Activities of Cecilia WIKSTRÖM related to 2016/0208(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council 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 Directive 2009/101/EC
Amendments (20)
Amendment 28 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Whereas the creation of a European FIU assisting and supporting Member States’ FIUs in their tasks would be an efficient and cost-effective means to ensure reception, analysis and dissemination of money laundering and terrorist financing reports in the Internal Market.
Amendment 40 #
Proposal for a directive
Recital 35
Recital 35
(35) In order to ensure proportionality, the beneficial ownership information in respect of any other trusts than those which consist of any property held by, or on behalf of, a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in the course of that business with a view to gain profit should only be available to parties holding a legitimate interest. The legitimate interest with respect to money laundering, terrorist financing and the associated predicate offences should be justified by readily available means, such as statutes or mission statement of non-governmental organisations, or on the basis of demonstrated previous activities relevant to the fight against money laundering and terrorist financing or associated predicate offences, or a proven track record of surveys or actions in that field. A legitimate interest could be envisaged where the beneficial owner or the trustee has a public function or has had a public function in the last five years.
Amendment 45 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive (EU) 2015/849
Article 3 – paragraph 1 – point 6 – point a – point i – subparagraph 2 a
Article 3 – paragraph 1 – point 6 – point a – point i – subparagraph 2 a
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive (EU) 2015/849
Article 3 – paragraph 1 – point 6 – point a – point ii
Article 3 – paragraph 1 – point 6 – point a – point ii
(aa) in point (6) (a), point (ii) is replaced by the following: “(ii) if, after having exhausted all possible means and, the entity fails to provided there are no grounds for suspicion, no person under point (i) is identified, or if there is any doubt that the person(s) identified are the beneficial owner(s), the identity of any natural person who meets the criteria set out in point (i), the obliged entities shall record that no beneficial owner exists and keep records of the actions taken in order to identify the beneficial ownership under point (i). Where there is any doubt that the person(s) identified are the beneficial owner(s), a record of that doubt shall be made. In addition, obliged entities shall identify and verify the identity of the relevant natural person(s) who holds the position of senior managing official(s), the obliged entities shall keep records of the actions taken in order to identify the beneficial ownership under point (i) and this point; content/EN/TXT/HTML/?uri=CELEX:32015L0849&qid=1481283067634&from=EN), who shall be identified as the "senior manager" (and not as "beneficial owner"), and record details of all legal owners of the entity;” Or. en (http://eur-lex.europa.eu/legal-
Amendment 55 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive (EU) 2015/849
Article 13 – paragraph 1 – subparagraph 1 – point a a (new)
Article 13 – paragraph 1 – subparagraph 1 – point a a (new)
(4a) in Article 13(1), the following point is added: “(aa) screening the customer’s and beneficial owner’s names against the EU, UN and other relevant sanctions lists;”
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new) Directive (EU) 2015/849
Article 1 – paragraph 1 – point 4 b (new) Directive (EU) 2015/849
(4b) the following Article is inserted: “Article 13a By January 2018, the Commission shall set up a publicly accessible platform that interconnects UN, EU, Member States, and other relevant lists of persons, groups, and entities subject to sanctions”.
Amendment 64 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive (EU) 2015/849
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
(aa) the following paragraph is inserted: “5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.”
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)
Article 1 – paragraph 1 – point 9 – point b a (new)
Directive (EU) 2015/849
Article 30 – paragraph 8 – subparagraph 1 a (new)
Article 30 – paragraph 8 – subparagraph 1 a (new)
Amendment 69 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive (EU) 2015/849
Article 30 – paragraph 9 – subparagraph 1
Article 30 – paragraph 9 – subparagraph 1
Amendment 78 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive (EU) 2015/849
Article 31 – paragraph 4 a – subparagraph 1
Article 31 – paragraph 4 a – subparagraph 1
The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be publicly accessible to any person or organisation that can demonstrate a legitimate interest.
