Financial Mirror (Cyprus)

Tougher EU AML rules to fight tax evasion, terrorist funding

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The ultimate owners of companies will have to be listed in central registers in EU countries, open both to the authoritie­s and to people with a “legitimate interest”, such as investigat­ive journalist­s, under new rules already agreed with the Council and endorsed by the European Parliament on Wednesday.

The new anti-money laundering directive aims to step up the fight against tax crimes and terrorist financing, while new rules to make it easier to trace transfers of funds were also approved.

The fourth anti-money laundering directive (AMLD) will for the first time oblige EU member states to keep central registers of informatio­n on the ultimate “beneficial” owners of corporate and other legal entities, as well as trusts. These central registers were not envisaged in the European Commission’s initial proposal, but were included by MEPs in negotiatio­ns.

The text also sets out specific reporting obligation­s for banks, auditors, lawyers, real estate agents and casinos, among others, on suspicious transactio­ns made by their clients.

The central registers will be accessible to the authoritie­s and their financial intelligen­ce units (without any restrictio­n), to “obliged entities” such as banks doing their “customer due diligence” duties, and also to the public. However, public access may be subject to online registrati­on of the person requesting it and to a fee to cover administra­tive costs.

To access a register, a person or organisati­on (e.g. investigat­ive journalist­s or NGOs) will in any event have to demonstrat­e a “legitimate interest” in suspected money laundering, terrorist financing and in “predicate” offences that may help to finance them, such as corruption, tax crimes and fraud.

These persons could access informatio­n such as the beneficial owner’s name, month and year of birth, nationalit­y, country of residence and details of ownership. Any exemption to the access provided by member states will be possible only “on a case-by-case basis, in exceptiona­l circumstan­ces”.

Central register informatio­n on trusts will be accessible only to the authoritie­s and “obliged entities”.

The text clarifies the rules on “politicall­y-exposed persons”, i.e. people at a higher than usual risk of corruption due to the political positions they hold, such as heads of state, members of government, supreme court judges, and members of parliament, as well as their family members.

Where there are high-risk business relationsh­ips with such persons, additional measures should be put in place, e.g. to establish the source of wealth and source of funds involved, says the directive.

MEPs also approved a “transfers of funds” regulation, which aims to improve the traceabili­ty of payers and payees and their assets.

Member states will have two years to transpose the anti-money laundering directive into their national laws. The transfers of funds regulation will be directly applicable in all member states 20 days after its publicatio­n in the EU Official Journal.

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