What changed, Directive (EU) 2015/849

+ ## CHAPTER I — GENERAL PROVISIONS / SECTION 1 — Subject-matter, scope and definitions
− ## *SECTION 1* / ***Subject-matter, scope and definitions***
+ ## CHAPTER I — GENERAL PROVISIONS / SECTION 2 — Risk assessment
− ## *SECTION 2* / ***Risk assessment***
+ ## CHAPTER I — GENERAL PROVISIONS / SECTION 3 — Third-country policy
− ## *SECTION 3* / ***Third-country policy***
+ ## CHAPTER II — CUSTOMER DUE DILIGENCE / SECTION 1 — General provisions
− ## *SECTION 1* / ***General provisions***
+ ## CHAPTER II — CUSTOMER DUE DILIGENCE / SECTION 2 — Simplified customer due diligence
− ## *SECTION 2* / ***Simplified customer due diligence***
+ ## CHAPTER II — CUSTOMER DUE DILIGENCE / SECTION 3 — Enhanced customer due diligence
− ## *SECTION 3* / ***Enhanced customer due diligence***
+ ## CHAPTER II — CUSTOMER DUE DILIGENCE / SECTION 4 — Performance by third parties
− ## *SECTION 4* / ***Performance by third parties***
+ ## CHAPTER III — BENEFICIAL OWNERSHIP INFORMATION
− ## CHAPTER III / **BENEFICIAL OWNERSHIP INFORMATION**
+ **5.** 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 person or organisati…
− **5.** 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 genera…
+ The persons or organisations referred to in point (c) of the first subparagraph shall be permitted to access at least the name, the month and year of birth and the country of residence and nationality of the beneficial owner as well as the nature and extent of the beneficial interest held.
− The persons referred to in point (c) shall be permitted to access at least the name, the month and year of birth and the country of residence and nationality of the beneficial owner as well as the nature and extent of the beneficial interest held.
+ **4.** 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 wi…
− **4.** 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 wi…
+ The information accessible to natural or legal persons referred to in point (c) of the first subparagraph 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.
− The information accessible to natural or legal persons referred to in points (c) and (d) of the first subparagraph 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.
+ ## CHAPTER IV — REPORTING OBLIGATIONS / SECTION 1 — General provisions
− ## *SECTION 1* / ***General provisions***
+ ## CHAPTER IV — REPORTING OBLIGATIONS / SECTION 2 — Prohibition of disclosure
− ## *SECTION 2* / ***Prohibition of disclosure***
+ ## CHAPTER V — DATA PROTECTION, RECORD-RETENTION AND STATISTICAL DATA
− ## CHAPTER V / **DATA PROTECTION, RECORD-RETENTION AND STATISTICAL DATA**
+ ## CHAPTER VI — POLICIES, PROCEDURES AND SUPERVISION / SECTION 1 — Internal procedures, training and feedback
− ## *SECTION 1* / ***Internal procedures, training and feedback***
+ ## CHAPTER VI — POLICIES, PROCEDURES AND SUPERVISION / SECTION 2 — Supervision
− ## *SECTION 2* / ***Supervision***
+ ## CHAPTER VI — POLICIES, PROCEDURES AND SUPERVISION / SECTION 3 — Cooperation / Subsection I — National cooperation
− ## Subsection I / **National cooperation**
+ ## CHAPTER VI — POLICIES, PROCEDURES AND SUPERVISION / SECTION 3 — Cooperation / Subsection II — Cooperation with EBA
− ## Subsection II / **Cooperation with EBA**
+ ## CHAPTER VI — POLICIES, PROCEDURES AND SUPERVISION / SECTION 3 — Cooperation / Subsection IIa — Cooperation between competent authorities of the Member States
− ## Subsection IIa / **Cooperation between competent authorities of the Member States**
+ ## CHAPTER VI — POLICIES, PROCEDURES AND SUPERVISION / SECTION 3 — Cooperation / Subsection III — Cooperation between FIUs and with the Commission
− ## Subsection III / **Cooperation between FIUs and with the Commission**
+ ## CHAPTER VI — POLICIES, PROCEDURES AND SUPERVISION / SECTION 3 — Cooperation / Subsection IIIa — Cooperation between competent authorities supervising credit and financial institutions and other authorities bound by professional secrecy
− ## Subsection IIIa / **Cooperation between competent authorities supervising credit and financial institutions and other authorities bound by professional secrecy**
+ ## CHAPTER VI — POLICIES, PROCEDURES AND SUPERVISION / SECTION 4 — Sanctions
− ## *SECTION 4* / ***Sanctions***
+ ## CHAPTER VII — FINAL PROVISIONS
− ## CHAPTER VII / **FINAL PROVISIONS**
− 
− ### ANNEX I
− 
− The following is a non-exhaustive list of risk variables that obliged entities shall consider when determining to what extent to apply customer due diligence measures in accordance with Article 13(3):
− 
− (i) the purpose of an account or relationship;
− 
− (ii) the level of assets to be deposited by a customer or the size of transactions undertaken;
− 
− (iii) the regularity or duration of the business relationship.
