Payments by telephone operator. Pay Call. Money laundering prevention. EC Regulation No 1781/2006. Directive 2005/60/EC.

Money laundering prevention. EC Regulation No 1781/2006. Directive 2005/60/EC.

Payments by telephone operator. Pay Call.

In the H 2017-18.01 publication, research has been carried out on the law on the prevention of the phenomenon of recycling. Article 3 of EC Regulation No 1781/2006 of 15 November 2006 (which must apply to EU Member States) defines the right of non-application of the Verification Obligations to persons affected by the same Decree Law (by the subjects obligated to make the appropriate verifications) for electronic money as defined in Article 1 (3) (b) of Directive 2000/46 / EC, in the event that the device is not rechargeable, the maximum amount Stored on the device does not exceed 150 euros, or if the device is rechargeable, a limit of 2,500 euros is imposed on the total amount processed in a calendar year, except in cases where an amount equal to or greater EUR 1,000 is repaid to the holder in the same calendar year in accordance with Article 3 of Directive 2000/46 / EC or a transaction of more than EUR 1,000 has been made in accordance with Article 3 (3) of Regulation To (CE) n. 1781/2006. A standard that has led to free use of payment verification devices and payment cards for amounts lower than those imposed by Article 3 of EC Regulation No. 1781/2006 of November 15, 2006. The conditions of non-applicability of the Obligations of Verification by persons required by Directive 2005/60 / EC is also included in the directive in Article 11, which the EU Member States must apply.

With reference to Publication H 2017-18, 01 Article 11 of Directive 2005/60 / EC (applied by Member States, EU) allows for simplified verification obligations for certain categories of subjects and for all subjects when dynamics Of electronic money transfers fall within the limits imposed by the same article; For all other subjects for which Article 11 of Directive 2005/60 / EC is not applicable and for transferring electronic money funds in excess of € 1000.00, in accordance with paragraph 3 of Article 3 of Regulation (EC) No . 1781/2006 there is a requirement for adequate verification by the financial intermediaries.

EU Member States may apply Article 3 (3) of Regulation (EC) No. (EC) No 1781/2006 laying down the limits and arrangements for the transfer of funds in electronic money without the obligation to verification for recycling (with reference to identification) in sostitution the application of Article 3 (6) of Regulation (EC) No 1781/2006. Article 3 (3) of Regulation 1781/2006 / EC derogation from Article 11 (5) (d) of Directive 2005/60 / EC and establishes for amounts transferred (in electronic money) less than 1000 € which do not provide for Proper verification, identification. The substantial difference between the application of Article 3 (3) of Regulation (EC) 1781/2006 for a Member State (EU) and paragraph 6 of that Article may be identified in paragraph 6 (b) defining the "unique identification number" that which must accompany the transfer to identify the transfer of funds Carried out by a natural or legal person who has concluded an agreement with the recipient for the supply of goods and services. With the application of Article 3 (3) (EC Regulation 1781/2006), the service provider of the recipient has no right to have information about the transaction in electronic money and can not go back to the transaction, since the payer (The payee's service provider) is not of the obliged to provide information on the transaction in electronic money and for amounts up to 1000,00 Euro. From the application of Article 3 (2) (EC Regulation 1781/2006), the service provider of the beneficiary through the single identification number must be able to trace the transaction (the payer), Has the right to have information from the payee's service provider (pagatore), obliged to provide it.

Appliances for electronic money transactions must process functions for the assignment and management of the unique identification number required by Article 3 (6) (b) of Regulation 1781/2006 / EC. As in many areas, the software and architecture of systems and equipment for the provision of financial services relating to electronic money transactions through payment cards, non-rechargeable devices, are designed in compliance with the constraints and functions imposed by the legislative framework Which defines the logic of operation.

NOTE: With regard to the obligations of financial intermediaries, it should be considered that in addition to the anti-money laundering rules for money laundering, which date back to 2006, there has always been an international law against money laundering that, in view of the criminal offense, has always put the attention of the intermediary in carrying out the controls in order to avoid contributing to laundering. Reference is made to Penal Code 648bis and 110 of the Criminal Code of the Italian Republic, 18 USC 1956 for the United States.

PAY CALL. Regulation (EC) No. 1781-2006 in Article 4 (3) determines the lanes for payment pay systems, defining that, subject to paragraph 3, this Regulation shall not apply to transfers of funds made by means of a mobile telephone or other digital or telematic devices, In the case of prepaid transfers the amount of which does not exceed EUR 150. An example of the applicability of the above article can be found in Payments through Telecommunications Operator, known payments made through a numbered call with an increased fee, the increase corresponding to the cost of the service or product purchased; For example, the numbering 899 - 892 - 895 for Italy. The example concerns a financial service dynamic delivered by the telephone operator, where it does not only play the role of a financial intermediary and therefore no specific ministerial authorization for the financial service is required In fact it also carries out the role of a company who issues a tax receipt or bill (depending buyer, person or company) instead of the seller of the services and products sold to the consumer, buyer. In the specific example it should be noted that the dynamics of the adopted system presents a risk of money laundering and terrorist financing at zero, in addition to the high traceability of each individual transaction from the consumer to the seller of services and products.

ATTACHMENTS: REGULATION (EC) No 1781/2006 - copy | DIRECTIVE 2005/46/EC - copy | DIRECTIVE 2005/60/EC - copy | Article 648bis, cp code Italy, money laundering - copy | Article 110, cp code Italy, competition in crime - copy | 18 USC 1956, Laundering of monetary instruments - copy |