Activities of Kira Marie PETER-HANSEN related to 2021/0239(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing
Amendments (110)
Amendment 134 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 140 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Decentralised Autonomous Organisations (DAO) and other Decentralised Finance (DeFi) arrangements should also be subject to Union AML/CFT rules where they are controlled directly or indirectly, including through smart contracts or voting protocols, by natural and legal persons. In such cases, decentralised organisations or arrangements should be considered crypto-asset service providers falling in the scope of Regulation [please insert reference – proposal for a Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937 - COM/2020/593 final] and this Regulation, regardless of the commercial label or their self-identification as DAO or DeFi. Developers, owners or operators should assess risks of money laundering and terrorist assessments before launching or using a software or platform and take appropriate measures in order to mitigate money laundering and terrorist financing risks in an ongoing and forward-looking manner.
Amendment 141 #
Proposal for a regulation
Recital 12
Recital 12
(12) Crowdfunding platforms’ vulnerabilities to money laundering and terrorist financing risks are horizontal and affect the internal market as a whole. To date, diverging approaches have emerged across Member States as to the management of those risks. While Regulation (EU) 2020/1503 of the European Parliament and of the Council28 harmonises the regulatory approach for business investment and lending-based crowdfunding platforms across the Union and ensures that adequate and coherent safeguards are in place to deal with potential money laundering and terrorist financing risks. Among those, there are requirements for the management of funds and payments in relation to all the financial transactions executed on those platforms. Crowdfunding service providers must either seek a license or partner with a payment service provider or a credit institution for the execution of such transactions. The Regulation also sets out safeguards in thesets up some AML/CFT requirements limited to due diligence of crowdfunding platforms in respect of project owners and within authorisation procedures, in the assessment of good repute of management and lack of an harmonised legal framework with rough due diligence procedures for project owners. The Commission is required to assess by 10 November 2023 in its report on that Regulation whether further safeguards may be necessary. It is therefore justified not to subject crowdfunding platformsbust AML/CFT obligations for crowdfunding platforms creates gaps and weakens the Union AML/CFT safeguards. It is therefore necessary to ensure that all crowdfunding platforms, including those already licensed under Regulation (EU) 2020/1503, are subject to Union AML/CFT legislation. _________________ 28 Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937 (OJ L 347, 20.10.2020, p. 1).
Amendment 142 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The metaverse offers new opportunities for criminals who can convert cash acquired through illegal activities into non-traceable currencies to purchase and sell virtual real estate, virtual lands and other high-demand goods. While there is as of today no regulatory framework or legal clarity with regard to persons and companies operating in the virtual world, as the metaverse expands and evolves, legal professionals with experience in real estate, finance and intellectual property may get increasingly involved in such transactions, including when providing tax advice, where there is the risk of the services provided being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing.
Amendment 150 #
Proposal for a regulation
Recital 14
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 with an appropriate sanctions regime.
Amendment 152 #
Proposal for a regulation
Recital 15
Recital 15
(15) Some categories of traders in goods are particularly exposed to money laundering and terrorist financing risks due to the The trading of high value goods and services such as gold, diamonds and other precious stones, or high-value lifestyle goods, such as cultural artefacts, luxury cars, jewellery, watches, yachts and aircrafts are particularly exposed to very significant money laundering risks regardless of the means of payment. Criminal organisations have recurrently used this method, whigch value that the small, transportable goods they deal with contain. For this reason, persons dealing in precious metals and precious stoneis easily accessible and does not require specific expertise, to convert criminal proceeds into goods that are in high demand in foreign markets. For this reason, persons dealing in precious metals and precious stones, jewels and watches, work of art as well as any other high value goods or services above 10 000 euros should be subject to AML/CFT requirements.
Amendment 161 #
Proposal for a regulation
Recital 23
Recital 23
(23) The FATF has developed standards for jurisdictions to identify, and assess the risks of potential non-implementation or evasion of the targeted financial sanctions related to proliferation financing, and to take action to mitigate those risks. Those new standards introduced by the FATF today do not substitute nor undermine the existing strict requirements for countries to implement targeted financial sanctions to comply with the relevant United Nations Security Council Regulations relating to the prevention, suppression and disruption of proliferation of weapons of mass destruction and its financing. Those existing obligations, as implemented at Union level by Council Decisions 2010/413/CFSP31 and (CFSP) 2016/84932 as well as by Council Regulations (EU) No 267/201233 and (EU) 2017/150934 , remain strict rule-based obligations binding on all natural and legal persons within the Union. The same approach should apply with regard to targeted financial sanctions relating to terrorism and terrorism financing, and to other applicable Union targeted financial sanctions. _________________ 31 2010/413/CFSP: Council Decision of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39). 32 Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79). 33 Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ L 88, 24.3.2012, p. 1). 34 Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (OJ L 224, 31.8.2017, p. 1).
