On 10 February 2015, the Council of the EU approved the political agreement reached with the European Parliament on the proposed Fourth Anti-Money Laundering Directive and Regulation (AML IV). Political agreement had been reached on the proposals on 16 December 2014.
AML IV implements recommendations by the Financial Action Task Force (FATF), which is considered a global reference for rules against money laundering and terrorist financing. On some issues, AML IV expands on the FATF's requirements and provides for additional safeguards.
The key amendments that AML IV will make to the existing regime are as follows:
- The extension of the Directive’s scope – AML IV introduces requirements for a greater number of traders.
- The application of a risk-based approach – Member States will be required to assess and identify risks and use those assessments to, where necessary, identify areas where an entity should apply enhanced AML measures.
- Stricter rules on customer due diligence - obliged entities such as banks are required to take enhanced measures where the risks are greater, and can take simplified measures where risks are smaller.
AML IV introduces provisions relating to the beneficial owners of companies. Information on beneficial ownership will be stored in a central register which will be accessible to competent authorities, financial intelligence units and obliged entities such as banks. Access will also be given to persons who can demonstrate a legitimate interest in the stored information.
AML IV provides for a maximum fine of at least twice the amount of the benefit derived from the breach or at least €1 million.
For breaches involving credit or financial institutions, it provides for a maximum fine of at least:
- €5 million or 10% of the total annual turnover in the case of a legal person
- €5 million in the case of a natural person
The Council’s approval of the political agreement paves the way for the adoption by the European Parliament of the proposals, which is expected in March or April 2015. Member states will have two years to transpose the directive into national law. The regulation will be directly applicable.