Activities of Karlo RESSLER related to 2021/0250(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849
Amendments (7)
Amendment 350 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Where the national risk assessment carried out by Member States pursuant to Article 8 identifies that, in addition to obliged entities, entities in other sectors are exposed to money laundering and terrorist financing risks, Member States may decide to apply the requirements of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] to those additional entities. Member States may decide to implement a grandfathering clause for those sectors that are not under the current AML/CFT obligations before the implementation of the new Regulation.
Amendment 418 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. In carrying out the national risk assessments referred to in paragraph 1 of this Article, Member States shall take into account the methodology and the report referred to in Article 7(1).
Amendment 479 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) a statement by the legal entity accompanied by a justification and supporting documents, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified; identified pursuant to Articles 42 and 43 of the [AML Regulation]; these documents shall be available to obliged entities;
Amendment 523 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. In the case of corporate and other legal entities, Member States shall ensure that the entity in charge of the central beneficial ownership register is empowered to carry out checks, including on-site investigations at the premises or registered office of the legal entity, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to- date. Member states shall ensure that the entity in charge of the central registers takes appropriate actions to check disclosed beneficial ownership information against financial crime screening lists and verify the identities of directors and beneficial owners against independent sources of evidence. The right of the central register to verify such information shall not be restricted, obstructed or precluded in any manner.
Amendment 552 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Access to the central registers referred to in Article 10 shall be granted to FIUs, supervisory authorities, public authorities with designated responsibilities for combating money laundering or terrorist financing, obliged entities, as well as tax authorities and authorities that have the function of investigating or prosecuting money laundering, its predicate offences and terrorist financing, tracing and seizing or freezing and confiscating criminal assets. Self-regulatory bodies shall be granted access to the registers when performing supervisory functions.
Amendment 733 #
Proposal for a directive
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. Member States shall ensure that FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to a transaction that is proceeding. Such suspension shall be imposed on the obliged entity within 48 hoursa reasonable and shortest possible timeframe of receiving the suspicious transaction report in order to analyse the transaction, confirm the suspicion and disseminate the results of the analysis to the competent authorities. Member States shall ensure that subject to national procedural safeguards, the transaction is suspended for a period of a maximum of 15 calendar days from the day of the imposition of such suspension to the obliged entity.
Amendment 743 #
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Such suspension shall be imposed on the obliged entity within 48 hoursa reasonable and shortest possible timeframe of receiving the suspicious transaction report and immediately notified to the competent judicial authority. Member States shall ensure that the use of that bank or payment account is suspended for a period of a maximum of 5 days from the day of the imposition of the suspension. Member States shall ensure that any extension of such suspension shall be authorized by the competent judicial authority.