The European Union has issued 6AMLD the sixth anti-money laundering and cybercrime directive

19.10.2020

Financial Crime

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The updated version increases transparency in the fight against money laundering fraud and cyber crime and increases the penalties for crime. After a number of major European banking scandals that raised doubts about the effectiveness of the EU's counter-approach, the updated method aims to combat cybercrime and terrorist financing more effectively. 6AMLD is part of the EU's increasingly stringent approach to all countermeasures in the financial sector. The rules will cover the EU's anti-money laundering agency, which can directly oversee compliance at the institutional level. Companies must be prepared for further changes with efficient and effective processes and have flexible AML systems that can respond to a changing environment. In many respects, 6AMDL is a succession of previous AMDLs ensuring the elimination of unpredictable vulnerabilities, but also shaped to accommodate a number of more recent problems. The new directive provides clearer definitions of offenses and penalties. It extends criminal liability to legal entities and companies by imposing stricter penalties. Businesses will have to cooperate in prosecuting money laundering crimes as well as protect customers from cybercrime and fight terrorist financing. One of the aims of the Sixth Directive is to list 22 predicate offenses relating to money laundering, with a definition of each specific offense. In the case of existing regulated companies, the changes focus on three areas: cybercrime, cooperation and criminal liability. Virtual currencies "cryptocurrencies" have also appeared in the spotlight, posing new risks and challenges in money laundering. Cybercrime has never been mentioned in any previous AMLD. Businesses are required to cooperate in the prosecution of money laundering offenses. This means that if the crime occurred between two companies, they will now be required to work together to identify the perpetrator and prosecute him in one way. For the first time, companies and "legal entities" can be prosecuted. If a natural person important to the company classified as a "legal person" in a given company has not prevented the criminal activity then that person and the company will be punished for these acts. Businesses have enough time to put in place and seal up the KYC and AML verification system by June 3, 2021, despite the fact that the law will enter into force worldwide in December 2020.

 

Karol Kiełtyka

19.10.2020 18:34

Accepted.