PanamaTimes

Friday, Apr 26, 2024

Beneficial Owner Not Found: Are EU Public Registers in Place and Really Public?

Beneficial Owner Not Found: Are EU Public Registers in Place and Really Public?

Delays in establishing public registers and accessibility barriers undermine EU’s progress in ending kleptocratic abuse of anonymous companies.

That anonymous shell companies are the vehicle of choice for the corrupt and criminals is no longer a secret. New cases of cross-border corruption and money laundering are reported almost on a weekly basis, where perpetrators often hide behind secretive corporate structures.

The European Union has been lauded for its progress in curbing the abuse of anonymous companies, and rightly so. The bloc was among the first to take serious steps aimed at improving beneficial ownership transparency.

Most notably, in 2015, the 4th EU Anti-Money Laundering Directive (AMLD) required countries to establish beneficial ownership registers. In 2018, in response to scandals such as the Panama Papers and Paradise Papers, the EU approved the 5th EU AMLD, which contained further measures for enhancing the ability of competent authorities – both inside and outside the EU – to detect and investigate money laundering and financial crime.

The 5th EU AMLD, however, does more than that. Recognising that transparency can be a powerful deterrent, it also sets measures for preventing money laundering and financial crimes. What is more, acknowledging the importance of public scrutiny of company and beneficial ownership data to preserving trust in the integrity of business transactions and of the financial system, it requires countries to open up their beneficial ownership registers to all members of the public.

Who complied, and who didn’t?


Three years after the directive’s adoption and more than a year after the deadline for transposing key measures at the national level, Transparency International has taken stock of whether countries across the EU have implemented measures to improve transparency in company ownership.

The great majority of countries across the Union – 24 out of 27 – have at least a private central beneficial ownership information register in place. The only three countries that have not yet established any type of beneficial ownership registers are Hungary, Italy and Lithuania.

Non-compliance with EU rules becomes much greater, however, if we look at whether EU countries have established public beneficial ownership registers. Six countries – Cyprus, Czech Republic, Finland, Greece, Romania and Spain – have failed to comply with the deadline and have not yet opened up their registers to the public. In most of these countries, access to the data can still be granted to the media or civil society, if they prove they have a legitimate interest.

Beneficial ownership registers across the EU

Accessible – but not really


Despite EU provisions that stress the importance of granting access to beneficial ownership information to both domestic and foreign competent authorities, as well as members of the public, what we find is that access may be restricted – even in countries that have public central registers in place.

Several countries have set up complex registration systems that often require a digital identification document – from that country or another EU country on its list of countries with an approved electronic identification system. In reality, these registration requirements are creating geographic access restrictions, in clear breach of EU rules, limiting the ability of foreign authorities as well as the public to seek and receive information on real company ownership.

For example, in Belgium, access to the register is limited only to Belgian citizens or foreign citizens who possess a Belgian tax identification number.

Access to the information can be restricted by the functionalities of the register and how information can be searched.

Other restrictions include, for example, requiring the exact spelling of the name of the company as entered in the register like in Sweden, the company’s tax identification number in Poland or the beneficial owner’s personal identification number in Malta, Poland and also in Sweden. In Bulgaria, it is possible to search by company and beneficial owner by only in Cyrilic.

Only in Denmark and Latvia the information in the register is available as structured data and in a machine-readable format, allowing the public to download the whole dataset.

No more delays & restrictions


All in all, more than a year after the EU AMLD transposition deadline, nine EU countries still do not have public beneficial ownership registers in place. Others impose geographic access restrictions, in clear breach of EU rules. Most EU countries have introduced barriers such as paywalls and which, although legal, restricts access and usability of the data.

It is imperative that governments of Cyprus, the Czech Republic, Finland, Greece, Hungary, Italy, Lithuania, Romania and Spain fully implement the 5th EU AMLD and establish public beneficial ownership registers without any further delay.

Next, all EU member states should ensure that the spirit of the EU directive has been respected. The first step to ensure the quality of the register is to collect and make available all key information to identify a beneficial owner and understand their relationship with the legal entity. This information should then be easily accessible. The easier it is for users to search on the register, analyse connections and cross-check the data with other relevant information, the more likely it is that authorities and other actors can identify red flags and potential wrongdoing.

The European Commission itself has a significant opportunity to address these glaring shortcomings in the member states’ transposition of the directive. As part of the forthcoming anti-money laundering rulebook, the Commission should propose a set of guidelines to improve the availability of beneficial ownership data as well as to facilitate the interconnectivity of registers across the EU.

