The Brussels region experienced a high level of alcohol-related crime. 1.3 Is there extraterritorial jurisdiction for the crime of money laundering? This part of the code (articles 8–136quater) governs the powers and duties of police officers, prosecutors and investigative judges, and lays down the manner in which criminal investigations and pre-trial proceedings ought to be conducted. It is the Brussels Court of Appeal that is competent for appeals against the sanctions imposed by the NBB and the FSMA. Should such information also be included in payment instructions to other financial institutions? For example, they essentially ensure that their members respect their obligations of customer due diligence and that they report any suspicious transactions. [1], The Code of Criminal Procedure was adopted when Belgium did not exist yet as a sovereign state; at the time it was still part of the First French Empire.
and unlock access to three FREE PDF downloads per month The 18 September Act 2017 is available in French or Dutch at (Hyperlink). This analysis must be recorded in a written report (article 45). There are many things you can to do to ensure you are not a victim of crime. For example, if they do not comply with the obligations set out in the 18 September 2017 Act, legal entities can be fined with a maximum penalty of 10% of the net annual turnover of the previous financial year and natural persons with a maximum penalty of €5,000,000 (article 132). There are 27 judicial districts each with a tribunal of first instance for civil and criminal matters, a tribunal of commerce for major business disputes and a labour tribunal for industrial disputes. Development of internal policies, controls and procedures (articles 8 to 15). Article 505, 1 st indent, 2°, of the Belgian Criminal Code (hereafter, the “BCC”), incriminates the acts of buying, receiving, exchanging, possessing, keeping or managing assets derived from a predicate offence, but only if the agent knew or ought to have known, at the outset of each operation, that the assets derived from an illicit origin.
Analysis of atypical transactions and reporting obligations (articles 45 to 65).
Which cookies and scripts are used and how they impact your visit is specified on the left. Francoise Lefèvre Directive 2018/1673 is available in English at (Hyperlink). In other terms, the obliged entities’ subsidiaries and branches must apply all the obligations set out by the 18 September 2017 Act, even if they are located in another EEE Member State or in a third country (article 13). Are records of the fact and terms of such settlements public? No. The most common crimes that occur in Belgium are petty thefts and purse snatching and pickpocketing is not a rare thing, especially in the bigger cities.
make public the offences committed by the obliged entity; impose a daily maximum penalty of €50,000; compel the obliged entity to replace its Board of Directors; suspend or prohibit all or part of the obliged entity’s activities; and. Please provide the details of such anti-money laundering requirements. Belgian laws can differ from those in your home country, so it is essential that you know what is legal and illegal. 1.7 What is the statute of limitations for money laundering crimes? This code governs the manner of conducting criminal investigations and prosecutions, as well as the jurisdiction and procedure of the criminal courts and tribunals of Belgium. Pursuant to article 514 of the Belgian Company Code, any person who acquires or sells securities that confer voting rights in a public limited liability company, whose shares are admitted in whole or in part to trading on a regulated market, must declare such acquisition or disposal.
The local authorities will guide you through the criminal justice process and, if needed, help you to find a lawyer. The obliged entities must keep a copy of all the documents and evidence necessary to identify their clients for a period of 10 years, which starts from the date of the end of the business relationship with the said client. Log in, Juan Rodriguez - Sullivan & Cromwell LLP, London, and unlock access to three FREE PDF downloads per month. a) Are all resolutions of penalty actions by competent authorities public? 1.8 Is enforcement only at national level? 3.4 What are the requirements for recordkeeping or reporting large currency transactions? The obliged entities are compelled to implement a compliance programme at the level of the “group”, which is a compliance programme also applied at the level of the entity’s subsidiaries and branches irrespective of their location. In Belgium you are also required to carry official identification, such as a passport, at all times. Anti-money laundering requirements do not yet exist in Belgium for the cryptocurrency industry. The Belgian government are correct when they insist that “prevention is better than cure” and their advice can help stop thefts and break-ins. 2.3 Are self-regulatory organisations or professional associations responsible for anti-money laundering compliance and enforcement against their members?
