Out-Law / Your Daily Need-To-Know

A new money laundering Directive has been given the final seal of approval by the EU’s Council of Ministers. The Directive aims to stamp out the financing of terrorism and organised crime and widens the scope of the current money laundering regime to combat the proceeds of all serious crime. Previously, the Directive only covered the proceeds of drugs offences.

Internal Market Commissioner Frits Bolkestein said: "the EU is setting a new world standard in the fight against the financing of terrorism and organised crime.”

The new regime will extend the category of bodies who will be responsible for “suspicious transaction” reporting from those in financial sector to a series of non-financial activities and professions that are vulnerable to misuse by money launderers. Requirements as regards client identification, record keeping and reporting of suspicious transactions are therefore extended to external accountants and auditors, real estate agents, notaries, lawyers, dealers in high value goods such as precious stones and metals or works of art, auctioneers, transporters of funds and casinos.

Ensuring that provisions are made to ensure adequate customer identification is an issue particularly pertinent when no face-to face customer contact is made, as in on-line banking or other forms of e-commerce.

Member States have a period of eighteen months in order to implement the Directive and make it law.

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