The New Anti-Money Laundering Law First Perspectives on the 4th Eur
This book introduces and contextualizes the revised and strengthened legislation on the laundering of criminal funds mandated by the European Union on the 20th May 2015. The authors provide fresh and new insight into the EU’s fourth directive 2015/849, wi
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The New Anti-Money Laundering Law
Domenico Siclari Editor
The New Anti-Money Laundering Law First Perspectives on the 4th European Union Directive
Editor Domenico Siclari Sapienza Università di Roma Roma, Italy
ISBN 978-3-319-29098-0 ISBN 978-3-319-29099-7 DOI 10.1007/978-3-319-29099-7
(eBook)
Library of Congress Control Number: 2016939224 © The Editor(s) (if applicable) and The Author(s) 2016 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer International Publishing AG Switzerland
CONTENTS
1 Introduction Domenico Siclari 2
The CDD Obligations Following a Risk-Based Approach Pierpaolo Fratangelo
1
11
3 Beneficial Ownership and Effective Transparency Roberto Formisani
25
4
45
Anti-Money Laundering EU Law and Network of Agents Domenico Siclari
5 Risk Assessment Pierluigi Tonnara
57
6
67
Tax Crimes Inclusion in “Criminal Activity” Definition Andrea Zaccagna
v
vi
CONTENTS
7
The Effects of New Rules on Gambling Elena Giacone
Bibliography
77
97
NOTES
ON
CONTRIBUTORS
Roberto Formisani currently works at the Bank of Italy in the Organisation Directorate (focusing on internal regulations of the Bank) and is currently reading for a PhD in Corporate and Securities Law at the University of Bologna. Previously, he worked for the Italian Banking Association, where he dealt with the reform of the European system of financial supervision and got a five-month research internship in the Banking Supervision Department of the Bank of Italy. He published some articles in Italian legal journals and participated, as contributor, to a commentary on Italian Corporate Law. Pierpaolo Fratangelo is Deputy Head of the AML/CFT Unit in the Banking and Financial Supervision Department at the Bank of Italy. He is a member of the Italian Delegations to FATF and to Council of Europe/Moneyval. He is the representative of t
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