Activities of Clare DALY 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 (77)
Amendment 145 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 191 #
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) With the aim of developing an open, transparent and neutral methodology for identifying third countries with significant strategic deficiencies in their national AML/CFT, third countries with compliance weaknesses in their national AML/CFT regime, and third countries which pose a specific and serious threat to the financial system of the Union, the Commission should set up an independent advisory board consisting of a range of external experts from both within and outside the Union. Those experts should include experts from independent civil society organisations, Union institutions, bodies, offices and agencies, academia, OLAF, national law enforcement authorities, the banking sector, the European Banking Authority, AMLA and representatives from FIUs. For the purposes of establishing this new methodology, the independent advisory board should develop a new set of ML/TF risk indicators. The independent advisory board should use those ML/TF risk indicators to empirically assess, against observed evidence of money laundering, whether a third country has significant strategic deficiencies in its national AML/CFT regime, has compliance weaknesses in its national AML/CFT regime or poses a specific and serious threat to the financial system of the Union. Such assessments should be transparent and replicable. The independent advisory board should carry out such assessments on the basis of independent, neutral and non-biased research by international institutions specialising in anti-money laundering, Union institutions and bodies and non- governmental organisations whose sponsoring is transparent and who do not depend diplomatically on those they evaluate.
Amendment 201 #
Proposal for a regulation
Recital 53
Recital 53
(53) Considering that there may be changes in the AML/CFT frameworks of those third countries or in their implementation, for example as result of the country’s commitment to address the identified weaknesses or of the adoption of relevant AML/CFT measures to tackle them, which could change the nature and level of the risks emanating from them, the Commission should regularly review the identification of those specific enhanced due diligence measures in order to ensure that they remain proportionate and adequate. The Commission should publish such reviews so that they are open to public scrutiny.
Amendment 223 #
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 the 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 225 #
Proposal for a regulation
Recital 66
Recital 66
(66) A meaningful identification of the beneficial owners requires a determination of whether control is exercised via other means. The determination of control through an ownership interest is necessary but not sufficient and it does not exhaust the necessary checks to determine the beneficial owners. The test on whether any natural person exercises control via other means is not a subsequent test to be performed only when it is not possible to determine an ownership interest. The two tests, namely that of control through an ownership interest and that of control via other means, should be performed in parallel. Control through other means may include the right to appoint or remove more than half of theany members of the board of the corporate entity; the ability to exert a significant influence on the decisions taken by the corporate entity; control through formal or informal agreements with owners, members or the corporate entities, as well as voting arrangements; links with family members of managers or directors or those owning or controlling the corporate entity; use of formal or informal nominee arrangements; or the possibility to use the power of attorney to manage or dispose of the corporate entity’s assets or income, particularly its bank or financial accounts.
Amendment 226 #
Proposal for a regulation
Recital 70
Recital 70
(70) Underpinning an effective framework on beneficial ownership transparency is the knowledge by corporate and other legal entities of the natural persons who are their beneficial owners. Thus, all corporate and other legal entities in the Union should obtain and hold adequate, accurate and currentup-to-date beneficial ownership information. That information should be retained for five years and the identity of the person responsible for retaining the information should be reported to the registers. That retention period is equivalent to the period for retention of the information obtained within the application of AML/CFT requirements, such as customer due diligence measures. In order to ensure the possibility to cross-check and verify information, for instance through the mechanism of discrepancy reporting, it is justified to ensure that the relevant data retention periods are aligned.
Amendment 227 #
Proposal for a regulation
Recital 71
Recital 71
(71) Corporate and other legal entities should take all necessary measures to identify their beneficial owners. There may however be cases where no natural person is identifiable who ultimately owns or exerts control over an entity. In such exceptional cases, provided that all means of identification are exhausted, the senior managing officials can be reported when providing beneficial ownership information to obliged entities corporate and legal entities should identify the top 10 natural persons holding the course of the customer due diligence process or when submitting the information to the central registermajority of shares or voting rights. Corporate and legal entities should keep records of the actions taken in order to identify their beneficial owners, especially when they rely on this last resort measure, which should be duly justified and documented.
