32 Amendments of Roberts ZĪLE related to 2021/0239(COD)
Amendment 123 #
Proposal for a regulation
Recital 1
Recital 1
(1) Directive (EU) 2015/849 of the European Parliament and of the Council23 constitutes the main legal instrument for the prevention of the use of the Union financial system for the purposes of money laundering and terrorist financing. That Directive sets out a comprehensive legal framework, which Directive (EU) 2018/843 of the European Parliament and the Council24 further strengthened by addressing emerging risks and increasing transparency of beneficial ownership. Notwithstanding its achievements, experience of inaccurate implementation of minimum standards that have led to a fragmented, inefficient environment in the Union, thereby also affecting competition of the financial system in the single market has shown that further improvements should be introduced to adequately mitigate risks and to effectively detect criminal attempts to misuse the Union financial system for criminal purposes. _________________ 23 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73). 24 Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (OJ L 156, 19.6.2018, p. 43).
Amendment 127 #
Proposal for a regulation
Recital 2
Recital 2
(2) The main challenge identified in respect to the application of the provisions of Directive (EU) 2015/849 laying down obligations for private sector actors, the so- called obliged entities, is the lack of direct applicability of those rules and a fragmentation of the approach along national lines. Whereas those rules have existed and evolved over three decades, as a rule they are still implemented in a manner not fully consistent with the requirements of an integrated internal market. Therefore, it is necessary that rules on matters currently covered in Directive (EU) 2015/849 which may be directly applicable by the obliged entities concerned, as well as other positive examples that Member States have already implemented are addressed in a new Regulation in order to achieve the desired uniformity of application.
Amendment 128 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) whereas, in the current unstable situation of increased security threats, the EU legal framework for combating money laundering and terrorist financing should be strengthened and harmonised so as to close existing gaps and tighten up current regulations in order to hinder criminal activity in this area;
Amendment 136 #
Proposal for a regulation
Recital 9
Recital 9
(9) Independent legal professionals, as defined by the Member States, should be subject to this Regulation when participating in financial or corporate transactions, including when providing tax advice, where there is the risk of the services provided by those legal professionals being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing. There should, however, be exemptions from any obligation to report information obtained before, during or after judicial proceedings, or in the course of ascertaining the legal position of a client, which should be covered by the legal privilege. Therefore, legal advice should remain subject to the obligation of professional secrecy, except where the legal professional is taking part in money laundering or terrorist financing, the legal advice is provided for the purposes of money laundering or terrorist financing, or where the legal professional knows that the client is seeking legal advice for the purposes of money laundering or terrorist financing.
Amendment 212 #
Proposal for a regulation
Recital 62
Recital 62
(62) Obliged entities may outsource tasks relating to the performance of customer due diligence to an agent or external service provider, unless they are established in third countries that are designated as high-risk, as having compliance weaknesses or as posing a threat to the Union’s financial system. In the case of agency or outsourcing relationships on a contractual basis between obliged entities and external service providers not covered by AML/CFT requirements, any AML/CFT obligations upon those agents or outsourcing service providers could arise only from the contract between the parties and not from this Regulation. Therefore, the responsibility for complying with AML/CFT requirements should remain entirely with the obliged entity itself. The obliged entity should in particular ensure that, where an outsourced service provider is involved for the purposes of remote customer identification, the risk-based approach is respected, as well as the utmost care in ensuring the customer's confidence in the obliged entity’s identity.
Amendment 215 #
Proposal for a regulation
Recital 63
Recital 63
(63) In order for third party reliance and outsourcing relationships to function efficiently, including the performance of customer due diligence, further clarity is needed around the conditions according to which reliance takes place. AMLA should have the task of developing guidelines on the conditions under which third-party reliance and outsourcing can take place, as well as the roles and responsibilities of the respective parties. To ensure that consistent oversight of reliance and outsourcing practices is ensured throughout the Union, the guidelines should also provide clarity on how supervisors should take into account such practices and verify compliance with AML/CFT requirements when obliged entities resort to those practices.
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) measures to limitstop the misuse of bearer instruments.