Amendment 162 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The Union legislation does not currently include provisions that describe the systems and controls that financial institutions, payment service providers or crypto-asset service providers should have to have in place to comply with targeted financial sanctions obligations. Where the legislation provides for certain exemptions from customer due diligence measures or from the obligation to obtain information on the payer or the payee in the context of funds transfers, there may be an apparent conflict between risk- based exemptions and the absolute requirement to comply with applicable sanctions regimes, which is an obligation of result. According to the assessment conducted by the European Banking Authority, there are different interpretations across Member States on the obligations on payment service providers to screen the payer or the payee against sanctions lists, as each payment service provider is expected to screen only its customer in some Member States, whereas, in others, each payment service provider has to screen both the payer and the payee. This situation could create regulatory arbitrage and gaps which could weaken the Union targeted financial sanctions regime. It is therefore necessary to establish common standards on the measures that financial institutions, payment service providers or crypto-asset service providers should take to comply with their financial sanctions obligations and clarify how they should comply with their obligations under the Union targeted financial sanctions regime, in particular in situations where certain exemptions from customer due measures and from the obligation to obtain information on the payer or the payee or on the originator or the beneficiary in the context of transfers of funds or crypto-assets are applied, as well as in situations where it may not be possible to identity with sufficient certainty the customer or beneficial owner, in particular when a transaction or a transfer involves an unhosted wallet or an unregulated entity.
Amendment 164 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to reflect the latest developments at international level, a requirement has been introduced by this Regulation to identify, understand, manage and mitigate risks of potential non- implementation or evasion of proliferation financing-related targeted financial sancttargeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Unions at obliged entity level.
Amendment 166 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Designations made by the United Nations Security Council which impose restrictive measures in response to a threat are not immediately enforceable by the Union. Those UN sanctions become eventually applicable in the Union not immediately, but following a due process leading to the adoption of Union measures imposing targeted financial sanctions against designated persons. During the period where the information on sanctioned persons becomes public, and the actual application of EU targeted financial sanctions, there is a risk of asset flight. For this reason, some Member States decided at national level that UN designations become immediately applicable until the adoption of similar measures by the Union while other Member States may rely on preventative measures. However, there are no common rules at Union level and fragmented measures at national level. Hence, it is necessary to ensure appropriate common mitigating measures when no appropriate measures are in place at national level in order to manage the money laundering and terrorist financing risks identified following a UN designation. UN designations are made following a threat to international peace that can emanate from terrorist activities, violation of human rights and other predicate offences. Obliged entities should consider the enhanced risks of money laundering and terrorist financing posed by persons designated by the UN pending the review of this information of the Union, or before the actual entering into force of Union targeted financial sanctions. During this period time, obliged entities should report to the competent FIU any business relationship or transaction with persons considering the suspicion of money laundering, terrorist financing or predicate offence emanating from the UN listing. The FIU should decide to suspend any transaction, withhold its consent, or suspend any account until the review of the information and the adoption, or not, of targeted financial sanctions by the Union. Such measure is without prejudice of the possibility of Member States to apply temporary measures which ensure a higher level of protection of the financial system of the Union such as temporary measures applying directly UN designations pending the adoption of measures by the Union.
Amendment 218 #
Proposal for a regulation
Recital 65
Recital 65
(65) Detailed rules should be laid down to identify the beneficial owners of corporate and other legal entities and to harmonise definitions of beneficial ownership. While a specified percentage shareholding or ownership interest does not automatically determine the beneficial owners, it should be one factor among others to be taken into account. Member States should be able, however, to decide that a percentage lower than 25% may be an indication of ownership or control. Control through ownership interest of 25% plus one of that least one shares or voting rights or other ownership interest should be assessed on every level of ownership, meaning that this threshold should apply to every link in the ownership structure and that every link in the ownership structure and the combination of them should be properly examined.
Amendment 237 #
Proposal for a regulation
Recital 93
Recital 93
(93) The anonymity of crypto-assets exposes them to risks of misuse for criminal purposes. AnonymousPrivacy crypto- asset wallets, mixers and tumblers do not allow the traceability of crypto-asset transfers, whilst also making it difficult to identify linked transactions that may raise suspicion or to apply to adequate level of customer due diligence. In order to ensure effective application of AML/CFT requirements to crypto-assets, it is necessary to prohibit the provision and the custody of anonymousprivacy crypto-asset wallets as well as the provision and use of mixers and tumblers by crypto-asset service providers.