Amendment 240 #
Proposal for a regulation
Recital 94
Recital 94
(94) The use of large cashability to have access to and use cash as a form of 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 levela fundamental freedom. The rights to respect for private and family life and to the protection of personal data are enshrined in the Charter of Fundamental Rights of the European Union. Imposing any form of cash limitation threshold risks discriminating against people dependent on cash such as the unbanked, people living in remote areas, the elderly and people on the margins of administrative or financial inclusion. In its report of 12 June 2018 on restrictions on payments in cash, the Commission found that the large majority of consultation respondents were clearly opposed to any restrictions on cash payments and recognised that it could significantly impact certain economic sectors and many small and medium-sized enterprises. A study by a private contractor, referenced in the report, concluded that cash playing field within the internal market to the detriment of businesses located in Member States with stricter controls. It is tment restrictions would have little positive impact on terrorism financing or tax fraud, and the Commission concluded that the impact of such restrictions on the fight against money laundering could not be precisely quantified. Ther efore 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. ficiency of introducing any form of cash limitation threshold has also been contested, with research suggesting that a total elimination of cash would result in a marginal impact on the shadow economy and no impact on the supervision of the profits of multinational corporations that deprive states of billions of euro in tax revenue.
Amendment 251 #
Proposal for a regulation
Recital 95
Recital 95
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) the prohibition of citizenship and residence by investment schemes.
Amendment 258 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘terrorist financing’ means the conduct set out in Article 11 of Directive (EU) 2017/541 including aiding and abetting, inciting and attempting to commit that conduct, whether carried out on the territory of a Member State or on that of a third country. Knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;
Amendment 283 #
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, controls or benefits from a legal entity or express trust or similar legal arrangement, as well as any natural person on whose behalf or for the benefit of whom a transaction or activity is being conducted;
Amendment 288 #
(ia) heads of government, ministers and deputy or assistant ministers on regional level;
Amendment 290 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25 – point a – point ii
Article 2 – paragraph 1 – point 25 – point a – point ii
(ii) members of parliament or of similar legislative bodies, whether on national or regional level;
Amendment 292 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25 – point a – point iii
Article 2 – paragraph 1 – point 25 – point a – point iii
(iii) members of the governing bodies of political parties, both on national and regional level;
Amendment 364 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point l
Article 3 – paragraph 1 – point 3 – point l
(l) investment migration operators permitted to represent or offer intermediation services to third country nationals seeking to obtain the citizenship of or residence rights in a Member State in exchange of any kind of investment, including capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity to the public good and contributions to the state budget.
Amendment 392 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 448 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Obliged entities shall take measures to ensure that employees, managers or agent, agents, board members, shareholders, contractors, subcontractors, suppliers and trainees who report breaches pursuant to the first subparagraph are legally protected against retaliation, discrimination and any other unfair treatment. in accordance with Directive (EU) 2019/1937 of the European Parliament and of the Council1a from being exposed to threats, retaliatory or hostile action and, in particular, adverse or discriminatory employment actions. _________________ 1a Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 505 #
Proposal for a regulation
Article 18 – paragraph 1 – point a – point iv
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, or profession, or employment status and the tax identification number;
Amendment 509 #
Proposal for a regulation
Article 18 – paragraph 1 – point b – point iii
Article 18 – paragraph 1 – point b – point iii
(iii) the names of the legal representatives as well as, where availpplicable, 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;
Amendment 515 #
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 identify the top 10 natural person(s) holding the position(s) of senior managing official(s)majority of shares or voting rights in the corporate or other legal entity and shall verify their identity. Obliged entities shall keep records of the actions taken as well as of the difficulties encountered during the identification process, which led to and shall file a suspicious transaction resporting to the identification of a senior managing officialFIU in accordance with Article 50.
Amendment 560 #
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.
