Next event: Final act published in Official Journal 2018/06/19 more...
- Commission response to text adopted in plenary 2018/06/06
- Draft final act 2018/05/30
- Final act signed 2018/05/30
- End of procedure in Parliament 2018/05/23
- Act adopted by Council after Parliament's 1st reading 2018/05/14
- Council Meeting 2018/05/14
- Results of vote in Parliament 2018/04/19
- Decision by Parliament, 1st reading 2018/04/19
- Debate in Parliament 2018/04/18
- Specific opinion 2018/01/30
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2018/01/29
- VOSS Axel (PPE) appointed as rapporteur in JURI 2018/01/10
- Coreper letter confirming interinstitutional agreement 2017/12/20
- Debate in Council 2017/06/16
- Council Meeting 2017/06/16
- Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71) 2017/03/15
- Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71) 2017/03/13
- Committee report tabled for plenary, 1st reading 2017/03/09
- Vote in committee, 1st reading 2017/02/28
- Committee decision to open interinstitutional negotiations with report adopted in committee 2017/02/28
- Document attached to the procedure 2017/02/02
- Committee opinion 2017/01/18
- Contribution 2016/12/19
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Committee Opinion | DEVE | SCHLEIN Elly ( S&D) | Nirj DEVA ( ECR), Teresa JIMÉNEZ-BECERRIL BARRIO ( PPE) |
Committee Opinion | INTA | MAUREL Emmanuel ( S&D) | Santiago FISAS AYXELÀ ( PPE), Sander LOONES ( ECR) |
Committee Opinion | JURI | ||
Committee Legal Basis Opinion | JURI | VOSS Axel ( PPE) | Enrico GASBARRA ( S&D), Cecilia WIKSTRÖM ( ALDE) |
Lead committee dossier:
Legal Basis:
RoP 58, TFEU 050, TFEU 114
Legal Basis:
RoP 58, TFEU 050, TFEU 114Subjects
Events
PURPOSE: to enhance EU rules to prevent money laundering and terrorist financing.
LEGISLATIVE ACT: Directive (EU) 2018/843 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 Directives 2009/138/EC and 2013/36/EU.
CONTENT: this Directive amending Directive (EU) 2015/849 is part of a Commission action plan to combat terrorist financing, drawn up in 2016 following a wave of terrorist attacks in Europe. It aims (i) to prevent the use of the financial system to finance criminal activities ; (ii) to strengthen transparency rules to prevent the concealment of funds on a large scale.
The main amendments made to Directive (EU) 2015/849 concern in particular the following points:
Scope : the revised Directive shall also apply to: (i) all forms of tax consultancy services, (ii) estate agents including when acting as intermediaries in the letting of immovable property, but only in relation to transactions for which the monthly rent amounts to EUR 10 000 or more; (iii) dealers of art where the value of the transaction amounts to EUR 10 000 or more.
For criminal activities within the meaning of the Directive, any type of criminal involvement in the commission of terrorist or terrorist offences, as well as the activities of criminal organisations, shall be considered to be criminal activities within the meaning of the Council Framework Decision 2008/841/JHA.
Risk assessment : the risk assessment report prepared by the Commission shall cover the risks associated with each relevant sector , including estimates of the money laundering volumes provided by Eurostat for each of these sectors, as well as the most widespread means used by criminals to launder illicit products.
Customer due diligence obligations : In particular, the revised Directive provides for customer due diligence obligations:
prohibiting their credit institutions and financial institutions from keeping anonymous accounts , anonymous passbooks or anonymous safe-deposit boxes. Member States shall, in any event, require that the owners and beneficiaries of existing anonymous accounts, anonymous passbooks or anonymous safe-deposit boxes be subject to customer due diligence measures no later than 10 January 2019; reducing the identification threshold for prepaid cardholders from the current EUR 250 to EUR 150 . Member States may decide not to accept payments made using anonymous prepaid cards on their territory; regarding virtual currency exchange platforms and storage portfolio providers. National financial intelligence units (FIUs) shall be able to obtain information allowing them to associate virtual currency addresses to the identity of the owner of virtual currency; enhancing due diligence obligations , for example in the case of transactions involving high-risk third countries as well as in other cases of higher risk: reporting entities will be required to examine, to the extent reasonable, the background and purpose of any transaction (i) if it is a complex transaction; (ii) if it is an unusually large transaction; (iii) it is carried out in an unusual pattern; (iv) it does not have an apparent economic or lawful purpose.
Information on beneficial owners : Member States shall ensure that corporate and other legal entities incorporated within their territory obtain and hold adequate, accurate and current information on their beneficial ownership.
The Directive provides for enhanced access to the registers of beneficial owners in order to increase transparency in the ownership of companies and trusts. The registers will also be interconnected to facilitate cooperation between Member States. Access to information on beneficial owners is provided as follows:
public access to information on beneficial owners concerning enterprises; access on the basis of ‘legitimate interest’ to information on beneficial owners concerning trusts and similar legal arrangements; to any person that files a written request in relation to a trust or similar legal arrangement which holds or owns a controlling interest in any corporate or other legal entity incorporated outside the Union.
Policy towards third countries : the Commission may adopt delegated acts to identify high-risk third countries, taking into account their strategic deficiencies in particular in the legal and institutional AML/CFT framework of the third country and the criminalisation of money laundering and terrorist financing.
Whistleblowers : 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, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions.
Cooperation between FIUs : the Directive aims to improve the effectiveness of national FIUs by clearly clarifying their powers and cooperation between them. FIUs should have access to information and be able to exchange it without impediment, in particular through appropriate cooperation with law enforcement authorities. In all cases of suspected criminality and, in particular, in cases of terrorist financing, information should flow directly and promptly without undue delay.
ENTRY INTO FORCE: 9.7.2018.
TRANSPOSITION: no later than 10.1.2020.
The European Parliament adopted by 574 votes to 13, with 60 abstentions, a legislative resolution 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.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Scope : Directive (EU) 2015/849 shall also apply to: (i) all forms of tax consultancy services, (ii) estate agents including when acting as intermediaries in the letting of immovable property, but only in relation to transactions for which the monthly rent amounts to EUR 10 000 or more; (iii) dealers of art where the value of the transaction amounts to EUR 10,000 or more.
