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Member States shall take adequate measures to ensure that only the information referred to in paragraph 1 that is up to date and corresponds to the actual beneficial ownership is made available through their national registers and through the system of interconnection of registers, and the access to that information shall be in accordance with data protection rules.
The information referred to in paragraph 1 shall be available through the national registers and through the system of interconnection of registers for at least five years and no more than 10 years after the grounds for registering the beneficial ownership information as referred to in paragraph 3a have ceased to exist.
Member States shall cooperate with the Commission in order to implement the different types of access in accordance with paragraphs 4 and 4a.
Member States shall notify to the Commission the categories, description of the characteristics, names and, where applicable, legal basis of the trusts and similar legal arrangements referred to in paragraph 1 by 10 July The Commission shall publish the consolidated list of such trusts and similar legal arrangements in the Official Journal of the European Union by 10 September By 26 June , the Commission shall submit a report to the European Parliament and to the Council assessing whether all trusts and similar legal arrangements as referred to in paragraph 1 governed under the law of Member States were duly identified and made subject to the obligations as set out in this Directive.
Where appropriate, the Commission shall take the necessary steps to act upon the findings of that report. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64a 2.
In its implementing acts, the Commission shall strive to reuse proven technology and existing practices. The Commission shall ensure that the systems to be developed shall not incur costs above what is absolutely necessary in order to implement this Directive.
Without prejudice to Article 34 2 , in the context of its functions, each FIU shall be able to request, obtain and use information from any obliged entity for the purpose set in paragraph 1 of this Article, even if no prior report is filed pursuant to Article 33 1 a or 34 1.
Member States shall notify the Commission of the characteristics of those national mechanisms. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 of this Article is directly accessible in an immediate and unfiltered manner to national FIUs.
The information shall also be accessible to national competent authorities for fulfilling their obligations under this Directive.
Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 of this Article to any other FIUs in a timely manner in accordance with Article The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph Member States may consider requiring other information deemed essential for FIUs and competent authorities for fulfilling their obligations under this Directive to be accessible and searchable through the centralised mechanisms.
By 26 June , the Commission shall submit a report to the European Parliament and to the Council assessing the conditions and the technical specifications and procedures for ensuring secure and efficient interconnection of the centralised automated mechanisms.
Where appropriate, that report shall be accompanied by a legislative proposal. Member States shall provide FIUs and competent authorities with access to information which allows the identification in a timely manner of any natural or legal persons owning real estate, including through registers or electronic data retrieval systems where such registers or systems are available.
By 31 December , the Commission shall submit a report to the European Parliament and to the Council assessing the necessity and proportionality of harmonising the information included in the registers and assessing the need for the interconnection of those registers.
Self-regulatory bodies designated by Member States shall publish an annual report containing information about:. 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, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions.
Member States shall ensure that individuals who are exposed to threats, retaliatory or hostile actions, or adverse or discriminatory employment actions for reporting suspicions of money laundering or terrorist financing internally or to the FIU are entitled to present a complaint in a safe manner to the respective competent authorities.
Without prejudice to the confidentiality of information gathered by the FIU, Member States shall also ensure that such individuals have the right to an effective remedy to safeguard their rights under this paragraph.
The prohibition laid down in paragraph 1 of this Article shall not prevent disclosure between the credit institutions and financial institutions from the Member States provided that they belong to the same group, or between those entities and their branches and majority owned subsidiaries established in third countries, provided that those branches and majority-owned subsidiaries fully comply with the group-wide policies and procedures, including procedures for sharing information within the group, in accordance with Article 45, and that the group-wide policies and procedures comply with the requirements set out in this Directive.
Member States shall, for the purposes of contributing to the preparation of risk assessment pursuant to Article 7, ensure that they are able to review the effectiveness of their systems to combat money laundering or terrorist financing by maintaining comprehensive statistics on matters relevant to the effectiveness of such systems.
Member States shall ensure that a consolidated review of their statistics is published on an annual basis.
