[ParlTrack]

Reports (1)

2023/04/14
Committee: ECON LIBE
Dossiers: 2021/0250(COD)
Documents: PDF(629 KB) DOC(282 KB)
Authors: [{'name': 'Luděk NIEDERMAYER', 'mepid': 124701}, {'name': 'Paul TANG', 'mepid': 125020}]

Amendments (4)

Paul TANG

Proposal for a directive
Recital 48

(48) The vast majority of FIUs have been granted the power to take urgent action and suspend or withhold consent to a transaction in order to analyse it, confirm the suspicion and disseminate the results of the analytical activities to the competent authorities. However, there are certain variations in relation to the duration of the postponement powers across the different Member States, with an impact not only on the postponement of activities that have a cross-border nature through FIU-to-FIU cooperation, but also on individuals’ fundamental rights. Furthermore, in order to ensure that FIUs have the capacity to promptly restrain criminal funds or assets and prevent their dissipation, also for seizure purposes, FIUs should be granted the power to suspend the use of a bank or payment account in order to analyse the transactions performed through the account, confirm the suspicion and disseminate the results of the analysis to the competent authorities. Given that postponement powers have an impact on the right to property, the preservation of affected persons’ fundamental rights should be guaranteed. Each FIU shall appoint a Fundamental Right’s Officer from within their own staff to ensure that fundamental rights are guaranteed at all times.

2022/06/27
Committee: ECON LIBE

Paul TANG, Luděk NIEDERMAYER

Proposal for a directive
Article 10 – paragraph 5 – point a a (new)

(aa) central registers shall verify the information submitted to its register within a reasonable timeline.

2022/06/27
Committee: ECON LIBE

Paul TANG

Proposal for a directive
Article 17 – paragraph 5 a (new)

5a. 1. Every FIU will designate a Fundamental Rights Officer. The Fundamental Rights Officer may be a member of the existing staff of the FIU who received special training in fundamental rights law and practice. 2. The Fundamental Rights Officer shall perform the following tasks: (a) advise the FIU where she or he deems it necessary or where requested on any activity of the FIU without impeding or delaying those activities; (b) monitor FIU’s compliance with fundamental rights; (c) provide non-binding opinions on working arrangements; (d) inform the management about possible violations of fundamental rights in the course of the FIU’s activities; (e) promote the FIUl's respect of fundamental rights in the performance of its tasks and activities; (f) any other tasks where provided for by this Directive. 3. The FIU shall ensure that the Fundamental Rights Officer does not receive any instructions regarding the exercise of her or his tasks. 4. The Fundamental Rights Officer shall report directly to the management and prepare annual reports on her or his activities, including the extent to which the activities of the FIU respect fundamental rights.

2022/06/27
Committee: ECON LIBE

Paul TANG

Proposal for a directive
Article 31 a (new)

Article 31a List of credit and financial institutions under enhanced supervision 1. Financial supervisors shall include specific credit or financial institutions on a public black list of credit and financial institutions where: (a) following supervisory activities referred to in Article 29, points (c ), (e), (f) and (g), financial supervisors identify serious and structural weaknesses in the application of AML/CFT rules by those credit and financial institutions under their supervision; (b) a reasoned notification of an obliged entity as referred to in Article 3 points (1), (2) and (3)(a) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] to a national supervisor expressing serious and structural weaknesses in the application of AML/CFT rules by a specific credit and financial institution operating within or outside the European Economic Area is deemed legitimate; 2. In the application of measures referred to in point (1) (a), financial supervisors shall take into account the rules and principles of risk-based supervision laid down in Article 31, in particular the benchmarks and a methodology for assessing and classifying the inherent and residual risk profile of obliged entities and the guidelines on the characteristics of a risk-based approach to supervision. 3. Where a financial supervisor identifies serious and structural weaknesses referred to in point (1) (a), it shall put the specific credit or financial institutions under enhanced supervision. 4. Where a financial supervisor declares a notification on a third country credit or financial institution legitimate as referred to in point (b), it must actively discourage obliged entities in its territory to trade with the concerned third country credit and financial institution. 5. Financial supervisors shall inform the credit and financial institutions of their inclusion on the list referred to in paragraph 1 prior to the inclusion through a reasoned communication. 6. Financial supervisors shall promptly inform AMLA and national non- AML/CFT supervisors of the measures taken under paragraph 1. 7. Where the specific credit and financial institution referred to in paragraph 1 is part of a group, financial supervisors shall inform their counterparts in other Member States in accordance with Articles 33.

2022/06/27
Committee: ECON LIBE

Activities of Paul TANG related to 2021/0250(COD)

Reports (1)

Amendments (4)

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