator or the beneficiary in the context of transfers of funds or crypto-assets are applied, as well as in situations where it may not be possible to identity with sufficient certainty the customer or beneficial owner, in particular when a transaction or a transfer involves an unhosted wallet or an unregulated entity.
2022/07/04
Committee: ECONLIBE
Amendment 166 #
Proposal for a regulation
Recital 24 a (new)
(24a) Designations made by the United Nations Security Council which impose restrictive measures in response to a threat are not immediately enforceable by the Union. Those UN sanctions become eventually applicable in the Union not immediately, but following a due process leading to the adoption of Union measures imposing targeted financial sanctions against designated persons. During the period where the information on sanctioned persons becomes public, and the actual application of EU targeted financial sanctions, there is a risk of asset flight. For this reason, some Member States decided at national level that UN designations become immediately applicable until the adoption of similar measures by the Union while other Member States may rely on preventative measures. However, there are no common rules at Union level and fragmented measures at national level. Hence, it is necessary to ensure appropriate common mitigating measures when no appropriate measures are in place at national level in order to manage the money laundering and terrorist financing risks identified following a UN designation. UN designations are made following a threat to international peace that can emanate from terrorist activities, violation of human rights and other predicate offences. Obliged entities should consider the enhanced risks of money laundering and terrorist financing posed by persons designated by the UN pending the review of this information of the Union, or before the actual entering into force of Union targeted financial sanctions. During this period time, obliged entities should report to the competent FIU any business relationship or transaction with persons considering the suspicion of money laundering, terrorist financing or predicate offence emanating from the UN listing. The FIU should decide to suspend any transaction, withhold its consent, or suspend any account until the review of the information and the adoption, or not, of targeted financial sanctions by the Union. Such measure is without prejudice of the possibility of Member States to apply temporary measures which ensure a higher level of protection of the financial system of the Union such as temporary measures applying directly UN designations pending the adoption of measures by the Union.
2022/07/04
Committee: ECONLIBE
Amendment 237 #
Proposal for a regulation
Recital 93
(93) The anonymity of crypto-assets exposes them to risks of misuse for criminal purposes. AnonymousPrivacy crypto- asset wallets, mixers and tumblers do not allow the traceability of crypto-asset transfers, whilst also making it difficult to identify linked transactions that may raise suspicion or to apply to adequate level of customer due diligence. In order to ensure effective application of AML/CFT requirements to crypto-assets, it is necessary to prohibit the provision and the custody of anonymousprivacy crypto-asset wallets as well as the provision and use of mixers and tumblers by crypto-asset service providers.
2022/07/04
Committee: ECONLIBE
Amendment 279 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19 – point b a (new)
(ba) the relationships between and among crypto-asset service providers and which is expected, at the time when the contact is established, to have an element of duration, including where similar services are provided by a correspondent institution to a respondent institution, and including relationship established for crypto-asset transfers;
2022/07/04
Committee: ECONLIBE
Amendment 353 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point i a (new)
(ia) persons and platforms, other than crypto-asset service providers, trading or acting as intermediaries for importing, minting, sale and purchase of unique and not fungible crypto-assets that represent ownership of a unique digital or physical asset, including works of art, real estate, digital collectibles and gaming items and any other valuable;
2022/07/04
Committee: ECONLIBE
Amendment 484 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
(ca) obtain and assess information on whether the customer or the beneficial owner is persons involved are subjected to targeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Union targeted financial sanctions;
2022/07/05
Committee: ECONLIBE
Amendment 490 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
2a. Without prejudice to any other measures required to comply with the obligation to apply targeted financial sanctions, credit and financial institutions and crypto-asset service providers shall screen the customer’s identity as well as the beneficial owner’s identity against the relevant sanctions lists of designated persons in order to verify that the customer is not a designated individual, entity or group subject to targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 494 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
3a. AMLA shall issue guidelines on the measures to be applied by obliged entities for assessing whether the customer or the beneficial owner is subject to targeted financial sanction, including how to identify entities controlled by persons subject to targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 566 #
Proposal for a regulation
Article 21 a (new)
