BETA

33 Amendments of Markus FERBER related to 2021/0239(COD)

Amendment 135 #
Proposal for a regulation
Recital 9
(9) This regulation does not seek to undermine professional secrecy. Independent legal professionals should be subject to this Regulation when participating in financial or corporate transactions, including when providing tax advice, where there is the risk of the services provided by those legal professionals being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing. There should, however, be exemptions from any obligation to report information obtained before, during or after judicial proceedings, or in the course of ascertaining the legal position of a client, which should be covered by the legal privilege or professional secrecy. Therefore, legal advice should remain subject to the obligation of professional secrecy, except where the legal professional is taking part in money laundering or terrorist financing, the legal advice is provided for the purposes of money laundering or terrorist financing, or where the legal professional knows that the client is seeking legal advice for the purposes of money laundering or terrorist financing. The definition of "independent legal professional" shall not encompass in-house lawyers.
2022/07/04
Committee: ECONLIBE
Amendment 144 #
Proposal for a regulation
Recital 14
(14) Directive (EU) 2015/849 set out to mitigate the money laundering and terrorist financing risks posed by large cash payments by including persons trading in goods among obliged entities when they make or receive payments in cash above EUR 10 000, whilst allowing Member States to introduce stricter measures. Such approach has shown to be ineffective in light of the poor understanding and application of AML/CFT requirements, lack of supervision and limited number of suspicious transactions reported to the FIU. In order to adequately mitigate risks deriving from the misuse of large cash sums, a Union-wide limit to large cash transactions above EUR 10 000 should be laid down. As a consequence, persons trading in goods should no longer be subject to AML/CFT obligations.deleted
2022/07/04
Committee: ECONLIBE
Amendment 153 #
Proposal for a regulation
Recital 15
(15) Some categories of traders in goods are particularly exposed to money laundering and terrorist financing risks due to the high value that the small, transportable goods they deal with contain. For this reason, persons dealing in precious metals such as gold, silver, palladium or platinum and precious stones should be subject to AML/CFT requirements. This, however, should not apply to scrap metal dealers.
2022/07/04
Committee: ECONLIBE
Amendment 156 #
Proposal for a regulation
Recital 19
(19) It is important that AML/CFT requirements apply in a proportionate manner and that the imposition of any requirement is proportionate to the role that obliged entities can play in the prevention of money laundering and terrorist financing. To this end, it should be possible for Member States in line with the risk- based approach of this Regulation to exempt certain operators from AML/CFT requirements, where the activities they perform present low money laundering and terrorist financing risks and where the activities are limited in nature. To ensure transparent and consistent application of such exemptions across the Union, a mechanism should be put in place allowing the Commission to verify the necessity of the exemptions to be granted. The Commission should also publish such exemptions on a yearly basis in the Official Journal of the European Union.
2022/07/04
Committee: ECONLIBE
Amendment 177 #
Proposal for a regulation
Recital 33
(33) Obliged entities should not be required to apply due diligence measures on customers carrying out occasional or linked transactions below a certain value, unless there is suspicion of money laundering or terrorist financing. Whereas the EUR 10 000 threshold applies to most occasional transactions, obliged entities which operate in sectors or carry out transactions that present a higher risk of money laundering and terrorist financing should be required to apply customer due diligence for transactions with lower thresholds. To identify the sectors or transactions as well as the adequate thresholds for those sectors or transactions, AMLA should develop dedicated draft regulatory technical standards.
2022/07/04
Committee: ECONLIBE
Amendment 182 #
Proposal for a regulation
Recital 34
(34) Some business models are based on the obliged entity having a business relationship only with a merchant for offering payment initiation services through which the merchant gets paid for the provision of goods or services, and not with the merchant’s customer, who authorises the payment initiation service to initiate a single or one-off transaction to the merchant. In such a business model, the obliged entity’s customer for the purpose of AML/CFT rules is the merchant, and not the merchant’s customer. Therefore, customer due diligence obligations should be applied by the obliged entity vis-a-vis the merchant. Certain types of obliged entities in the payment space such as account information service providers as regulated under PSD2 are not directly involved in any transactions. Therefore, those entities shall not need to apply due diligence procedures. Payment initiation services providers should be eligible for simplified customer due diligence.