Amendment 266 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – introductory part
Article 2 – paragraph 1 – point 7 – introductory part
(7) ‘trust or company service provider’ means any person or arrangement which has a similar structure or function to an express trust that, by way of its business, provides any of the following services to third parties:
Amendment 268 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point b
Article 2 – paragraph 1 – point 7 – point b
(b) acting as, or arranging for another person to act as, a director or secretary of a company, a partner of a partnership, a president of a management board or a similar position in relation to other legal persons;
Amendment 277 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17a) 'high-level professional sports club' means a legal entity established in a Member State which owns or manages a professional sports club of which at least one team plays in at least one championship of the highest level of the competition in that Member State;
Amendment 306 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26 a (new)
Article 2 – paragraph 1 – point 26 a (new)
(26a) the siblings
Amendment 309 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27 a (new)
Article 2 – paragraph 1 – point 27 a (new)
(27a) 'high-net-worth individual' means a natural person who owns at least EUR 500 000 or the equivalent in national currency in liquid financial assets;
Amendment 329 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point a
Article 3 – paragraph 1 – point 3 – point a
(a) auditors, certified debt collectors, external accountants 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 matters as principal business or professional activity;
Amendment 330 #
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 and other independent legal professionals, recognised as such in accordance with the practice of the Member States, 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 336 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point d
Article 3 – paragraph 1 – point 3 – point d
(d) estate agents, including when acting as intermediaries in the letting of immovable property for transactions for which the monthly rent amounts to EUR 10 000 or more, or five times exceeds the average monthly rent in a Member State, or the equivalent in national currency;
Amendment 349 #
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, and other similar goods, 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 108 000 or the equivalent in national currency;
Amendment 354 #
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 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 108 000 or the equivalent in national currency;
Amendment 362 #
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 including but not limited to third country nationals seeking to obtain residence rights or a citizenship in a Member State in exchange of any kind of investment, including but not limited to 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 367 #
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) high level professional sports clubs
Amendment 375 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. With the exception of casinos and online gambling platforms, Member States may decide to exempt, in full or in part, providers of gambling services from the requirements set out in this Regulation on the basis of the proven low risk posed by the nature and, where appropriate, the scale of operations of such services.
Amendment 381 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall notify the Commission of any exemption that they intend to grant in accordance with Articles 4 and 5 without delay. The notification shall include a justification based on the relevant risk assessment under a direct supervision of the Member State for the exemption.
Amendment 383 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) confirm that the exemption may be granted by reasoned decision on the basis of the justification given by the Member State;
Amendment 385 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Upon reception of a decision by the Commission pursuant to paragraph 2(a), Member States may adopt the decision granting the exemption. Such decision shall state the reasons on which it is based. Member States shall review such decisions regularly, but no later than one year after the exemption has been granted for the first time, and in any case when they update their national risk assessment pursuant to Article 8 of Directive [please insert reference – proposal for 6th Anti- Money Laundering Directive - COM/2021/423 final].
Amendment 387 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Commission shall publish every year in the Official Journal of the European Union the list of exemptions granted and an analytical and factual overview of the exemptions granted pursuant to this Article.
Amendment 399 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
Those internal policies, controls and procedures shall take into account the national risk assessments and the guidelines of FIUs and supervisors, including the results of controls by the competent authorities.
Amendment 422 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. OWithout prejudice to national provisions obliged entities shall appoint one executive member of their board of directors or, if there is no board, of its equivalent governing body 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 480 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) identify the customer and verify the customer’s identity, ensuring that the methods taken are fully in line with the [GDPR] Regulation (EU) 2016/679 of the European Parliament and of the Council and ensuring that the identification of the obliged entity is provided to the customer in a reliable and trustworthy form via secure authentification process where appropriate;
Amendment 487 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. financial institutions for the purposes of identifying the customer and verify the customer's identity shall ensure that the methods taken are fully in line with the [GDPR] Regulation 2016/679 of the European Parliament and of the Council and ensure that the identification of the obliged entity is provided to the customer in a reliable and trustworthy form via secure authentification process where technically possible;
Amendment 675 #
Proposal for a regulation
Article 29 – paragraph 1 – point b a (new)
Article 29 – paragraph 1 – point b a (new)
(ba) In addition to the countermeasures selected under this Article the Member States shall not grant citizenship or residence status to nationals of countries designated under Articles 23, 24, or 25 on the basis of national schemes that grant citizenship or residence rights in exchange for any type of investment.
Amendment 716 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1a. The obliged entity shall ensure that the customer is fully and reliably informed about the obliged entity’s identity.
Amendment 873 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Notaries, lawyers and other independent legal professionals, auditors, external accountants and tax advisors shall be exempted from the requirements laid down in Article 50(1) to the extent that such exemption relates to information that they receive from, or obtain on, one of their clients, in the course of ascertaining the legal position of their client, or performing their task of defending or representing that client in, or concerning, judicial proceedings, that is related to suspicious transactions or activities of similar nature, including providing advice on instituting or avoiding such proceedings, whether such information is received or obtained before, during or after such proceedings.
Amendment 925 #
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 107 000 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 and whether the transaction has been done by resident or non-resident.