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The supervisory approach to anti-money laundering: an analysis of the Joint Working Group’s reflection paper

14-11-2018

On August 31 2018, a Joint Working Group consisting of representatives of the European Central Bank, the European Commission and the European Supervisory Agencies published a document entitled ‘Reflection paper on possible elements of a Roadmap for seamless cooperation between Anti Money Laundering and Prudential Supervisors in the European Union’. The reflection paper straightforwardly calls for additional resources to be made available to the European Banking Authority to counter money laundering ...

On August 31 2018, a Joint Working Group consisting of representatives of the European Central Bank, the European Commission and the European Supervisory Agencies published a document entitled ‘Reflection paper on possible elements of a Roadmap for seamless cooperation between Anti Money Laundering and Prudential Supervisors in the European Union’. The reflection paper straightforwardly calls for additional resources to be made available to the European Banking Authority to counter money laundering. Suggestions for better cooperation and information sharing among anti-money laundering and prudential supervisors, however, risk being ineffective, as long as the underlying incentives to engage in international regulatory competition towards low enforcement of anti-money laundering standards are not addressed. To eliminate the potential for regulatory competition, anti-money laundering supervision needs to be raised to a European level.

Išorės autorius

H.Huizinga

Cryptocurrencies and blockchain

05-07-2018

More and more regulators are worrying about criminals who are increasingly using cryptocurrencies for illegitimate activities like money laundering, terrorist financing and tax evasion. The problem is significant: even though the full scale of misuse of virtual currencies is unknown, its market value has been reported to exceed EUR 7 billion worldwide. This paper prepared by Policy Department A elaborates on this phenomenon from a legal perspective, focusing on the use of cryptocurrencies for financial ...

More and more regulators are worrying about criminals who are increasingly using cryptocurrencies for illegitimate activities like money laundering, terrorist financing and tax evasion. The problem is significant: even though the full scale of misuse of virtual currencies is unknown, its market value has been reported to exceed EUR 7 billion worldwide. This paper prepared by Policy Department A elaborates on this phenomenon from a legal perspective, focusing on the use of cryptocurrencies for financial crime, money laundering and tax evasion. It contains policy recommendations for future EU standards.

Išorės autorius

Prof. Dr. Robby HOUBEN and Alexander SNYERS, University of Antwerp, Research Group Business & Law, Belgium

Guarantee Fund for External Action and EIB external lending mandate

16-05-2018

In response to a sharp increase in the number of people trying to migrate to Europe illegally, and as part of the mid-term review of the European Investment Bank's external lending mandate (ELM), the Commission proposed an external investment plan to tackle the root causes of migration from countries neighbouring the European Union, consisting of a European Fund for Sustainable Development (EFSD) and quantitative and qualitative changes to the ELM. These changes entailed two legislative proposals ...

In response to a sharp increase in the number of people trying to migrate to Europe illegally, and as part of the mid-term review of the European Investment Bank's external lending mandate (ELM), the Commission proposed an external investment plan to tackle the root causes of migration from countries neighbouring the European Union, consisting of a European Fund for Sustainable Development (EFSD) and quantitative and qualitative changes to the ELM. These changes entailed two legislative proposals. A compromise package was agreed in trilogue between Council and Parliament, and adopted at first reading during the February I 2018 plenary session. Both acts entered into force on 8 April 2018. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Revision of the Fourth Anti-Money-Laundering Directive

12-04-2018

Directive (EU) 2015/849, which forms part of the EU regulatory framework to combat financial crime, has shown gaps in the light of terrorist attacks and various tax leaks. In this context, the European Commission proposed to amend the directive, along with Directive 2009/101/EC, to broaden their scope, lower thresholds benefiting from exemptions and provide for the creation of automated centralised mechanisms (e.g. central electronic data retrieval systems). The European Parliament and Council each ...

