25 Amendments of Dorien ROOKMAKER related to 2021/0239(COD)
Amendment 125 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 224 #
Proposal for a regulation
Recital 66
Recital 66
Amendment 252 #
Proposal for a regulation
Recital 103 a (new)
Recital 103 a (new)
(103a) Much of what is dirty money has been clean at some point in time. Dirty money is best observed and detected when it is circulating in the financial system in banks with a highly developed monitoring function. Furthermore, it is helpful - for combating dirty money from criminal activities and the financing of terrorism - if monitoring is possible. Combating dirty money is very much hampered, as is the gathering of evidence against criminals, when dirty money finds its way into illegal banking activities outside the financial system. Monitoring of dirty money by financial institutions and reporting on it to supervisory authorities provides the best guarantee that criminals and terrorists will be prosecuted. Excluding all dirty money streams from the regular financial system, which makes monitoring impossible, makes it harder to prosecute criminals and terrorists.
Amendment 273 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘business relationship’ means a business, professional or commercial relationship with a customer which is connected with the professional activities of an obliged entity and which is expected, at the time when the contact is established, to have an element of duration, including a relationship where an obliged entity is asked to form a company or set up a trust for its customer, whether or not the formation of the company or setting up of the trust is the only transaction carried out for that customer;
Amendment 278 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19 – point a
Article 2 – paragraph 1 – point 19 – point a
(a) the provision of banking services by one credit institution as the correspondent to another credit institution as the respondent, including providing a current or other liability account and related services used for the execution of third-party payments, such as cash management, international funds transfers, cheque clearing, payable-through accounts and foreign exchange services;
Amendment 304 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
Article 2 – paragraph 1 – point 25 a (new)
(25a) No public function referred to in points (a) to (d) shall be understood as covering middle-ranking or more junior officials;
Amendment 310 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘senior management’ means, in addition to executive members of the board of directors or, if there is no board, of its equivalent governing body, an officer or employee at management level with sufficient knowledge of the institution's money laundering and terrorist financing risk exposure and sufficient seniority to take decisions affecting its risk exposure;
Amendment 315 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35
Article 2 – paragraph 1 – point 35
(35) ‘targeted financial sanctions’ means both asset freezing and prohibitions to make funds or other assets available, directly or indirectly, for the benefit of designated persons and entities pursuant to Council Decisions related to terrorism and terrorism financing adopted on the basis of Article 29 of the Treaty on European Union and Council Regulations adopted on the basis of Article 215 of the Treaty on the Functioning of the European Union;
Amendment 322 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
(36a) "state owned enterprise" is an enterprise whose capital is majority owned by the federal or central state.
Amendment 323 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36 b (new)
Article 2 – paragraph 1 – point 36 b (new)
(36b) "person purporting to act on behalf of" is the person(s) representing the customer in the course of the business relationship in accordance with the law or a delegation of authority by mandate, e.g. person initiating or extending the business relationship, deciding terms and conditions of agreements.
Amendment 400 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an independent audit function to testevaluate whether the internal policies, controls and procedures referred to in point (a) operate effectively;
Amendment 402 #
Proposal for a regulation
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) the internal communication of the relevant obliged entity’s internal policies, controls and procedures, including to its agents and distributors;
Amendment 426 #
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 from a management body who shall be responsible for the implementation of measures to ensure compliance with this Regulation (‘corporate compliance manager’). Where the entity has no governing body, the function should be performed by a member of its senior management.
Amendment 427 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The corporate compliance manager shall be responsible for the oversight of the implementingation of the obliged entity’s policies, controls and procedures and for receiving 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 governing body. For parent undertakings, that person shall also be responsible for overseeing group-wide policies, controls and procedures.
Amendment 430 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The corporate compliance manager shall be responsible for implementing the obliged entity’s policies, controls and procedures and for receiving 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 governing body. For parent undertakings, that person shall also be responsible for overseeing group-wide policies, controls and procedures.
Amendment 434 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Obliged entities shall have a operational compliance officer, to be appointed by the board of directors or governing body, who shall be in charge ofa senior manager, who shall be in charge of the monitoring and providing assistance to 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 460 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) when involved in or carrying out an occasional transaction that amounts to EUR 120 000 or more, or the equivalent in national currency or in value, whether that transaction is carried out in a single operation or through linked transactions, or a lower threshold laid down pursuant to paragraph 5;
Amendment 469 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. By way of derogation to paragraph 1, Member States may allow obliged entities not to apply certain customer due diligence measures where a payment instrument is intrinsically considered as low risk and can only be used for the purchase of goods and services that pursue cultural or educational objectives.
Amendment 489 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Where obliged entities identify an increasedhigh risk of money laundering or terrorist financing they shall take enhanced due diligence measures pursuant to Section 4 of this Chapter. Where situations of lower risk are identified, obliged entities may apply simplified due diligence measures pursuant to Section 3 of this Chapter.
Amendment 501 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where obliged entities either accept or refuse to enter in a business relationship, they shall keep record of the actions taken in order to comply with the requirement to apply customer due diligence measures, including records of the decisions taken and the relevant supporting documents. Documents, data or information held by the obliged entity shall be updated whenever the customer due diligence is reviewed pursuant to Article 21.
Amendment 511 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. For the purposes of identifying the beneficial owner of a legal entity, obliged entities shall collect the information referred to in Article 44(1), point (a), and the information referred to in paragraph 1, point (b), of this Articlefirst name and surname(s), and date of birth.
Amendment 513 #
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 natural person(s) holding the position(s) of senior managing official(s) 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 resorting to the identification of a senior managing official.
Amendment 519 #
Proposal for a regulation
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Obliged entities shall obtain the information, documents and data necessary for the verification of the customer and beneficial owner's identity through either of the following:
Amendment 524 #
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
(a) the submission of the identity document, passport or equivalent and the acquisition of information from reliable and independent sources, whether accessed directly or provided by the customer;
Amendment 534 #
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
For the purposes of verifying the information on the beneficial owner(s), obliged entities shall also consult the central registers referred to in Article 10 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] as well as additional information on a risk based approach. Obliged entities shall determine the extent of the additional information to be consulted, having regard to the risks posed by the transaction or the business relationship and the beneficial owner.