Annexes to COM(2013)45 - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing - Main contents

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dossier	COM(2013)45 - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
document	COM(2013)45
date	May 20, 2015

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:

(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 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:

(a)	private banking;

(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