Amendment 259 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
(4a) ‘funds’ means assets of any kind, whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or an interest in, such assets;
Amendment 262 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a a (new)
Article 2 – paragraph 1 – point 6 – point a a (new)
(aa) a central securities depository as defined in Article 2 point (1) of Regulation 909/2014/EU of the European Parliament and of the Council;
Amendment 263 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a b (new)
Article 2 – paragraph 1 – point 6 – point a b (new)
(ab) an account information service provider as defined in Article 4 point (19) of Directive (EU) 2015/2366 of the European Parliament and of the Council;
Amendment 275 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16a) ‘occasional transaction’ means a transaction that is not carried out as part of a business relationship as defined in point (16) of this Article;
Amendment 276 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 b (new)
Article 2 – paragraph 1 – point 16 b (new)
(16b) 'atypical transaction or fact' means a transaction or a fact which does not appear to be consistent with the customer's characteristics and with the purpose and intended nature of the business relationship or the proposed transaction;
Amendment 279 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19 – point b a (new)
Article 2 – paragraph 1 – point 19 – point b a (new)
(ba) the relationships between and among crypto-asset service providers and which is expected, at the time when the contact is established, to have an element of duration, including where similar services are provided by a correspondent institution to a respondent institution, and including relationship established for crypto-asset transfers;
Amendment 281 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘beneficial owner’ means any natural person who ultimately owns or, controls or benefits from a legal entity or an express trust or similar legal arrangement, or an organisation that has legal capacity under national law, as well as any natural person on whose behalf or for the benefit of whom a transaction or activity or business relationship is being conducted;
Amendment 285 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24) ‘formal nominee arrangement’ means a contract or a formal arrangement with an equivalent legal value to a contract,n equivalent arrangement between thea nominee and the nominator, where the nominator is a legal entity or natural person that issues instructions to a nominee to act on their behalf in a certain capacity, including as a director or shareholder, and the nominee is a legal entity or natural person instructed by the nominator to act on their behalf;
Amendment 307 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27 a (new)
Article 2 – paragraph 1 – point 27 a (new)
(27a) ‘high-net-worth customer means a customer whose business relationship with the obliged entity is worth at least EUR 1 million or the equivalent in national currency in liquid financial assets;
Amendment 311 #
Proposal for a regulation
Article 2 – paragraph 1 – point 29 a (new)
Article 2 – paragraph 1 – point 29 a (new)
Amendment 328 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point a
Article 3 – paragraph 1 – point 3 – point a
(a) auditors, external accountants, wealth or asset managers and tax advisors, and any other natural or legal person that undertakes to provide, directly or by means of other persons to which that other person is related, material aid, assistance or advice on tax, investment or personal finance matters as principal business or professional activity;
Amendment 331 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b – introductory part
Article 3 – paragraph 1 – point 3 – point b – introductory part
(b) notaries, lawyers and other independent legal professionals, where they participate, whether by acting on behalf of and for their client in any financial or real estate transaction, or by assisting in the planning or carrying out of transactions for their client concerning any of the following:
Amendment 333 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b – point i
Article 3 – paragraph 1 – point 3 – point b – point i
(i) buying and selling of real or virtual property or business entities;
Amendment 335 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point b – point iii
Article 3 – paragraph 1 – point 3 – point b – point iii
(iii) opening or management of bank, savings or, securities or crypto-assets accounts;
Amendment 338 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point d
Article 3 – paragraph 1 – point 3 – point d
(d) estate agents and property developers, including when acting as intermediaries in the letting of immovable property for transactions for which the monthly rent amounts to EUR 105 000 or more, or the equivalent in national currency;
Amendment 342 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point e
Article 3 – paragraph 1 – point 3 – point e
(e) persons trading in precious metals and stones or jewellery and luxury watches;
Amendment 344 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point e a (new)
Article 3 – paragraph 1 – point 3 – point e a (new)
(ea) persons trading in goods and services, including motor vehicles, aircrafts and watercrafts, where the value of the transaction or linked transactions amounts to at least EUR 10 000 or the equivalent in national currency;
Amendment 347 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point h
Article 3 – paragraph 1 – point 3 – point h
(h) crowdfunding service providers other than those regulated by Regulation (EU) 2020/1503;
Amendment 352 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point i
Article 3 – paragraph 1 – point 3 – point i
(i) persons trading or acting as intermediaries in the trade of works of art, including when this is carried out by art galleries and auction houses, where the value of the transaction or linked transactions amounts to at least EUR 10 000 or the equivalent in national currency;
Amendment 353 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point i a (new)
Article 3 – paragraph 1 – point 3 – point i a (new)
(ia) persons and platforms, other than crypto-asset service providers, trading or acting as intermediaries for importing, minting, sale and purchase of unique and not fungible crypto-assets that represent ownership of a unique digital or physical asset, including works of art, real estate, digital collectibles and gaming items and any other valuable;
Amendment 357 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point j
Article 3 – paragraph 1 – point 3 – point j
(j) persons storing, trading or acting as intermediaries in the trade of works of art and other high value goods when this is carried out within free zones and customs warehouses, where the value of the transaction or linked transactions amounts to at least EUR 10 000 or the equivalent in national currency;
Amendment 365 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point l a (new)
Article 3 – paragraph 1 – point 3 – point l a (new)
(la) professional sport clubs, sport federations and sport confederations;
Amendment 378 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Exemptions for certain providers of crowdfunding service providers 1. Providers of crowdfunding services other than those regulated by Regulation (EU) 2020/1503 which are used exclusively for public benefit purposes, shall be exempted from the requirements set out in this Regulation provided that all the following conditions are met: (a) the crowdfunding service provider implements minimum due diligence requirements in respect of project owners that propose their projects to be funded through the crowdfunding platform in a manner consistent with Article 5 of Regulation (EU) 2020/1503; and (b) all the natural persons involved in the management of the crowdfunding service provider respect fit and proper requirements consistent with the requirements laid down with Article 12 (3) point (b) of Regulation (EU) 2020/1503; and (c) the crowdfunding service provider sets up and maintains arrangements to ensure that project owners accept funding of crowdfunding projects, or any other payment, only by means of a payment service provider in accordance with Directive (EU) 2015/2366, except where the provider of crowdfunding services provides payment services in relation to the crowdfunding services itself and is a payment service provider in accordance with Directive (EU) 2015/2366, or through a third party that is a payment service provider in accordance with that Directive. 2. Member States shall establish risk- based monitoring activities or take other adequate measures to ensure that the exemptions granted pursuant to this Article are not abused.
