Activities of Timothy KIRKHOPE related to 2013/0025(COD)
Plenary speeches (2)
Prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Information accompanying transfers of funds (debate)
Prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Information accompanying transfers of funds (debate)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council 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 PDF (151 KB) DOC (72 KB)
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 (13)
Amendment 148 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Equally, it should be recognised that certain situations present a lower risk of money laundering or terrorist financing. Customer risk factors to identify low risk should include obliged entities where they are subject to requirements to combat money laundering and terrorist financing, as recognised in the FATF standards. Notaries or other independent legal professionals' pooled client accounts should be treated as low risk as the customer in this situation is an obliged entity. Such simplified due diligence should be without prejudice to the obligations that those notaries or other independent legal professionals have pursuant to this Directive. Those obligations include the need for such notaries or other independent legal professionals themselves to identify the beneficial owners of the pooled accounts held by them.
Amendment 158 #
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, ongoing 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 or the commercial purposes of the relationship between the customer and the obliged entity and not further processed in a way inconsistent with Directive 95/46/EC. In particular, further processing of personal data for commercial purposes of the obliged entity should be strictly prohibited.
Amendment 185 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
(d) real estate agents, including letting agents, in so far as they are involved in the financial transactions associated with the purchase or sale of real estate;
Amendment 195 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. With the exception of casinos and online gambling, Member States may decide to exempt fully or in part providers of certain gambling services from national provisions transposing the provisions of this Directive on the basis of the low risk posed by the nature and scale of operations of such service providers.
Amendment 338 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. EBA, EIOPA and ESMA shall issue guidelines addressed to competent authorities and the obliged entities referred to Article 2(1)(1) and (2) in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010, and of Regulation (EU) No 1095/2010 on the risk factors to be taken into consideration and/or the measures to be taken in situations where enhanced due diligence measures need to be applied. Those guidelines shall be issued within 2 year18 months of the date of entry into force of this Directive.
Amendment 430 #
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The information referred to in paragraph 1 of this Article shall be forwarded to the FIU of the Member State in whose territory the institution or person forwarding the information is situatobliged entity is established. The person or persons designated in accordance with the procedures provided for in Article 8(4) shall forward the information.
Amendment 455 #
Proposal for a directive
Article 42 – paragraph 5
Article 42 – paragraph 5
5. EBA, EIOPA and ESMA shall develop draft regulatory technical standards specifying the type of additional measures referred to in paragraph 4 of this Article and the minimum action to be taken by obliged entities referred to Article 2(1)(1) and (2) where the legislation of the third country does not permit application of the measures required under paragraphs 1 and 2. EBA, EIOPA and ESMA shall submit those draft regulatory technical standards to the Commission within two year18 months of the date of entry into force of this Directive.
Amendment 473 #
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Member States shall ensure that obliged entities that operateprovide services through branches or subsidiaries in other Member States respect the national provisions of that other Member State pertaining to this Directive. Obliged entities operating under the freedom to provide services principle shall only be subject to provisions and risk assessment of the Member States where they are established pertaining to this Directive.
Amendment 485 #
Proposal for a directive
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Member States shall encourage their FIUs to use protected channels of communication between FIUs and to use the decentralised computer network FIU.netthemselves.
Amendment 487 #
Proposal for a directive
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Member States shall ensure that, in order to fulfil their tasks as laid down in this Directive, their FIUs co-operate to apply sophisticated technologies in cooperation with Europol. These technologies shall allow FIUs to match their data with other FIUs in an anonymous way by ensuring full protection of personal data with the aim to detect subjects of the FIU's interests in other Member States and identify their proceeds and funds.
Amendment 514 #
Proposal for a directive
Article 57 – paragraph 3
Article 57 – paragraph 3
3. EBA, EIOPA, and ESMA shall issue guidelines addressed to competent authorities in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010 on types of administrative measures and sanctions and level of administrative pecuniary sanctions applicable to obliged entities referred to in Article 2(1)(1) and (2). These guidelines shall be issued within 2 year18 months of the date of entry into force of this Directive.
Amendment 526 #
Proposal for a directive
Annex 2 – paragraph 1 – point 1 – point c a (new)
Annex 2 – paragraph 1 – point 1 – point c a (new)
(ca) Obliged entities where they are subject to requirements to combat money laundering and terrorist financing under this Directive and have effectively implemented those requirements.
Amendment 538 #
Proposal for a directive
Annex 3 – paragraph 1 – point 2 – point c
Annex 3 – paragraph 1 – point 2 – point c
(c) non-face-to-face business relationships or transactions, e.g. electronic verification of identity;