The Guide to Law Online Belgium contains a selection of Belgian legal; juridical; and governmental sources accessible through the Internet. 3.8 Are financial institution accounts for foreign shell banks (banks with no physical presence in the countries where they are licensed and no effective supervision) prohibited?
Belgium Criminal Code of the Kingdom of Belgium (1867, as of 2018) (French version) Criminal Procedure Code of the Kingdom of Belgium (1808, amended 2019) (French version) All the obliged entities listed in the table under question 2.1 and their branches which are established in Belgium (hereinafter, the “obliged entities”) are subject to the 18 September 2017 Act. The activities exposed to a high risk of money laundering included the diamond trade, in which Antwerp is a world-leading centre, and sectors in which cash circulates, such as the trade in used cars and gold, as well as the money transfer services. The different parts of the code were passed by the French Parliament, and subsequently promulgated by Napoleon as the Emperor of the French at the end of 1808. 4.4 Please provide information for how to obtain relevant anti-money laundering laws, regulations, administrative decrees and guidance from the Internet.
You obtained your law degree but now you need focusing in one area of expertise. In its follow-up report of September 2018, the FATF noted that Belgium had made significant progress, which led the FATF to re-rate Belgium positively on 15 recommendations. Confiscation is mandatory for all the assets on which one of the prohibited acts referred to in article 505, 1st indent, 2° to 4°, BCC, has been carried out, as well as on the proceeds derived from them, even if they do not belong to the convicted person. This part of the code (articles 525–552) governs the causes and procedures for settling jurisdictional conflicts, and for removing cases from one court or tribunal and referring them to another. The Code of Criminal Procedure governs the powers and duties of judicial police attributed to certain public and judicial officers, the manner in which to condu…
The emergency number in Belgium is 101 for police (Police Fédérale / Federale politie) support. Linklaters, Rinaldo Saporito Money laundering is an offence prosecuted by the office of the public prosecutor or by an investigating judge and tried before the Belgian criminal courts. Thieves often work together and a common scam is for one thief to ask for directions while their accomplice steals your luggage. As of 2018, the territory of Belgium is subdivided into 5 judicial areas (Antwerp, Brussels, Ghent, Liège and Mons), 12 judicial arrondissements and 187 judicial cantons for the purpose of organising the judicial system. You may change your settings at any time. Notably this fell proportionately higher on the poorer sections of society.
These settlements are not public. When travelling on public transport be mindful that thieves often loiter in transportation hubs, such as the Metro and train stations, to prey on travellers in unfamiliar surroundings. This obligation to report does not entail an obligation for the obliged entities to identify the predicate offence. Anti-money laundering requirements are only imposed on obliged entities, which were defined in question 2.1. It aims at enhancing the use of financial information by giving law enforcement authorities direct access to information about the identity of bank account holders contained in national centralised registries. 3.7 Describe the customer identification and due diligence requirements for financial institutions and other businesses subject to the anti-money laundering requirements. The fact that the predicate offence can no longer be prosecuted because the limitation period has expired is not an obstacle for the Belgian authorities to prosecute money-laundering behaviours on the funds derived from the time-barred offence. It also provides them with the possibility to access certain information from FIUs – including data on financial transactions – and also improves the information exchange between FIUs as well as their access to law enforcement information necessary for the performance of their tasks. Which types of financial institutions are subject to the prohibition? In the event the obliged entity does not comply with such injunction, the competent authority can: 2.2 Are there any anti-money laundering requirements imposed by self-regulatory organisations or professional associations? The money transfer sector is particularly vulnerable to these threats. Given its philosophy grounded in European law, its highly skilled teachers and its openness to the study and practice of various types of law - and of course, its proximity to Brussels - the Leuven LL.M. Belgium is, however, still expected to make progress on seven FATF recommendations. Yes, some self-regulatory organisations such as the Bar, the Chamber of Notaries or the Chamber of Bailiffs (see question 2.1 above) are responsible for anti-money laundering compliance and enforcement against their members. If your passport has been stolen report to the local police immediately and fill in a police report, explaining how and where it happened. This site uses functional cookies and external scripts to improve your experience.
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