For criminal activities within the meaning of the Directive, any type of criminal involvement in the commission of terrorist or terrorist offences, as well as the activities of criminal organisations, shall be considered to be criminal activities within the meaning of the Council Framework Decision 2008/841/JHA.
Risk assessment : the risk assessment report prepared by the Commission shall cover the risks associated with each relevant sector, including estimates of the money laundering volumes provided by Eurostat for each of these sectors, as well as the most widespread means used by criminals to launder illicit products.
Each Member States shall report the institutional structure and broad procedures of their anti-money laundering and anti-terrorist financing framework regime, including inter alia the Financial Intelligence Unit (FIU), tax authorities and prosecutors, as well as the allocated human and financial resources to the extent that this information is available.
Member States shall make the results of their risk assessments, including their updates, available to the Commission, the ESAs and the other Member States. A summary of the assessment shall be made publicly available.
Policy towards third countries : the Commission may adopt delegated acts to identify high-risk third countries, taking into account their strategic deficiencies, in particular as regards the legal and institutional framework of the third country in the fight against money laundering and terrorist financing.
Customer due diligence obligations : Member States shall prohibit their banks from keeping anonymous accounts , anonymous passbooks or anonymous safe-deposit boxes. Holders and beneficiaries of existing anonymous accounts shall be subject to customer due diligence measures at the latest six months after the date of entry into force of the amending Directive.
The amending Directive provides for a reduction of the identification threshold for prepaid cardholders from the current EUR 250 to EUR 150 . In addition, national FIUs would be able to obtain information enabling them to associate the addresses corresponding to the virtual currency with the identity of the owner of the virtual currency.
Whenever entering into a new business relationship with a corporate or other legal entity, or a trust or a legal arrangement having a structure or functions similar to trusts (ʽsimilar legal arrangementʼ) which are subject to the registration of beneficial ownership information, the obliged entities shall collect proof of registration or an excerpt of the register.
Enhanced due diligence obligations : Member States shall require obliged entities to examine, as far as reasonably possible, the background and purpose of all transactions that fulfil at least one of the following conditions: (i) they are complex transactions; (ii) they are unusually large transactions; (iii) they are conducted in an unusual pattern; (iv) they do not have an apparent economic or lawful purpose.
Information on beneficial owners : this information should be accessible in all cases to: (i) competent authorities and FIUs, without any restriction; (ii) obliged entities, in the context of customer due diligence; and (iii) any member of the general public .
The information accessible to natural or legal persons shall consist of the name, the month and year of birth and the country of residence and nationality of the beneficial owner, as well as nature and extent of beneficial interest held.
Access to beneficial ownership information of trusts and similar legal arrangements should be granted to any person that can demonstrate a legitimate interest .
Whistleblowers : 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, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions.
The Committee on Economic and Monetary Affairs and the Committee on Civil Liberties, Justice and Home Affairs adopted the report by Krišjānis KARIŅŠ (EPP, LV) and Judith SARGENTINI (Greens/ EFA, NL) 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.
Scope : Directive (EU) 2015/849 shall also apply to: (i) auditors, external accountants and tax advisors, or any other persons offering tax-related services and advice; (ii) estate agents including letting agents; (iii) persons trading in works of art ; (iv) electronic money issuers and distributors.
Offences relating to direct taxes and indirect taxes as defined in the national law of the Member States shall also apply.
A shareholding of 10 % plus one share or an ownership interest of more than 10 % in the customer held by a natural person shall be an indication of direct ownership.
Third country policy : key transparency standards should be binding and guide the negotiation and renegotiation of Union trade agreements and partnerships. When negotiating any trade, association and partnership agreement between the Commission or any Member State and a high-risk third country, the following points should be taken into consideration:
the existence of robust systems to ensure that information on beneficial ownership of corporations and other entities or arrangements is available to competent authorities and the transparency of beneficial ownership information; the powers, procedures and political independence of the third country's competent authorities for the purposes of combating money laundering and terrorist financing; the effectiveness of the AML/CFT system in addressing money laundering or terrorist financing risks of the third country, including an analysis of governance indicators, such as control of corruption, government effectiveness, political stability and absence of violence/terrorism, regulatory quality, the rule of law and accountability; the exchange of information between competent authorities and EU Member States; measures in place to protect whistleblowers .
Trade partners should lose the benefits granted by trade agreements with the Union where they fail to respect relevant international standards, such as the Common Reporting Standard of the OECD, the Action Plan on Base Erosion and Profit Shifting of the OECD and the central register of beneficial ownership.
Customer due diligence requirements : obliged entities shall apply customer due diligence requirements in the case of persons trading in goods or services , when carrying out occasional transactions in cash amounting to EUR 10 000.
Sensitive goods in the context of money laundering or terrorist financing comprise: oil, arms, precious metals, tobacco products, cultural artefacts and other items of archaeological, historical, cultural and religious importance, or rare scientific value, as well as ivory and protected species.
Member States shall require obliged entities to examine the background and purpose of all transactions that fulfil one of the following conditions: (i) they are complex transactions; (ii) they are unusually large transactions; (iii) they do not seem to have an entirely lawful purpose.
As regards anonymous prepaid cards , Members stated that they were in favour of reducing from EUR 250 to EUR 150 the threshold for payments.
Information on beneficial ownership : the information held in the central register of beneficial ownership shall be publicly accessible . The information 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.
All trusts and similar legal arrangements , including inter alia Treuhand, Stiftung, Privatstiftung, Usufruct Fiducia should be registered in the Member State(s) where they are created, administered or operated.
Access to the information on beneficial ownership shall be in accordance with data protection rules.
By 26 June 2019, the Commission shall assess the conditions and the technical specifications and procedures for ensuring safe and efficient interconnection of the central registries.
Automated centralised mechanisms : the amended text obliges Member States to put in place automated mechanisms such as central registers , which allow the identification of any natural or legal person holding or controlling: (i) land and buildings within their territory; (ii) life insurance contracts or investment related services such as insurance contracts with premium refund held within their territory.
Surveillance : Member States shall ensure that one competent authority operates as supervising AML/CFT authority, which shall be structurally independent . It shall ensure supervision and coordination of anti-money laundering activities. This authority shall serve as a contact point for the supervising AML/CFT authorities of the other Member States, the Commission and the ESAs.
