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Directive (EU) 2015/849 of the European Parliament and of the CouncilShow full title

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 purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (Text with EEA relevance)

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When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Changes over time for: Directive (EU) 2015/849 of the European Parliament and of the Council (Annexes only)

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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

ANNEX IU.K.

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 IIU.K.

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 enterprises;

(c)

customers that are resident in geographical areas of lower risk as set out in point (3);

(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 that provides retirement benefits to employees, where contributions are made by way of deduction from wages, and the scheme rules do not permit the assignment of a member's interest under the scheme;

(d)

financial products or services that provide appropriately defined and limited services to certain types of customers, so as to increase access for financial inclusion purposes;

(e)

products where the risks of money laundering and terrorist financing are managed by other factors such as purse limits or transparency of ownership (e.g. certain types of electronic money);

(3)

[F1Geographical 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 basis of credible sources such as mutual evaluations, detailed assessment reports or published follow-up reports, have requirements to combat money laundering and terrorist financing consistent with the revised FATF Recommendations and effectively implement those requirements.

ANNEX IIIU.K.

The following is a non-exhaustive list of factors and types of evidence of potentially higher risk referred to in Article 18(3):

(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 shareholders or shares in bearer form;

(e)

businesses that are cash-intensive;

(f)

the ownership structure of the company appears unusual or excessively complex given the nature of the company's business;

(g)

[F2customer is a third country national who applies for residence rights or citizenship in the Member State in exchange of capital transfers, purchase of property or government bonds, or investment in corporate entities in that Member State.]

(2)

Product, service, transaction or delivery channel risk factors:

(a)

private banking;

(b)

products or transactions that might favour anonymity;

(c)

[F1non-face-to-face business relationships or transactions, without certain safeguards, such as electronic identification means, relevant trust services as defined in Regulation (EU) No 910/2014 or any other secure, remote or electronic, identification process regulated, recognised, approved or accepted by the relevant national authorities;]

(d)

payment received from unknown or unassociated third parties;

(e)

new products and new business practices, including new delivery mechanism, and the use of new or developing technologies for both new and pre-existing products;

(f)

[F2transactions related to oil, arms, precious metals, tobacco products, cultural artefacts and other items of archaeological, historical, cultural and religious importance, or of rare scientific value, as well as ivory and protected species.]

(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 significant levels of corruption or other criminal activity;

(c)

countries subject to sanctions, embargos or similar measures issued by, for example, the Union or the United Nations;

(d)

countries providing funding or support for terrorist activities, or that have designated terrorist organisations operating within their country.

ANNEX IVU.K.

Correlation table

This DirectiveDirective 2005/60/ECDirective 2006/70/EC
Article 1
Article 3
Article 5
Article 6
Article 7
Article 1Article 1
Article 2Article 2
Article 2(3) to (9)Article 4
Article 3Article 3
Article 3(9), (10) and (11)Article 2(1), (2) and (3)
Article 4Article 4
Article 5Article 5
Articles 6 to 8
Article 10Article 6
Article 11Article 7
Article 13Article 8
Article 14Article 9
Article 11(d)Article 10(1)
Article 10(2)
Articles 15, 16 and 17Article 11
Article 12
Articles 18 to 24Article 13
Article 22Article 2(4)
Article 25Article 14
Article 15
Article 26Article 16
Article 17
Article 27Article 18
Article 28
Article 29Article 19
Article 30
Article 31
Article 20
Article 32Article 21
Article 33Article 22
Article 34Article 23
Article 35Article 24
Article 36Article 25
Article 37Article 26
Article 38Article 27
Article 39Article 28
Article 29
Article 40Article 30
Article 45Article 31
Article 42Article 32
Article 44Article 33
Article 45Article 34
Article 46Article 35
Article 47Article 36
Article 48Article 37
Article 49
Article 50Article 37a
Article 51Article 38
Articles 52 to 57
Articles 58 to 61Article 39
Article 40
Article 41
Article 41a
Article 41b
Article 65Article 42
Article 43
Article 66Article 44
Article 67Article 45
Article 68Article 46
Article 69Article 47

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