Amendment 389 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Minimum requirements regarding citizenship and residence by investment schemes 1. A Member State whose national law grants citizenship or residence rights in exchange for any kind of investment, such as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity contributing to the public good and contributions to the state budget, shall ensure that public authorities that process applications for such citizenship and residence rights carry out at least the following measures: (a) require that transactions are carried out by means of a business relationship with an obliged entity established in that Member State; (b) request information from involved obliged entities about customer due diligence measures carried out; (c) obtain and record detailed information, substantiated by verified documents, on the identity of the applicant and rigorous background checks on the applicant and, where necessary, on its family members, including, on any of the applicant’s business interests and employment activities in the previous 10 years and on the applicant’s source of funds and source of wealth; (d) require clearance from law enforcement authorities, substantiated by evidence of the absence of any criminal activities on the part of the applicant; (e) require that applicants are subject to requirements of minimum physical presence and minimum active involvement in the investment, quality of investment, added value and contribution to the economy; (f) have in place a monitoring mechanism for ex post control of successful applicants’ continued compliance with the legal requirements of the schemes. 2. Applicants with documented connections with suspicious activities, including close business relations with persons having a criminal record related to money laundering, terrorist financing or predicate offences, or close personal or business connections with individuals subjected to targeted financial sanctions shall not be granted residency rights under such schemes.
Amendment 393 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) in addition to the obligation to apply targeted financial sanctions, mitigate and manage the risks of non- implementation and evasion of proliferation financing-relatedtargeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Union targeted financial sanctions.
Amendment 403 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. By [2 years after the entry into force of this Regulation], AMLA shall issue guidelines on the elements that obliged entities should take into account when deciding on the extent of their internal policies, controls and procedures, after consulting the European Banking Authority, shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify the elements that obliged entities should take into account when deciding on the extent of their internal policies, controls and procedures based on their assessed level of risk. They shall also include guidance on how to determine the number of staff to be entrusted with compliance functions as set out in Article 9, taking into account the nature and size of obliged entities and the inherent risks of the sector in which they operate.
Amendment 406 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. The Commission is empowered to supplement this Regulation by adopting the regulatory technical standards referred to in paragraph 4 of this Article in accordance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].
Amendment 407 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Obliged entities shall take appropriate measures, proportionate to their nature and size, to identify and assess the risks of money laundering and terrorist financing to which they are exposed, as well as the risks of non-implementation and evasion of proliferation financing- relatedtargeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Union targeted financial sanctions, taking into account at least the following:
Amendment 411 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Obliged entities shall take appropriate measures, proportionate to their nature and size, to identify and assess the risks of money laundering and terrorist financing to which they are exposed, as well as the risks of non-implementation and evasion of proliferation financing- relatedtargeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Union targeted financial sanctions, taking into account at least the following:
Amendment 412 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) relevant guidelines, recommendations and opinions issued by AMLA in accordance with Articles 43 and 44 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final];
Amendment 414 #
Proposal for a regulation
Article 8 – paragraph 1 – point c b (new)
Article 8 – paragraph 1 – point c b (new)
(cb) information from Financial Intelligence Units (FIUs) and law enforcement agencies;
Amendment 415 #
Proposal for a regulation
Article 8 – paragraph 1 – point c c (new)
Article 8 – paragraph 1 – point c c (new)
(cc) information obtained as part of the initial customer due diligence process and ongoing monitoring;
Amendment 416 #
Proposal for a regulation
Article 8 – paragraph 1 – point c d (new)
Article 8 – paragraph 1 – point c d (new)
(cd) own knowledge and professional experience.
Amendment 417 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Obliged entities shall, depending on the level of risk identified, consider additional sources of information, including: (a) information from organisations of obliged entities on typologies and on emerging risks; (b) information from civil society organisations, including corruption perception indices and other country reports; (c) information from international standard-setting bodies such as mutual evaluation reports or non-binding blacklists; (d) information from credible and reliable open sources and the media; information from credible and reliable commercial organisations, such as risk reports; and (e) information from statistic organisations and the academia.
Amendment 424 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Obliged entities shall appoint one executive member of their board of directors or, if there is no board, of its equivalent governing bodymanagement body in its management function who shall be responsible for the implementation of measures to ensure compliance with this Regulation (‘compliance manager’). Where the entity has no governing body, the function should be performed by a member of its senior management.
Amendment 432 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The compliance manager shall be responsible for implementingensure that the obliged entity’s policies, controls and procedures and forre fully implemented and shall receivinge information on significant or material weaknesses in such policies, controls and procedures. The compliance manager shall regularly report on those matters to the board of director or equivalent governingmanagement body. For parent undertakings, that person shall also be responsible for overseeing group- wide policies, controls and procedures.
Amendment 436 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Obliged entities shall have a compliance officer, to be appointed by the board of directors or governing bodymanagement body in its management function, who shall be in charge of the day-to-day operation of the obliged entity’s anti- money laundering and countering the financing of terrorism (AML/CFT) policies. That person shall also be responsible for reporting suspicious transactions to the Financial Intelligence Unit (FIU) in accordance with Article 50(6).
