Legislative updates of recent years, 2015-2017. Prevention of money laundering, small payouts, pay calls system.

Legislative updates of recent years, 2015-2017.

Prevention of money laundering, small payouts, pay calls system

In the publication H 2018-19,02 we have been interested in the legislative framework aimed at payment systems, pay-call, with greater interest in the numbering at a higher cost (an increase equal to the cost of the goods sold), for Italy the 899 prefix numbers, 892 and 895. With reference to the unique identifier defined by EC Regulation 1781/2006, the European Parliament and the Council of the European Union on 20 May 2015 adopt the EU Regulation 847/2015 on the information accompanying transfers of funds and repealing Regulation (CE) n. 1781/2006.

Illegal cash flows resulting from transfers undermine the integrity, stability and reputation of the financial sector pose a threat to the Union's internal market and international development. In order to safeguard the integrity, stability of the fundraising system, the European Commission adopts new measures aimed at preventing the transfer of illegal money by defining obligations to control information that must integrate a transfer of funds, excluding payment services defined by ' Article 3, points (a) to (m) and (o) of Directive 2007/64 / EC (on payment services in the internal market, European market). It is also appropriate to exclude from the scope of EU Regulation 847/2015 the transfer of funds with low risk of money laundering or terrorist financing. Such exclusions should include payment cards, electronic money instruments, mobile phones or other digital or computer devices prepaid or postpayed with similar characteristics, where they are used solely for the purchase of goods or services and the card number, Instrument or device accompany all transfers. In the case of transfer of funds between people, the regulation can not be excluded. They should be excluded from the scope of this Regulation the Automated Teller Machine withdrawals, payments of taxes, fines or other levies, transfers of funds carried out through cheque images exchanges, including truncated cheques, or bills of exchange, and transfers of funds where both the payer and the payee are payment service providers acting on their own behalf should.

In order not to hinder the efficiency of payment systems and to counter the risk of triggering, as a result of small amounts of funds transfers, illegal transactions as a result of too stringent identification provisions aimed at countering the potential threat of money laundering, in the case of transfers of funds whose verification has not yet been carried out, it is appropriate to provide that the obligation to verify the accuracy of the information relating to the payer or the payee is imposed solely in relation to individual transfers of funds above the 1000 Euro, unless the transfer appears to be linked to other fund transfers exceeding EUR 1000 each, the funds have been received or paid in cash or anonymous electronic money or where there is a reasonable suspicion of money laundering or financing terrorism. With EC Directives 2015/849 and 2015/847, anonymous electronic money is introduced in the legislative framework on the prevention, against use of the financial system for money laundering.

In order to facilitate criminal investigations, with regard to counterfeiting in payment transactions, payment service providers should keep information about the payer and the beneficiary for a period of five years after which all personal data should be deleted , Unless otherwise provided by national law. If necessary to prevent, detect or investigate terrorist offenses or terrorist financing, and after having assessed the necessity and proportionality of the measure, Member States should be able to authorize or impose that data be retained for a further period No more than five years, respecting the national criminal law provisions in the field of evidence relating to criminal investigations and ongoing judicial proceedings. (In Italy, they must be kept for a period of 10 years after termination of employment, professional performance, or occasional operation pursuant to Decree Law 90-2017 implementing Directive EC 847/2015).

Article 2 (3) of Regulation 847/2015 stipulates that the directive should not apply to transfers of funds made using a payment card, an electronic money instrument or cell phone or any other prepaid digital or computer device or Postpayed with similar characteristics provided, that the following conditions are met: (a) the card, instrument or device is used solely for the payment of goods or services; And b) the card, instrument, or device number accompany all transactions generated by the transaction. It therefore excludes any obligation to verify data payment information, for the system of payment Pay Call system.

Article 2 (5) of EU Regulation 847/2015 stipulates that a Member State may decide not to apply this Regulation to transfers of funds to its territory on a payee's account which only allows payment of the supply of Goods or services provided that all of the following conditions are met: (a) the service payment provider the beneficiary, is subject to Directive (EU) 2015/849; (B) the payee's payment service provider is able to trace through the beneficiary, through a unique identification code, the transfer of funds by the party who has concluded an agreement with the beneficiary for the supply of goods or services; C) the amount of the transfer of funds does not exceed 1000 Euro.

