R&C: Could you provide an overview of the intent and scope of the forthcoming EU Sixth Anti-Money Laundering Directive (6AMLD)?

Parfitt: Back in September 2018, the European Parliament “adopted a legislative resolution on the proposal for a directive of the European Parliament and of the Council on countering money laundering by criminal law”. This proposed directive aims to set minimum rules, or harmonise, the definition of criminal offences and sanctions under existing money laundering regulations, supports and adds to the preventative aspects of money laundering directives, and strengthens the legal framework around police cooperation. Approximately six months after the adoption of the Fifth EU Anti-Money Laundering Directive (5AMLD), on 12 November 2018, the Sixth EU Anti-Money Laundering Directive (6AMLD) was published by the European Parliament. While there are numerous proposed amendments that EU-regulated firms need to be aware of, the primary changes include harmonisation of predicate crimes to create a single list of 22 offences that include environmental crimes and cyber crime, broadening money laundering offences to include ‘aiding and abetting’, and ‘attempting’ and ‘inciting’, criminal liability extension to legal persons, mandated international cooperation when prosecuting money laundering offences, tougher punishments and dual criminality requirements for certain offences.

Oct-Dec 2019 Issue

Acuris Risk Intelligence