Amendment 450 #
1. A parent undertaking shall ensure that the requirements on internal procedures, risk assessment and staff referred to in Section 1 of this Chapter apply in all branches and subsidiaries of the group in the Member States and, for groups whose parent undertaking is established in the Union in third countries. The group-wide policies, controls and procedures shall also include data protection policies and policies, controls and procedures for sharing information within the group for AML/CFT purposes. To this end, a parent undertaking shall perform a group-wide risk assessment, taking into account the risks identified by all branches and subsidiaries of the group, and use it to establish and implement group-wide policies, controls and procedures. The group-wide policies, controls and procedures shall also include data protection policies and policies, controls and procedures for sharing information within the group for AML/CFT purposes. Obliged entities that are part of a group shall implement the aforementioned group-wide policies, controls and procedures, taking into account their specificities and risks to which they are exposed.
Amendment 484 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) obtain and assess information on whether the customer or the beneficial owner is persons involved are subjected to targeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Union targeted financial sanctions;
Amendment 490 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Without prejudice to any other measures required to comply with the obligation to apply targeted financial sanctions, credit and financial institutions and crypto-asset service providers shall screen the customer’s identity as well as the beneficial owner’s identity against the relevant sanctions lists of designated persons in order to verify that the customer is not a designated individual, entity or group subject to targeted financial sanctions.
Amendment 494 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. AMLA shall issue guidelines on the measures to be applied by obliged entities for assessing whether the customer or the beneficial owner is subject to targeted financial sanction, including how to identify entities controlled by persons subject to targeted financial sanctions.
Amendment 514 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Where, after having exhausted all possible means of identification pursuant to the first subparagraph, no natural person is identified as beneficial owner, or where there is any doubt that the person(s) identified is/are the beneficial owner(s), obliged entities shall record that no beneficial owner is identified and identify the natural person(s) holding the position(s) of senior managing official(s) in the corporate or other legal entity and, shall verify their identity and record them as “senior managing official(s)”. Obliged entities shall keep records of the actions taken as well as of the difficulties encountered during the identification process, which led to resorting to the identification of a senior managing official.
Amendment 557 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Obliged entities shall conduct ongoing monitoring of the business relationship, including transactions undertaken by the customer throughout the course of that relationship, to control that those transactions are consistent with the obliged entity’s knowledge of the customer, the customer’s business activity and risk profile, and where necessary, with the information about the origin and destination of the funds and to detect those transactions that shall be made subject to a more thorough analysis pursuant to Article 50.
Amendment 558 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
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 five years. In case of high-risk business relationships the frequency for updating customer information shall not exceed one year.
Amendment 566 #
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Amendment 599 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 60 identifying third countries that pose a specific and serious Where AMLA has clear and demonstrable grounds for concluding that a third country other than those covered by Articles 23 and 24, or a credit institution, financial institution or a crypto-asset service provider operating outside the Union, poses a specific and serious threat to the financial system of the Union in accordance with paragraph 2, it shall be empowered to take one or more of the following actions: a) require obliged entities to apply enhanced due diligence measures listed in Article 28(4), points (a) to (g) with respect to the business relationships or occasional transactions involving natural or legal persons from a third country; or b) require obliged entities to apply enhanced due diligence measures listed in Article 30 or 30a with reaspect to the financial system of the Union and the proper functioning of the internal market other than those covered by Articles 23 and 24. business relationships involving a non- EU credit or financial institution or a crypto-asset service provider; or c) recommend the adoption of the specific countermeasures mitigating the risks stemming from high-risk third countries or entities listed in Article 29, 30 and 31a. For the purpose of point c) AMLA shall draw up regulatory technical standards to specify the identified appropriate countermeasures and submit them to the Commission for adoption. AMLA shall publicly disclose the third countries and non-EU entities identified as posing a threat to the Union.
Amendment 604 #
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. The Commission, when drawWhen taking up the delegated actsaction referred to in paragraph s1, AMLA shall take into account in particular the following criteria, with respect to a non-EU jurisdiction:
Amendment 612 #
Proposal for a regulation
Article 25 – paragraph 2 – point c a (new)
Article 25 – paragraph 2 – point c a (new)
(ca) the quality and effectiveness of financial supervision; (d) the existence of a regulatory framework for crypto-assets service providers; (e) the extent to which that jurisdiction is identified by credible sources/ acknowledged processes as favouring secrecy, such as offshore centres; (f) the extent to which that jurisdiction is characterized by high levels of official or institutional corruption; (g) the recurrence of the involvement of the third country into money laundering and terrorist financing schemes.
Amendment 615 #
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
Amendment 616 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. For the purposes of determining the level of threat referred to in paragraph 1, the Commission may request AMLAWhere relevant, for the purpose of identifying credit or financial institution or crypto-asset service provider posing a threat to the Union, AMLA may request information and cooperate with third supervisory authorities, FIUs and Europol, as appropriate. For the purposes of determining the level of threat referred to in paragraph 1 and identifying specific countermeasures, AMLA may request EBA, ESMA or EIOPA, as appropriate, to adopt an opinion aimed at assessing the specific impact on the orderly functioning and integrity of the Union’s financial system due to the level of threat posed by a third country. or by a credit institution, financial institution or crypto-asset service provider or the impact to the stability of the whole or part of the financial system, taking account of the degree of exposure of the Union to a specific non-EU financial institution. When taking action against a credit or financial institution under this Article, AMLA shall consult ESMA and ensure that the action does not have a detrimental effect on the efficiency of the financial sector or on investors that is disproportionate to the benefits of the action.