In the case of transfers of funds not exceeding EUR 1000 which do not appear to be linked to other transfers of funds which, together with the transfer in question, exceed EUR 1000, the payee's payment service provider is not required to verify the transfer of funds, the accuracy of the beneficiary's disclosure data, unless the service payment provider, ax the payer, makes payment of funds in cash or anonymous electronic money or has reasonable suspicion of money laundering or terrorist financing.

With reference to the obligations of the payment service provider defined by the European Commission under EU Regulation 847/2015, the provisions of Article 4 and Article 7 define the information that accompany the transfers of funds which are: a - ordaining; b - the payee's payment account number; and c - the address of the payer, the number of his official personal document, his identification number as a customer, or the date and place of birth. The payer's payment service provider shall ensure that the transfers of funds are accompanied by the following information concerning the beneficiary: a - the name of the beneficiary; And b - the payer's payment account number. Where transfers are not made out of a payment account or in favor of an account, the payment service provider of the payer ensures that the transfer of funds is accompanied by a unique identification code of the transaction rather than number or payment account numbers. Prior to transferring the funds, the payment service provider the payer, verifies the accuracy of the information, relying on documents, data or information obtained from a reliable and independent source. It is considered that the verification of the information has been carried out if: a - the identity of the payer has been verified in accordance with article 13 of directive (EU) 2015/849 and the information resulting from the verification is kept in accordance with article 40 of that directive; or, b - article 14 (5) of directive (EU) 2015/849 applies to the payer. 6. The payment service provider of the payer shall not transfer funds until he / she has fully observed this article. The payee's payment service provider the beneficiary ensures that all information about the transaction is provided. The payee's payment beneficiary service provider applies effective risk-based procedures, including procedures calibrated in accordance with the risks referred to in article 13 of directive (EU) 2015/849, to determine whether to perform, refuse or suspend a transfer of funds not accompanied by complete information required for the payer and beneficiary and the appropriate measures to be taken. Where the payee's payment service provider, in receiving funds transfers, realizes that the information is missing or incomplete or has not been completed with the characters or data eligible in accordance with the messaging or payment system conventions and the payment service provider of the beneficiary refuses the transfer or requests the required information about the payer and the payee before or after making the payment on the beneficiary's account or making available to him the funds, depending on the risk assessment. If a payment service provider repeatedly omits to provide the required information on the payer or beneficiary, the payee's payment service provider shall take measures, which may initially include recalls and objections, before refusing any future transfer of funds coming from that payment service provider or limiting or terminating his professional relationship with the same. The payee's payment service provider shall report such failure and the measures taken to the competent authority responsible for checking compliance with the anti-money laundering and terrorist financing provisions.

With reference to publication H 2018-19,02 and the free use of payment cards (up to 1000,00 Euro) and non-rechargeable devices of an amount not exceeding 150,00 € in electronic money in compliance with the conditions defined by the standard of Article 3 (3) of regulation EC 1781/2006 on 20 May 2015, the European Commission and Parliament adopted the EU directive 2015/849 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, which amend regulation (EU) No 648/2012 of the European Parliament and of the Council and repealing Directive 2005/60 / EC of the European Parliament and of the Council and Commission directive 2006/70 / EC. Considering that high cash payments significantly threaten the risk of money laundering and terrorist financing, with the EU directive 2015/849 in order to increase supervision and limit the risks associated with these cash payments, the European Commission Considers it appropriate for asset dealers to fall within the scope of this Directive when making or accepting cash payments in the amount of EUR 10,000 or more. Member States should be able to adopt lower thresholds, additional general rules on cash use and more stringent provisions. The directive allows Member States to apply a maximum threshold per customer and per single transaction, regardless of whether the transaction is carried out in a single solution or with several transactions that appear to be affiliated, so that it is not possible to meet the obligations of adequate verification . This maximum threshold is established at national level depending on the type of financial activity. It must be sufficiently low to ensure that the types of transaction in question are a method that is unlikely to be usable and ineffective for money laundering or terrorist financing and should not exceed 1000 Euros.