Moreover, Commission experts shall carry out general and specific audits in the competent authorities of the Member States.
Cooperation between competent authorities : Member States shall ensure that competent authorities supervising credit and financial institutions, cooperate with each other to the greatest extent possible, regardless of their respective nature or status. Such competent authorities should have an adequate legal basis for exchanging confidential information and cooperate to the widest extent possible, consistent with the applicable international standards in this field.
In order to overcome the current cooperation difficulties which exist between national FIUs, the Commission shall present, by June 2017, a legislative proposal to create a European FIU that would coordinate, assist and support Member Sates FIUs.
Opinion of the European Data Protection Supervisor on a Commission Proposal amending Directive (EU) 2015/849 and Directive 2009/101/EC - Access to beneficial ownership information and data protection implications.
As a reminder, the Commission proposal seeks to amend the anti-money laundering Directive and Directive 2009/101/EC in the fight against tax evasion, protection of investors and fight against abuses of the financial system. New amendments aim to bring the AML Directive up to speed with technical and financial innovation and new means to perform money laundering and terrorism financing.
The amendments, in particular, raise questions as to why certain forms of invasive personal data processing, acceptable in relation to anti-money laundering and fight against terrorism, are necessary out of those contexts and on whether they are proportionate.
The EDPS was not consulted before the adoption of the proposal. Its opinion was subsequently requested by the Council, which adopted on 19 December 2016 a compromise text on the proposal.
After having reviewed the impact of the proposal on fundamental rights as regards the respect for privacy and data protection, the EDPS considered that the proposal should:
ensure that any processing of personal data serve a legitimate, specific and well identified purpose and be linked to it by necessity and proportionality. The data controller performing personal data processing shall be identified and accountable for the compliance with data protection rules; ensure that any limitation on the exercise of the fundamental rights to privacy and data protection be provided for by law, respect their essence and, subject to the principle of proportionality, enacted only if necessary to achieve objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others; ensure a proper assessment of the proportionality of the policy measures proposed in relation to the purposes sought, as emergency-based measures that are acceptable to tackle the risk of terrorist attacks might result excessive when applied to prevent the risk of tax evasion; put into place safeguards that would have granted a certain degree of proportionality (for example, in setting the conditions for access to information on financial transactions by FIUs); design access to beneficial ownership information in compliance with the principle of proportionality, inter alia, ensuring access only to entities who are in charge of enforcing the law.
Opinion of the European Central Bank (ECB) on a 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.
The European Central Bank received requests from the Council (on 19 August 2016) and the European Parliament (on 23 September 2016) respectively for an opinion on the abovementioned proposal.
The ECB made the following observations:
Regulation of virtual currency exchange platforms and custodian wallet providers : the proposed directive expands the list of obliged entities to which Directive (EU) 2015/849 of the European Parliament and of the Council applies in order to include providers engaged primarily and professionally in exchange services between ‘virtual currencies’ and ‘fiat currencies’ and wallet providers offering custodial services of credentials necessary to access virtual currencies.
The ECB strongly supported these provisions , which are in line with the Financial Action Task Force (FATF) Recommendations, given that terrorists and other criminal groups are currently able to transfer money within virtual currency networks by concealing the transfers or by benefiting from a certain degree of anonymity on such exchange platforms.
The ECB recognised that the technological advances relating to the distributed ledger technology underlying alternative means of payment, such as virtual currencies, may have the potential to increase the efficiency, reach and choice of payment and transfer methods. It considered that while it is appropriate for the Union legislative bodies, consistent with the FATF's recommendations, to regulate virtual currencies from the anti-money laundering and counter-terrorist financing perspectives, they should not seek in this particular context to promote a wider use of virtual currencies .
The ECB suggested adapting the definition of virtual currencies under the proposed directive by making it clear that virtual currencies are not legally established currencies. It also referred to other possible uses of virtual currencies such as store-of-value products for savings or investment purposes.
Central registers of bank and payment accounts : the proposed directive requires Member States to put in place centralised automated mechanisms or central electronic data retrieval systems, which would allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts and bank accounts held by a credit institution within their territory.
The ECB considered the task of establishing a central register to clearly be a government task since its purpose is to combat money laundering and the financing of terrorism. It emphasised that, in taking up the task of operating a central register of accounts, the national legislation implementing the proposed directive should include a cost recovery mechanism with explicit procedures for monitoring, allocating and invoicing all costs incurred by the national central banks (NCBs) that are associated with operating and granting access to the central register.
PURPOSE: to enhance transparency in order to fight against terrorist financing, tax evasion money laundering.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides following the ordinary legislative procedure on an equal footing with Council.
BACKGROUND: Directive (EU) 2015/849 of the European Parliament and the Council constitutes the main legal instrument in the prevention of the use of the Union's financial system for the purposes of money laundering and terrorist financing. That Directive must be transposed by 26 June 2017.
Recent terrorist attacks have brought to light emerging new trends, in particular regarding the way terrorist groups finance and conduct their operations.
Currently, gaps still exist in the oversight of the many financial means used by terrorists, from cash and trade in cultural artefacts to virtual currencies and anonymous pre-paid cards.
In addition to terrorist financing issues, offshore jurisdictions are often used as locations of intermediary entities that distance the real owner from the assets owned, often to avoid or evade tax.
On 2 February 2016, the Commission presented an action plan for strengthening the fight against terrorist financing which underscores the need to adapt to new threats and to improve the present framework to that effect.
On 22 April 2016 the informal ECOFIN Council also called for action in particular to: (i) enhance the accessibility of beneficial ownership registers, (ii) clarify the registration requirements for trusts, (iii) speed up the interconnection of national beneficial ownership registers, (iv) promote automatic exchange of information on beneficial ownership, and (v) strengthen customer due diligence rules
In its resolution of 16 December 2015 , the European Parliament had already stressed that improved transparency, coordination and convergence in relation to corporate tax policies provides an effective framework to guarantee fair competition between firms in the Union and protect state budgets from adverse outcomes.
IMPACT ASSESSMENT: the Impact Assessment draws on relevant reports issued by Union and international organisations such as the European Banking Authority (EBA), the European Central Bank (ECB), Europol, the Bank for International Settlements (BIS), and the FATF.