Amendment 623 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission, when drawing up the delegated act is empowered to adopt the regulatory technical standards referred to in paragraph 1, shall takc (new) of this Article into account in particular relevant evaluations, assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financingrdance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final]. In case of significant divergences with AMLA, the Commission shall adopt a reasoned analysis, which shall be publicly available.
Amendment 629 #
Proposal for a regulation
Article 25 – paragraph 7 a (new)
Article 25 – paragraph 7 a (new)
7a. Following a request from the European Parliament or the Council, AMLA shall analyse whether a third country or non-EU entity poses a specific and serious threat to the financial system of the Union and the proper functioning of the internal market and submit a report to the requesting institution within 30 days of receipt of the request stating the reasons for its decision as to whether a delegated act should be adopted in accordance with paragraph 1, taking into account public revelations and relevant evaluations, assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing.
Amendment 650 #
Proposal for a regulation
Article 27 – paragraph 5 – point d a (new)
Article 27 – paragraph 5 – point d a (new)
(da) the customer, the beneficial owner or any associated person is subjected to targeted financial sanctions.
Amendment 652 #
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. Obliged entities shall examine the origin and destination of funds involved in, and the purpose of, all transactions that fulfil at leastare atypical and may fulfil one of the following conditions:
Amendment 672 #
Proposal for a regulation
Article 29 – paragraph 1 – point b – point v
Article 29 – paragraph 1 – point b – point v
(v) requiring credit and financial institutions and crypto-asset service providers to review and amend, or if necessary terminate, correspondent relationships with respondent institutions in the third country concerned.
Amendment 677 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30a Specific enhanced due diligence measures for correspondent relationships with non- EU entities providing crypto-asset services 1. With respect to correspondent relationships with entities providing crypto-asset services that are not registered in the Union, including relationships established for crypto-asset transactions or transfers, involving the execution of transfers with a respondent institution, in addition to the customer due diligence measures laid down in Article 16, crypto-asset service providers shall be required, on a risk-sensitive basis, and when entering into a business relationship, to: (a) document how they identify whether the respondent institution is an entity registered in the Union; (b) determine if the respondent institution is licensed or registered; (c) gather sufficient information about the respondent institution to understand fully the nature of the respondent's business and to determine from publicly available information the reputation of the institution and the quality of supervision; (d) assess the respondent institution's AML/CFT controls; (e) obtain approval from senior management before establishing new correspondent relationships; (f) document the respective responsibilities of each institution; (g) with respect to accounts or distributed ledger addresses hosted by the correspondent institution that can be directly by customers of the respondent institution on the customer’s own behalf, be satisfied that the respondent institution has verified the identity of, and performed ongoing due diligence on, such customers and that it is able to provide relevant customer due diligence data to the correspondent institution, upon request. Where crypto-asset service providers decide to terminate correspondent relationships for reasons relating to anti- money laundering and counter-terrorist financing policy, they shall document their decision. 2. Crypto-asset service providers shall update the due diligence information for the correspondent relationship on a regular basis or when new risks emerge in relation to the respondent institution. 3. Crypto-asset service providers shall take into account the information referred to in the first paragraph in order to determine, on a risk sensitive basis the appropriate enhanced due diligence measures required to mitigate the risks associated with the respondent institution. 4. By [2 years from the date of entry into force of this Regulation], AMLA shall issue guidelines to specify the following: the criteria to be taken into account for the determination of a correspondent relationship; the criteria and common template for conducting the assessment referred to in paragraph 1; the risk variables and risk factors criteria to be taken into account to assess the level of risk associated with a particular category of crypto-asset service provider.
Amendment 678 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 694 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Amendment 695 #
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Amendment 703 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Obliged entities shall apply one or more of the measures referred to in Article 28(4) on a risk-sensitive basis to mitigate the risks posed by the business relationship, until such time as that person is deemed to pose no further higher risk, but in any case for not less than 124 months following the time when the individual is no longer entrusted with a prominent public function.
Amendment 704 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36a Persons subject to restrictive measures by international organisations 1. Obliged entities shall report to the competent FIU any business relationship or transaction with persons subject to UN sanctions in the temporary period between the moment the UN designation is made publicly available and the moment targeted financial sanctions adopted by the Union become applicable. Obliged entities shall refrain from carrying out any transaction related to a person subject to UN sanctions until they have notified the competent FIU and have complied with any further specific instruction from the FIU. 2. When the competent FIU receives such a notification referred to in Paragraph 1, it shall decide to suspend any transaction, withhold its consent or suspend any account up to 10 calendar days or until the adoption of targeted financial sanctions by the Union. 3. This Article is without prejudice to the possibility of Member States to apply temporary measures which ensure a higher level of protection of the financial system of the Union such as temporary measures applying directly UN designations pending the adoption of EU targeted financial sanctions.