In the implementation of EU Directive 849/2015, Member States shall ensure that obliged subjects apply measures to properly monitor customers when establishing a business relationship, when carrying out an occasional transaction of EUR 15,000 or more, irrespective of whether the transaction is carried out in a single operation or with several related transactions (€ 15,000 is the maximum amount for Certain payment transactions exempt from the obligations under EU Directive 849/2015, with the exception of always mandatory identification without the unique identification code); or when a transfer of funds exceeds € 1,000.00 as defined as an operation carried out at least partially by electronic means on behalf of an ordering party by a payment service provider in order to make the funds available to the beneficiary through a payment service provider, irrespective of whether the payer And that the payer's payment service provider and the payee's payment service provider coincide, including: wire transfer, direct debit, cash withdrawal, transfer Made using a payment card, an electronic money instrument or cell phone or any other prepaid or postpayed digital or computer device with similar characteristics. Verification requirements must be assured in the case of persons negotiating in goods when performing occasional cash transactions of at least 10,000 Euro, irrespective of whether the transaction is carried out in one operation or with several transactions which appear connected, for gambling services providers, to collect the winnings, on a bet, or on both occasions, when performing transactions of a value equal to or greater than 2,000 Euro, regardless of whether the transaction is executed with a single operation or with several transactions that appear to be affiliated, where there is suspicion of recycling or terrorist financing, irrespective of any exemption, exemption or threshold applicable, and in the end if there are doubts as to the veracity or adequacy of the previously obtained data for the purpose of identifying the customer.

Member States, in the implementation of EU Directive 849/2015 on the basis of an appropriate assessment of the risk of money laundering and financing of terrorism from which a low-risk profile emerges, may allow the obliged individuals not to apply certain measures to adequate of verify for Customers of electronic money if certain conditions of risk limitation are met together, including the payment instrument not to be rechargeable or subject to a maximum monthly limit of 250 Euro transactions, usable only by the Member State that adopts the standard, Moreover, the maximum electronically stored sum should not exceed 250 Euro (A Member State may raise the maximum limit up to 500 Euros), the payment instrument must be used solely for the purchase of goods or services and can not be powered by anonymous electronic money . The issuer's obligations regarding the control over the transactions or business relationship sufficient to allow the detection of abnormal or suspicious transactions remain. The exemption from the obligation of proper verification can not be applied in the case of refunds of over € 100 or currency cash withdrawals of the electronic money stored in the device (cash withdrawals).

With the adoption of EU Directive 849/2015, Member States prohibit their credit institutions and financial institutions from keeping accounts or anonymous savings accounts. Member States shall in any case require that the holders and beneficiaries of the accounts or existing anonymous savings accounts be subject to the most appropriate measures of adequate customer verification, and in any case prior to the use of the accounts or savings accounts; Member States shall also take measures to prevent misuse of bearer shares and shareholder bearer certificates.

In the presence of a low risk of money laundering or terrorist financing, verification of the identity of the client, the executor and the actual holder may be postponed at a time after the establishment of the relationship or the assignment of the assignment for the conduct Of a professional performance, where this is necessary to allow the ordinary management of the activity covered by the report. In such a case, the obliged subjects will still obtain the identification data of the customer, the executor and the actual holder and the data relating to the type and amount of the transaction and complete the procedures for verifying their identity as soon as possible and, in any case, within thirty days of the establishment of the report or the assignment of the assignment. Once this term has expired, if it finds the objective impossibility of completing the verification of the identity of the client, the obliged parties are refusing to continue the relationship and assess, subject to the conditions, if a suspected UIF (Information Unit Financial for Italy).

For those who are obliged to apply the obligation of adequate verification to prevent terrorist financing and recycling phenomena when fund transfers are carried out nationally on a payee's account which only allows the payment of the supply of goods or services Services and the following conditions are verified jointly: a - the payer's payment service provider is subject to the obligations of this decree (directive CE 2015/849); b - the payee's payment service provider is able to retrieve, through the same beneficiary and by means of the unique identification code of the operation (publication reference H 2018-19,02), infromation on the transfer of funds by the person who has concluded an agreement with the beneficiary for the supply of goods or services; c - the amount of the transfer of funds does not exceed 1,000 Euro. Payment service providers, with the exception of those situations that are highly risk-prone to money laundering or terrorist financing, may take, or not take, measures such as recalls and objections before refusing any future transfer of funds from that service provider payment or to limit or terminate its professional relations with the same, with regard to payment service providers domiciled in countries which have set an exemption threshold for the obligation to submit information. The exemption from verification obligations is not applicable for transfer of funds over 1,000 Euros or 1,000 USD. It is obvious that the exemption is only applicable if the payer and the beneficiary are identified, ie for electronic money transfers (non-anonymous) with payment devices and cards for which the conditions for exemption from the obligation of proper verification are verified the exemption is only possible in the presence of the unique identification code with reference to the updated regulatory framework.