Article 21a Timing of the assessment whether the customer and the beneficial owner is subject to targeted financial sanctions 1. Credit and financial institutions and crypto-asset service providers shall assess whether the customer and the beneficial owner is subject to targeted financial sanctions when verifying the identity of the customer and the beneficial owner pursuant to Article 19. 2. In addition to the requirements set in Paragraph 1 and without prejudice to any other measures required by Union law relating to targeted financial sanctions, obliged entities shall assess on a regular basis whether any existing customer or beneficial owner is subject to targeted financial sanctions. 3. Without prejudice to any other measures required to comply with the obligation to apply targeted financial sanctions, credit and financial institutions and crypto-asset service providers shall screen the identity of their existing customers and beneficial owners each time when targeted financial sanctions are adopted by the Union. 4. In case an obliged entity identifies, in the course of its customer due diligence requirements, that a customer or beneficial owner is subject to targeted financial sanctions, it shall immediately notify the competent authority accordingly. 5. AMLA shall issue guidelines on the measures to be applied by obliged entities for assessing whether the customer or the beneficial owner is subject to targeted financial sanctions. Those guidelines shall include the following elements: a) risk-based procedures to be established by obliged entities in order to assess whether the customer or the beneficial owner is subject to targeted financial sanctions; b) the extent, timing and procedures for screening measures to be applied by credit and financial institutions and crypto-asset service providers with regard to existing customers or when entering into a new business relationship; c) the conditions to be fulfilled for identifying entities controlled by persons subject to targeted financial sanctions; d) the notification measures to competent authorities in case an obliged entity identifies a customer or a beneficial owner subject to targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 599 #
Proposal for a regulation
Article 25 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 60 identifying third countries that pose a specific and serious Where AMLA has clear and demonstrable grounds for concluding that a third country other than those covered by Articles 23 and 24, or a credit institution, financial institution or a crypto-asset service provider operating outside the Union, poses a specific and serious threat to the financial system of the Union in accordance with paragraph 2, it shall be empowered to take one or more of the following actions: a) require obliged entities to apply enhanced due diligence measures listed in Article 28(4), points (a) to (g) with respect to the business relationships or occasional transactions involving natural or legal persons from a third country; or b) require obliged entities to apply enhanced due diligence measures listed in Article 30 or 30a with reaspect to the financial system of the Union and the proper functioning of the internal market other than those covered by Articles 23 and 24. business relationships involving a non- EU credit or financial institution or a crypto-asset service provider; or c) recommend the adoption of the specific countermeasures mitigating the risks stemming from high-risk third countries or entities listed in Article 29, 30 and 31a. For the purpose of point c) AMLA shall draw up regulatory technical standards to specify the identified appropriate countermeasures and submit them to the Commission for adoption. AMLA shall publicly disclose the third countries and non-EU entities identified as posing a threat to the Union.
2022/07/05
Committee: ECONLIBE
Amendment 604 #
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
2. The Commission, when drawWhen taking up the delegated actsaction referred to in paragraph s1, AMLA shall take into account in particular the following criteria, with respect to a non-EU jurisdiction:
2022/07/05
Committee: ECONLIBE
Amendment 612 #
Proposal for a regulation
Article 25 – paragraph 2 – point c a (new)
(ca) the quality and effectiveness of financial supervision; (d) the existence of a regulatory framework for crypto-assets service providers; (e) the extent to which that jurisdiction is identified by credible sources/ acknowledged processes as favouring secrecy, such as offshore centres; (f) the extent to which that jurisdiction is characterized by high levels of official or institutional corruption; (g) the recurrence of the involvement of the third country into money laundering and terrorist financing schemes.
2022/07/05
Committee: ECONLIBE
Amendment 615 #
Proposal for a regulation
Article 25 – paragraph 2 a (new)
2a. When taking the action The Commission, when drawing up the delegated acts referred to in paragraph 1, AMLA shall take into account in particular the following criteria, with respect to a non-EU credit institution, financial institution or crypto-asset service provider: (a) the level of involvement of such entity into money laundering and terrorist financing schemes; (b) evidence of connections with organized criminal groups and international terrorists; (c) whether the entity implements minimum customer due diligence procedures; (d) whether the entity is used for legitimate business purposes in the jurisdiction; and (e) whether the entity mainly provides products and services prohibited in the Union, such as anonymous accounts, privacy wallets and other anonymising services such as mixers or tumblers.