Directive (EU) 2015/849, which forms part of the EU regulatory framework to combat financial crime, has shown gaps in the light of terrorist attacks and various tax leaks. In this context, the European Commission proposed to amend the directive, along with Directive 2009/101/EC, to broaden their scope, lower thresholds benefiting from exemptions and provide for the creation of automated centralised mechanisms (e.g. central electronic data retrieval systems). The European Parliament and Council each put forward substantial modifications to the Commission proposal, including not amending the aforementioned Directive 2009/101/EC. These include: the obligation for Member States to provide data to the Commission on trusts and legal arrangements; specific professional secrecy obligations for staff working, or having worked for, competent authorities supervising credit and financial institutions; cooperation between competent authorities; or the obligation for Member States to provide Financial Intelligence Units (FIUs) with access to information – including through registries or central electronic data retrieval systems – which allows the identification of any natural or legal person owning real estate. The agreement reached in trilogue negotiations now needs to be approved by the Parliament in plenary, and thereafter by the Council. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Revision of the Anti-money-laundering Directive

11-04-2018

The current EU regulatory framework for financial crime –composed of Directive (EU) 2015/849, and Regulation (EU) 2015/847– faces the challenge of keeping pace with technological innovation in financial services, which can create new opportunities to conceal financing, as well as the potential exploitation by criminals of loopholes in the system. Following approval in committee in January, the report is due to be voted in plenary in April.

The current EU regulatory framework for financial crime –composed of Directive (EU) 2015/849, and Regulation (EU) 2015/847– faces the challenge of keeping pace with technological innovation in financial services, which can create new opportunities to conceal financing, as well as the potential exploitation by criminals of loopholes in the system. Following approval in committee in January, the report is due to be voted in plenary in April.

Combating fraud and counterfeiting of non-cash means of payment

08-12-2017

The IA presents the problem of non-cash payment fraud in a coherent and clear manner. The link between the problem (sub-) drivers, specific and general objectives of the proposal is rather straightforward. The objectives could be more specific and time-bound, however, to bring them in line with the SMART criteria. The IA sets out the content of all options in a clear manner. However, the quality of data, analysis and stakeholder consultation leaves an overall poor impression, partly because the combined ...

The IA presents the problem of non-cash payment fraud in a coherent and clear manner. The link between the problem (sub-) drivers, specific and general objectives of the proposal is rather straightforward. The objectives could be more specific and time-bound, however, to bring them in line with the SMART criteria. The IA sets out the content of all options in a clear manner. However, the quality of data, analysis and stakeholder consultation leaves an overall poor impression, partly because the combined IA and evaluation study, which is the external expertise informing the assessment, is not available online and therefore impossible to verify. For instance, according to the IA, the qualitative scores were validated with the focus group participants and external reviewers; however, the results of the validations are not reported in the IA report and only seven stakeholders attended the focus group. Such low attendance is rather surprising, considering that the qualitative assessment was given particular weight when deciding on the preferred option. The IA provides a rather inconsistent synopsis of the three consultation processes and the stakeholders’ contributions are not available online. The IA does not make clear what the stakeholders’ views were on the retained or discarded measures and options. Making the study accessible online could perhaps provide the information needed to understand the logic behind the assessment, the stakeholder consultation and the choice of the preferred option.

Išorės autorius

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Council Framework Decision 2001/413 on combating fraud and counterfeiting of non-cash means of payment

27-11-2017

Council Framework Decision 2001/413 (CFD) on combating fraud and counterfeiting of non-cash means of payment establishes minimum rules concerning the definition of criminal offences and sanctions related to fraud and counterfeiting of non-cash means of payment, as well as the mechanisms for cross-border cooperation and exchange of information. Adopted in 2001, the CFD is now 16 years old. Evidence collected through the Commission’s evaluation and stakeholder consultation confirms the existence of ...

Council Framework Decision 2001/413 (CFD) on combating fraud and counterfeiting of non-cash means of payment establishes minimum rules concerning the definition of criminal offences and sanctions related to fraud and counterfeiting of non-cash means of payment, as well as the mechanisms for cross-border cooperation and exchange of information. Adopted in 2001, the CFD is now 16 years old. Evidence collected through the Commission’s evaluation and stakeholder consultation confirms the existence of significant challenges related to the implementation of the CFD. Overall, it appears that the CFD has not caught up with the technological developments of payment instruments, nor with the increasingly advanced techniques of non-cash fraud. Many Member States have in the meantime updated their respective legal frameworks individually in an effort to respond to these developments. This has resulted in a patchwork of different frameworks within the EU. It has also potentially opened the door to 'forum shopping' (i.e. criminals exploiting the system by moving to those Member States that have more lenient sanctions). The challenges identified include outdated/incomplete definitions, different levels of penalties in Member States, differences in criminalisation of preparatory acts in Member States, difficulties in allocating jurisdiction, under-reporting to law enforcement bodies, etc. The Commission evaluation finds that ‘[a]s a whole, the [CFD] does not appear to have fully met its objectives.’ In the light of the above, in September 2017, the European Commission put forward a proposal for a new directive that would replace the CFD.

