[ParlTrack]

Proposal for a directive
Article 9 – paragraph 1

Member States shall prohibit their credit and financial institutions from keeping anonymous accounts or anonymous passbooks. Member States shall in all cases require that the owners and beneficiaries of existing anonymous accounts or anonymous passbooks be made the subject of customer due diligence measures ~~as soon as possible~~by 1 January 2015 at the latest and in any event before such accounts or passbooks are used in any way.

2013/08/01
Committee: ECON

Hans-Peter MARTIN

Proposal for a directive
Article 38 – paragraph 1

1. Obliged entities and their directors and employees shall ~~not~~ disclose to the customer concerned or, except where a court decision forbids this, but not under any circumstances to other third persons the fact that information has been transmitted in accordance with Articles 32 and 33 or that a money laundering or terrorist financing investigation is being or may be carried out.

2013/08/01
Committee: ECON

Hans-Peter MARTIN

Proposal for a directive
Article 38 – paragraph 3

3. The prohibition laid down in paragraph 1 shall not prevent disclosure between institutions from Member States, or from third countries which impose requirements equivalent to those laid down in this Directive provided that they belong to the same group.deleted

2013/08/01
Committee: ECON

Hans-Peter MARTIN

Proposal for a directive
Article 38 – paragraph 4 – subparagraph 1

The prohibition laid down in paragraph 1 shall not prevent disclosure between persons referred to in Article 2(1)(3)(a) and (b) from Member States, or from third countries which impose requirements equivalent to those laid down in this Directive, who perform their professional activities, whether as employees or not, within the same legal person or a network.deleted

2013/08/01
Committee: ECON

Hans-Peter MARTIN

Proposal for a directive
Article 38 – paragraph 4 – subparagraph 2

~~For the purposes of the first subparagraph, a "network" shall mean the larger structure to which the person belongs and which shares common ownership, management or compliance control.~~deleted

2013/08/01
Committee: ECON

Hans-Peter MARTIN

Proposal for a directive
Article 38 – paragraph 5

5. For entities or persons referred to in Article 2(1)(1), (2) and (3)(a) and (b) in cases related to the same customer and the same transaction involving two or more institutions or persons, the prohibition laid down in paragraph 1 of this Article shall not prevent disclosure between the relevant institutions or persons provided that they are situated in a Member State, or in a third country which imposes requirements equivalent to those laid down in this Directive, and that they are from the same professional category and are subject to obligations as regards professional secrecy and personal data protection.deleted

2013/08/01
Committee: ECON

Hans-Peter MARTIN

Proposal for a directive
Article 38 – paragraph 6

~~6. Where the persons referred to in Article 2(1)(3)(a) and (b) seek to dissuade a client from engaging in illegal activity, this shall not constitute a disclosure within the meaning of paragraph 1.~~deleted

2013/08/01
Committee: ECON

7 Amendments of Hans-Peter MARTIN related to 2013/0025(COD)

ParlTrack - 2011-2024