2022/07/05
Committee: ECONLIBE
Amendment 616 #
Proposal for a regulation
Article 25 – paragraph 3
3. For the purposes of determining the level of threat referred to in paragraph 1, the Commission may request AMLAWhere relevant, for the purpose of identifying credit or financial institution or crypto-asset service provider posing a threat to the Union, AMLA may request information and cooperate with third supervisory authorities, FIUs and Europol, as appropriate. For the purposes of determining the level of threat referred to in paragraph 1 and identifying specific countermeasures, AMLA may request EBA, ESMA or EIOPA, as appropriate, to adopt an opinion aimed at assessing the specific impact on the orderly functioning and integrity of the Union’s financial system due to the level of threat posed by a third country. or by a credit institution, financial institution or crypto-asset service provider or the impact to the stability of the whole or part of the financial system, taking account of the degree of exposure of the Union to a specific non-EU financial institution. When taking action against a credit or financial institution under this Article, AMLA shall consult ESMA and ensure that the action does not have a detrimental effect on the efficiency of the financial sector or on investors that is disproportionate to the benefits of the action.
2022/07/05
Committee: ECONLIBE
Amendment 623 #
Proposal for a regulation
Article 25 – paragraph 4
4. The Commission, when drawing up the delegated act is empowered to adopt the regulatory technical standards referred to in paragraph 1, shall takc (new) of this Article into account in particular relevant evaluations, assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financingrdance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final]. In case of significant divergences with AMLA, the Commission shall adopt a reasoned analysis, which shall be publicly available.
2022/07/05
Committee: ECONLIBE
Amendment 629 #
Proposal for a regulation
Article 25 – paragraph 7 a (new)
7a. Following a request from the European Parliament or the Council, AMLA shall analyse whether a third country or non-EU entity poses a specific and serious threat to the financial system of the Union and the proper functioning of the internal market and submit a report to the requesting institution within 30 days of receipt of the request stating the reasons for its decision as to whether a delegated act should be adopted in accordance with paragraph 1, taking into account public revelations and relevant evaluations, assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing.
2022/07/05
Committee: ECONLIBE
Amendment 672 #
Proposal for a regulation
Article 29 – paragraph 1 – point b – point v
(v) requiring credit and financial institutions and crypto-asset service providers to review and amend, or if necessary terminate, correspondent relationships with respondent institutions in the third country concerned.
2022/07/05
Committee: ECONLIBE
Amendment 677 #
Proposal for a regulation
Article 30 a (new)
Article 30a Specific enhanced due diligence measures for correspondent relationships with non- EU entities providing crypto-asset services 1. With respect to correspondent relationships with entities providing crypto-asset services that are not registered in the Union, including relationships established for crypto-asset transactions or transfers, involving the execution of transfers with a respondent institution, in addition to the customer due diligence measures laid down in Article 16, crypto-asset service providers shall be required, on a risk-sensitive basis, and when entering into a business relationship, to: (a) document how they identify whether the respondent institution is an entity registered in the Union; (b) determine if the respondent institution is licensed or registered; (c) gather sufficient information about the respondent institution to understand fully the nature of the respondent's business and to determine from publicly available information the reputation of the institution and the quality of supervision; (d) assess the respondent institution's AML/CFT controls; (e) obtain approval from senior management before establishing new correspondent relationships; (f) document the respective responsibilities of each institution; (g) with respect to accounts or distributed ledger addresses hosted by the correspondent institution that can be directly by customers of the respondent institution on the customer’s own behalf, be satisfied that the respondent institution has verified the identity of, and performed ongoing due diligence on, such customers and that it is able to provide relevant customer due diligence data to the correspondent institution, upon request. Where crypto-asset service providers decide to terminate correspondent relationships for reasons relating to anti- money laundering and counter-terrorist financing policy, they shall document their decision. 2. Crypto-asset service providers shall update the due diligence information for the correspondent relationship on a regular basis or when new risks emerge in relation to the respondent institution. 3. Crypto-asset service providers shall take into account the information referred to in the first paragraph in order to determine, on a risk sensitive basis the appropriate enhanced due diligence measures required to mitigate the risks associated with the respondent institution. 4. By [2 years from the date of entry into force of this Regulation], AMLA shall issue guidelines to specify the following: the criteria to be taken into account for the determination of a correspondent relationship; the criteria and common template for conducting the assessment referred to in paragraph 1; the risk variables and risk factors criteria to be taken into account to assess the level of risk associated with a particular category of crypto-asset service provider.
