Приклади вживання Obliged entities Англійська мовою та їх переклад на Українською
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Member States may decide that obliged entities are responsible for filling in the register.
The risk-based approach is not anunduly permissive option for Member States and obliged entities.
Member States shall prohibit obliged entities from relying on third parties established in high-risk third countries.
Possible delays in the implementation of disclosure obligations under the MDR provisionswill not have negative consequences for the obliged entities, provided that these obligations are properly fulfilled by 28 February 2019.
The competent authorities and obliged entities should be proactive in combating new and innovative ways of money laundering.
When assessing the risks of money laundering and terrorist financing relating to types of customers, geographic areas, and particular products, services, transactions or delivery channels,Member States and obliged entities shall take into account at least the factors of potentially lower risk situations set out in Annex II.
In particular, obliged entities shall increase the degree and nature of monitoring of the business relationship, in order to determine whether those transactions or activities appear suspicious.
When assessing the risks of money laundering andterrorist financing, Member States and obliged entities shall take into account at least the factors of potentially higher-risk situations set out in Annex III.
For certain obliged entities, Member States should have the possibility to designate an appropriate self-regulatory body as the authority to be informed in the first instance instead of the FIU.
When applying this Directive,it is appropriate to take account of the characteristics and needs of smaller obliged entities which fall under its scope, and to ensure treatment which is appropriate to their specific needs, and the nature of the business.
Obliged entities shall provide new clients with the information required pursuant to Article 10 of Directive 95/46/EC before establishing a business relationship or carrying out an occasional transaction.
When performing the measures referred to in points(a) and(b)of the first subparagraph, obliged entities shall also verify that any person purporting to act on behalf of the customer is so authorised and identify and verify the identity of that person.
Obliged entities and their directors and employees shall not disclose to the customer concerned or to other third persons the fact that information is being, will be or has been transmitted in accordance with Article 33 or 34 or that a money laundering or terrorist financing analysis is being, or may be, carried out.
Such an exemption should be without prejudice to thediscretion given to Member States to allow obliged entities to apply simplified customer due diligence measures to other electronic money products posing lower risks, in accordance with Article 15.
Where the obliged entities referred to in point(3)(a) and(b) of Article 2(1) seek to dissuade a client from engaging in illegal activity, that shall not constitute disclosure within the meaning of paragraph 1 of this Article.
Such an exemption should be without prejudice to thediscretion given to Member States to allow obliged entities to apply simplified customer due diligence measures to other electronic money products posing lower risks, in accordance with Article 15.
Described as“obliged entities” in the Fourth Anti-Money Laundering Directive, these are defined as“relevant persons” in the MLRs and as businesses in the“regulated sector” in the Terrorism Act 2000 and the Proceeds of Crime Act 2002.
The range of sanctions and measures should be sufficiently broad to allow Member States andcompetent authorities to take account of the differences between obliged entities, in particular between credit institutions and financial institutions and other obliged entities, as regards their size, characteristics and the nature of the business.
Member States may permit obliged entities to rely on third parties to meet the customer due diligence requirements laid down in points(a),(b) and(c) of the first subparagraph of Article 13(1).
By way of derogation from thegeneral prohibition against carrying out suspicious transactions, obliged entities should be able to carry out suspicious transactions before informing the competent authorities where refraining from such carrying out is impossible or likely to frustrate efforts to pursue the beneficiaries of a suspected money laundering or terrorist financing operation.
In such exceptional cases, obliged entities, having exhausted all other means of identification, and provided there are no grounds for suspicion, may consider the senior managing official(s) to be the beneficial owner(s).
For the purposes of this Section,‘third parties' means obliged entities listed in Article 2, the member organisations or federations of those obliged entities, or other institutions or persons situated in a Member State or third country that:.
Member States shall require obliged entities that are part of a group to implement group-wide policies and procedures, including data protection policies and policies and procedures for sharing information within the group for AML/CFT purposes.
In order to be able to respond fully and rapidly to enquiries from FIUs, obliged entities need to have in place effective systems enabling them to have full and timely access through secure and confidential channels to information about business relationships that they maintain or have maintained with specified persons.
Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, including at times when the relevant circumstances of a customer change.
In order to be able to respond fully andrapidly to enquiries from FIUs, obliged entities need to have in place effective systems enabling them to have full and timely access through secure and confidential channels to information about business relationships that they maintain or have maintained with specified persons.
Member States shall ensure that obliged entities take appropriate steps to identify and assess the risks of money laundering and terrorist financing, taking into account risk factors including those relating to their customers, countries or geographic areas, products, services, transactions or delivery channels.
For the purposes of assessing the appropriateness of persons holding a management function in,or otherwise controlling, obliged entities, any exchange of information about criminal convictions should be carried out in accordance with Council Framework Decision 2009/315/JHA(16) and Council Decision 2009/316/JHA(17), as transposed into national law, and with other relevant provisions of national law.
Member States shall ensure that obliged entities can be held liable for breaches of national provisions transposing this Directive in accordance with this Article and Articles 59 to 61.
Member States shall ensure that obliged entities obtain from the third party relied upon the necessary information concerning the customer due diligence requirements laid down in points(a),(b) and(c) of the first subparagraph of Article 13(1).