BETA

9 Amendments of Birgit SIPPEL related to 2016/0208(COD)

Peter SIMON, Birgit SIPPEL, Jeppe KOFOD, Ramón JÁUREGUI ATONDO, Maria GRAPINI, Pervenche BERÈS, Anneliese DODDS

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a e (new)

Directive 2015/849/EU
Article 3 – point 9 – introductory part

"(ae) in point (9) introductory part is replaced by the following: "(9) '"politically exposed person'" means a natural person who is or who has been entrusted with prominent ~~public func~~functions in politics, economy and administrations and includes the following:" Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015L0849)

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2015/849/EU
Article 13 – paragraph 6 a (new)

(4a) In Article 13, the following paragraph is added: 6a. Member States shall ensure that when customer due diligence measures, as described in this Article, do not allow the identification of the beneficial owner, or where there are reasonable doubts that the person(s) identified are the beneficial owner(s), the business relationship is refused or terminated, and that no transactions are executed.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)

Directive 2015/849/EU
Article 20 a (new)

(7b) The following Article 20a is inserted: Article 20a 1. Member States shall enact national legislation providing for the elaboration of lists of Politically Exposed Persons resident in their territory. 2. The Commission, in cooperation and gathering data submitted by Member States and international organisations, shall assemble a list of politically exposed persons resident in the EU. The list shall be accessible by competent authorities and by obliged entities. 3. The above paragraphs shall not exempt obliged entities from their customer due diligence obligations, and obliged entities shall not rely exclusively on that information as sufficient to fulfil those obligations. 4. Member States shall take all appropriate measures to prevent the trade of information for commercial purposes on politically exposed persons, or persons who are or who have been entrusted with a prominent function by an international organisation.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c a (new)

Directive 2015/849/EU
Article 30 – paragraph 10 a (new)

(ca) the following paragraph 10a is added: 10a. Member States shall ensure that corporate and other legal entities incorporated outside their territory and/or their jurisdiction are required to obtain and hold adequate, accurate and current information on their beneficial ownership, including the details of the beneficial interests held, and submit that information to the public register in similar terms as those described in paragraphs 1, 3, 5 and 6 of the Article and in Article 7b of Directive 2009/101/EC in the following circumstances: (a) when the corporate or legal entity opens a bank account or requests a loan in the Member State; (b) when the corporate or legal entity acquires real estate, either by purchase or other legal means, such as donation; (c) when the corporate or legal entity is a party to any commercial transaction whose validity under national law is dependent on a certain formality or validation act, such as certification by a notary. Member States shall provide for adequate sanctions for the failure to comply with the obligation to register in accordance with this paragraph, such as the nullity of the contract.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Cătălin Sorin IVAN, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Caterina CHINNICI, Birgit SIPPEL, Pervenche BERÈS

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d

Directive 2015/849/EU
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 year~~date of birth, the nationality ~~and~~, the country of residence and the nature and extent of the interest held of the beneficial owner as defined in Article 3(6)(b).

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Cătălin Sorin IVAN, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point h

Directive 2015/849/EU
Article 31 – paragraph 10

10. For the purposes of this Article, a trust is considered to be administered in each Member State where ~~the trustees are established;~~: (a) it is created according to or governed by the Member State's law or has its ultimate court of appeal in the Member State's jurisdiction; or (b) it is connected to the Member State by: (i) having one or more of the beneficial owners of the trust, as defined in Article 3(6)(b), resident in that Member State; (ii) holding real estate in that Member State; (iii) holding shares or voting rights or ownership interest in a legal entity incorporated in that Member State; or (iv) holding a bank or payment account in a credit institution situated in that Member State.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Hugues BAYET, Birgit SIPPEL, Caterina CHINNICI

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a a (new)

Directive 2015/849/EU
Article 32 – paragraph 1

(-aa) paragraph 1 is replaced by the following: 1. Each Members State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. The FIU shall be a police authority or other law enforcement service or entity which, under national law, is responsible for preventing and combating criminal offences.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Maria GRAPINI, Jeppe KOFOD, Hugues BAYET, Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO, Pervenche BERÈS, Anneliese DODDS, Caterina CHINNICI, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)

Directive 2015/849/EU
Article 38

(13b) Article 38 is replaced by the following: Member States shall ensure that individuals, including employees and representatives of the obliged entity, who report suspicions of money laundering or terrorist financing internally or to the FIU, are legally protected from being exposed to threats or hostile action, and in particular from adverse or discriminatory employment actions.

2016/12/19
Committee: ECON LIBE

Ana GOMES, Peter SIMON, Jeppe KOFOD, Maria GRAPINI, Hugues BAYET, Ramón JÁUREGUI ATONDO, Jonás FERNÁNDEZ, Pervenche BERÈS, Anneliese DODDS, Caterina CHINNICI, Birgit SIPPEL

Proposal for a directive
Article 1 – paragraph 1 – point 13 c (new)

Directive 2015/849/EU
Article 38 – paragraph 1 a (new)

(13c) in Article 38, the following paragraph is added: 1a. Member States shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting suspicions of money laundering or terrorist financing internally or to the FIU are able to present a complaint in a safe manner to the respective competent authorities. Member States shall ensure that competent authorities have the legal duty to carry out an investigation and emit a decision. Judicial redress against the decision shall always be possible.

2016/12/19
Committee: ECON LIBE