Anti-Money Laundering Legislative Package - Related Opinions
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Crypto-assets are a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology (e.g. blockhain). They are neither issued nor guaranteed by a central bank or public authority, and can be used as a means of exchange and/or for investment purposes and/or to access a good or service. A wide range of crypto-assets exist, encompassing different features and functions, hence presenting different challenges and risks.
This Directive will set out a horizontal framework to foster the contribution of businesses operating in the single market to the respect of the human rights and environment in their own operations and through their value chains, by identifying, preventing, mitigating and accounting for their adverse human rights, and environmental impacts, and having adequate governance, management systems and measures in place to this end.
The EESC fully supports the Commission proposal on the misuse of shell companies for tax purposes and its objectives. Ensuring an effective, fair taxation across the single market is crucial to favour a real recovery after the COVID-19 pandemic. The Committee supports the choice of a Directive aimed at ensuring a common legal framework among Member States. The nature of the subject matter to be regulated and the objectives pursued means that they cannot be handled through single initiatives by Member States in their respective legal systems.
The EESC proposes launching a European pact to effectively combat tax fraud, evasion and avoidance and money laundering. The Committee calls on the European Commission to promote a political initiative involving national governments and the other European institutions in achieving this goal, fostering the consensus needed for this and involving civil society. Cooperation between Member States should be the main pillar of the pact. The Committee urges the European institutions and the Member States to provide the financial and human resources required for the effective implementation of existing European legislation and to agree on a commitment to adopt all necessary new legislative and administrative measures to effectively combat tax offences and bad practices, money laundering and the activities of tax havens. This requires permanent evaluation of the outcome of implementing each measure.
The EESC supports the Commission's proposal to expand the scope of controls and the competency of the authorities in order to conduct checks and confiscate goods, whenever there is a reasonable indication of illicit activities. The EESC recommends to improve cooperation, both between the competent authorities and between Member States and suggests that penalties should be harmonised across Member States and communicated to the Commission in a coherent way. The Committee also proposes that, in addition to gold, other "highly liquid commodities" should be included in the definition of cash from the moment the new regulation is adopted and it draws attention to the threat of further use of pre-paid cards by criminals and terrorists to covertly finance their activities.
The EESC believes that the fight against terrorism and its financing and efforts to combat money laundering and other related forms of economic crime should be permanent EU policy priorities. These efforts should be linked more closely with the efforts needed to combat tax fraud and tax avoidance. Therefore, the EESC considers creating public national registers of the beneficial owners of bank accounts, businesses, trusts and transactions, and access to them by obliged entities, to be a priority. Furthermore, all obligations laid down in the Anti Money Laundering Directive should be extended to all territories or jurisdictions whose sovereignty resides with the Member States. And free trade and economic partnership agreements should include a chapter on measures to tackle money laundering and terrorist financing, tax fraud and tax avoidance.
Presentation "Access to Anti-money laundering informations"
The EESC believes that the fight against terrorism and its financing and efforts to combat money laundering and other related forms of economic crime should be permanent EU policy priorities. These efforts should be linked more closely with the efforts needed to combat tax fraud and tax avoidance. Therefore, the EESC considers creating public national registers of the beneficial owners of bank accounts, businesses, trusts and transactions, and access to them by obliged entities, to be a priority. Furthermore, all obligations laid down in the Anti Money Laundering Directive should be extended to all territories or jurisdictions whose sovereignty resides with the Member States. And free trade and economic partnership agreements should include a chapter on measures to tackle money laundering and terrorist financing, tax fraud and tax avoidance.
Presentation Commission "Proposal for a Directive amending Directive 2015/849"
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