Activities of Emine BOZKURT related to 2013/0025(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing PDF (706 KB) DOC (782 KB)
Amendments (22)
Amendment 98 #
Proposal for a directive
Recital 1
Recital 1
(1) Massive flows of dirty money can damage the stability and reputation of the financial sector and threaten the single market, and terrorism shakes the very foundations of our society. In addition to further developing the criminal law approach, a preventive effortt EU level, prevention via the financial system can produce resultsis indispensable and complementary.
Amendment 100 #
Proposal for a directive
Recital 2
Recital 2
(2) The soundness, integrity and stability of credit and financial institutions and confidence in the financial system as a whole could be seriously jeopardised by the efforts of criminals and their associates either to disguise the origin of criminal proceeds or to channel lawful or unlawful money for terrorist purposes. In order to facilitate their criminal activities, money launderers and terrorist financers could try to take advantage of the freedom of capital movements and the freedom to supply financial services which the integrated financial area entails, if. Therefore, certain coordinating measures are not adoptedecessary at Union level.
Amendment 123 #
Proposal for a directive
Recital 11
Recital 11
(11) The need for accurate and up-to-date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retain information on their beneficial ownership and make this information available to competent authorities and obliged entitiein public registers. In addition, trustees should declare their status to obliged entitieso.
Amendment 126 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) In this regard, the mentioned registers will be in full compliance with the Union legal order, especially as regards European Union data protection rules and the protection of fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 135 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Money laundering is becoming increasingly sophisticated and includes also illegal, and sometimes even legal, betting, in particular in relation to sporting events; Whereas new forms of lucrative organised crime like match- fixing have developed and serve as a profitable form of criminal activity related to money laundering;
Amendment 146 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) The need for enhanced customer due diligence measures in respect of persons who hold or have held prominent functions domestically or abroad and senior figures in international organisations should not, however, lead to a situation in which lists containing information on such persons are traded for commercial purposes. Member States should take appropriate measures to prohibit such activity.
Amendment 149 #
Proposal for a directive
Recital 24
Recital 24
(24) In the case of agency or outsourcing relationships on a contractual basis between obliged entities and external natural or legal persons not covered by this Directive, any anti money laundering and anti-terrorist financing obligations for those agents or outsourcing service providers as part of the obliged entities, may only arise from contract and not from this Directive. The responsibility for complying with this Directive should remain with the obliged entity covered herebyprimarily. In addition, Member States should ensure that any such third parties may be held liable for breaches of national provisions adopted pursuant to this Directive.
Amendment 157 #
Proposal for a directive
Recital 29
Recital 29
(29) There have been a number of cases of employees who report their suspicions of money laundering being subjected to threats or hostile action. Although this Directive cannot interfere with Member States' judicial procedures, this is a crucial issue for the effectiveness of the anti- money laundering and anti-terrorist financing system. Member States should be aware of this problem and should do whatever they can to protect employees from such threats or hostile action, making it easier for them to report suspicions and thus strengthening the fight against money laundering.
Amendment 160 #
Proposal for a directive
Recital 32
Recital 32
(32) The fight against money-laundering and terrorist financing is recognised as an important public interest ground by all Member States. The eradication of such phenomena requires a resolute political will and cooperation at all levels.
Amendment 165 #
Proposal for a directive
Recital 36
Recital 36
(36) Money laundering and terrorist financing are international problems and the effort to combat them should be global. Where Union credit and financial institutions have branches and subsidiaries located in third countries where the legislation in this area is deficient, they should, in order to avoid the application of very different standards within the institution or group of institutions, apply Union standards or notify the competent authorities of the home Member State if application of such standards is im. Those Union credit and financial institutions should work together with the Member States to ensure that Union standards are applied wherever possible.
Amendment 168 #
Proposal for a directive
Recital 37
Recital 37
(37) Feedback should, where practicanever possible, be made available to obliged entities on the usefulness and follow-up of the suspicious transactions reports they present. To make this possible, and to be able to review the effectiveness of their systems to combat money laundering and terrorist financing Member States should keep and improve the relevant statistics. To further enhance the quality and consistency of the statistical data collected at Union level, the Commission should keep track of the EU- wide situation with respect to the fight against money laundering and terrorist financing and publish regular overviews.
Amendment 213 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Amendment 312 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) identifying the beneficial owner and taking reasonablethe necessary measures to verify his identity so that the institution or person covered by this Directive is satisfied that it knows who the beneficial owner is, including, as regards legal persons, trusts and similar legal arrangements, taking reasonable measures to understand the ownership and control structure of the customer;
Amendment 345 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Member State shall take all appropriate measures to prevent the trade of information on publicly exposed persons for commercial purposes.
Amendment 352 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
Member States may permit the obliged entities to rely on third parties to meet the requirements laid down in Article 11(1)(a), (b) and (c). However, the ultimate responsibility for meeting those requirements shall remain with the obliged entity which relies on the third party. In addition, Member States shall ensure that any such third parties may also be held liable for breaches of national provisions adopted pursuant to this Directive.
Amendment 367 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that corporate or legal entities established within their territory obtain and hold adequate, accurate and current information on their beneficial ownership. The register shall contain minimum information to clearly identify the beneficial owner.
Amendment 386 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member States shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entitis contained in a register which is publicly available and can be accessed in a timely manner. Member States shall report access to and the form of the registers to the European Commission. The European Commission can than provide for an EU-wide overviesw.
Amendment 422 #
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The FIU shall be established as a central national unit. It shall be responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of information which concern potential money laundering or associated predicate offences, potential terrorist financing or are required by national legislation or regulation. The FIU shall beMember States shall ensure that the FIU is provided with adequate financial and human resources in order to fulfil its tasks.
Amendment 437 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Member States shall take all appropriate measures in order to protect employees of the obliged entity who report suspicions of money laundering or terrorist financing either internally or to the FIU from being exposed to threats or hostile action. They will ensure that there are adequate witness and whistle-blower protection programmes.
Amendment 469 #
Proposal for a directive
Article 44 – paragraph 3
Article 44 – paragraph 3
3. In respect of the obliged entities referred to in Article 2(1)(3) (a), (b), (d) and (e), Member States shall ensure that competent authorities take the necessary measures to prevent criminalonvicted criminals in the abovementioned areas or their associates from holding or being the beneficial owner of a significant or controlling interest, or holding a management function in those obliged entities.
Amendment 488 #
Proposal for a directive
Article 54 – paragraph 1
Article 54 – paragraph 1
Member States shall ensure thatcourage cooperation of their FIUs cooperate with Europol regarding analyses carried out having a cross-border dimension concerning at least two Member States.
Amendment 494 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Member States shall ensure that obliged entities can be held liable for breaches of the national provisions adopted pursuant to this Directive, including in cases where obliged entities rely on third parties to meet the requirements laid down in this Directive. In addition, Member States shall ensure that any such third parties may also be held liable for breaches of national provisions adopted pursuant to this Directive.