2022/07/04
Committee: ECONLIBE
Amendment 239 #
Proposal for a regulation
Recital 94
(94) The use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti- money laundering rules when making or receiving cash payments of EUR 10 000 or more. At the same time, differences in approaches among Member States have undermined the level playing field within the internal market to the detriment of businesses located in Member States with stricter controls. It is therefore necessary to introduce a Union-wide limit to large cash payments of EUR 10 000. Member States should be able to adopt lower thresholds and further stricter provisions.deleted
2022/07/04
Committee: ECONLIBE
Amendment 274 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
(16) ‘business relationship’ means a business, professional or commercial relationship which is directly connected with the professional activities of an obliged entity and which is expected, at the time when the contact is established, to have an element of duration, including a relationship where an obliged entity is asked to form a company or set up a trust for its customer, whether or not the formation of the company or setting up of the trust is the only transaction carried out for that customer;
2022/07/04
Committee: ECONLIBE
Amendment 321 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36 a (new)
(36a) 'precious metals' are gold, silver, platinum and palladium, sold by jewelleries and precious metal dealers to retail customers;
2022/07/04
Committee: ECONLIBE
Amendment 418 #
Proposal for a regulation
Article 8 – paragraph 3
3. Supervisors mayshall decide that individual documented risk assessments are not required where the specific risks inherent in the sector are clear and understood.
2022/07/05
Committee: ECONLIBE
Amendment 420 #
Proposal for a regulation
Article 9 – paragraph 1
1. OIf their exposure to money laundering risk justifies it, obliged entities shallmay appoint one executive member of their board of directors or, if there is no board, of its equivalentmanaging or governing body who shall be responsible for the implementation of measures to ensure compliance with this Regulation (‘compliance manager’). Alternatively, the obliged entity may delegate this task to a member of the senior management staff. Where the entity has no governing body, the function should be performed by a member of its senior management.
2022/07/05
Committee: ECONLIBE
Amendment 482 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
(b) in high-risk cases, identify the beneficial owner(s) pursuant to Articles 42 and 43 and verify their identity so that the obliged entity is satisfied that it knows who the beneficial owner is and that it understands the ownership and control structure of the customer;
2022/07/05
Committee: ECONLIBE
Amendment 503 #
Proposal for a regulation
Article 18 – paragraph 1 – point a – point iv
(iv) the usual place of residence or, if there is no fixed residential address with legitimate residence in the Union, the postal address at which the natural person can be reached and, where possible, the occupation, profession, or employment status and the tax identification number;
2022/07/05
Committee: ECONLIBE
Amendment 506 #
Proposal for a regulation
Article 18 – paragraph 1 – point b – point iii
(iii) the names of the legal representatives as well as, where available, the registration number, the tax identification number and the Legal Entity Identifier. Obliged entities shall also verify that the legal entity has activities on the basis of accounting documents for the latest financial year or other relevant information;
2022/07/05
Committee: ECONLIBE
Amendment 518 #
Proposal for a regulation
Article 18 – paragraph 4 – introductory part
4. Obliged entities shall obtain the information, documents and data necessary for the verification of the customer and beneficial owner identity through either of the following:
2022/07/05
Committee: ECONLIBE
Amendment 523 #
Proposal for a regulation
Article 18 – paragraph 4 – point a
(a) the submission of the identity document, passport or equivalent and, where necessary and appropriate, the acquisition of information from reliable and independent sources, whether accessed directly or provided by the customer;
2022/07/05
Committee: ECONLIBE
Amendment 529 #
Proposal for a regulation
Article 18 – paragraph 4 – point b
(b) the use of electronic identification means and relevant trust services as set out in Regulation (EU) 910/2014., if that electronic identification means corresponds at least to the assurance level "high";
2022/07/05
Committee: ECONLIBE
Amendment 535 #
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1
For the purposes of verifying the information on the beneficial owner(s), obliged entities shall also consult the central registers referred to in Article 10 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] as well asnd may as well resort to additional information. Obliged entities shall determine the extent of the additional information to be consulted, having regard to the risks posed by the transaction or the business relationship and the beneficial owner.
2022/07/05
Committee: ECONLIBE
Amendment 541 #
Proposal for a regulation
Article 18 – paragraph 4 a (new)
4a. Obliged entities may refrain from the identification and verification of the customer or beneficial owner and use information they have on file from previous identification and verification procedures, if the obliged entity has no reason to belief that the information has changed.
2022/07/05
Committee: ECONLIBE
Amendment 551 #
Proposal for a regulation
Article 20 – paragraph 1 – point c
(c) the source of funds;deleted
2022/07/05
Committee: ECONLIBE
Amendment 554 #
Proposal for a regulation
Article 20 – paragraph 1 – point d
(d) the destination of funds.deleted
2022/07/05
Committee: ECONLIBE
Amendment 562 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
The frequency of updating customer information pursuant to the first sub- paragraph shall be based on the risk posed by the business relationship. The frequency of updating of customer information shall in any case not exceed fiveten years.