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive (EU) 2015/849
Article 31 – paragraph 4 a – subparagraph 2
Article 31 – paragraph 4 a – subparagraph 2
The information publicly accessible to persons and organisations that can demonstrate a legitimate interest shall consist of the name, the month and yearshall consist of at least the name, the date of birth, the nationality and, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b).
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive (EU) 2015/849
Article 31 – paragraph 4 a – subparagraph 2 a (new)
Article 31 – paragraph 4 a – subparagraph 2 a (new)
For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Article 2(7) of Directive 2003/98/EC, and subject to online registration.
Amendment 82 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive (EU) 2015/849
Article 31 – paragraph 7 a – subparagraph 1
Article 31 – paragraph 7 a – subparagraph 1
Amendment 86 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive (EU) 2015/849
Article 32 a – paragraph 1
Article 32 a – paragraph 1
1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC ands well as bank accounts held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.
Amendment 88 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive (EU) 2015/849
Article 32 a – paragraph 3 a (new)
Article 32 a – paragraph 3 a (new)
3a. Member States may introduce exemptions from the obligations referred to in paragraphs 1 to 3 regarding passive bank accounts. For the purpose of this paragraph, ‘passive bank account’ means a bank account with a balance of no more than EUR 5000 to and from which no payments, excluding interest payments and other normal service fees charged by the service provider, have been made during the past 36 months.
Amendment 93 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)
Article 1 – paragraph 1 – point 18 a (new)
Directive (EU) 2015/849
Article 51 a (new)
Article 51 a (new)
(18a) the following Article is inserted: “Article 51a By June 2017, the Commission shall present a legislative proposal to create a European FIU that is to coordinate, assist and support Member States FIUs. This European FIU shall lend support to national FIUs in maintaining and developing the technical infrastructure for ensuring the exchange of information, assist them in joint analysis of cross border cases and produce its own strategic analysis and coordinate the work of Member States FIUs for cross border cases. For this purpose, the national FIUs shall automatically exchange information with this European FIU when investigating a money laundering case. This legislative proposal shall take into account the results of the Commission mapping of the Member States FIUs’ powers and obstacles to cooperation in order to design a well-balanced and tailor-made system of cooperation”.
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 b (new)
Article 1 – paragraph 1 – point 18 b (new)
Directive (EU) 2015/849
Article 51 b (new)
Article 51 b (new)
(18b) the following Article is inserted: “Article 51b 1. Member States shall ensure that their FIUs are able to cooperate and exchange relevant information with their foreign counterparts. 2. Member States shall ensure that EU FIUs are able to make inquiries on behalf of foreign counterparts where this can be relevant to an analysis of financial transactions. At a minimum, inquiries shall include: - searching its own databases, which would include information related to suspicious transaction reports; - searching other databases to which it may have direct or indirect access, including law enforcement databases, public databases, administrative databases and commercially available databases. Where permitted to do so, FIUs shall also contact other competent authorities and financial institutions in order to obtain relevant information”.
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
Directive (EU) 2015/849
Article 57 a (new)
Article 57 a (new)
(21a) in Section 3 of Chapter VI, the following Subsection is inserted: Subsection IV International cooperation Article 57a 1. Member States shall ensure that their competent authorities supervising credit and financial institutions as well as their law enforcement authorities provide the widest possible range of international cooperation with the competent authorities of third countries that constitute counterparts of the national competent authorities. 2. Member States shall ensure that there are effective gateways to facilitate the prompt and constructive exchange directly between counterparts, either spontaneously or upon request, of information relating to money laundering.
Amendment 96 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 3
Article 7 b – paragraph 3
3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2). , in accordance with data protection rules and open data standards, as defined in Article 2(7) of Directive 2003/98/EC, and subject to online registration.
Amendment 97 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2015/849/EU
Article 7 b – paragraph 4
Article 7 b – paragraph 4