Activities of Eva LICHTENBERGER related to 2013/0025(COD)
Legal basis opinions (0)
Amendments (35)
Amendment 22 #
Proposal for a directive
Recital 1
Recital 1
(1) Massive flows of dirtyillicit money can damage the stability and reputation of the financial sector and threaten the single market as well as international development, and terrorism shakes the very foundations of our society. Crucial facilitators of illicit money flows are often complex corporate structures operating in and through secrecy jurisdiction, often also referred to as tax havens. In addition to the criminal law approach, a preventive effort via the financial system can produce results.
Amendment 24 #
Proposal for a directive
Recital 10
Recital 10
(10) There is a need to identify any natural person who exercises ownership or control over a legal person. While finding a percentage shareholding will not automatically result in finding the beneficial owner, it is an evidential factor to be taken into accountcan be an aide to the identification of the beneficial owner. Identification and verification of beneficial owners should, where relevant, extend to legal entities that own other legal entities, and should follow the chain of ownership until the natural person who exercises ownership or control of the legal person that is the customer is found.
Amendment 26 #
Proposal for a directive
Recital 11
Recital 11
(11) The need for accurate and up-to-date information on the beneficial owner of legal persons, mutual societies, trusts, foundations, holdings and all other similar existing or future legal arrangements 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 makeensure that this information available to competent authorities and obliged entitiesis made publicly available in form of a public registry. In addition, trustees should declare their status to obliged entities.
Amendment 27 #
Proposal for a directive
Recital 15
Recital 15
(15) Underpinning the risk-based approach is a need for the Member States and the European Union to identify, understand and mitigate the money laundering and terrorist financing risks it faces. The importance of a supra-national approach to risk identification has been recognised at international level, and the European Supervisory Authority (European Banking Authority) (hereinafter ‘EBA’), established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC ; the European Supervisory Authority (European Insurance and Occupational Pensions Authority) (hereinafter ‘EIOPA’), established by Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC ; and the European Supervisory Authority (European Securities and Markets Authority) (hereinafter ‘ESMA’), established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC , should be tasked with issuing an opinion on the risks affecting the financial sector.
Amendment 28 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to better understand and mitigate risks at European Union level, Member Statesthe Commission should share the results of their risk assessments with each other, the Commission and EBA, EIOPA and ESMA, where appropriate.
Amendment 29 #
Proposal for a directive
Recital 21
Recital 21
(21) This is particularly true of business or beneficial relationships, with individuals holding, positions within mutual societies, foundations and trusts or having held, important public positions, particularly those from countries where corruption is widespread, within the Union and internationally. Such relationships may expose the financial sector in particular to significant reputational and legal risks. The international effort to combat corruption also justifies the need to pay special attention to such cases and to apply appropriate 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.
Amendment 30 #
Proposal for a directive
Recital 29
Recital 29
(29) There have been a number of cases of employewhistle-blowers, employees and representatives 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 employewhistle- blowers, employees and representatives from such threats or hostile action.
Amendment 31 #
Proposal for a directive
Recital 31
Recital 31
(31) Certain aspects of the implementation of this Directive involve the collection, analysis, storage and sharing of data. The processing of personal data should be permitted in order to comply with the obligations laid down in this Directive, including carrying out of customer due diligence, on-going monitoring, investigation and reporting of unusual and suspicious transactions, identification of the beneficial owner of a legal person or legal arrangement, sharing of information by competent authorities and sharing of information by financial institutions. The personal data collected should be limited to what is strictly necessary for the purpose of complying with the requirements of this Directive and not further processed in a way inconsistent with Directive 95/46/EC. In particular, further processing of personal data for commercial purposes should be strictly prohibited.
Amendment 32 #
Proposal for a directive
Recital 37
Recital 37
(37) Feedback should, where practicable, 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. Particularly the Commission should keep track of the use and involvement of 200 and 500 EUR notes in money laundering and terrorist financing. The Commission should assess the relevance of these notes for on the one hand money supply of the real economy and for on the other hand illicit activities and if 200 and 500 EUR notes facilitate money laundering and terrorist financing. The assessment has to be carried out within 2 years from the date of entry into force of this directive.
