OpenLegislation

Article 2 Definitions

United Kingdom

Original text. Later amendments are not shown.

For the purposes of this Directive, the following definitions apply:

  1. (1)

    ‘centralised bank account registries’ means the centralised automated mechanisms, such as central registries or central electronic data retrieval systems, put in place in accordance with Article 32a(1) of Directive (EU) 2015/849;

  2. (2)

    ‘Asset Recovery Offices’ means the national offices set up or designated by each Member State pursuant to Decision 2007/845/JHA;

  3. (3)

    ‘Financial Intelligence Unit (“FIU”)’ means an FIU as established pursuant to Article 32 of Directive (EU) 2015/849;

  4. (4)

    ‘obliged entities’ means the entities set out in Article 2(1) of Directive (EU) 2015/849;

  5. (5)

    ‘financial information’ means any type of information or data, such as data on financial assets, movements of funds or financial business relationships, which is already held by FIUs to prevent, detect and effectively combat money laundering and terrorist financing;

  6. (6)

    ‘law enforcement information’ means:

    1. (i)

      any type of information or data which is already held by competent authorities in the context of preventing, detecting, investigating or prosecuting criminal offences;

    2. (ii)

      any type of information or data which is held by public authorities or by private entities in the context of preventing, detecting, investigating or prosecuting criminal offences and which is available to competent authorities without the taking of coercive measures under national law;

    such information can be, inter alia, criminal records, information on investigations, information on the freezing or seizure of assets or on other investigative or provisional measures and information on convictions and on confiscations;

  7. (7)

    ‘bank account information’ means the following information on bank and payment accounts and safe-deposit boxes contained in the centralised bank account registries:

    1. (i)

      as regards the customer-account holder and any person purporting to act on behalf of the customer: the name, complemented by either the other identification data required under the national provisions transposing point (a) of Article 13(1) of Directive (EU) 2015/849 or a unique identification number;

    2. (ii)

      as regards the beneficial owner of the customer-account holder: the name, complemented by either the other identification data required under the national provisions transposing point (b) of Article 13(1) of Directive (EU) 2015/849 or a unique identification number;

    3. (iii)

      as regards the bank or payment account: the IBAN number and the date of account opening and closing;

    4. (iv)

      as regards the safe-deposit box: the name of the lessee, complemented by the other identification data required under the national provisions transposing Article 13(1) of Directive (EU) 2015/849 or a unique identification number, and the duration of the lease period;

  8. (8)

    ‘money laundering’ means the conduct defined in Article 3 of Directive (EU) 2018/1673 of the European Parliament and of the Councilf1;

  9. (9)

    ‘associated predicate offences’ means the offences referred to in point (1) of Article 2 of Directive (EU) 2018/1673;

  10. (10)

    ‘terrorist financing’ means the conduct defined in Article 11 of Directive (EU) 2017/541 of the European Parliament and of the Councilf2;

  11. (11)

    ‘financial analysis’ means the results of operational and strategic analysis that has already been carried out by the FIUs in the performance of their tasks, pursuant to Directive (EU) 2015/849;

  12. (12)

    ‘serious criminal offences’ means the forms of crime listed in Annex I to Regulation (EU) 2016/794.

Annotations

Footnotes

f1

Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22).

f2

Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).