2022/07/05
Committee: ECONLIBE
Amendment 678 #
Proposal for a regulation
Article 31 a (new)
Article 31a Prohibition of correspondent relationships with unregistered and unlicensed entities providing crypto-asset services Crypto-asset service providers shall not enter into or continue a correspondent relationship with unregistered and unlicensed entities providing crypto-asset services. Crypto-asset service providers shall take appropriate measures to ensure that they do not engage in or continue correspondent relationships with an entity that is known to allow its accounts or distributed ledger addresses to be used by an unregistered and unlicensed entity. AMLA shall set up and maintain a non- exhaustive public register of unregistered and unlicensed entities providing crypto- asset services operating within and outside the Union based on information provided by competent authorities, third country supervisors and any additional information at its disposal. That register shall be publicly available in machine-readable format and shall be updated on a regular basis.
2022/07/05
Committee: ECONLIBE
Amendment 695 #
Proposal for a regulation
Article 32 b (new)
Article 32b Specific provisions regarding transfers of crypto-assets directed to or originating from a non-custodial crypto-asset wallet 1. In addition to the customer due diligence measures laid down in Article 16, crypto-asset service providers shall have in place appropriate risk management systems, including risk- based procedures, to identify and assess the risk of money laundering and financing of terrorism associated with transfers of crypto-assets directed to or originating from a non-custodial crypto- asset wallet and shall apply measures commensurate with the risks identified to mitigate them. 2. With respect to such transfers, crypto- asset service providers shall apply the following measures: (a) take adequate measures to verify through suitable technical means whether the distributed ledger address is owned or controlled by their customers; (b) take risk-based measures to establish the identity of the third party or beneficial owner of the third party distributed ledger address, through suitable technical means, including the possibility to rely on third party verification; (c) where the verification of a third party distributed address is not technically feasible, adopt appropriate alternative measures to mitigate and manage the risks of money laundering and financing of terrorism as well as the risk of non- implementation and evasion of targeted financial sanctions and proliferation financing-related targeted financial sanctions; (d) conduct enhanced monitoring of those transactions. 3. By [2 years from the date of entry into force of this Regulation], AMLA shall issue draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify the following: (a) the criteria for the verification of the ownership of control of distributed ledger address by the customer; (b) the criteria for the identification of a third party distributed ledger address, taking into account of technological developments, in particular with regard to the establishment of an Union-wide framework for a secure and trusted means of digital identification and verification, including interoperable digital signatures, to enable access to digital services, including with respect to transfers through unhosted wallets; (c) the enhanced due diligence measures associated with the level of risk of transfers with distributed ledger addresses not linked with a crypto-asset service provider, including systematic reporting of transactions, enhanced scrutiny for specific transaction patterns, additional controls or restrictions. 4. The Commission is empowered to supplement this Regulation by adopting the regulatory technical standards referred to in paragraph 3 of this Article in accordance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].
2022/07/05
Committee: ECONLIBE
Amendment 704 #
Proposal for a regulation
Article 36 a (new)
Article 36a Persons subject to restrictive measures by international organisations 1. Obliged entities shall report to the competent FIU any business relationship or transaction with persons subject to UN sanctions in the temporary period between the moment the UN designation is made publicly available and the moment targeted financial sanctions adopted by the Union become applicable. Obliged entities shall refrain from carrying out any transaction related to a person subject to UN sanctions until they have notified the competent FIU and have complied with any further specific instruction from the FIU. 2. When the competent FIU receives such a notification referred to in Paragraph 1, it shall decide to suspend any transaction, withhold its consent or suspend any account up to 10 calendar days or until the adoption of targeted financial sanctions by the Union. 3. This Article is without prejudice to the possibility of Member States to apply temporary measures which ensure a higher level of protection of the financial system of the Union such as temporary measures applying directly UN designations pending the adoption of EU targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 707 #
Proposal for a regulation
Article 37 a (new)
Article 37a Monitoring of transactions with regard to risks posed by targeted financial sanctions 1. Without prejudice to any other measures required by Union law relating to targeted financial sanctions, credit and financial institutions and crypto-asset service providers shall screen the information accompanying a transfer of funds or crypto-asset pursuant to [please insert reference – Regulation on information accompanying transfers of funds and certain crypto-assets (Recast)] in order to assess whether the payee or the payer of a funds transfer, or the originator or the beneficiary of a transfer of crypto-assets, are subject to targeted financial sanctions. By [2 years after the entry into force of this Regulation] AMLA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify: (a) which information shall be screened by the credit or financial institution of the payer as well as the relevant obligations of this institution; (b) which information shall be screened by the credit or financial institution of the payee as well the relevant obligations of this institution; (c) which information shall be screened by the crypto-asset service provider of the originator as well the relevant obligations of this provider; (d) which information shall be screened by the crypto-asset service provider of the beneficiary as well the relevant obligations of this provider. The Commission is empowered to supplement this Regulation by adopting the regulatory technical standards referred to in paragraphs 1 and 3 of this Article in accordance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].