Amendment 705 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Amendment 744 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. In case of corporate entitiesand other legal entities regardless of form or structure, the beneficial owner(s) as defined in Article 2(22) shall be the natural person(s) who owns, control(s), directly or indirectly, or benefits from, the corporate entity, either through an ownership interest or through control via other means.
Amendment 746 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. In case of corporate entitiesand other legal entities regardless of form or structure, the beneficial owner(s) as defined in Article 2(22) shall be the natural person(s) who owns, control(s), directly or indirectly, or benefits from, the corporate entity, either through an ownership interest or through control via other means.
Amendment 751 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
For the purpose of this Article, ‘control through an ownership interest’ shall mean an ownership of 25% plus one of that least one shares or voting rights or other ownership interest in the corporate entity, including through bearer shareholdings or being party to a contract or financial instrument related to the shares, votes, assets or income of the corporate or legal entity, on every level of ownership.
Amendment 768 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point a
Article 42 – paragraph 1 – subparagraph 2 – point a
(a) the right to appoint or remove more than half of theany members of the board or similar officers of the corporate entity;
Amendment 769 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point a
Article 42 – paragraph 1 – subparagraph 2 – point a
(a) the right to appoint or remove more than half of theany members of the board or similar officers of the corporate entity;
Amendment 774 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point d a (new)
Article 42 – paragraph 1 – subparagraph 2 – point d a (new)
(da) power of attorney to manage or dispose of the entity’s assets or income, in particular bank or securities accounts;
Amendment 780 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Member States shall notify to the Commission by [3 months from the date of application of this Regulation] a list of the types of corporate and other legal entities existing under their national laws with beneficial owner(s) identified in accordance with paragraph 1. The notification shall include the specific categories of entities, description of characteristics, names and, where applicable, legal basis under the national laws of the Member States. It shall also include an indication of whether, due to the specific form and structures of legal entities other than corporate entities, the mechanism under Article 45(3) applies, accompanied by a detailed justification of the reasons for that. In this notification, Member States shall also include other legal entities or vehicles which, under national law, identification of beneficial ownership information is not deemed applicable, in particular if that is the case for investment vehicles such as special purpose vehicles or entities, protected cell companies or series limited liability companies.
Amendment 786 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall make recommendations to Member States on the specific rules and criteria to identitfy the beneficial owner(s) of legal entities other than corporate entities by [1 year from the date of application of this Regulation] and indicate whether, on a risk sensitive basis, any specific rules should apply. These recommendations shall be public. In the event that Member States decide not to apply any of the recommendations, they shall notify the Commission thereof and provide a justification for such a decision.
Amendment 787 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall make recommendations to Member States on the specific rules and criteria to identitfy the beneficial owner(s) of legal entities other than corporate entities by [1 year from the date of application of this Regulation] and indicate whether, on a risk sensitive basis, any specific rules shall apply. These recommendations shall be public. In the event that Member States decide not to apply any of the recommendations, they shall notify the Commission thereof and provide a justification for such a decision.
Amendment 791 #
Proposal for a regulation
Article 42 – paragraph 5 – point a
Article 42 – paragraph 5 – point a
(a) companies listed on a regulated market that is subject to disclosure requirements consistent with Union legislation or subject to equivalent international standards, provided that beneficial ownership information is gathered and available in equivalent terms as those set out in this Chapter; and
Amendment 797 #
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
(a) the economic and legal settlor(s);
Amendment 798 #
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
(a) the economic and legal settlor(s);
Amendment 800 #
Proposal for a regulation
Article 43 – paragraph 2 – subparagraph 1
Article 43 – paragraph 2 – subparagraph 1
Member States shall notify to the Commission by [3 months from the date of application of this Regulation] a list of legal arrangements and of legal entities, similar to express trusts, where the beneficial owner(s) is identified in accordance with paragraph 1. In the case where the parties of the express trust laid down in paragraph 1 point (a), (b), (c), or (d) are corporate or legal entities or arrangements themselves, the beneficial owner shall be the natural person who is the beneficial owner of those entities or arrangements, or the ultimate natural person who exercises control through a chain of control or ownership of corporate or legal entities or arrangements.
Amendment 806 #
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) the first name and surname, full place and date of birth, residential address, country or countries 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;
Amendment 809 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Beneficial ownership information shall be obtained within 14 calendar days from the creation of legal entities or legal arrangementsIn addition to express trusts and other legal arrangements, corporate and other legal entities shall obtain beneficial ownership information before their creation. It shall be updated promptly, and in any case no later than 14 calendar days following any change of the beneficial owner(s), and on an annual basis.
Amendment 830 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
Nominee shareholders and nominee directors of a corporate or other legal entities shall maintain adequate, accurate and current information on the identity of their nominator and the nominator’s beneficial owner(s) and disclose them, as well as their status, to the corporate or other legal entities. Corporate or other legal entities shall report this information to the registers set up pursuant to Article 10 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final]be prohibited.
Amendment 835 #
(ba) (c ) own or acquire a majority or minority stake in bodies governed by public law, as defined under Article 2(1), point (4) of Directive 2014/24/EU of the European Parliament and of the Council.
