BETA

43 Amendments of Hugues BAYET related to 2016/0208(COD)

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
"(a) auditors, external accountants and tax advisors;" (-1) in point (3) of Article 2(1), point (a) is replaced by the following: "(a) auditors, external accountants and tax advisors, wealth managers or any other natural or legal persons offering tax- related services and advice;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1481024906782&uri=CELEX:32015L0849)
2016/12/19
Committee: ECONLIBE
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;
2016/12/19
Committee: ECONLIBE
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);
2016/12/19
Committee: ECONLIBE
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");
2016/12/19
Committee: ECONLIBE
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;
2016/12/19
Committee: ECONLIBE
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 main interest the legal arrangement or entity is set up or operates; (iva) any other person mentioned in the trust deed or related document (regardless of any distribution, right, power or interest) (v) any other natural person exercising ultimate control over the trust by means of direct or indirect ownership or by other means;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1481024906782&uri=CELEX:32015L0849)
2016/12/19
Committee: ECONLIBE
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 State-owned enterprisepublic and private enterprises as well as of foundations and any other religious and secular organisations;
2016/12/19
Committee: ECONLIBE
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 relationg to record- keeping; and
2016/12/19
Committee: ECONLIBE
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 transactions; and
2016/12/19
Committee: ECONLIBE
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;
2016/12/19
Committee: ECONLIBE
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point b
(b) the powers and procedures2f) in Article 9(2), point (b) is replaced by the following: (b) the powers, procedures and political independence of the third country's competent authorities for the purposes of combating money laundering and terrorist financing;
2016/12/19
Committee: ECONLIBE
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., including an analysis of governance indicators, such as control of corruption, government effectiveness, political stability and absence of violence/terrorism, regulatory quality, the rule of law and accountability;
2016/12/19
Committee: ECONLIBE
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;
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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.; 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 the entry into force of this amending Directive].
2016/12/19
Committee: ECONLIBE
Amendment 249 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)
Directive 2015/849/EU
Article 20 a (new)
(7b) The following Article 20a is inserted: Article 20a 1. Member States shall enact national legislation providing for the elaboration of lists of Politically Exposed Persons resident in their territory. 2. The Commission, in cooperation and gathering data submitted by Member States and international organisations, shall assemble a list of politically exposed persons resident in the EU. The list shall be accessible by competent authorities and by obliged entities. 3. The above paragraphs shall not exempt obliged entities from their customer due diligence obligations, and obliged entities shall not rely exclusively on that information as sufficient to fulfil those obligations. 4. Member States shall take all appropriate measures to prevent the trade of information for commercial purposes on politically exposed persons, or persons who are or who have been entrusted with a prominent function by an international organisation.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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 timelydirect and unrestricted access by competent authorities and FIUs to all information held in the central register without any restriction or payment of a fee and without alerting the entity concerned. It shall also allow timely access byThe same provisions should apply to obliged entities when taking customer due diligence measures in accordance with Chapter II.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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)
(ca) the following paragraph 10a is added: 10a. Member States shall ensure that corporate and other legal entities incorporated outside their territory and/or their jurisdiction are required to obtain and hold adequate, accurate and current information on their beneficial ownership, including the details of the beneficial interests held, and submit that information to the public register in similar terms as those described in paragraphs 1, 3, 5 and 6 of the Article and in Article 7b of Directive 2009/101/EC in the following circumstances: (a) when the corporate or legal entity opens a bank account or requests a loan in the Member State; (b) when the corporate or legal entity acquires real estate, either by purchase or other legal means, such as donation; (c) when the corporate or legal entity is a party to any commercial transaction whose validity under national law is dependent on a certain formality or validation act, such as certification by a notary. Member States shall provide for adequate sanctions for the failure to comply with the obligation to register in accordance with this paragraph, such as the nullity of the contract.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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 include the identity of: (a) the settlor (s); (b) the trustee (s); (c) the protector (s) (if any); (d) the beneficiaries or class of beneficiaries; (e) exercising effective control over the trust.da) any other person mentioned in the trust deed or related document (regardless of any distribution, right, power or interest); any other natural person
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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;
2016/12/19
Committee: ECONLIBE
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 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 that can demonstrate a legitimate interestor similar legal entities shall be public.
2016/12/19
Committee: ECONLIBE
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 to persons and organisations that can demonstrate a legitimate interest shall consist of the name, the month and yeardate of birth, the nationality and, the country of residence and the nature and extent of the interest held of the beneficial owner as defined in Article 3(6)(b).
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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 Members State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. The FIU shall be a police authority or other law enforcement service or entity which, under national law, is responsible for preventing and combating criminal offences.
2016/12/19
Committee: ECONLIBE
Amendment 369 #
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. 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 building on the European Land Information Service (EULIS).
2016/12/19
Committee: ECONLIBE
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, who report suspicions of money laundering or terrorist financing internally or to the FIU, are legally protected from being exposed to threats or hostile action, and in particular from adverse or discriminatory employment actions.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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 Directive 95/46/ECRegulation (EU) 2016/679.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
Amendment 406 #
Proposal for a directive
Article 1 – paragraph 1 – point 20 a (new)
Directive 2015/849/EU
Article 55 – paragraph 2 a (new)
(20a) the following paragraph 2 a is being inserted 2a. By 31 December 2017, the Commission shall submit a legislative proposal to the European Parliament and to the Council addressing the necessary and efficient coordination of the FIUs and to coordinate the fight against financial criminality at the EU level via a European FIU
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
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.
2016/12/19
Committee: ECONLIBE
Amendment 422 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 c (new)
Directive 2015/849/EU
Article 61 – paragraph 3 a (new)
(21c) in Article 61, the following paragraph 3a is added: 3a. Member States shall ensure that reporting to competent authorities and self-regulatory bodies receives proper and timely follow up and feedback.
2016/12/19
Committee: ECONLIBE