PSD2/Regulatory Technical Standards (RTS) on Strong Customer Authentication and Secure Communication, and IFR/RTS on separation of payment card schemes and processing entities

22-11-2017

The monthly scrutiny slot at the ECON meeting of 21 November 2017 focued on the Regulatory Technical Standards (RTS) specifying the requirements on strong customer authentication and common and secure communication under PSD2 which the Commission is about to adopt. These RTS have been previously discussed in ECON scrutiny slots and are the most sensitive PSD2 level-2 measure on which the industry has voiced concerns. The end of the session was dedicated to the RTS on separation of payment card schemes ...

The monthly scrutiny slot at the ECON meeting of 21 November 2017 focued on the Regulatory Technical Standards (RTS) specifying the requirements on strong customer authentication and common and secure communication under PSD2 which the Commission is about to adopt. These RTS have been previously discussed in ECON scrutiny slots and are the most sensitive PSD2 level-2 measure on which the industry has voiced concerns. The end of the session was dedicated to the RTS on separation of payment card schemes and processing entities under Article 7(6) of the Interchange Fees Regulation (IFR) which has recently been adopted - also with changes in regard to the draft of the EBA. Representatives from the Commission, EBA and ECB have been invited to the meeting.

Cross-border payments in the European Union

06-10-2017

The European single market for payments is based on the idea of providing safer and more innovative payment services across the EU. To this end, the European institutions are working on establishing rules and tools to make payment services easier and to foster competition. The aim is to guarantee common standards in all Member States, efficient, faster and diversified types of payment, and consumer protection. The EU has already put several legislative tools in place, has established common criteria ...

The European single market for payments is based on the idea of providing safer and more innovative payment services across the EU. To this end, the European institutions are working on establishing rules and tools to make payment services easier and to foster competition. The aim is to guarantee common standards in all Member States, efficient, faster and diversified types of payment, and consumer protection. The EU has already put several legislative tools in place, has established common criteria and requirements, and provided alternatives (such as e-money) to 'traditional' payment channels. 'Payment services' mean those defined by the EU legislation in the field, and cover common tools and standards for cross-border payments (SEPA), and also e-money services. This Implementation Appraisal deals with cross-border payments and, more specifically, with Regulation (EC) No 924/2009 in the context of the planned European Commission review. Eight years after its entry into force, the Commission has announced its intention to extend its scope to non-euro currencies.

Potential impact of financial innovation on monetary policy

15-05-2017

The recent wave of financial innovation poses a serious challenge to the financial industry’s business model in both its banking and non-banking components. If not responded to adequately and timely by regulators, it may create new risks to financial stability, as occurred before the global financial crisis of 2007-2009. However, financial innovation will not seriously affect the process of monetary policymaking and is unlikely to undermine the ability of central banks to perform their price stability ...

The recent wave of financial innovation poses a serious challenge to the financial industry’s business model in both its banking and non-banking components. If not responded to adequately and timely by regulators, it may create new risks to financial stability, as occurred before the global financial crisis of 2007-2009. However, financial innovation will not seriously affect the process of monetary policymaking and is unlikely to undermine the ability of central banks to perform their price stability mission.

Išorės autorius

Marek DABROWSKI (CASE, Center for Social and Economic Research)

Būsimi renginiai

10-12-2019
EU institutional dynamics: Ten years after the Lisbon Treaty
Kitas renginys -
EPRS
11-12-2019
Take-aways from 2019 and outlook for 2020: What Think Tanks are Thinking
Kitas renginys -
EPRS

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