The need to formulate specific regulatory provisions was retained as essential and as being the most appropriate option.
CONTENT: the proposal sets out a series of measures to better counter the financing of terrorism and to ensure increased transparency of financial transactions and of corporate entities under the preventive legal framework in place in the Union, namely Directive (EU) 2015/849 (the "4AMLD"). It also sets out certain consequential changes to the relevant company law rules under Directive 2009/101/EC.
The amendments to the 4AMLD relate to the following points:
Designate virtual currency exchange platforms as obliged entities : in order to improve the detection of suspicious virtual currency transactions, it is proposed to include virtual currency exchange platforms as well as custodian wallet providers within the scope of the Directive. Set lower maximum transaction limits for certain pre-paid instruments : it is proposed to suppress anonymity for the online use of reloadable and non-reloadable prepaid cards, and reduce the existing EUR 250 threshold for anonymous prepaid cards to EUR 150 when used face-to-face. Enable Financial Intelligence Units (FIUs) to request information on money laundering and terrorist financing from any obliged entity : the proposal clarifies the FIUs' mandate to request supplementary information from any obliged entity and have direct access to information held by obliged entities. Enable FIUs and competent authorities to identify holders of bank and payment accounts : the Commission proposes to require Member States to set up automated centralised mechanisms - such as a central registry or an electronic data retrieval system – at Member State level, allowing for the swift identification of account holders. This mechanism would be directly accessible to national FIUs and potentially other competent authorities active in the field of anti-money laundering or counter-terrorist financing. Harmonise the EU approach towards high-risk third countries : it is proposed to modify the 4AMLD by providing a prescriptive list of enhanced customer due diligence measures to be applied by obliged entities, combined with an illustrative list of countermeasures that could be applied when dealing with high-risk third countries designated by the Commission. Improve access to the beneficial ownership registers : Member States will make public certain information of the beneficial ownership registers on companies and business-related trusts. Information on all other trusts will be included in the national registers and available to parties who can show a legitimate interest. The beneficial owners who have 10% ownership in certain companies that present a risk of being used for money laundering and tax evasion will be included in the registries. The threshold remains at 25% for all other companies. Interconnection of the registers : the proposal provides for the direct interconnection of the registers to facilitate cooperation between Member States.
Extending the information available to authorities : the Commission proposes that existing, as well as new, accounts should be subject to due diligence controls.
Documents
- Final act published in Official Journal: Directive 2018/843
- Final act published in Official Journal: OJ L 156 19.06.2018, p. 0043
- Commission response to text adopted in plenary: SP(2018)350
- Draft final act: 00072/2017/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0178/2018
- Specific opinion: PE616.787
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE616.577
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2017)011914
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2017)011914
- Debate in Council: 3549
- Committee report tabled for plenary, 1st reading: A8-0056/2017
- Document attached to the procedure: N8-0013/2017
- Document attached to the procedure: OJ C 085 18.03.2017, p. 0003
- Committee opinion: PE594.003
- Contribution: COM(2016)0450
- Committee opinion: PE594.132
- Debate in Council: 3506
- Committee opinion: PE594.116
- Contribution: COM(2016)0450
- Debate in Council: 3495
- Committee draft report: PE593.836
- Economic and Social Committee: opinion, report: CES4274/2016
- European Central Bank: opinion, guideline, report: CON/2016/0049
- European Central Bank: opinion, guideline, report: OJ C 459 09.12.2016, p. 0003
- Contribution: COM(2016)0450
- Debate in Council: 3480
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0223
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0224
- Legislative proposal published: COM(2016)0450
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0223
- Document attached to the procedure: EUR-Lex SWD(2016)0224
- European Central Bank: opinion, guideline, report: CON/2016/0049 OJ C 459 09.12.2016, p. 0003
- Economic and Social Committee: opinion, report: CES4274/2016
- Committee draft report: PE593.836
- Committee opinion: PE594.116
- Committee opinion: PE594.132
- Committee opinion: PE594.003
- Document attached to the procedure: N8-0013/2017 OJ C 085 18.03.2017, p. 0003
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2017)011914
- Specific opinion: PE616.787
- Draft final act: 00072/2017/LEX
- Commission response to text adopted in plenary: SP(2018)350
- Contribution: COM(2016)0450
- Contribution: COM(2016)0450
- Contribution: COM(2016)0450
Activities
- David COBURN
- Roberto GUALTIERI
- Robert Jarosław IWASZKIEWICZ
- Krišjānis KARIŅŠ
- Barbara KAPPEL
- Judith SARGENTINI
- Pervenche BERÈS
Plenary Speeches (1)
- Mario BORGHEZIO
Plenary Speeches (1)
- André ELISSEN
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Ana GOMES
Plenary Speeches (1)
- Petr JEŽEK
Plenary Speeches (1)
- Rina Ronja KARI
Plenary Speeches (1)
- Monica MACOVEI
Plenary Speeches (1)
- Michał MARUSIK
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Péter NIEDERMÜLLER
Plenary Speeches (1)
- Stanisław OŻÓG
Plenary Speeches (1)
- Marcus PRETZELL
Plenary Speeches (1)
- Paul RÜBIG
Plenary Speeches (1)
- Elly SCHLEIN
Plenary Speeches (1)
- Helga STEVENS
Plenary Speeches (1)
- Patricija ŠULIN
Plenary Speeches (1)
- Eleftherios SYNADINOS
Plenary Speeches (1)
- Miguel VIEGAS
Plenary Speeches (1)
Amendments | Dossier |
99 |
2016/0208(COD)
2016/11/30
INTA
16 amendments...
Amendment 10 #
Proposal for a directive Recital 10 a (new) (10a) In order for the Union's common framework to combat money laundering and terrorist financing through the financial system to be most effective in the long-term, a coordinated approach is also needed beyond the Union. Trade agreements should be used as a tool to expand that approach to third countries. Strengthening good governance clauses in bilateral agreements with third countries already benefitting from or negotiating a trade agreement with the Union is key. Increasing and strengthening structured dialogue on combating illicit financial flows and providing continued exchanges of expertise would benefit all sides to close current loopholes and gaps.