Article 40 of Directive 849/2015 / EC defines the rule that Member States must take in respect of the retention time of the information and documents collected by subjects subject to appropriate verification in accordance with national law in order to prevent and Facilitating investigations by the FIU or other competent authority on any recycling mony or financing of terrorism. The documents and information to be retained are as follows: as far as customer verification is concerned, the copy of the documents and information required to meet the obligations for a period of five years from the termination of the business relationship with the customer or later on the date of an occasional operation. They must keep the records and records of the transactions, consisting of the original documents or copies which have probative effect in judicial proceedings under national law, necessary to identify the payment transaction, for a period of five years after termination of a business with the customer or after the date of an occasional transaction. Upon expiry of the retention period, Member States shall ensure that the obliged individuals erase personal data, unless otherwise provided in national law which determines the situations in which the obliged persons continue or may continue to preserve them. Member States may authorize or prescribe a longer period of conservation after having carried out an accurate assessment of the necessity and proportionality of such additional conservation and having considered that this is justified because it is necessary to prevent, detect or investigate on recycling or Of terrorism financing. This additional period of storage shall not exceed five more years.

With reference to the dynamics emerging in the management of payment system, "pay-call" (for Italy 899-892-895), with reference to the regulatory framework for financial services covered by Publication H 2016-17,06 and Directive 2007/64, the European Parliament and the Council of the European Union adopt the EU Directive 2015/2366 repealing the EC Directive 2007/64. The commission has found that many innovative payment products and services do not fall entirely or in large part within the scope of Directive 2007/64 / EC. Market developments on payments have created conditions not covered by EC Directive 2007/64 and hence dynamic that cause legal uncertainty and potential risks to the security of the payment chain and the lack of consumer protection in some sectors. Conditions that create complexity for the launch of innovative digital payment cards by authorized intermediaries, causing dynamics that have limited the provision of efficient, convenient, and secure payment methods to consumers and business users. There is a great potential in this regard that needs to be exploited more coherently. Directive 2007/64 / EC excludes certain payment transactions by means of telecommunications or information technology from its scope if the network operator does not act solely as an intermediary for the supply of digital goods and services through the device but also gives added value to such goods or services. In particular, this exclusion makes it possible to bill with the operator (billing operator) or direct debit purchases on the telephone bill that, from mobile phone ringtones and premium SMS services, contributes to the development of new commercial models based on low-cost digital content and voice technology services. Such services include entertainment such as chatting, downloading videos, music and games; Information such as weather, news, sports updates and stock exchange, consultation of lists, participation in television and radio programs, such as voting, enrollment in competitions, real-time feedback, edition, service for communications. Information from the market does not confirm that such payment transactions, which consumers find comfortable for small payments, have become a general service of payment intermediation (market analysis shows consumers' preference in using the pay-call system, Payments by phone, compared to other small payment systems).

However, because of the ambiguity in the wording of the relative exclusion, the latter has been applied in a homogeneous manner by the various Member States, resulting in a lack of legal certainty for operators and consumers and in some cases allowing payment intermediation services to be considered Covered unlimitedly by exclusion from the scope of Directive 2007/64 / EC. It is therefore appropriate to clarify and narrow the scope for the exclusion of such service providers by specifying the types of payment transactions to which they apply in relation to Article 3 (L) of Directive 2007/64, Where the goods or services purchased are delivered to the telecommunication device, digital or computer, or are to be used by that device, provided that the same repealed Directive does not apply to payment transactions executed through any telecommunications, digital or computer device That the telecommunications, digital or computer operator does not act solely as a payment service intermediary between the user and the supplier of goods (relevant to the payment service provider where he is not only an intermediary but a provider of payment services Added value to the payment service, billing operator).

The European Commission considers that for the correct application of legal logic the exclusion of payment transactions by telecommunication or information technology (or part of them) from the EU directive 2015/2366 should specifically cover micropayments for digital content and voice technology services. Clear reference should be made to payment transactions for the purchase of electronic tickets in order to take account of payments developments where, in particular, customers can order, pay, obtain and validate electronic tickets from anywhere and in any currently using cell phones or other devices. Electronic tickets allow and facilitate the provision of services that customers may otherwise purchase in the form of paper tickets and include carriage, entertainment, car parking and event entry but exclude physical assets. They thus reduce production and distribution costs associated with traditional channels of issuing paper tickets and increase convenience for customers through simple and new ways of purchasing tickets. Payments by entities that raise funds for charitable purposes should be excluded from the scope of the EU Directive 2015/2366 in order to reduce the burden on them (value added services generated by the application of the pay-call system, increased consumer adherence as demonstrated from historical market analyzes from the application of the pay-call system for small payments). Member States should have the option to limit the exclusion in part to donations collected for the benefit of charitable organizations registered. The exclusion in the complex should apply only when the value of the transaction is below a certain threshold in order to limit it clearly to the low risk profile of payments.

