On the proposal for a regulation of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing
A-9-2023-0151
Committee on Economic and Monetary Affairs Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Eero Heinäluoma, Damien Carême
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Parliament's amended version of the Commission proposal for a regulation on preventing the use of the financial system for money laundering and terrorist financing.¶¶ It widens the list of obliged entities to include crypto-asset service providers, NFT platforms, crowdfunding platforms, football clubs and agents, wealth managers, property developers and traders in luxury goods.¶¶¶ It bans citizenship-by-investment schemes and sets minimum requirements for residence-by-investment schemes, and bans anonymous crypto-asset accounts.¶¶¶ It lowers the EU-wide cash payment limit to EUR 7000 and requires enhanced due diligence for high-risk customers, politically exposed persons and high-net-worth individuals.¶¶¶ It gives AMLA tasks to develop technical standards, monitor third-country threats and maintain a public register of shell banks and unlicensed crypto-asset service providers.¶¶¶
Committee position. The committees propose to amend the Commission proposal by widening the scope of obliged entities, banning citizenship-by-investment schemes, lowering cash limits, strengthening sanctions screening and giving AMLA new tasks.¶¶¶
Key points
- Parliament adopts its first-reading position amending the Commission proposal on preventing money laundering and terrorist financing through the financial system.¶¶
- The amended text adds crypto-asset service providers, NFT platforms, DAO and DeFi arrangements, and crowdfunding platforms to the list of obliged entities.¶¶¶
- It adds high-level professional football clubs, football associations and sports agents in the football sector as obliged entities.¶¶¶
- It adds wealth or asset managers, property developers, certified debt collectors and traders in luxury goods to the list of obliged entities.¶¶¶
- Member States shall not put in place citizenship-by-investment schemes, and must apply minimum measures for residence-by-investment schemes.¶¶
- Credit institutions, financial institutions and crypto-asset service providers are prohibited from keeping anonymous accounts, passbooks, safe-deposit boxes or crypto-asset accounts.¶¶
- The EU-wide limit for large cash payments is set at EUR 7000, with Member States able to adopt lower limits.¶¶
- Enhanced due diligence is required for high-net-worth customers, politically exposed persons for at least 24 months after leaving office, and customers linked to offshore financial centres.¶¶¶
- Obliged entities must screen customers and beneficial owners against targeted financial sanctions, and credit and financial institutions must screen regularly and when new sanctions are adopted.¶¶¶
- AMLA is tasked with developing draft regulatory technical standards on internal policies, group-wide procedures, beneficial ownership, sanctions screening and reporting formats.¶¶¶
- AMLA shall monitor third countries posing a specific and serious threat, and may identify non-EU credit or financial institutions posing such a threat.¶¶¶
- AMLA shall establish a public register of shell banks and unregistered or unlicensed crypto-asset service providers, and credit and financial institutions must not have correspondent relationships with them.¶¶¶
Who is affected
- Obliged entities including credit and financial institutions, crypto-asset service providers, crowdfunding platforms, estate agents and traders in luxury goods.¶¶¶
- High-level professional football clubs, football associations and sports agents in the football sector.¶¶¶
- Member States, which must not grant citizenship by investment and must apply minimum measures for residence-by-investment schemes.¶¶
- Politically exposed persons and their family members, including siblings, subject to enhanced due diligence.¶¶¶
- High-net-worth customers and beneficial owners, subject to specific enhanced due diligence.¶¶
Figures and deadlines
- EUR 10 000 threshold for occasional transactions, with lower thresholds for higher-risk sectors.¶
- EUR 7000 EU-wide limit for large cash payments.¶¶
- EUR 1 000 threshold for occasional crypto-asset transfers requiring customer due diligence.¶
- EUR 2 000 threshold for gambling transactions, or EUR 1 000 for online gambling.¶
- EUR 150 maximum stored for electronic money exempted from certain due diligence measures.¶
- 24 months minimum enhanced due diligence after a person leaves a prominent public function.¶¶
- EUR 1 000 000 minimum financial or investable wealth for high-net-worth customer definition.¶
- EUR 7 000 000 annual turnover for high-level professional football club definition.¶
Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union.¶