Amendment 33 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) 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 44 #
Proposal for a directive
Article 5 – paragraphs 1 a and 1 b (new)
Article 5 – paragraphs 1 a and 1 b (new)
Amendment 45 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 46 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraphs 1 a, 1 b and 1 c (new)
Article 6 – paragraph 1 – subparagraphs 1 a, 1 b and 1 c (new)
The Commission shall ensure that national AML/CFT legislations of the Member States adopted on the basis of the present directive are effectively consistent with the European legal framework and implemented. For the application of paragraph 1, the Commission will be assisted by a Committee on the Prevention of Money Laundering and Terrorism Financing and, where applicable, by the European Supervisory Authorities and other European competent authorities. Evaluations of national AML/CTF legislations intended at paragraph 1 are made without prejudice of those conducted by the Financial Action Task Force or the FATF Style Regional Bodies.
Amendment 47 #
Proposal for a directive
Article 6 – paragraphs 1 a, 1 b, 1 c, 1 d and 1 e (new)
Article 6 – paragraphs 1 a, 1 b, 1 c, 1 d and 1 e (new)
1a. The Member States shall endorse in their national AML/TF regimes all the lists of countries published by FATF which are directly applicable in national law. 1b. The Member States shall be able to apply appropriate countermeasures when called upon to do so by the FATF. Such countermeasures have to be effective and proportionate to the risks and include at least one of the measures set out in Annex [IV]. 1c. The Member States shall require from their financial institutions to apply enhanced due diligence measures with natural and legal persons, and financial institutions from the abovementioned countries in paragraph 1. The type of enhanced due diligence measures applied should be effective and proportionate to the risks and include one of the measures set out in Annex [V] 1d. The Member States are free to implement the requirements stated in paragraph 2 and 3 of this article even in absence of any call by FATF to do so towards third countries. In such case, Member States concerned shall inform the ESAs and the Commission of the identity of that third country, and the nature of countermeasure(s) taken. In those cases, the actions taken by Member States should be considered as of public order. 1e. The Committee on the Prevention of Money Laundering and Terrorist Financing shall ensure a minimum level of coordination of the actions taken by Member States on the enhanced due diligence measures and countermeasures they adopt towards countries mentioned at paragraph 1.
Amendment 48 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall make the opinion available to assist Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing. : - keep the assessment up to date, - make the results of its risk assessment publicly available to Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing, and to allow other stakeholders including legislators to better understand the financial risks, - make appropriate information available to obliged entities to carry out their own money laundering and terrorist financing risk assessments. The Commission shall be assisted by the Committee on the Prevention of Money Laundering and Terrorist Financing, hereinafter referred to as 'the Committee'. The Committee shall be a committee within the meaning of Regulation EU 182/2011. Where high risks are identified at European level by the Commission, the Member States AML/CFT regimes shall address these high risks. Without prejudice to any other measures taken at national level by Member States to manage and mitigate these risks, the Commission could prescribe to Member States to take enhanced due diligence to manage and mitigate risks. Member States shall ensure that financial institutions and Designated Non- Financial Businesses and Professions take into account these enhanced due diligence measures to carry out and manage their own money laundering and terrorist financing risk assessments. For the application of the above sub paragraph, the Commission shall ensure that Member States have effectively taken into account its risk assessment in their national AML/FT legislation.
Amendment 54 #
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., including mutual societies, trusts, foundations, holdings and all other similar, in terms of structure or function, existing or future legal arrangements established within their territory, or governed under their law obtain, hold and transmit to a public registry pursuant to paragraph 4 of this article, adequate, accurate and current information on their beneficial ownership, at the moment of establishment or any changes thereof. The public registry shall contain but not be limited to the following information: a) name and legal form of the corporate or legal entity, b) address c) basic regulatory powers d) list of directors e) shareholder information including names, dates of birth and addresses, the number of shares per shareholder, and categories of shares The requirements stipulated in this paragraph are without prejudice to the customer due diligence provisions of this directive
Amendment 55 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Regarding trusts or other types of legal entity and arrangements with a similar structure and function of trusts, the information shall also include the identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust. 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 entities.
Amendment 57 #
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10.
Amendment 58 #
Proposal for a directive
Article 29 – paragraph 2 b (new)
Article 29 – paragraph 2 b (new)
2b. Member States shall ensure that the information referred to paragraphs 1,2,3, of this article is displayed in a public beneficial ownership registry in a timely, comprehensive and comprehensible manner before end of 2014. Any changes to the information required shall be clearly indicated in the registry without delay and at latest within 30 days.
Amendment 59 #
Proposal for a directive
Article 29 – paragraph 2 c (new)
Article 29 – paragraph 2 c (new)
2c. For the purposes of this article, Member States shall establish effective anti-abuse measures with view to preventing misuse based on bearer shares and bearer share warrants.
Amendment 60 #
Proposal for a directive
Article 29 – paragraph 2 d (new)
Article 29 – paragraph 2 d (new)
2d. Sanctions for non-compliance with this article shall be applied in accordance with article 55 of this directive.