Unless these issues are addressed across the board, authorities and independent actors in the EU and beyond will continue facing difficulties in identifying the real individuals behind the companies that are used and abused to commit financial crimes – which means there’s no stopping the flows of dirty money in the EU.

Newsletter

Related Articles

PanamaTimes
0:00
0:00
Close
Apple warns against drying iPhones with rice
In a recent High Court hearing, the U.S. argued that Julian Assange endangered lives by releasing classified information.
Global Law Enforcement Dismantles Lockbit Ransomware Operation
Russian opposition leader Alexey Navalny has died at the Arctic prison colony
The President of Argentina Javier Mile does not fly private, he flies commercial, with the citizens he represents. And they LOVE him for it.
Bitcoin Reaches $50,000 for First Time in Over Two Years
Belo Horizonte: Brazil's Rising Carnival Hotspot for 2024
In El Salvador, the 'Trump of Latin America' stuns the world with a speech slamming woke policing after winning a landslide election
Tucker’s interview with Putin is over 50M views on X within the first 5 hours.
Finnish Airline, Finnair, is voluntarily weighing passengers to better estimate flight cargo weight
President Nayib Bukele has proudly announced El Salvador's remarkable achievement of becoming the safest nation in the Western Hemisphere.
Former Chilean President Sebastian Piñera Dies in Helicopter Crash
This farmer seems to understand science a bit more than the event organizer, Klaus Schwab.
Facebook turns 20: From Mark Zuckerberg's dormitory to a $1trn company
The Coolest Dictator in the World" on the Path to Victory in El Salvador
Macron, France and fake news
Indian-Origin Man 'King' Arrested For Smuggling $16 Million Drugs Into US
Can someone teach Americans that not every person with slanted eyes is Chinese?
Europe's Farmers Feeding the People, Protesting Against Politicians Who Do Nothing for Their Country and Serve Only Themselves at Taxpayers' Expense
Paris Restaurant That Inspired 'Ratatouille' Loses $1.6 Million Worth Of Wine
Brazilian Police Investigate Bolsonaro's Son for Alleged Illegal Spying
Police in Brazil Raid Residence of Bolsonaro Associate Over Allegations of Illegal Spying
Border Dispute Escalates as Texas Governor Vows Increased Razor Wire
OpenAI Enhances ChatGPT-4 Model, Potentially Addressing AI "Laziness" Issue
The NSA finally acknowledges spying on Americans by acquiring sensitive data
Report Reveals Toxic Telegram Group Generating X-Rated AI-Generated Fake Images of Taylor Swift
US Border Patrol States 'No Plans' to Remove Razor Wire Installed in Texas
Bitcoin Experiences Approximately 20% Decline in Value
Klaus Schwab recently appointed himself as the Earth's "trustee of the future."
DeSantis Drops Out, Endorses Trump.
Nikki Haley said former President Trump is "just not at the same level" of mental fitness as he was while president in 2016.
Residents of a southern Mexican town set the government palace on fire in response to the police killing of a young man
Samsung Launches AI-Driven Galaxy S24, Ushering in New Smartphone Era
Judge Questions SEC's Regulatory Overreach in Coinbase Lawsuit
The Ecuador prosecutor who was investigating the television studio attack, has been assassinated.
Is artificial intelligence the solution to cyber security threats?
Vivek Ramaswamy suspends his US election campaign and endorses Trump.
Viral Satire: A Staged Satirical Clip Mistaken as Real Footage from the 2024 World Economic Forum in Davos
The AI Revolution in the Workforce: CEOs at Davos Predict Major Job Cuts in 2024
Ecuador Reports 178 Hostages in Prison Gang Standoff
The Startling Cuban Espionage Case That Has Rattled the US Government
Two Armed Men in Ecuador, Dressed as Batman and The Joker Storm the Streets.
Armed Gang Raids Ecuadorian TV Station Following State of Emergency Declaration
Anti-Democratic Canada: Journalist Arrested for Questioning Canadian Finance Minister on Support of Terrorist Group
Ecuador's 'Most-Wanted' Criminal Vanishes from Prison
Mexican Cartel Supplied Wi-Fi to Locals Under Threat of Fatal Consequences for Non-Compliance
Border Surge Leads to Over 11,000 Migrants Waiting in Northern Mexico
Outsider Candidates Triumph in Latin American Elections
As Argentina Goes to the Polls, Will the Proposal to Replace the Peso with the Dollar Secure Votes?
Fatal Shark Attack Claims Life of Boston Woman Paddleboarding Near Bahamas Resort, According to Police
×