8 Amendments of Véronique MATHIEU HOUILLON related to 2013/0025(COD)
Amendment 104 #
Proposal for a directive
Recital 5
Recital 5
(5) Furthermore, the misuse of the financial system to channel criminal or even clean money to terrorist purposes poses a clear risk to the integrity, proper functioning, reputation and stability of the financial system. Accordingly, the preventive measures of this Directive should cover not only the manipulation of money derived from crime but also the collection of money or property for terrorist purposes. It should also address the vulnerabilities of the financial systems in the different EU Member States.
Amendment 124 #
Proposal for a directive
Recital 11
Recital 11
(11) It is important to ensure and enhance the traceability of payments. 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 entities. In addition, trustees should declare their status to obliged entities.
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) the conversion or transfer of property, knowing, or should have known based on concrete facts and circumstances, that such property is derived from criminal activity or from an act of participation in such activity, for the purpose of concealing or disguising the illicit origin of the property or of avoiding freezing or confiscation orders or of assisting any person who is involved in the commission of such activity to evade the legal consequences of his action;
Amendment 420 #
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 431 #
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Without prejudice of paragraph 1, Member States shall require obliged entities to address systematically to the FIU of each Member State concerned by the operation reported, other kind of information, such as threshold-based transactions defined at national level on specific situations considered at risk for money laundering and financing terrorism, with all relevant elements of information.
Amendment 438 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Member States shall take all appropriate measures in order to protect whistle blowers and 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.
Amendment 480 #
Proposal for a directive
Article 50 – paragraph 2 – subparagraph 1 (new)
Article 50 – paragraph 2 – subparagraph 1 (new)
Especially, when a FIU based in the Union wants to obtain additional information from an obliged entity of another Member State which operates on its territory, the request shall be addressed to the FIU of the Member State in whose territory the obliged entity is situated. This FIU shall transfer requests and answers promptly and without any filter.
Amendment 509 #
Proposal for a directive
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
1a. Member States shall ensure that non- conviction based confiscation of property on the balance of probabilities, extended confiscation and confiscation from third parties should be extensively used. In all cases confiscation must be ordered by a court be it criminal or civil.