The National Agency for Fiscal Administration announced that starting with January 11, 2021, the Central Electronic Register for bank accounts and payment accounts identified by IBAN has become operational.
The provisions of Directive (EU) 2018/843 of the European Parliament and of the Council amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, have been transposed into national law by Government Emergency Ordinance. no.111 / 2020, published in the Official Gazette no.620, Part I of July 15, 2020, normative act that brings a series of legislative amendments in this regard.
Thus, by the normative act mentioned above, art.61 of Law no.207 / 2015 on the Fiscal Procedure Code was amended, with subsequent amendments and completions, in the sense of extending the scope of the institutions obliged to transmit a series of data and information, by including electronic money institutions and payment institutions, as well as the establishment of communication obligations including the identification data of the beneficial owner of the account holder by the reporting institutions.
In order to identify in a timely manner all natural or legal persons holding or controlling payment accounts and bank accounts identified by the IBAN as defined in Regulation (EU) No 260/2012 of the European Parliament and of the Council, as well as cassettes of securities held by a credit institution on the territory of Romania, was regulated the establishment of the Central Electronic Register for payment accounts and bank accounts, by introducing art.61 ^ 1 in the Fiscal Procedure Code, amendment introduced by Emergency Ordinance no.111 / 2020.
Access to the register is ensured directly and without delay both for the National Office for Prevention and Combating Money Laundering, and for the national competent authorities in fulfilling their obligations, in the activity of combating the misuse of corporate entities and other entities. and legal constructions for the purpose of money laundering or terrorist financing by providing support to investigations, as well as for third country authorities involved in combating money laundering or terrorist financing offenses.
The procedure regarding the organization and functioning of the Electronic Central Register for bank accounts and payment accounts identified by IBAN was regulated by the Order of the President of the National Tax Authorities (ANAF) no.3746 / 2020, published in the Official Gazette no.1015 / 2020, according to which it will contain the following information:- datele de identificare ale contului și ale clientului titular;
– the identification data of the persons who have the right to sign for the accounts opened or claim to act on behalf of the client;
– the identification data of the real beneficiary of the client account holder;
– identification data of the concessionaire of the securities box.
The National Agency for Fiscal Administration had access to bank accounts prior to the transposition of the above-mentioned European Directive, according to Law no. 207/2015 on the Fiscal Procedure Code, as subsequently amended and supplemented.