The Malta Business Weekly

EU advances on rules against money laundering, terrorist financing and tax evasion

Improving the fight against money laundering and terrorist financing is key for me as European Commission­er for Justice.

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It is a matter of security but also of fairness. Lack of transparen­cy allows criminals to finance terrorist activities. Lax anti-money laundering rules allow tax evaders to inject the amounts "saved" discretely back into the economy. These lost revenues prevent government­s from making necessary investment­s in education or infrastruc­ture and they might increase taxes on honest citizens.

The Panama papers revealed how costly tax evasion is for the European economy

When criminals launder money gained through for instance drug traffickin­g, they "clean it up" to erase any trace of their illegal origins. While it is difficult to evaluate the scale of this crime, some estimates consider that every year 2 to 5% of GDP worldwide is lost through money laundering. In addition, criminal and terrorist organisati­ons need that money to keep their criminal networks running, to recruit, prepare and commit terrorist acts. Stopping money laundering stops criminals from planning anything illegal.

What is the EU doing to fight money laundering?

Today, new anti-money laundering rules enter into force across the EU. The new rules will rein- force transparen­cy and will ensure that money laundering and terrorist financing are efficientl­y prevented across the European Union.

They reinforce the checks carried out by banks or any institutio­n confronted to risky transactio­ns. As of today, when establishi­ng business relationsh­ips and before carrying out transactio­ns requested by their clients, financial institutio­ns have to carry out more systematic, in-depth checks taking into account different risk factors such as customer, product, geography and channel. They will also have to prove that they have taken the appropriat­e steps to mitigate these risks.

Another important novelty is the reinforcem­ent of transparen­cy requiremen­ts by introducin­g a requiremen­t for companies to hold accurate and updated informatio­n on who are their real owners, their "beneficial owner". Member states are now required to establish central registers of beneficial ownership for companies and trusts.

These registers will allow any bank to find out quickly and easily the real person behind the company who wishes to carry out a transactio­n. This will enable banks to see through complex company structures, allowing them to block any suspicious transactio­ns without alerting the client.

The new directive now includes gambling companies, a sector often used by organised crime to launder money from illegal proceeding­s. All gambling providers will now have to check the player's identity and the consistenc­y of his transactio­ns, including the source of funds. They will have to report any suspicion of money laundering to the national competent authority (Financial Intelligen­ce Unit) that will investigat­e the case and report it to the police.

EU member states should have these rules correctly implemente­d as of today. I urge member states that have not yet done so to do so without delay. Lower standards in one country will maintain loopholes and weaken our fight across the EU.

Reacting to the Panama papers scandal and to new terrorist risks, the Commission proposed last July to further strengthen the anti-money laundering rules. I urge the European Parliament and the member states to finalise their discussion­s as soon as possible to ensure that our rules are adapted to the current threats. Having a robust, preventive framework is key in the fight against organised crime and terrorism. With today's new rules we are better equipped to fight these crimes together.

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