Amendment 61 #
Proposal for a directive
Article 30
Article 30
Amendment 62 #
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 be provided with adequate financial, technical and human resources in order to fulfil its tasks. Member states shall ensure that the FIU is free from undue interference.
Amendment 64 #
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. EBA, EIOPA, ESMA and the FIU shall provide one or more secure communication channel for persons to report suspicions of laundering or terrorist financing. Such channels shall ensure that the identity of persons providing information is known only to EBA; EIOPA, ESMA or the FIU
Amendment 66 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
Member States shall require that their obliged entities have systems in place that enable them to respond fully and rapidly to enquiries from the FIU, or from other authorities, in accordance withwhere the legislation of the third country does not permit customer due diligence obligations and the application of the measures required under the first subparagraph of paragraph 1, that obliged entities must ensure that branches, subsidiaries and majority-owned companies in this their national law, as to whether they maintain or have maintained during the previous five years a business relationship with specified natural or legal persons and on the nature of that relationshipd country do not establish or continue business relationships and do not undertake transactions. Insofar as a business relationship already exists, the obliged entity must ensure that such relationship is terminated by cancelling the business contract or any other effective measure.
Amendment 67 #
Proposal for a directive
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Member States shall require that, where the legislation of the third country does not permit customer due diligence obligations and the application of the measures required under the first subparagraph of paragraph 1, obliged entities take additional measures to effectively handle the risk of money laundering or terrorist financing, and inform their home supervisors. If the additional measures are not sufficient, competent authorities in the home country shall consider additional supervisory actions, including, as appropriate, requesting the financial group to close down its operations in the host countrymust ensure that branches, subsidiaries, outsourced activities and majority-owned companies in this third country do not establish or continue business relationships and do not undertake transactions. Insofar as a business relationship already exists, the obliged entity must ensure that such relationship is terminated by cancelling the business contract or any other effective measure.
Amendment 68 #
Proposal for a directive
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
1a. Member States shall require that obliged entities appoint the member(s) of the management body who are responsible for the implementation of the laws, regulations and administrative provisions necessary to comply with this Directive.
Amendment 69 #
Proposal for a directive
Article 47 – paragraph 1
Article 47 – paragraph 1
Amendment 70 #
Proposal for a directive
Article 48 – paragraph 1
Article 48 – paragraph 1
The Commission may lend such assistance as may be needed to facilitate coordination, including the exchange of information between FIUs within the Union. It mayshall regularly convene meetings with representatives from Member States' FIUs, EBA, EIOPA and ESMA to facilitate co- operation and to exchange views on co- operation related issues.
Amendment 71 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Member States shall ensure that obliged entities and any legal entity pursuant to Article 29, can be held liable for breaches of the national provisions adopted pursuant to this Directive.
Amendment 72 #
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Without prejudice to the right of Member States to impose criminal penalties, Member States shall ensure that competent authorities may take appropriate administrative measures and impose administrative sanctions where obliged entities, or any legal entity pursuant to Article 29, breach the national provisions, adopted in the implementation of this Directive, and shall ensure that they are applied. Those measures and sanctions shall be effective, proportionate and dissuasive.
Amendment 73 #
Proposal for a directive
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. This Article shall at least apply to situations where obliged entities, or any legal entity defined pursuant to Article 29, demonstrate systematic failings in relation to the requirements of the following Articles:.
Amendment 75 #
Proposal for a directive
Article 58 a (new)
Article 58 a (new)
Article 58a Delegated Powers 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 5a(1) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 62. 3. The delegation of power referred to in Article 5a(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of that decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 5a(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 76 #
Proposal for a directive
Annex III a (new)
Annex III a (new)
Amendment 77 #
Proposal for a directive
Annex III b (new)
Annex III b (new)
Annex IIIb The following are type of enhanced due diligence measures that Member States should at least apply for the application of [article x para 3] Obtaining additional information on the customer (e.g. occupation, volume of assets, information available through public databases, internet, etc.), and updating more regularly the identification data of customer and beneficial owner. Obtaining additional information on the intended nature of the business relationship. Obtaining information on the source of funds or source of wealth of the customer. Obtaining information on the reasons for intended or performed transactions. Obtaining the approval of senior management to commence or continue the business relationship. Conducting enhanced monitoring of the business relationship, by increasing the number and timing of controls applied, and selecting patterns of transactions that need further examination. Requiring the first payment to be carried out through an account in the customer's name with a bank subject to similar CDD standards.