in force 2021-04-09 MODIFIED+1,050 −25§
Amended by Regulation (EU) 2021/557 32021R0557
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2015-05-20, 2021-04-09
Point (a) previously referred to a third country being listed as high-risk and non-cooperative by the FATF, but now instead refers to a third country being listed as high-risk with strategic deficiencies in its anti-money laundering and counter-terrorist financing regime under Article 9 of Directive (EU) 2015/849.
A new point (aa) has been added covering a third country listed in Annex I of the EU list of non-cooperative jurisdictions for tax purposes.
A new final paragraph has also been added requiring an investor in an SSPE established after 9 April 2021 in a jurisdiction listed in Annex II for operating a harmful tax regime to notify the investment to the competent tax authorities of the Member State where the investor is resident for tax purposes.
Cited: Art. 4, v1 · Art. 4, v2
text before / after
32017R2402 → 02017R2402-20210409
Article 4
Requirements for SSPEs
SSPEs shall not be established in a third country to which any of the following applies:
(a) the third country is listed as a high-risk third country that has strategic deficiencies in its regime on anti-money laundering and counter terrorist financing, in accordance with Article 9 of Directive (EU) 2015/849 of the European Parliament and of the CouncilDirective (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending 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 (OJ L 141, 5.6.2015, p. 73).;
(aa) the third country is listed in Annex I of the EU list of non-cooperative jurisdiction by the FATF; jurisdictions for tax purposes;
(b) the third country has not signed an agreement with a Member State to ensure that that third country fully complies with the standards provided for in Article 26 of the Organisation for Economic Cooperation and Development (OECD) Model Tax Convention on Income and on Capital or in the OECD Model Agreement on the Exchange of Information on Tax Matters, and ensures an effective exchange of information on tax matters, including any multilateral tax agreements.For an SSPE established, after 9 April 2021, in a jurisdiction mentioned in Annex II for the reason of operating a harmful tax regime, the investor shall notify the investment in securities issued by that SSPE to the competent tax authorities of the Member State in which the investor is resident for tax purposes.