Amendment 569 #
Proposal for a regulation
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) the requirements that apply to obliged entities pursuant to Article 16 and the information to be collected for the purpose of performing standard, simplified and enhanced customer due diligence pursuant to Articles 18 and 20 and Articles 27(1) and 28(4), including minimum requirements in situations of lower risk;
Amendment 570 #
Proposal for a regulation
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
Amendment 574 #
Proposal for a regulation
Article -23 (new)
Article -23 (new)
Amendment 575 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission shall identify third countries with significant strategic deficiencies in their national AML/CFT regimes shall be identified by the Commission and. For the purposes of establishing whether a third country has significant strategic deficiencies in its national AML/CFT regime, the Commission shall consider any relevant assessments by the independent advisory board under Article -23(2) and shall use the ML/TF risk indicators referred to in Article -23(2) to assess whether the third country would meet the criteria set out in Article 25(2). Where the Commission assesses that a third country would not meet those criteria, it shall designated it as a ‘high- risk third countries’risk third country’. The Commission shall make its assessments of such third countries publicly available.
Amendment 581 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. For the purposes of paragraph 2, the Commission shall take into accountwork together with the independent advisory board and take into consideration calls for the application of enhanced due diligence measures and additional mitigating measures (‘countermeasures’) by independent civil society organisations, academia, Union institutions, bodies, offices and agencies involved in the AML/CFT framework, international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing, as well as relevant evaluations, assessments, reports or public statements drawn up by them.
Amendment 589 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission shall identify third countries with compliance weaknesses in their national AML/CFT regimes shall be identified by the Commission. . For the purposes of establishing whether a third country has compliance weaknesses in its national AML/CFT regime, the Commission shall follow the relevant assessments of the independent advisory board referred to in Article - 23(2).
Amendment 594 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Commission, when drawing up the delegated acts referred to in paragraph 2 shall work together with the independent advisory board and take into account information on jurisdictions under increased monitoring by independent civil society organisations, academia, Union institutions and bodies involved in the AML/CFT framework, international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing, as well as relevant evaluations, assessments, reports or public statements drawn up by them.
Amendment 600 #
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 60shall identifying third countries that pose a specific and serious threat to the financial system of the Union and the proper functioning of the internal market other than those covered by Articles 23 and 24.
Amendment 602 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. In order to identify the countries referred to in paragraph 1, the Commission is empowered to adopt delegated acts in accordance with Article 60 to supplement this Regulation where a specific and serious threat to the financial system of the Union and to the proper functioning of the internal market other than those covered by Articles 23 and 24 has been identified.
Amendment 603 #
Proposal for a regulation
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. The Commission, when drawing up the delegated acts referred to in paragraph 1a, shall take into account, in particular, any assessments by the independent advisory board under Article -23(2) identifying third countries as posing a specific and serious threat to the financial system of the Union and the following criteria:
Amendment 608 #
Proposal for a regulation
Article 25 – paragraph 2 – point a – point v a (new)
Article 25 – paragraph 2 – point a – point v a (new)
(va) the position of that third country on the Union list of non-cooperative jurisdictions for tax purposes;
Amendment 609 #
Proposal for a regulation
Article 25 – paragraph 2 – point a – point v b (new)
Article 25 – paragraph 2 – point a – point v b (new)
(vb) the prevalence of cooperate opacity and financial secrecy laws;
Amendment 618 #
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, tThe Commission may request AMLA to adopt an opinion aimed at assessing the specific impact on the integrity of the Union’s financial system due to the level of threat posed by a third country.
Amendment 621 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission, when drawing up the delegated acts referred to in paragraph 1a, shall take into account in particular relevant evaluations from independent civil society organisations, independent academia, Union institutions and bodies involved in the AML/CFT framework, 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 631 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. By [3 years from the date of entry into force of this Regulation], AMLA shall, in cooperation with the independent advisory board, adopt guidelines defining the money laundering and terrorist financing trends, risks and methods involving any geographical area outside the Union to which obliged entities are exposed. AMLA shall take into account, in particular, the assessments provided by the independent advisory board and the risk factors listed in Annex III. Where situations of higher risk are identified, the guidelines shall include enhanced due diligence measures that obliged entities shall consider applying to mitigate such risks.