Member States shall transmit annually to the Commission the statistics referred to in paragraph 2. The Commission shall publish an annual report summarising and explaining the statistics referred to in paragraph 2, which shall be made available on its website.
The Member States and the ESAs shall inform each other of instances in which the law of a third country does not permit the implementation of the policies and procedures required under paragraph 1.
In such cases, coordinated actions may be taken to pursue a solution. In the assessing which third countries do not permit the implementation of the policies and procedures required under paragraph 1, Member States and the ESAs shall take into account any legal constraints that may hinder proper implementation of those policies and procedures, including secrecy, data protection and other constraints limiting the exchange of information that may be relevant for that purpose.
Member States shall ensure that providers of exchange services between virtual currencies and fiat currencies, and custodian wallet providers, are registered, that currency exchange and cheque cashing offices, and trust or company service providers are licensed or registered, and that providers of gambling services are regulated.
In order to facilitate and promote effective cooperation, and in particular the exchange of information, Member States shall communicate to the Commission the list of competent authorities of the obliged entities listed in Article 2 1 , including their contact details.
Member States shall ensure that the information provided to the Commission remains updated. The Commission shall publish a register of those authorities and their contact details on its website.
The authorities in the register shall, within the scope of their powers, serve as a contact point for the counterpart competent authorities of the other Member States.
Financial supervisory authorities of the Member States shall also serve as a contact point for the ESAs. In order to ensure the adequate enforcement of this Directive, Member States shall require that all obliged entities are subject to adequate supervision, including the powers to conduct on-site and off-site supervision, and shall take appropriate and proportionate administrative measures to remedy the situation in the case of breaches.
Member States shall ensure that the competent authorities have adequate powers, including the power to compel the production of any information that is relevant to monitoring compliance and perform checks, and have adequate financial, human and technical resources to perform their functions.
Member States shall ensure that staff of those authorities are of high integrity and appropriately skilled, and maintain high professional standards, including standards of confidentiality, data protection and standards addressing conflicts of interest.
Member States shall ensure that competent authorities of the Member State in which the obliged entity operates establishments supervise the respect by those establishments of the national provisions of that Member State transposing this Directive.
In the case of credit and financial institutions that are part of a group, Member States shall ensure that, for the purposes laid down in the first subparagraph, the competent authorities of the Member State where a parent undertaking is established cooperate with the competent authorities of the Member States where the establishments that are part of group are established.
In the case of the establishments referred to in Article 45 9 , supervision as referred to in the first subparagraph of this paragraph may include the taking of appropriate and proportionate measures to address serious failings that require immediate remedies.
Those measures shall be temporary and be terminated when the failings identified are addressed, including with the assistance of or in cooperation with the competent authorities of the home Member State of the obliged entity, in accordance with Article 45 2.
For that purpose, Member States shall ensure that the competent authorities of the Member State where credit and financial institutions that are part of the group are established cooperate with the competent authorities of the Member State where the parent undertaking is established.
Cooperation between competent authorities of the Member States. Member States shall not prohibit or place unreasonable or unduly restrictive conditions on the exchange of information or assistance between competent authorities for the purposes of this Directive.
In particular Member States shall ensure that competent authorities do not refuse a request for assistance on the grounds that:.
Member States shall ensure that FIUs exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering or terrorist financing and the natural or legal person involved, regardless of the type of associated predicate offences and even if the type of associated predicate offences is not identified at the time of the exchange.
Any such refusal to grant consent shall be appropriately explained. Those exceptions shall be specified in a way which prevents misuse of, and undue limitations to, the dissemination of information to competent authorities.
Differences between national law definitions of predicate offences as referred to in point 4 of Article 3 shall not impede the ability of FIUs to provide assistance to another FIU and shall not limit the exchange, dissemination and the use of information pursuant to Articles 53, 54 and Cooperation between competent authorities supervising credit and financial institutions and other authorities bound by professional secrecy.