The substantive changes of interest for this publication in relation to EC directive 2007/64 repealed by EU directive 2015/2366, which Member States will adopt by 13 January 2018, concern Article 3 (L) for payment transactions by a provider of electronic communications networks or services in addition to electronic communications services for a network or service subscriber: (i) - for the purchase of digital content and voice technology services, irrespective of the device used for the purchase or for the consumption of digital content and charged to the relative invoice; or (ii) - made by or through an electronic device and debited by means of the related invoice in the context of a charitable activity or for the purchase of tickets; provided that the value of each payment transaction referred to in points (i) and (ii) does not exceed EUR 50 and: a - the total value of payment transactions does not exceed EUR 300 per month for a single subscriber; or b - if the subscriber submits his account to the provider of electronic communications networks or services, the total value of the payment transactions does not exceed EUR 300 per month. Article 3 (L) introduces restrictions with respect to Article 3 (L) of the repealed Directive (2007/64 / EC). In the researches of interest for this publication, emerge the new rules on the protection of the funds of the clients of the monetary institutions and payment institutions which allow greater operational flexibility without compromising the protection of funds defined by the European Commission in the new directive ( 2015/2366 / EU) by introducing Article 10 thereof.

Requirements for protection, requirements for the protection of funds: article 10 (1) - Member States or the competent authorities shall require payment institutions which provide the payment services referred to in points 1 to 6 of annex I to EU directive 2015/2366 to protect all funds received by payment service users through another payment service provider for the execution of payment transactions, in one of the following ways: a) funds are never confused with funds of any natural or legal person other than payment service users on whose behalf the funds are held and, if they are detained by the payment institution and not yet delivered to the beneficiary or transferred to another payment service provider within the first business day following the day on which the funds were received, are deposited on a separate account of a credit institution or invested in safe, liquid assets and at low risk as defined by the competent authorities of the home Member State and are isolated in accordance with national law in the interests of payment service users from payment claims of other creditors of the payment institution, in particular in the event of default; (B) the funds are covered by an insurance policy or some other comparable guarantee obtained by an insurance undertaking or credit institution not belonging to the same group as the payment institution, for an amount equivalent to that which would be has been segregated in the absence of an insurance policy or other comparable guarantee, payable where the payment institution is unable to meet its financial obligations. Article 10 (2) - where a payment institution is required to protect funds within the meaning of paragraph 1 and a percentage of such funds shall be used for future payment transactions and the remaining amount shall be used for services other than services Of payment, the requirements of paragraph 1 shall also apply to that percentage of the funds to be used for future payment transactions. If this percentage is variable or unknown in advance, Member States allow payment institutions to apply this paragraph on a representative percentage assumed to be used for payment services, provided that such representative percentage can reasonably be estimated on the basis of historical data and considered appropriate by the competent authorities.

The new law on the prevention of money laundering (with the exception of criminal law implemented previously) in Europe dates back to 1991 when Directive 91/308 / EEC required the identification. Directive 91/308 / EEC, while imposing an obligation to identify the customer, contained relatively few indications of the procedures to be applied for this purpose. Given the decisive importance of this aspect of the prevention of money laundering and terrorist financing, more specific and detailed provisions should be introduced on identifying and verifying the identity of the client and of the potential holder in accordance with the new international standards . Consequently, a precise definition of "effective holder" is indispensable. In cases where individual beneficiaries of a legal entity such as a foundation or a legal body such as a trust are still to be determined and therefore it is impossible to identify a single person as effective holder, it would be sufficient to identify the category of persons intending as beneficiaries of the foundation or trust. This prescription would not involve identifying individuals within that category of people. The initial context is not very different for other nations, citing, for example, the Fundamental Principles for Effective Banking Supervision, "Principles of Basel." The Basel Committee on Banking Supervision is a banking supervisory committee set up in 1975 by Governors of the central banks of the Group of Ten countries. It consists of senior officials of the banking and central banks of Belgium, Canada, France, Germany, Japan, Italy, Luxembourg, the Netherlands, the United Kingdom, Spain, the United States, Sweden and Switzerland. The Committee usually meets with the Bank for International Settlements in Basel, where its permanent secretariat is based. In addition to the Principles themselves, the Committee has developed more detailed instructions on assessing compliance with the individual Principles in the Fundamental Principles Methodology Paper, published in 1999 and also updated at the latest revision.