2022/07/05
Committee: ECONLIBE
Amendment 657 #
Proposal for a regulation
Article 28 – paragraph 4 – point c
(c) obtain additional information on the source and destination of funds, and source of wealth of the customer and of the beneficial owner(s);
2022/07/05
Committee: ECONLIBE
Amendment 709 #
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
1. Obliged entities may rely on other obliged entities, whether situated in a Member State or in a third country, to meet the customer due diligence requirements laid down in Article 16(1), points (a), (b), (c) and (cd), provided that:
2022/07/05
Committee: ECONLIBE
Amendment 758 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
For the purpose of this Article, ‘control through an ownership interest’ shall mean an ownership of 2533% plus one of the shares or voting rights or other ownership interest in the corporate entity, including through bearer shareholdings, on everythe first level of ownership.
2022/07/05
Committee: ECONLIBE
Amendment 764 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2
For the purpose of this Article, ‘control via other means’ shall include at least one of the following: (a) the right to appoint or remove more than half of the members of the board or similar officers of the corporate entity; (b) the ability to exert a significant influence on the decisions taken by the corporate entity, including veto rights, decision rights and any decisions regarding profit distributions or leading to a shift in assets; (c) control, whether shared or not, through formal or informal agreements with owners, members or the corporate entities, provisions in the articles of association, partnership agreements, syndication agreements, or equivalent documents depending on the specific characteristics of the legal entity, as well as voting arrangements; (d) links with family members of managers or directors/those owning or controlling the corporate entity; (e) use of formal or informal nominee arrangements.deleted
2022/07/05
Committee: ECONLIBE
Amendment 804 #
Proposal for a regulation
Article 44 – paragraph 1 – point a
(a) the first name and surname, full place and date of birth, residential address, country of residence and nationality or nationalities of the beneficial owner, national identification number and source of it, such as passport or national identity document, and, where applicable, the tax identification number or other equivalent number assigned to the person by his or her country of usual residence;
2022/07/05
Committee: ECONLIBE
Amendment 812 #
Proposal for a regulation
Article 44 – paragraph 2
2. Beneficial ownership information shall be obtained within 1430 calendar days from the creation of legal entities or legal arrangements. It shall be updated promptly, and in any case no later than 1430 calendar days following any change of the beneficial owner(s), and on an annual basis.
2022/07/05
Committee: ECONLIBE
Amendment 920 #
Proposal for a regulation
Article 59
1. Persons trading in goods or providing services may accept or make a payment in cash only up to an amount of EUR 10 000 or equivalent amount in national or foreign currency, whether the transaction is carried out in a single operation or in several operations which appear to be linked. 2. Member States may adopt lower limits following consultation of the European Central Bank in accordance with Article 2(1) of Council Decision 98/415/EC57 . Those lower limits shall be notified to the Commission within 3 months of the measure being introduced at national level. 3. When limits already exist at national level which are below the limit set out in paragraph 1, they shall continue to apply. Member States shall notify those limits within 3 months of the entry into force of this Regulation. 4. The limit referred to in paragraph 1 shall not apply to: (a) payments between natural persons who are not acting in a professional function; (b) payments or deposits made at the premises of credit institutions. In such cases, the credit institution shall report the payment or deposit above the limit to the FIU. 5. 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, or of a lower limit adopted by the Member States. 6. 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. _________________ 57 Council Decision of 29 June 1998 on the consultation of the European Central Bank by national authorities regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42).Article 59 deleted Limits to large cash payments
2022/07/05
Committee: ECONLIBE
Amendment 957 #
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point d
(d) financial products or services that provide appropriately defined and limited services to certain types of customers, so as to increase access for financial inclusion purposes, such as the provision of financial guarantees;
2022/07/05
Committee: ECONLIBE
Amendment 964 #
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point e
(e) businesses that are cash-intensive;deleted
2022/07/05
Committee: ECONLIBE
Amendment 971 #
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point d
(d) new products and new business practices, including new delivery mechanism, and the use of new or developing technologies for both new and pre-existing products;deleted
2022/07/05
Committee: ECONLIBE
Amendment 973 #
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point e
(e) transactions related to oil, arms, precious metals, tobacco products, cultural artefacts 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