Amendment 655 #
Proposal for a regulation
Article 28 – paragraph 4 – point a
Article 28 – paragraph 4 – point a
(a) obtain additional information on the customer and the beneficial owner(s); such information shall be relevant, accurate, and limited to what is strictly necessary for the scrutiny required;
Amendment 748 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. In case of corporate entities, the beneficial owner(s) as defined in Article 2(22) shall be the natural person(s) who own(s), control(s), or benefit(s) from directly or indirectly, the corporate entity, either through an ownership interest or through control via other means.
Amendment 754 #
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 oneat least 5% of the shares or voting rights or other ownership interest in the corporate entity, including through bearer shareholdings, on every level of ownership on every level of ownership, including being party to a contract or financial instrument related to the shares, votes, assets or income of the corporate entity.
Amendment 770 #
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 776 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point e a (new)
Article 42 – paragraph 1 – subparagraph 2 – point e a (new)
(ea) a power of attorney to manage or dispose of the entity’s assets or income, particularly its bank or financial accounts.
Amendment 781 #
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, risk and structures of legal entities other than corporate entities, the mechanism under Article 45(32) applies, accompanied by a detailed justification of the reasons for that. Member States shall also notify any type of legal vehicle, which is explicitly excluded from registration, or if the exemption is implicit, as in the case that a legal vehicle is not considered a legal person and provide a justification for such an exclusion. The Commission shall make the notification public.
Amendment 788 #
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 identity the beneficial owner(s) of legal entities other than corporate entities and to address the risks created by complex ownership structures by [1 year from the date of application of this Regulation]. 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 802 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. For the purpose of this Regulation, beneficial ownership information shall be adequate, accurate, and currentup to date and include the following:
Amendment 805 #
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 of residence and nationality or nationalities of the beneficial owner, where applicable 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 813 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. All corporate and other legal entities incorporated in the Union shall obtain and hold adequate, accurate and currentup to date beneficial ownership information.
Amendment 817 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Where, after having exhausted all possible means of identification pursuant to Articles 42 and 43, no person is identified as beneficial owner, or where there is any doubt that the person(s) identified is the beneficial owner(s), the corporate or other legal entities shall keep records of the actions taken in order to identify their beneficial owner(s)identify the top 10 natural persons holding the majority of shares or voting rights.
Amendment 819 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 826 #
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Legal entities shall make the information collected pursuant to this Article available for the purpose of fighting money laundering and terrorism financing, upon request and without delay, to competent authorities.
Amendment 887 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. To the extent that it is strictly necessary for the purposes of preventing money laundering and terrorist financing, obliged entities may process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and personal data relating to criminal convictions and offences referred to in Article 10 of that Regulation (EU) 2016/679 subject to the safeguards provided for in paragraphs 2 and 3.
Amendment 889 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
Amendment 892 #
Proposal for a regulation
Article 55 – paragraph 3 – point a
Article 55 – paragraph 3 – point a
(a) such personal data relate to money laundering, its predicate offences or terrorist financing; processing is limited to personal data relating to criminal convictions related to money laundering and terrorist financing handed down in countries where the rule of law, and fundamental rights, in particular the presumption of innocence, the right of defence and right of a fair trial are respected
Amendment 893 #
Proposal for a regulation
Article 55 – paragraph 3 – point a a (new)
Article 55 – paragraph 3 – point a a (new)
(aa) the information is accurate, kept up to date, and not transferred onwards;
Amendment 894 #
Proposal for a regulation
Article 55 – paragraph 3 – point a b (new)
Article 55 – paragraph 3 – point a b (new)
(ab) no automated decision-making as referred to in Article 22 of Regulation 2016/679 takes place based on this information;
Amendment 895 #
Proposal for a regulation
Article 55 – paragraph 3 – point a c (new)
Article 55 – paragraph 3 – point a c (new)
Amendment 897 #
Proposal for a regulation
Article 55 – paragraph 3 a (new)
Article 55 – paragraph 3 a (new)
3a. staff handling such personal data shall have received appropriate training on the handling of sensitive personal data in the context of AML-CFT
Amendment 898 #
Proposal for a regulation
Article 55 – paragraph 4
Article 55 – paragraph 4
4. Personal data shall be processed by obliged entities on the basis of this Regulation only for the purposes of the prevention of money laundering and terrorist financing and shall not be further processed in a way that is incompatible with those purposes. The processing of personal data on the basis of this Regulation for commercial purposes shall be prohibited.