Amendment 11 #
Proposal for a directive Recital 10 a (new) (10a) Taken into consideration the risks connected with further deregulation of the financial services that may restrict the ability of governments to change the regulatory structure in ways which support financial stability and the fight against illicit and tax evasion activities, liberalisation of financial services should be subject to a better scrutiny, and to ex- ante analysis by the competent authorities. With regard to the exponential financial innovation, inclusion of financial services in Union trade agreements and partnerships should be carefully considered and based on positive lists.
Amendment 12 #
Proposal for a directive Recital 10 a (new) (10a) Money laundering and tax evasion are increasingly channelled through trade transactions; therefore, financial and tax transparency should be a key element in trade policy.
Amendment 13 #
Proposal for a directive Recital 10 b (new) (10b) Within a year from the entry into force of this Directive, the Commission should provide a report to Member States on possible loopholes in the chapters on financial services and establishment in EU trade agreements with third countries already in force, in particular the definition of investment and establishment, scope and time limits of prudential carve outs, the existence or non-existence of ceilings for money transfer between parties of the trade agreements, currencies allowed for this transfer, confirmation of bank secret and the existence of provisions on data exchange.
Amendment 14 #
Proposal for a directive Recital 10 c (new) (10c) The chapters on financial services and establishment in future trade agreements should contain narrow definitions of investment, so as to exclude products which have a high potential to carry undeclared money; provide for the establishment of public ultimate beneficial ownership registers of companies, trusts and similar legal arrangements created, administered or operated in the territories the trade agreement comprises; include arrangements on cooperation in the control of financial flows and lifting the bank secret, in accordance with data protection rules and open data standards; enlarge scope and time limits for prudential carve-outs beyond "imbalance of payments necessities", and replace "best endeavour" commitments by compulsory provisions.
Amendment 15 #
Proposal for a directive Recital 37 a (new) (37a) Where trade agreements with developing countries exist or are under negotiation, sufficient funds must be earmarked, as part of the agreement, for the creation of technical, human and institutional capacity to carry out the above mentioned requirements. Annual reports on implementation of the trade agreement the Union has concluded with third countries should have a special section on financial services and establishment and contain verifiable information on compliance with the requirements mentioned above.
Amendment 16 #
Proposal for a directive Recital 37 a (new) (37a) Key transparency standards should be binding and guide the negotiation and renegotiation of Union trade agreements and partnerships. Trade partners should lose the benefits granted by trade agreements with the Union where they fail to respect relevant international standards, such as the Common Reporting Standard of the OECD, the Action Plan on Base Erosion and Profit Shifting of the OECD, the central register of beneficial ownership and FATF recommendations. In the framework of the implementation of the OECD BEPS, it is essential to fully apply the country by country reporting system for multinational enterprises.
Amendment 17 #
Proposal for a directive Recital 37 a (new) (37a) To ensure anti-money laundering and counter terrorist financing rules are correctly implemented within third countries, monitoring of governance provisions of financial services should be strengthened in bilateral agreements and partnerships, even when these clauses are not binding.
Amendment 18 #
Proposal for a directive Recital 37 a (new) (37a) In its trade and partnership agreements, the Union should strengthen good governance clauses and clauses on capacity building by providing trade partners technical assistance to develop transparency, anti-money laundering, and anti-corruption legal frameworks and to implement them effectively.
Amendment 19 #
Proposal for a directive Recital 39 Amendment 20 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 2015/849/EU Article 2 – paragraph 1 – point 3 – point e (-1) in Article 2, paragraph 1, point 3 point e is replaced by the following: (e) other persons trading in goods or services to the extent that payments are made or received in cash in an amount of EUR 10 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;"
Amendment 21 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2015/849/EU Article 11 – point c (2a) in Article 11, point c is replaced by the following: (c) in the case of persons trading in goods or services, when carrying out occasional transactions in cash amounting to EUR 10 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;"
Amendment 6 #
Proposal for a directive Citation 1 a (new) - having regard to Protocol (No 1) on the role of National Parliaments in the European Union, annexed to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),
Amendment 7 #
Proposal for a directive Citation 1 b (new) - having regard to Protocol (No 2) on the application of the principles of subsidiarity and proportionality, annexed to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),
Amendment 8 #
Proposal for a directive Recital 5 a (new) (5a) Policies and actions in other relevant areas of Union competence, for instance in international trade and development cooperation, should be utilised, where possible, to complement the work to fight money laundering and terrorist financing through the financial system. Those policies and actions should seek to complement and not undermine other policy goals of the Union.
Amendment 9 #
Proposal for a directive Recital 10 a (new) (10a) In recent trade agreements between the Union and third countries, regulatory cooperation generally outweighs tariff reduction provisions. Therefore, such agreements should properly address concerns about money laundering, tax evasion and terrorist financing, as they largely use a transnational context. Therefore trade agreements should be designed in a way that money laundering and tax evasion both in third countries by European nationals or entities or by foreigners in the Member States are avoided. Trade Sustainability Impact Assessments (TSIAs), which precede and feed into the formulation and the adoption of negotiating directives by Member States via the Council, should contain precise information on the performance of the respective third country or countries in this respect, including the implementation of legislation and the availability of resources to perform scrutiny and detect of the mentioned practices.
source: 595.438
2016/12/14
JURI
83 amendments...
Amendment 15 #
Proposal for a directive Recital 1 (1) Directive (EU) 2015/849 of the European Parliament and the Council24 constitutes the main legal instrument in the prevention of the use of the Union's financial system for the purposes of money laundering and terrorist financing. That Directive, which is to be transposed by 26 June 2017, sets out an updated, transparent, efficient and comprehensive legal framework to address the collection of money or property for terrorist purposes by requiring Member States to identify, understand
Amendment 16 #
Proposal for a directive Recital 2 (2) Recent terrorist attacks have brought to light emerging new trends, in particular regarding the way terrorist groups finance and conduct their operations. Certain modern technology services are becoming more and more popular as alternative financial systems and remain outside the scope of Union legislation or benefit from exemptions that may no longer be justified. In order to keep pace with evolving trends, further measures
Amendment 17 #
Proposal for a directive Recital 3 (3) While the aims of Directive (EU) 2015/849 should be pursued, any amendments to that Directive should be consistent with the Union's ongoing action in the field of countering terrorism and terrorism financing
Amendment 18 #
Proposal for a directive Recital 3 (3) While the aims of Directive (EU) 2015/849 should be pursued, any amendments to that Directive should be consistent with the Union’s ongoing action in the field of countering terrorism and terrorism financing. The European Agenda on Security25 indicated the need for measures to address terrorist financing in a more effective and comprehensive manner, highlighting that infiltration of financial markets may allow
Amendment 19 #
Proposal for a directive Recital 5 (5) Union measures must also accurately reflect developments and commitments undertaken at international level. UN Security Council Resolution 2199 (2015) urges States to prevent terrorist groups from gaining access to international financial institutions through adequate means within their competences.
