6.4.2022
EN
Official Journal of the European Union
C 152/95
4.9.
The EESC calls on the European Commission to examine the possibility of the AMLA being fully operational, including direct supervision, before 2026.
In any case, the EESC calls on the European Commission and the other institutions involved to strengthen their cooperation in the meantime to implement existing legislation more effectively following the comments made by the EP and the ECA.
This applies in particular to the EBA — and its new AML Committee -, the ECB and Europol.
The EESC also calls on the European Commission, the EEAS and Europol to carry out a new analysis of third countries likely to be included in a new EU list of AML-FT non-cooperators as soon as possible.
4.10.
The EESC appreciates the great importance that the European Public Prosecutor’s Office could have in the AML-FT fight and calls on the European institutions and the Member States to facilitate its full implementation without further delay.
It regrets the obstacles placed by some governments to the completion of the process, in particular by some governments that have recently held the temporary presidency of the EU.
The Committee agrees with the EP in calling on the European Commission to consider the proposal to establish a European framework for cross-border financial and tax crime investigations.
4.11.
The transnational nature of money laundering makes it necessary to step up coordination between national police forces and intelligence services.
At the same time, the EESC believes that it would be very useful to give Europol greater powers and sufficient human and material resources to combat money laundering and the financing of terrorism (ML-FT) and transnational organised crime, and to coordinate national police forces.
Effective coordination of the European Public Prosecutor’s Office, the new AMLA and Europol could be the key to the practical success of the new legislative package.
4.12.
The EESC believes that a new, realistic and truthful list of non-cooperative jurisdictions should be drawn up.
It also proposes that the Commission draw up a directive stipulating that companies and individuals involved in financial crime or money laundering should be excluded from any public procurement process.
4.13.
The EESC also believes that the current relationship between FIU of Member States should be kept and included in the new structure of the AMLA.
The information and strategic alliances built over the years between FIUs of different Member States cannot be lost.
4.14.
A significant proportion of money laundering takes place outside the financial system, through the use of cash for the purchase of goods that are subsequently legalised or stored, or through certain commercial transactions.
The EESC calls on the Commission to study how the proposed legislative package could be applied most effectively to the market in works of art, and high-value assets and their storage in free ports, customs warehouses and special economic zones, as well as to certain commercial transactions, commercial transactions involving interest-free loans repaid in a country of destination, real estate investments and transactions with gambling companies.
The results of such a study should, where appropriate, serve as a basis for further legislative proposals to combat money laundering and related offences.
4.15.
The activity of the vast majority of non-profit civil society organisations strengthens democracy by making it participatory, as well as being an economic sector of growing value.
Many of them have actually been fighting against money laundering and contributing to revealing money laundering practices.
Nevertheless, some non-profit civil society organisations might be used in money laundering operations.
For this reason, when designing policies regarding non-profit civil society organisations, a risk assessment in this sector must be very careful, in order to detect cases of the use of such organisations for illegal purposes, without promoting curbs on their development or allowing authoritarian governments to attack organisations that criticise them.
5.
Specific Comments 5.1.
During the pandemic, in addition to an increase in virtual transactions and greater use of crypto-assets, the market for NFT (Non Fungible Tokens) (25), which move money across borders (USD 2,5 billion in the first half of 2021) using blockchain technology, has taken off.
The EESC proposes that NFT (marketplace) operators be included in the list of obliged entities.
Similarly, ‘non-cash transactions’, which are being used for money laundering, need to be monitored.
(25)
Reuters, 6/06/2021: NFT sales volume.