Amendment 904 #
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
Article 56 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, obliged entities may decide toshall replace the retention of copies of the information by a retention of the references to such information, provided that the nature and method of retention of such information ensure that the obliged entities can provide immediately to competent authorities the information and that the information cannot be modified or altered.
Amendment 907 #
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
Amendment 908 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
Obliged entities shall have systems in place that enable them to respond fully and speedily to enquiries from their FIU or from other competent authorities, in accordance with their national law, as to whether they are maintaining or have maintained, during a five-year period prior to that enquiry a business relationship with specified persons, and on the nature of that relationship, through secure channels and in a manner that ensures full confidentiality of the enquiries. Such system shall also provide for the authentication of competent authorities.
Amendment 919 #
Proposal for a regulation
Article 59
Article 59
Amendment 949 #
Proposal for a regulation
Article 63 – paragraph 1 – point b
Article 63 – paragraph 1 – point b
Amendment 952 #
Proposal for a regulation
Annex I – paragraph 1 – point a – point ii
Annex I – paragraph 1 – point a – point ii
Amendment 953 #
Proposal for a regulation
Annex I – paragraph 1 – point a – point ii
Annex I – paragraph 1 – point a – point ii
Amendment 954 #
Proposal for a regulation
Annex I – paragraph 1 – point a – point iii
Annex I – paragraph 1 – point a – point iii
Amendment 955 #
Proposal for a regulation
Annex I – paragraph 1 – point a – point iii
Annex I – paragraph 1 – point a – point iii
(iii) the customer’s and the customer’s beneficial owner’'s nature and behaviourreceptiveness, transparency and integrity;
Amendment 958 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
Annex II – paragraph 1 – point 3 – point a
(a) Member States identified in the Commission’s supra-national risk assessment in Article 7 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final], as having on average a low risk in relation to money laundering and terrorist financing;
Amendment 959 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point b
Annex II – paragraph 1 – point 3 – point b
(b) third countries having effective AML/CFT systems as identified by the Commission upon assessment of an independent advisory board in Article 23;
Amendment 960 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c
Annex II – paragraph 1 – point 3 – point c
(c) Member States and third countries identified by credible sources as having a low level of corruption or other criminal activity;
Amendment 961 #
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d
Annex II – paragraph 1 – point 3 – point d
(d) Member States and third countries which, on the basis of credible sources such as mutual evaluations, detailed assessment reports or published follow-up reports, have requirements to combat money laundering and terrorist financing consistent with the revised FATF Recommendations and effectively implement those requirements.
Amendment 963 #
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point e
Annex III – paragraph 1 – point 1 – point e
Amendment 975 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point a
Annex III – paragraph 1 – point 3 – point a
(a) third countries subject to increased monitoring or otherwise identified by the FATF due to theidentified by the Commission upon assessment of an independent advisory board in Article 23 as having compliance weaknesses in their AML/CFT systems;
Amendment 977 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b
Annex III – paragraph 1 – point 3 – point b
(b) Member States and third countries identified by credible sources/ acknowledged processes, such as mutual evaluations, detailed assessment reports or published follow-up reports, as not having effective AML/CFT systems;
Amendment 979 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point c
Annex III – paragraph 1 – point 3 – point c
(c) Member States and third countries identified by credible sources/ acknowledged processes as having significant levels of corruption or other criminal activity;
Amendment 981 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point d
Annex III – paragraph 1 – point 3 – point d
Amendment 982 #
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point e
Annex III – paragraph 1 – point 3 – point e