Amendment 20 #
Proposal for a directive Recital 5 (5) Union measures must also accurately reflect developments and commitments undertaken at international level. UN Security Council Resolutions 2199 (2015) and 2253 (2015) urge
Amendment 21 #
Proposal for a directive Recital 6 (6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender)
Amendment 22 #
Proposal for a directive Recital 6 (6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies declared to be legal tender) as well as custodian wallet providers for virtual currencies are under no obligation to identify suspicious activity. Terrorist groups are thus able to transfer money into the Union's financial system or within virtual currency networks by concealing transfers or by benefiting from a certain degree of anonymity on those platforms. It is therefore essential to extend the scope of Directive (EU) 2015/849 so as to include virtual currency exchange platforms and custodian wallet providers. Competent authorities should be able to monitor the use of virtual currencies. This would provide a balanced and proportional approach,
Amendment 23 #
Proposal for a directive Recital 6 (6) Providers of exchange services between virtual currencies and fiat currencies (that is to say currencies
Amendment 24 #
Proposal for a directive Recital 7 (7) The credibility of virtual currencies will not rise if they are used for criminal purposes. In this context, anonymity will become more a hindrance than an asset for virtual currencies taking up and their potential benefits to spread. The inclusion of virtual exchange platforms
Amendment 25 #
Proposal for a directive Recital 11 (11) General purpose prepaid cards, which are considered to have a social value, have legitimate uses and constitute an accessible instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist this means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers' needs in using general purpose prepaid instruments for legitimate purposes and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards and suppress the customer due diligence exemption for their online use.
Amendment 26 #
Proposal for a directive Recital 11 (11) General purpose prepaid cards have legitimate uses and constitute an instrument contributing to financial inclusion. However, anonymous prepaid cards are easy to use in financing terrorist attacks and logistics. It is therefore essential to deny terrorist this means of financing their operations, by further reducing the limits and maximum amounts under which obliged entities are allowed not to apply certain customer due diligence measures provided by Directive (EU) 2015/849. Thus, while having due regard to consumers’ needs in using general purpose prepaid instruments and not preventing the use of such instruments for promoting social and financial inclusion, it is essential to lower the existing thresholds for general purpose anonymous prepaid cards
Amendment 27 #
Proposal for a directive Recital 13 (13) F
Amendment 28 #
Proposal for a directive 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 29 #
Proposal for a directive Recital 14 (14) FIUs should be able to obtain from any obliged entity all the necessary information relating to their functions. Unfettered access to information is essential to ensure that flows of money can be properly traced and illicit networks and flows detected at an early stage. When FIUs need to obtain additional information from obliged entities based on a suspicion of money laundering, such suspicion may be triggered by a prior suspicious transaction report reported to the FIU, but also through other means such as FIU's own analysis, intelligence provided by competent authorities or information held by another FIU. FIUs should therefore be able to obtain
Amendment 30 #
Proposal for a directive Recital 15 (15) Delayed access to information by FIUs and other competent authorities on the identity of holders of bank and payment accounts and safe deposit boxes, especially anonymous ones, hampers the detection of transfers of funds relating to terrorism. National data allowing the identification of bank and payments accounts and safe deposit boxes belonging to one person is fragmented and therefore not accessible to FIUs and other competent authorities in a timely manner. It is therefore essential to establish centralised automated mechanisms, such as a register or data retrieval system in all Member States as an efficient means to get timely access to information on the identity of holders of bank and payment accounts and safe deposit boxes, their proxy holders, and their beneficial owners.
Amendment 31 #
Proposal for a directive Recital 16 (16) In order to respect privacy and protect personal data, such registries should store the minimum data necessary to the performance of AML investigations or the financing of terrorism. The concerned data subjects should be informed that their data are recorded and accessible by FIUs and should be given a contact point for exercising their rights of access and rectification. When transposing these provisions, Member States should set out maximum retention periods (supported by adequate reasoning as to their duration) for the registration of personal data in registries and provide for their destruction once the information is no longer needed
Amendment 32 #
Proposal for a directive Recital 16 (16) In order to respect privacy and protect personal data, such registries should store the minimum data necessary to the performance of AML investigations. The concerned data subjects should be informed that their data are recorded and accessible by FIUs and should be given a contact point for exercising their rights of access and rectification. When transposing these provisions, Member States should set out maximum retention periods (supported by adequate reasoning as to their duration) for the registration of personal data in registries and provide for their destruction once the information is no longer needed for the stated purpose. Access to the registries and databases should be limited on a need to know basis following a risk assessment.
Amendment 33 #
Proposal for a directive Recital 17 a (new) (17a) The European Union Agency for Network and Information Security (ENISA) is the EU’s centre of network and information security expertise, and ENISA should be empowered to exchange information with law enforcement authorities without impediment in order to enable cyber security cooperation, which plays an important role in fighting against the financing of criminal activities, including terrorism.
Amendment 34 #
Proposal for a directive Recital 17 b (new) (17b) The European Banking Authority (EBA) should be called upon to update its transparency exercise to face today’s challenges in order to better prevent the use of financial systems for the purpose of money laundering or terrorist financing.
Amendment 35 #
Proposal for a directive Recital 18 (18) The beneficial ownership threshold set out in Article 3(6)(a) of Directive (EU)
Amendment 36 #
Proposal for a directive Recital 21 (21) The specific factor determining the Member State responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified. In order to avoid that, due to differences in the legal systems of Member States, certain trusts are not monitored or registered anywhere in the Union, all trusts and similar legal arrangements should be registered where they are established and where they are administered. In order to ensure the effective monitoring and registration of information on the beneficial ownership of trusts, cooperation among Member States is also necessary.
