Source: OJ L, 2024/1624, 19.6.2024
Current language: EN
- Anti-money laundering
Basic legislative acts
- Anti-money laundering regulation (AMLR)
Article 44 Politically exposed persons who are beneficiaries of insurance policies
Obliged entities shall take reasonable measures to determine whether the beneficiaries of a life or other investment-related insurance policy or, where relevant, the beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; of the beneficiary are politically exposed personsmeans a natural person who is or has been entrusted with prominent public functions including:in a Member State:heads of State, heads of government, ministers and deputy or assistant ministers;members of parliament or of similar legislative bodies;members of the governing bodies of political parties that hold seats in national executive or legislative bodies, or in regional or local executive or legislative bodies representing constituencies of at least 50 000 inhabitants;members of supreme courts, of constitutional courts or of other high-level judicial bodies, the decisions of which are not subject to further appeal, except in exceptional circumstances;members of courts of auditors or of the boards of central banks;ambassadors, chargés d’affaires and high-ranking officers in the armed forces;members of the administrative, management or supervisory bodies of enterprises controlled under any of the relationships listed in Article 22 of Directive 2013/34/EU either by the state, or, where those enterprises qualify as medium sized or large undertakings or medium sized or large groups, as defined in Article 3(3), (4), (6) and (7) of that Directive, by regional or local authorities;heads of regional and local authorities, including groupings of municipalities and metropolitan regions, with at least 50 000 inhabitants;other prominent public functions provided for by Member States;in an international organisation:the highest ranking officials, their deputies and members of the board or equivalent functions of an international organisation;representatives to a Member State or to the Union;at Union level:functions at the level of Union institutions and bodies that are equivalent to those listed in points (a) (i), (ii), (iv), (v) and (vi);in a third country:functions that are equivalent to those listed in point (a);. Those measures shall be taken no later than at the time of the payout or at the time of the assignment, in whole or in part, of the policy. Where there are higher risks identified, in addition to applying the customer due diligence measures laid down in Article 20, obliged entities shall:
inform senior managementmeans the members of the management body in its management function, as well as officers and employees with sufficient knowledge of the obliged entity’s money laundering and terrorist financing risk exposure and sufficient seniority to take decisions affecting its risk exposure; before payout of policy proceeds;
conduct enhanced scrutiny of the entire business relationshipmeans a business, professional or commercial relationship connected with the professional activities of an obliged entity, which is set up between an obliged entity and a customer, including in the absence of a written contract and which is expected to have, at the time when the contact is established, or which subsequently acquires, an element of repetition or duration; with the policyholder.
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