Amendment 836 #
Proposal for a regulation
Article 48 – paragraph 1 – point b b (new)
Article 48 – paragraph 1 – point b b (new)
(bb) (d) benefit from public funds through public procurement procedures or contracts, governed either under EU law or national law.
Amendment 843 #
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
1. Obliged entities shall report to the FIU all suspiciouns transactionsof money laundering, predicate offences and terrorist financing, including on attempted transactions.
Amendment 848 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1 – point a
Article 50 – paragraph 1 – subparagraph 1 – point a
(a) reporting to the FIU, on their own initiative, where the obliged entity knows, suspects or has reasonable grounds to suspect that funds or activities, regardless of the amount involved, are related to the proceeds of criminal activity or are related to terrorist financing, and by responding to requests by the FIU for additional information in such cases;
Amendment 853 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
Article 50 – paragraph 1 – subparagraph 2
For the purposes of points (a) and (b), obliged entities shall reply to a request for information by the FIU within 5 days. In justified and urgent cases, FIUs shall be able to shorten such a deadline to 24 hoursthe appropriate deadline set by the FIU, depending on the complexity and urgency of the request. In justified and urgent cases, such as where transactions are in progress or a prompt action is required, FIUs may require the information to be provided immediately.
Amendment 859 #
Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 1
Article 50 – paragraph 2 – subparagraph 1
A suspicion ismay be based on the characteristics of the customer, the size and nature of the transaction or activity, the technique used, the pattern, the use of anonymising tools, the link between several transactions or activities and any other circumstance known to the obliged entity, including the origin or destination of the funds or assets or the transaction history, and the consistency of the transaction or activity with the risk profile of the client.
Amendment 860 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. By [two years after entry into force of this Regulation], AMLA shall develop draft implementing technical standards and submit them to the Commission for adoption. Those draft implementing technical standards shall specify the mechanism or format to be used for the reporting of suspicious transactions pursuant to paragraph 1. The technical standards shall include appropriate formats for the reporting of specific indicators that may be associated with crypto-asset transactions, including distributed ledger wallet addresses and transaction hashes.
Amendment 911 #
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. Credit institutions, financial institutions and crypto-asset service providers shall be prohibited from keeping anonymous accounts, anonymous passbooks, anonymous safe-deposit boxes or anonymous crypto-asset wallets as well as any accountprivacy wallets, mixers and tumblers, otherwise allowing for the anonymisation of the customer account holder or any service that uses encryption and anonymisation tools to obfuscate transactions.
Amendment 930 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
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.
Amendment 941 #
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Amendment 962 #
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point d
Annex III – paragraph 1 – point 1 – point d
(d) shell companies, offshore vehicles, trusts, foundations and companies that have nominee shareholders or shares in bearer form or fiduciary deposits;
Amendment 965 #
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point f
Annex III – paragraph 1 – point 1 – point f
(f) the ownership structure of the company appears unusual or excessively complex given the nature of the company's businessand constructed in such a way to conceal beneficial ownership;
Amendment 968 #
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point b
Annex III – paragraph 1 – point 2 – point b
(b) products or transactions that might favour anonymity, including anonymity- enhanced cryptocurrency (AEC) or privacy coins;
Amendment 969 #
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point b a (new)
Annex III – paragraph 1 – point 2 – point b a (new)
(ba) anonymising services and tools, including privacy wallets, mixers and tumblers as well as Internet Protocol (IP) anonymizers such as The Onion Router (Tor), the Invisible Internet Project (I2P) and other anonymizing softwares;
Amendment 970 #
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point c
Annex III – paragraph 1 – point 2 – point c
(c) payment or transfers of assets received from unknown or unassociated third parties;
Amendment 972 #
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point e
Annex III – paragraph 1 – point 2 – point e
(e) transactions related to oil, arms, precious metals, tobacco products, cultural artefactand stones or jewels and luxury watches, tobacco products, luxury real estate and luxury cars, vessels, aircrafts, cultural artefacts, high value digital collectibles and other items of archaeological, historical, cultural and religious importance, or of rare scientific value, as well as ivory and protected species;
Amendment 974 #
Proposal for a regulation
Annex III – paragraph 1 – point 2 a (new)
Annex III – paragraph 1 – point 2 a (new)
(2a) counterpart risk factors: (a)transactions from or to an non obliged entity, such as unhosted wallets, unregistered or unlicensed entities providing crypto assets services and decentralised arrangements; (b)entities identified as not applying minimum customer due diligence procedures; (c)entities identified by credible sources/acknowledged process, as having strong connections and links to money laundering, terrorist financing and other illegal activities, including darknet marketplaces, ransomware and hacking; (d)crypto-ATMs.
Amendment 976 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point a a (new)
Annex III – paragraph 1 – point 3 – point a a (new)
(aa) third countries identified by the Union as high risk third countries or included in the EU list of non-cooperative jurisdictions for tax purposes;
Amendment 978 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b a (new)
Annex III – paragraph 1 – point 3 – point b a (new)
(ba) third countries identified by credible sources/ acknowledged processes as having none or inadequate regulation on crypto-asset service providers;
Amendment 980 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point c a (new)
Annex III – paragraph 1 – point 3 – point c a (new)
(ca) third countries identified by credible sources/ acknowledged processes as favouring financial secrecy, such as offshore centres;