2022/07/05
Committee: ECONLIBE
Amendment 911 #
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
1. Credit institutions, financial institutions and crypto-asset service providers shall be prohibited from keeping anonymous accounts, anonymous passbooks, anonymous safe-deposit boxes or anonymous crypto-asset wallets as well as any accountprivacy wallets, mixers and tumblers, otherwise allowing for the anonymisation of the customer account holder or any service that uses encryption and anonymisation tools to obfuscate transactions.
2022/07/05
Committee: ECONLIBE
Amendment 941 #
Proposal for a regulation
Article 59 a (new)
Article 59a Transfers in crypto-assets without the involvement of a crypto-asset service provider 1. Persons trading in goods or providing services may accept or make a transfer in crypto-assets from a distributed ledger address not linked to a crypto-asset service provider only up to an amount equivalent to EUR 1 000, whether the transaction is carried out in a single operation or in several operations which appear to be linked, unless the customer or beneficial owner of the distributed ledger address can be identified. 2. The limit referred to in paragraph 1 shall not apply to: (a) transfers of crypto-assets between natural persons who are not acting in a professional function; (b) transfers of crypto-assets involving a crypto-asset service provider. 3. Member States shall ensure that appropriate measures, including sanctions, are taken against natural or legal persons acting in their professional capacity which are suspected of a breach of the limit set out in paragraph 1. 4. The overall level of the sanctions shall be calculated, in accordance with the relevant provisions of national law, in such way as to produce results proportionate to the seriousness of the infringement, thereby effectively discouraging further offences of the same kind.
2022/07/05
Committee: ECONLIBE
Amendment 968 #
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point b
(b) products or transactions that might favour anonymity, including anonymity- enhanced cryptocurrency (AEC) or privacy coins;
2022/07/05
Committee: ECONLIBE
Amendment 969 #
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point b a (new)
(ba) anonymising services and tools, including privacy wallets, mixers and tumblers as well as Internet Protocol (IP) anonymizers such as The Onion Router (Tor), the Invisible Internet Project (I2P) and other anonymizing softwares;
2022/07/05
Committee: ECONLIBE
Amendment 972 #
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point e
(e) transactions related to oil, arms, precious metals, tobacco products, cultural artefactand stones or jewels and luxury watches, tobacco products, luxury real estate and luxury cars, vessels, aircrafts, cultural artefacts, high value digital collectibles and other items of archaeological, historical, cultural and religious importance, or of rare scientific value, as well as ivory and protected species;
2022/07/05
Committee: ECONLIBE
Amendment 974 #
Proposal for a regulation
Annex III – paragraph 1 – point 2 a (new)
(2a) counterpart risk factors: (a)transactions from or to an non obliged entity, such as unhosted wallets, unregistered or unlicensed entities providing crypto assets services and decentralised arrangements; (b)entities identified as not applying minimum customer due diligence procedures; (c)entities identified by credible sources/acknowledged process, as having strong connections and links to money laundering, terrorist financing and other illegal activities, including darknet marketplaces, ransomware and hacking; (d)crypto-ATMs.
2022/07/05
Committee: ECONLIBE
Amendment 976 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point a a (new)
(aa) third countries identified by the Union as high risk third countries or included in the EU list of non-cooperative jurisdictions for tax purposes;
2022/07/05
Committee: ECONLIBE
Amendment 978 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b a (new)
(ba) third countries identified by credible sources/ acknowledged processes as having none or inadequate regulation on crypto-asset service providers;
2022/07/05
Committee: ECONLIBE
Amendment 980 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point c a (new)
(ca) third countries identified by credible sources/ acknowledged processes as favouring financial secrecy, such as offshore centres;
2022/07/05
Committee: ECONLIBE