Amendment 37 #
Proposal for a directive Recital 21 (21) The specific factor determining the Member State responsible for the monitoring and registration of beneficial ownership information of trusts and similar legal arrangements should be clarified. In order to avoid that, due to differences in the legal systems of Member States, certain trusts are not monitored or registered anywhere in the Union, all trusts and similar legal arrangements should be registered where they are set up, administered or managed. In order to ensure the effective monitoring and registration of information on the beneficial ownership of trusts, cooperation among Member States is also necessary.
Amendment 38 #
Proposal for a directive Recital 22 (22) Public access by way of compulsory disclosure of certain information on the beneficial ownership of companies provides additional guarantees to third parties wishing to do business with those companies. Certain Member States have taken steps or announced their intention to make information contained in registers of beneficial ownership available
Amendment 39 #
Proposal for a directive Recital 22 (22) Public access by way of compulsory disclosure of certain information on the beneficial ownership of companies provides additional guarantees to third parties wishing to do business with those companies. Certain Member States have taken steps or announced their intention to make information contained in registers of beneficial ownership available to the public. The fact that not all Member States would make information publicly available or differences in the information made available and its accessibility may lead to different levels of protection of third parties in the Union. In a well- functioning internal market, there is a need for a coordinat
Amendment 40 #
Proposal for a directive 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 41 #
Proposal for a directive Recital 35 (35) In order to ensure legitimacy and proportionality, the beneficial ownership information in
Amendment 42 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/849 Article 2 – paragraph 1 – point 3 – point h a (new) (ha) issuers, administrators, intermediaries and distributors of virtual currencies;
Amendment 43 #
Proposal for a directive Article 1 – paragraph 1 – point 1 (hb) administrators and providers of online payment system services.
Amendment 44 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point -a (new) Directive (EU) 2015/849 Article 3 – paragraph 1 – point 4 – point f a (new) (-a) in point (4), the following point is added: “(fa) offences relating to direct taxes and indirect taxes as defined in the national law of the Member States, taking into account Article 57 of this Directive.”
Amendment 45 #
Proposal for a directive 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 Amendment 46 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a a (new) Directive (EU) 2015/849 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
Amendment 47 #
“(18) ‘virtual currencies’ means a digital representation of value that is neither issued by a central bank or a public authority, nor
Amendment 48 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive (EU) 2015/849 Article 7 – paragraph 2 – subparagraph 1 a (new) Amendment 49 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive (EU) 2015/849 Article 9 – paragraph 2 – point c a (new) (2b) in Article 9(2), the following point is added: “(ca) the existence of robust systems to ensure that information on beneficial ownership is available to competent authorities of the third country without impediment”.
Amendment 50 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive (EU) 2015/849 Article 9 – paragraph 2 – point c b (new) (2c) in article 9(2), the following point is added: “(cb) the existence of a proper sanctions regime in case of breach of law”.
Amendment 51 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive (EU) 2015/849 Article 10 – paragraph 1 (2d) in Article 10, paragraph 1 is replaced by the following: “1. Member States shall prohibit their credit institutions and financial institutions from keeping anonymous accounts
Amendment 52 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive (EU) 2015/849 Article 12 – paragraph 2 “2. Member States shall ensure that the derogation provided for in paragraph 1 is not applicable in the case
Amendment 53 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive (EU) 2015/849 Article 12 – paragraph 3 (3) "3 Member States shall ensure that Union credit institutions and financial institutions acting as acquirers only accept payments carried out with prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in points (a), (b), (c) of the first subparagraph of Article 13(1) and Article 14, or can be considered to meet the requirements in paragraphs 1 and 2 of this Article. As a precautionary measure, the sending of prepaid cards by post or courier outside the jurisdiction of the EU Member States must immediately be reported to, and recorded by, the competent persons.";
Amendment 54 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive (EU) 2015/849 Article 12 – paragraph 3 3. Member States shall ensure that Union credit institutions and financial institutions acting as acquirers only accept payments carried out with prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in points (a), (b), (c) of the first subparagraph of Article 13(1) and Article 14, or can be considered to meet the requirements in paragraphs 1 and 2 of this Article.
Amendment 55 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive (EU) 2015/849 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 (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 57 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/849 Article 14 – paragraph 5 (5) "5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU."; Member States shall request the obliged entity to contact the customer with a view to reviewing any information related to the beneficial owner(s) at the latest by ... [one year from the date of entry into force of this amending directive].
Amendment 58 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/849 Article 14 – paragraph 5 “5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU. Member States shall require that obliged entities contact the customer for the purpose of reviewing any information related to the beneficial owner(s) not later than... [one year after the date of entry into force of this Directive]”;
Amendment 59 #
"In the cases referred to in Articles 19 to 24, as well as in other cases of
Amendment 60 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/849 Article 18a – paragraph 1 – point a (a) obtaining additional information on the customer and on the beneficial owner;
Amendment 61 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/849 Article 18a – paragraph 1 – point c (c) obtaining information on the source of funds or source of wealth of the customer and of the beneficial owner;
Amendment 62 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive (EU) 2015/849 Article 26 – paragraph 2 (7a) Article 26(2)is replaced by the following: “2. Member States shall prohibit obliged entities from relying on third parties established in high-risk third countries
Amendment 63 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point -a (new) Directive (EU) 2015/849 Article 30 – paragraph 1 – subparagraph 2 a (new) (-a) in paragraph 1, the following subparagraph is added: “Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person”.
Amendment 64 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a a (new) Directive (EU) 2015/849 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 65 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a a (new) Directive (EU) 2015/849 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, and subject to online registration. Member States may introduce a fee to cover the administrative costs”.
Amendment 66 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b Directive (EU) 2015/849 Article 30 – paragraph 6 – subparagraph 1 "6. The central register referred to in paragraph 3 shall ensure, with a view to guaranteeing efficiency, timely and unrestricted access by competent authorities and FIUs to all information held in the central register without any restriction and without alerting the entity concerned. It shall also allow timely and unrestricted access by obliged entities when taking customer due diligence measures in accordance with Chapter II.