APPENDIX. By the EC Directive 93/1999, the European Union has defined the electronic signature and recognition of certification service providers by defining the relevant legislative framework for the Member States, with the aim of simplifying the use of the same electronic signatures and facilitating their legal recognition in all member countries. EC directive 93/1999 is implemented in Italy by decree law No. 10 of 23 January 2002. The European Parliament and the Council of the European Union adopted regulation No. 910 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market repealing directive 1999/93 / EC. The Commission considers it essential to establish trust in online environments for economic and social development and that lack of trust, due to lack of legal certainty, discourages consumers, businesses and public authorities from doing electronic transactions and adopting new services. Regulation No 910/2014 / EU aims to strengthen the confidence in electronic transactions in the internal market (European) by providing a common basis for secure electronic interactions between citizens, businesses and public authorities, the effectiveness of public and private electronic services as well as e-business and e-commerce in the European Union. Directive 1999/93 / EC addressed electronic signatures without providing a cross-border and cross-sectoral framework for secure, reliable and easy-to-use electronic transactions. With directive 2006/123 / EC (Article 6), the European Parliament and the Council provide that Member States shall establish single branches to ensure that all procedures and formalities relating to access to a service activity and to its easily carried out remotely and electronically through the corresponding single window and the competent authorities. Numerous online services accessible at single window require identification, authentication and electronic signature. The European Commission with Regulation 910/2014 intends to eliminate the electronic barrier that prevents service providers from fully enjoying the benefits of the internal market (European), which in many cases prevent citizens from using their electronic identification to authenticate themselves to a Other Member States because the national electronic identification systems of their country are not recognized in other Member States. Having mutually agreed electronic means of identification will facilitate the cross-border supply of many services in the internal market and will allow businesses to operate on a cross-border basis avoiding many obstacles in interaction with public authorities.

EU regulation No 910/2014, Article 1, lays down general provisions to ensure the proper functioning of the internal market whilst at the same time providing an adequate level of security for electronic means of identification and trust services, this regulation: (a) - it lays down the conditions under which Member States recognize the electronic means of electronic identification of natural and legal persons falling within a notified electronic identification system of another Member State, b) establishes rules relating to trust services, in particular for transactions electronic; and - (c) establish a legal framework for electronic signatures, electronic seals, electronic time validations, electronic documents, certified electronic delivery services, and services related to websites authentication certificates. Article 4 defines the principle of the internal market (European): 1 - there is no restriction on the provision of trustee services in the territory of a Member State by a trust service provider established in another Member State for reasons falling within the scope of this regulation. 2 - Trust products and services complying with this regulation shall enjoy free circulation in the internal market EU regulation 910/2014 is implemented in Italy by decree law No. 179 of august 26, 2016, which updates law No 82 of 7 march 2005.

Electronic documents are important for the future evolution of cross-border electronic transactions in the internal market. The purpose of this Regulation is to establish the principle that an electronic document should not be denied legal effects for the reason in its electronic form in order to ensure that an electronic transaction can not be rejected for the sole reason that a document is In electronic form.

The European legislative framework allows Member States to enforce enforcement obligations for the prevention of the phenomenon of money laundering and terrorist financing by obliged subjects even in the absence of a financial services applicant when the documents provided by it They are equipped with digital signature and / or advanced digital signature (digital identity certificate) including identity verification. In Italy Legislative Decree No. 90 of 25 May 2017 in article 2 amending article 19 of law 231-2007 defines the rule that assists the customer's absence as absent as this uses a digital signature issued by a qualified certifier.

ATTACHMENTS: REGULATION (EU) 2015/847 | DIRECTIVE 2007/64/EC | DIRECTIVE (EU) 2015/849 |REGULATION (EU) No 648/2012 | DIRECTIVE 2005/60/EC | DIRECTIVE 2006/70/EC | DIRECTIVE (EU) 2015/2366 | Banking Self-Assessment 07-31-2009, United States | Core Principles for Effective Banking Supervision, United States | Directive 1999/93/EC | REGULATION (EU) No 910/2014 | DIRECTIVE 2006/123/EC | Decreto Legislativo numero 82 del 7 marzo 2005 |