ANNEX I
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 II
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)
Geographical risk factors:
(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 III
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;
(2)
Product, service, transaction or delivery channel risk factors:
(b)
products or transactions that might favour anonymity;
(c)
non-face-to-face business relationships or transactions, without certain safeguards, such as electronic signatures;
(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;
(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 IV
Correlation table
This Directive | Directive 2005/60/EC | Directive 2006/70/EC |
---|
— | | Article 1 |
— | | Article 3 |
— | | Article 5 |
— | | Article 6 |
— | | Article 7 |
Article 1 | Article 1 | |
Article 2 | Article 2 | |
Article 2(3) to (9) | | Article 4 |
Article 3 | Article 3 | |
Article 3(9), (10) and (11) | | Article 2(1), (2) and (3) |
Article 4 | Article 4 | |
Article 5 | Article 5 | |
Articles 6 to 8 | — | |
Article 10 | Article 6 | |
Article 11 | Article 7 | |
Article 13 | Article 8 | |
Article 14 | Article 9 | |
Article 11(d) | Article 10(1) | |
— | Article 10(2) | |
Articles 15, 16 and 17 | Article 11 | |
— | Article 12 | |
Articles 18 to 24 | Article 13 | |
Article 22 | | Article 2(4) |
Article 25 | Article 14 | |
— | Article 15 | |
Article 26 | Article 16 | |
— | Article 17 | |
Article 27 | Article 18 | |
Article 28 | — | |
Article 29 | Article 19 | |
Article 30 | — | |
Article 31 | — | |
— | Article 20 | |
Article 32 | Article 21 | |
Article 33 | Article 22 | |
Article 34 | Article 23 | |
Article 35 | Article 24 | |
Article 36 | Article 25 | |
Article 37 | Article 26 | |
Article 38 | Article 27 | |
Article 39 | Article 28 | |
— | Article 29 | |
Article 40 | Article 30 | |
Article 45 | Article 31 | |
Article 42 | Article 32 | |
Article 44 | Article 33 | |
Article 45 | Article 34 | |
Article 46 | Article 35 | |
Article 47 | Article 36 | |
Article 48 | Article 37 | |
Article 49 | — | |
Article 50 | Article 37a | |
Article 51 | Article 38 | |
Articles 52 to 57 | — | |
Articles 58 to 61 | Article 39 | |
— | Article 40 | |
— | Article 41 | |
— | Article 41a | |
— | Article 41b | |
Article 65 | Article 42 | |
— | Article 43 | |
Article 66 | Article 44 | |
Article 67 | Article 45 | |
Article 68 | Article 46 | |
Article 69 | Article 47 | |