Amendment 67 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b Directive (EU) 2015/849 Article 30 – paragraph 6 – subparagraph 2 Competent authorities granted access to the central register referred to in paragraph 3 shall be those public authorities with designated responsibilities for combating money laundering or terrorist financing, including tax authorities, supervisory authorities and authorities that have the function of investigating or prosecuting money laundering, associated predicate offences and terrorist financing, tracing and seizing or freezing and confiscating criminal assets."
Amendment 68 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b a (new) Directive (EU) 2015/849 Article 30 – paragraph 8 – subparagraph 1 a (new) Amendment 69 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive (EU) 2015/849 Article 30 – paragraph 9 – subparagraph 1 Amendment 70 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive (EU) 2015/849 Article 30 – paragraph 10 – subparagraph 3 Member States shall cooperate among themselves and with the Commission in order to implement the different types of access in accordance with paragraph 5 and taking into account the latest international standards applicable.";
Amendment 71 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive (EU) 2015/849 Article 31 – paragraph 1 – subparagraph 1 Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand, waqf or fideicomiso, and all existing or future legal arrangements, which are similar in terms of structure or function.
Amendment 72 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive (EU) 2015/849 Article 31 – paragraph 1 – subparagraph 1 "1. Member States shall ensure that this Article applies to trusts and other types of legal instrument or legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand or fideicomiso.
Amendment 73 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a Directive (EU) 2015/849 Article 31 – paragraph 1 – subparagraph 2 – introductory part Each Member State shall require that trustees of any express trust created, administered or operated in that Member State under the law of a Member State or of a third country obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall include the identity of:
Amendment 74 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point b Directive (EU) 2015/849 Article 31 – paragraph 3 a “3a. The information referred to in paragraph 1 shall be held in a central register set up by the Member State where the trust is created, administered or operated”;
Amendment 75 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point b Directive (EU) 2015/849 Article 31 – paragraph 3 a (3a) "3a. The information referred to in paragraph 1 shall be held in
Amendment 76 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point c Directive (EU) 2015/849 Article 31 – paragraph 4 – subparagraph 2 Competent authorities granted access to the central register referred to in paragraph 3a shall be those public authorities with designated responsibilities for combating money laundering or terrorist financing, including, tax authorities, supervisory authorities and authorities that have the function of investigating or prosecuting money laundering, associated predicate offences and terrorist financing and seizing or freezing and confiscating criminal assets.";
Amendment 77 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point c Directive (EU) 2015/849 Article 31 – paragraph 4 – subparagraph 2 Competent authorities granted access to the central register referred to in paragraph 3a shall be those public authorities with designated responsibilities for combating money laundering or terrorist financing, including, tax authorities, supervisors and authorities that have the function of investigating or prosecuting money laundering, associated predicate offences and terrorist financing and seizing or freezing and confiscating criminal assets.;
Amendment 78 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive (EU) 2015/849 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
Amendment 79 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive (EU) 2015/849 Article 31 – paragraph 4 a – subparagraph 2 The information publicly accessible
Amendment 80 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive (EU) 2015/849 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 81 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point d Directive (EU) 2015/849 Article 31 – paragraph 4 b (4b) Whenever entering into a new customer relationship with a trust or other type of legal instrument or legal arrangement subject to registration of beneficial ownership information pursuant to paragraph 3a, the obliged entities shall collect proof of registration whenever applicable.";
Amendment 82 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive (EU) 2015/849 Article 31 – paragraph 7 a – subparagraph 1 Amendment 83 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point e Directive (EU) 2015/849 Article 31 – paragraph 7 a – subparagraph 1 Amendment 84 #
Proposal for a directive Article 1 – paragraph 1 – point 11 – point a Directive (EU) 2015/849 Article 32 – paragraph 3 – subparagraph 1 – fourth sentence “It shall be able to request, obtain and use additional information from any obliged entity”;
Amendment 85 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive (EU) 2015/849 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 and bank accounts and safe deposit boxes held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.
Amendment 86 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive (EU) 2015/849 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 a
Amendment 87 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive (EU) 2015/849 Article 32 a – paragraph 3 – indent 3 a (new) - for the safe deposit boxes: the name of the renter and the duration of the lease.
Amendment 88 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive (EU) 2015/849 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 89 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive (EU) 2015/849 Article 32 b (new) Amendment 90 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive (EU) 2015/849 Article 32 b (new) (12a) the following Article 32b is inserted: Article 32b 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 land and buildings within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. Automated centralised mechanisms shall be established and held by a public authority or agency, or by entities delegated with public authority powers which offer guarantees of adequate training, impartiality and independence and which are subject to monitoring by the authorities of the Member State concerned, also with regard to security and confidentiality in the processing of personal data. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1) (a) or a unique identification number; – for the beneficial owner of the real property: the name of the beneficial owner, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; – for the real property: date and cause of ownership acquisition, mortgage and rights other than ownership; – for the land: location, parcel number, land category (current state of land), parcel area (area of land); – for the building: location, parcel number, building number, type, structure, floor area. 4. Member States shall cooperate among themselves and with the Commission in order to establish, by 1 January 2018, a European real property register in accordance with paragraph 1.
Amendment 91 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive (EU) 2015/849 Article 47 – paragraph 1 “1. Member States shall ensure that providers of exchanging services between virtual currencies and fiat currencies, custodian wallet providers, currency exchange and cheque cashing offices, issuers, administrators, intermediaries and distributors of virtual currencies, administrators and providers of systems for online payments, and trust or company service providers are licensed or registered, and that providers of gambling services are regulated”;
Amendment 92 #
Proposal for a directive Article 1 – paragraph 1 – point 18 Directive (EU) 2015/849 Article 50a – paragraph 1 – introductory part Member States shall
Amendment 93 #
Proposal for a directive Article 1 – paragraph 1 – point 18 a (new) Directive (EU) 2015/849 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) Directive (EU) 2015/849 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) Directive (EU) 2015/849 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 Directive 2009/101/EC 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)
Amendment 97 #
Proposal for a directive Article 2 – paragraph 1 – point 2 Directive 2015/849/EU Article 7 b – paragraph 4 source: 595.624
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