Member States shall require that all persons working for or who have worked for competent authorities supervising credit and financial institutions for compliance with this Directive and auditors or experts acting on behalf of such competent authorities shall be bound by the obligation of professional secrecy.
Without prejudice to cases covered by criminal law, confidential information which the persons referred to in the first subparagraph receive in the course of their duties under this Directive may be disclosed only in summary or aggregate form, in such a way that individual credit and financial institutions cannot be identified.
That exchange of information shall be subject to the conditions of professional secrecy indicated in paragraph 1.
Competent authorities supervising credit and financial institutions receiving confidential information as referred to in paragraph 1, shall only use this information:.
Member States shall ensure that competent authorities supervising credit and financial institutions cooperate with each other for the purposes of this Directive to the greatest extent possible, regardless of their respective nature or status.
Such cooperation also includes the ability to conduct, within the powers of the requested competent authority, inquiries on behalf of a requesting competent authority, and the subsequent exchange of the information obtained through such inquiries.
Member States may authorise their national competent authorities which supervise credit and financial institutions to conclude cooperation agreements providing for collaboration and exchanges of confidential information with the competent authorities of third countries that constitute counterparts of those national competent authorities.
Such cooperation agreements shall be concluded on the basis of reciprocity and only if the information disclosed is subject to a guarantee of professional secrecy requirements at least equivalent to that referred to in paragraph 1.
Confidential information exchanged according to those cooperation agreements shall be used for the purpose of performing the supervisory task of those authorities.
Where the information exchanged originates in another Member State, it shall only be disclosed with the explicit consent of the competent authority which shared it and, where appropriate, solely for the purposes for which that authority gave its consent.
Notwithstanding Article 57a 1 and 3 and without prejudice to Article 34 2 , Member States may authorise the exchange of information between competent authorities in the same Member State or in different Member States, between the competent authorities and authorities entrusted with the supervision of financial sector entities and natural or legal persons acting in the exercise of their professional activities as referred to in point 3 of Article 2 1 and the authorities responsible by law for the supervision of financial markets in the discharge of their respective supervisory functions.
The information received shall in any event be subject to professional secrecy requirements at least equivalent to those referred to in Article 57a 1.
Notwithstanding Article 57a 1 and 3 , Member States may, by virtue of provisions laid down in national law, authorise the disclosure of certain information to other national authorities responsible by law for the supervision of the financial markets, or with designated responsibilities in the field of combating or investigation of money laundering, the associated predicate offences or terrorist financing.
However, confidential information exchanged according to this paragraph shall only be used for the purpose of performing the legal tasks of the authorities concerned.
Persons having access to such information shall be subject to professional secrecy requirements at least equivalent to those referred to in Article 57a 1.
Member States may authorise the disclosure of certain information relating to the supervision of credit institutions for compliance with this Directive to Parliamentary inquiry committees, courts of auditors and other entities in charge of enquiries, in their Member State, under the following conditions:.
Member States shall ensure that competent authorities, as well as, where applicable, self-regulatory bodies, establish effective and reliable mechanisms to encourage the reporting to competent authorities, as well as, where applicable self-regulatory bodies, of potential or actual breaches of the national provisions transposing this Directive.
For that purpose, they shall provide one or more secure communication channels for persons for the reporting referred to in the first subparagraph.
Such channels shall ensure that the identity of persons providing information is known only to the competent authorities, as well as, where applicable, self-regulatory bodies.
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 entitled to present a complaint in a safe manner to the respective competent authorities.
Without prejudice to the confidentiality of information gathered by the FIU, Member States shall also ensure that such individuals have the right to effective remedy to safeguard their rights under this paragraph.
By 11 January , and every three years thereafter, the Commission shall draw up a report on the implementation of this Directive and submit it to the European Parliament and to the Council.