− 
− ### ANNEX II
− 
− The following is a non-exhaustive list of factors and types of evidence of potentially lower risk referred to in Article 16:
− 
− (1) Customer risk factors: (a) public companies listed on a stock exchange and subject to disclosure requirements (either by stock exchange rules or through law or enforceable means), which impose requirements to ensure adequate transparency of beneficial ownership; (b) public administrations or ent…
− 
− (2) Product, service, transaction or delivery channel risk factors: (a) life insurance policies for which the premium is low; (b) insurance policies for pension schemes if there is no early surrender option and the policy cannot be used as collateral; (c) a pension, superannuation or similar scheme …
− 
− (3) Geographical risk factors — registration, establishment, residence in: (a) Member States; (b) third countries having effective AML/CFT systems; (c) third countries identified by credible sources as having a low level of corruption or other criminal activity; (d) third countries which, on the bas…
− 
− ### ANNEX III
− 
− The following is a non-exhaustive list of factors and types of evidence of potentially higher risk referred to in Article 18(3):
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− (1) Customer risk factors: (a) the business relationship is conducted in unusual circumstances; (b) customers that are resident in geographical areas of higher risk as set out in point (3); (c) legal persons or arrangements that are personal asset-holding vehicles; (d) companies that have nominee sh…
− 
− (2) Product, service, transaction or delivery channel risk factors: (a) private banking; (b) products or transactions that might favour anonymity; (c) non-face-to-face business relationships or transactions, without certain safeguards, such as electronic identification means, relevant trust services…
− 
− (3) Geographical risk factors: (a) without prejudice to Article 9, countries identified by credible sources, such as mutual evaluations, detailed assessment reports or published follow-up reports, as not having effective AML/CFT systems; (b) countries identified by credible sources as having signifi…
− 
− ### ANNEX IV
− 
− **Correlation table**
− 
− | This Directive | Directive 2005/60/EC | Directive 2006/70/EC |
− | --- | --- | --- |
− | — |  | Article 1 |
− | — |  | Article 3 |
− | — |  | Article 5 |
− | — |  | Article 6 |
− | — |  | Article 7 |
− | Article 1 | Article 1 |  |
− | Article 2 | Article 2 |  |
− | Article 2(3) to (9) |  | Article 4 |
− | Article 3 | Article 3 |  |
− | Article 3(9), (10) and (11) |  | Article 2(1), (2) and (3) |
− | Article 4 | Article 4 |  |
− | Article 5 | Article 5 |  |
− | Articles 6 to 8 | — |  |
− | Article 10 | Article 6 |  |
− | Article 11 | Article 7 |  |
− | Article 13 | Article 8 |  |
− | Article 14 | Article 9 |  |
− | Article 11(d) | Article 10(1) |  |
− | — | Article 10(2) |  |
− | Articles 15, 16 and 17 | Article 11 |  |
− | — | Article 12 |  |
− | Articles 18 to 24 | Article 13 |  |
− | Article 22 |  | Article 2(4) |
− | Article 25 | Article 14 |  |
− | — | Article 15 |  |
− | Article 26 | Article 16 |  |
− | — | Article 17 |  |
− | Article 27 | Article 18 |  |
− | Article 28 | — |  |
− | Article 29 | Article 19 |  |
− | Article 30 | — |  |
− | Article 31 | — |  |
− | — | Article 20 |  |
− | Article 32 | Article 21 |  |
− | Article 33 | Article 22 |  |
− | Article 34 | Article 23 |  |
− | Article 35 | Article 24 |  |
− | Article 36 | Article 25 |  |
− | Article 37 | Article 26 |  |
− | Article 38 | Article 27 |  |
− | Article 39 | Article 28 |  |
− | — | Article 29 |  |
− | Article 40 | Article 30 |  |
− | Article 45 | Article 31 |  |
− | Article 42 | Article 32 |  |
− | Article 44 | Article 33 |  |
− | Article 45 | Article 34 |  |
− | Article 46 | Article 35 |  |
− | Article 47 | Article 36 |  |
− | Article 48 | Article 37 |  |
− | Article 49 | — |  |
− | Article 50 | Article 37a |  |
− | Article 51 | Article 38 |  |
− | Articles 52 to 57 | — |  |
− | Articles 58 to 61 | Article 39 |  |
− | — | Article 40 |  |
− | — | Article 41 |  |
− | — | Article 41a |  |
− | — | Article 41b |  |
− | Article 65 | Article 42 |  |
− | — | Article 43 |  |
− | Article 66 | Article 44 |  |
− | Article 67 | Article 45 |  |
− | Article 68 | Article 46 |  |
− | Article 69 | Article 47 |  |
− 
− (1) Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).
− 
− (2) Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC (OJ L 319, 5.12.2007, p. 1).
− 
− (3) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
− 
− (4) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 1…
− 
− (5) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
− 
− (6) Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, …
− 
− (7) Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation (OJ L 9, 15.1.2003, p. 3).
− 
− (8) Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
− 
− (9) Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).
− 
− (10) OJ C 316, 27.11.1995, p. 49.
− 
− (11) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealin…
− 
− (12) Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
− 
− (13) Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (see page 1 of this Official Journal).
− 
− (14) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
− 
− (15) Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
− 
− (16) Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64, 11.3.2011, p. 1).
− 
− (17) Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of …
− 
− (18) Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (OJ L 169, 30.6.2017, p. 46).
− 
− (19) Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22).
− 
− (20) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5…
− 
− (21) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation …
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− (22) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5…
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− (23) Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).
− 
− (24) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L …
− 
− (25) Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).
− 
− (26) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing…
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− (27) Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141, 5.6.2015, p. 1).
− 
− (28) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).