28 Amendments of Kostas CHRYSOGONOS related to 2016/0414(COD)
Amendment 36 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Money laundering counter- measures should be balanced in order to protect interests that are perceived to be threatened by organised crime and terrorism; legislative and judicial efforts in that regard should focus on achieving the highest level of legal certainty and respect for all the fundamental rights (such as the right to privacy and data protection, or the right to be presumed innocent).
Amendment 46 #
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should not apply to money laundering as regards property derived from offences affecting the Union’s financial interests, which is subject to specific rules as laid down in Directive 2017/XX/EU36 . In accordance with Article 325(2) TFEU, the Member States shall take the same measures to counter fraud affecting the financial interests of the Union as they take to counter fraud affecting their own financial interests. This Directive should not apply to any person who receives proceeds as normal payment for ordinary consumer goods or services, as long as the consideration for such goods or services is adequate. _________________ 36 Directive 2017/XX/EU of the European Parliament and of the Council of x x 2017 on the protection of the Union’s financial interests by means of criminal law (OJ x L, xx.xx.2017, p.x).
Amendment 48 #
Proposal for a directive
Recital 8
Recital 8
(8) Where money laundering activity does not simply amount to the mere possession or use, but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence, such as damaging the integrity of the financial system, that activity should be punished separately. Member States should thus ensure that such conduct is also punishable when committed by the perpetrator of the criminal activity that generated that property (so-called self-laundering), if there is a previous conviction or if the predicate offence is tried at the same time, if the actions have the intention to hide the illegal origin of the property.
Amendment 56 #
Proposal for a directive
Recital 9
Recital 9
(9) In order for money laundering to be an effective tool against organised crime, it should not be necessary to identify the specifics of the crime that generated the property, let alone require; a prior or simultaneous conviction for that crime should be required. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, provided it is a criminal offence in that Member State or third country. Member States may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law, had it been committed there.
Amendment 69 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to deter money laundering throughout the Union, Member States should lay down minimum types and levels of penalties when the criminal offences defined in this Directive are committed. Where the offence is committed within a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA37 8 or where the perpetrator abused their professionaldominant position, e.g. as an official or poslitioncal decision maker, to enable money laundering, Member States should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems. _________________ 37 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, (OJ L 300, 11.11.2008, p. 42)
Amendment 73 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Knowledge of the beneficial ownership of companies and bank accounts is fundamental, among others, for the purposes of taxation and preventing prosecuting crime
Amendment 75 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Transparency and openness, which are core elements of the Union legal framework, require European and international efforts. In order to facilitate those efforts, Member States should maintain publicly searchable registries of the beneficial owners of all corporations, trusts foundations, or other relevant entities.
Amendment 76 #
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) Competent authorities, which supervise the compliance of credit and financial institutions with this Directive, should be able to cooperate, coordinate and exchange in due time confidential information to the widest extent possible, in accordance with the applicable international standards in this field, regardless of their respective nature or status; tax information involving registries of beneficial owners should be the basis of the automatic exchange of information between tax authorities and other relevant government regulatory and enforcement authorities.
Amendment 77 #
Proposal for a directive
Recital 12 d (new)
Recital 12 d (new)
(12d) Competent authorities, which supervise the compliance of credit and financial institutions with this Directive, should have an adequate legal basis for promptly exchanging confidential information.
Amendment 78 #
Proposal for a directive
Recital 12 e (new)
Recital 12 e (new)
(12e) Information of prudential nature relating to credit and financial institutions, such as information relating to the fitness and properness of directors and shareholders, internal control mechanisms, governance or compliance and risk management, is often indispensable for an adequate anti-money laundering supervision of such institutions; conversely anti-money laundering information is essential for the prudential supervision of such institutions.
Amendment 79 #
Proposal for a directive
Recital 12 f (new)
Recital 12 f (new)
(12f) The exchange of confidential information and cooperation between competent authorities, which supervise credit and financial institutions with this Directive, and prudential supervisors should not be hampered by legal uncertainty, which can stem from a lack of explicit provisions in this field; clarification of the legal frame work is even more important since prudential supervision has been entrusted, in a number of cases, to non anti-money laundering supervisors, such as the European Central Bank.
Amendment 80 #
Proposal for a directive
Recital 12 g (new)
Recital 12 g (new)
(12g) Delayed access by Financial Intelligence Units and other competent authorities to information on the identity of holders of bank and payment accounts and safe deposit boxes, hampers the detection of transfers of funds relating to money laundering and the associated financing of terrorism and organised crime.
Amendment 81 #
Proposal for a directive
Recital 12 h (new)
Recital 12 h (new)
(12h) National data allowing the identification of bank and payment accounts and safe deposit boxes belonging to one person is fragmented, and therefore, not always accessible by Financial Intelligence Units and other competent authorities in a timely manner; it is therefore essential to establish centralised automated mechanisms, such as a register or a data retrieval system in all Member States as an efficient means to get timely access to information on the identity of holders of bank and payment accounts and safe deposit boxes, their proxy holders, and their beneficial owners.
Amendment 82 #
Proposal for a directive
Recital 12 i (new)
Recital 12 i (new)
(12i) The principle of professional secrecy as well as the right to privacy and fair trial should not be undermined or violated by the collection and transmission of data or information on transactions based on a suspicion, of the private sphere of individuals.
Amendment 83 #
Proposal for a directive
Recital 12 j (new)
Recital 12 j (new)
(12j) Financial centres, both onshore and offshore, or bank secrecy havens should not be allowed in any way facilitate corruption or illicit activities, such money laundering; such centres should be effectively cut off from the union and international financial community; a European and/or national “knowledge bank” should be established in order to fight money laundering by increasing the knowledge and transparency of such centres and their structures1. 1 van Konigsveld, T. Jan (2015), De offshore wereld, ont maskend
Amendment 84 #
Proposal for a directive
Recital 12 k (new)
Recital 12 k (new)
(12k) Stresses the importance to make legislation on correspondence banking clearer and stricter, especially regarding remittance of funds to offshore and non- cooperative jurisdictions, with the obligation to cease activities if beneficial information is not provided.
Amendment 85 #
Proposal for a directive
Recital 12 l (new)
Recital 12 l (new)
(12l) Stresses that by failing to enact anti-money laundering controls and proper supervision on investments of foreign investors, some EU member states actually serve as “laundromats”.
Amendment 87 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1 (new)
Article 1 – paragraph 2 – subparagraph 1 (new)
This Directive shall fully respect the Charter of Fundamental Rights of the European Union.
Amendment 93 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point m
Article 2 – paragraph 1 – point 1 – point m
(m) murder, grievous bodily injury;
Amendment 107 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the conversion or transfer of property, knowing that such property is directly derived from criminal activity or from an act of participation in such activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action;
Amendment 111 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the acquisition, possession or use of property, knowing at the time of receipt, that such property was directly derived from criminal activity or from an act of participation in such an activity.
Amendment 116 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. In order for an offence referred to in paragraph 1 to be punishable, it shall not be necessary to establish:
Amendment 118 #
Proposal for a directive
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) the actions have the intention to hide the illegal origin of the property
Amendment 119 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
Amendment 123 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 128 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The offences referred to in points (a) and (b) of paragraph 1 shall also apply to persons who committed or participated in the criminal activity from which the property was directly derived.
Amendment 135 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall ensure that the conduct referred to in Articles 3 and 4 shall be punishable by effective, proportionate and dissuasive criminal penalties in full respect for fundamental rights.
Amendment 139 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall ensure that the offences referred to in Article 3 shall be punishable by a maximum term of imprisonment of at least four years, at least in serious cases, corresponding to the gravity of the offence.