The Commission shall, if appropriate, issue a report to the European Parliament and to Council to assess the need and proportionality of lowering the percentage for the identification of beneficial ownership of legal entities in light of any recommendation issued in this sense by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing as a result of a new assessment, and present a legislative proposal, if appropriate.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 26 June Member States shall set up the registers referred to in Article 30 by 10 January and the registers referred to in Article 31 by 10 March and the centralised automated mechanisms referred to in Article 32a by 10 September The Commission shall ensure the interconnection of registers referred to in Articles 30 and 31 in cooperation with the Member States by 10 March Member States shall immediately communicate the text of the measures referred to in this paragraph to the Commission.
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication.
The methods of making such reference shall be laid down by Member States. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 January They shall immediately communicate the text of those provisions to the Commission.
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
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Multilingual display. 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.
With respect to business relationships or transactions involving high-risk third countries identified pursuant to Article 9 2 , Member States shall require obliged entities to apply the following enhanced customer due diligence measures: a obtaining additional information on the customer and on the beneficial owner s ; b obtaining additional information on the intended nature of the business relationship; c obtaining information on the source of funds and source of wealth of the customer and of the beneficial owner s ; d obtaining information on the reasons for the intended or performed transactions; e obtaining the approval of senior management for establishing or continuing the business relationship; f conducting enhanced monitoring of the business relationship by increasing the number and timing of controls applied, and selecting patterns of transactions that need further examination.
Those measures shall consist of one or more of the following: a the application of additional elements of enhanced due diligence; b the introduction of enhanced relevant reporting mechanisms or systematic reporting of financial transactions; c the limitation of business relationships or transactions with natural persons or legal entities from the third countries identified as high risk countries pursuant to Article 9 2.
Member States shall ensure that the information on the beneficial ownership is accessible in all cases to: a competent authorities and FIUs, without any restriction; b obliged entities, within the framework of customer due diligence in accordance with Chapter II; c any member of the general public.
That information shall include the identity of: a the settlor s ; b the trustee s ; c the protector s if any ; d the beneficiaries or class of beneficiaries; e any other natural person exercising effective control of the trust.
Member States shall ensure that the information on the beneficial ownership of a trust or a similar legal arrangement is accessible in all cases to: a competent authorities and FIUs, without any restriction; b obliged entities, within the framework of customer due diligence in accordance with Chapter II; c any natural or legal person that can demonstrate a legitimate interest; d any natural or legal 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 other than those referred to in Article 30 1 , through direct or indirect ownership, including through bearer shareholdings, or through control via other means.
Self-regulatory bodies designated by Member States shall publish an annual report containing information about: a measures taken under Articles 58, 59 and 60; b number of reports of breaches received as referred to in Article 61, where applicable; c number of reports received by the self-regulatory body as referred to in paragraph 1 and the number of reports forwarded by the self-regulatory body to the FIU where applicable; d where applicable number and description of measures carried out under Article 47 and 48 to monitor compliance by obliged entities with their obligations under: i Articles 10 to 24 customer due diligence ; ii Articles 33, 34 and 35 suspicious transaction reporting ; iii Article 40 record-keeping ; and iv Articles 45 and 46 internal controls.
In particular Member States shall ensure that competent authorities do not refuse a request for assistance on the grounds that: a the request is also considered to involve tax matters; b national law requires obliged entities to maintain secrecy or confidentiality, except in those cases where the relevant information that is sought is protected by legal privilege or where legal professional secrecy applies, as described in Article 34 2 ; c there is an inquiry, investigation or proceeding underway in the requested Member State, unless the assistance would impede that inquiry, investigation or proceeding; d the nature or status of the requesting counterpart competent authority is different from that of requested competent authority.
Article 57b 1. Member States shall apply Article 12 3 as of 10 July Article 4 Transposition 1. Article 5 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Strasbourg, 30 May For the Council The President L. Article 3 is amended as follows: a. Article 6 is amended as follows: a.
Article 7 is amended as follows: a. Article 9 is amended as follows: a. The Commission is empowered to adopt delegated acts in accordance with Article 64 in order to identify high-risk third countries, taking into account strategic deficiencies in particular in the following areas: a.
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