No. 34: The Fourth European Anti-Money Laundering Directive: A Critical Review of the Interaction Between the Risk Based Approach, Customer Due Diligence and Beneficial Ownership

Details

Author(s):
  • Wouter ter Bogt
Publish Date:
September 13, 2018
Publication Title:
European Union Law Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Wouter ter Bogt, The Fourth European Anti-Money Laundering Directive: A Critical Review of the Interaction Between the Risk Based Approach, Customer Due Diligence and Beneficial Ownership, EU Law Working Papers No. 34, Stanford-Vienna Transatlantic Technology Law Forum (2018).
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Abstract

This paper focuses on the widespread problem of money laundering which is seen as a prominent threat to the European and global economy. Since the creation of the European Union, the Member States, in cooperation with the European Commission, have taken measures to fight money laundering in the EU. Over the years, the EU presented itself as a fervent opponent of money laundering by implementing several anti-money laundering directives and taking measures to counter the financing of terrorism. The latter is an important current issue in the EU, as exemplified by the,latest terrorist attacks in Paris, London, and Brussels. The implementation of new,directives with an emphasis on the prevention of money laundering and terrorist,financing became one of the priorities of the EU. In June 2015, the European Union,finalized a highly ambitious project by voting on the Fourth Anti-Money Laundering,Directive. This new directive seems to be necessary, but it is also subject to criticism,by academics and others for being insufficient in many regards. This thesis will,investigate the relevance and importance of former Anti-Money Laundering,Directives, and will especially focus on the ratione legis behind the Fourth Anti-Money Laundering Directive. More precisely, it will clarify the new features of this directive and their interaction with each other. Moreover, possible deficiencies will be critically analyzed before a conclusion is provided on the adequacy of the new directive.