Law On The Protection Against Counterfeiting (1)

Original Language Title: Loi relative à la protection contre le faux monnayage (1)

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Posted the: 2004-07-05 Numac: 2004003263 SERVICE PUBLIC FÉDÉRAL FINANCES may 12, 2004. -Law on the protection against counterfeiting (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2 are covered by the Act the banknotes and coins in euro.
S. 3. the provisions of this Act shall apply to the following institutions: a) of Belgian credit institutions included in the list referred to in article 13 of the law of 22 March 1993 on the status and control of credit institutions;
b) credit institutions which the State of origin is another State member of the European economic area and which are allowed to provide investment in Belgium in accordance with article 65 or 66 of the same Act;
c) credit institutions which the State of origin is a State third and who are authorized to provide investment services in Belgium in accordance with article 79 of the Act.
d) investment of Belgian law firms approved as a stockbroking company, under article 47, § 1, 1 °, of the Act of 6 April 1995 on the status of investment firms and their control, investment advisors and intermediaries;
e) investment firms which the State of origin is another State member of the European economic area and which are authorized to provide investment services in Belgium under section 110 of the Act;
f) investment firms which the State of origin is a third State and who are authorized to provide investment services in Belgium under article 111 of the same Act;
g) exchange offices on the list referred to in article 7 of the royal decree of 27 December 1994 on bureaux de change and trade in currencies;
(h) post);
i) the undertakings referred to in article 1, § 1, 3 °, of the law of 10 April 1990 on business of guarding, security firms and internal caretaking services;
j) any other institution involved in the handling and the issuance to the public of banknotes and the pieces professionally, which the King establishes the list.
S.
4. without prejudice to the application of sections 170 and 178 of the penal Code, the establishments referred to in article 3 are required to submit without delay the banknotes and coins referred to in article 2 which they know or have sufficient reason to believe that they are wrong, to the service of the federal police, Directorate-General of the judicial police the tasks of the national central office referred to in article 12 of the Geneva Convention of 20 April 1929 for the Suppression of counterfeiting currency, and responsible for the collection and analysis of data relating to counterfeiting.
For the purposes of technical analysis, federal police service referred to in the preceding paragraph passes the euro banknotes to the national analysis Centre (CAN) established within the National Bank of Belgium and euro coins at the national Centre of analysis of parts established within the Royal Mint of Belgium (CNAP).
The King determines the terms and conditions of this discount.
S. 5. on the basis of the information provided by the federal police Department referred to in article 4, without prejudice to the secret of education, and on the proposal of the National Bank of Belgium and the Royal Mint of Belgium Finance Minister may, after hearing the establishment or at least having duly summoned him, impose an administrative fine for non-compliance of delivery without delay of counterfeit notes and counterfeit euro coins.
S. 6. the amount of the fine cannot be less than 250 euros nor exceed EUR 25,000.
The fine shall be collected for the benefit of the Treasury, by the administration of the VAT, registration and domains.
S. 7. all sanctions are communicated by the Minister of finance to the supervisory authority of the sanctioned institution.
S. 8. on a proposal from the National Bank of Belgium in relation to the ticket in euro, the Royal Mint of Belgium with regard to the euro, and on the advice of the Banking Commission parts, financial and insurance as regards the establishments referred to in article 3 has) to g), the King shall determine the measures to be taken by the establishments referred to in article 3 for the detection of counterfeits and counterfeit euro coins.
S. 9. the National Bank of Belgium and the Commission banking, finance and insurance acting on request of the Bank may conduct investigations on the spot to verify compliance with the provisions of the royal decree referred to in article 8, respectively by institutions and companies referred to in article 3, h) to (j)), or, with respect to the Banking Commission ((, finance and insurance, by institutions and companies referred to in article 3) to g), and be aware of any document, accountant, or other, in possession of these institutions and companies. The Royal Mint of Belgium may, where appropriate, be called to participate in these investigations.
The banking, finance and Insurance Commission is the outcome of the above-mentioned investigations to the knowledge of the National Bank of Belgium and, as appropriate, to the Royal Mint of Belgium, supporting the costs.
S. 10. on the basis of information communicated by the National Bank of Belgium, the Minister of finance may, after hearing the concept hotel or at least having duly summoned him, impose an administrative fine for breaches of the provisions of the royal decree referred to in article 8.
S.
11. the provisions laid down in articles 6 and 7 apply also to the fines referred to in article 10.
S. 12. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.

Given to Brussels, may 12, 2004.
ALBERT by the King: the Minister of Justice, Ms. L. ONKELINKX. the Minister of finance, D. REYNDERS sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX Note (1) Parliamentary References: records of the House of representatives: 51-369-2003/2004.
No. 1: Bill.
No. 2: report.
No. 3: texts adopted by the Committee (art. 77).
No. 4: Text adopted by the commission (art. 78).
No. 5: Text adopted in plenary meeting and transmitted to the Senate (art. 77).
51 610-2003/2004.
No. 1: The text adopted by the Committee (art. 78).
No. 2: Text adopted in plenary meeting and transmitted to the Senate (art. 78).
No. 3: The text amended by the Senate.
No. 4: Text adopted in plenary meeting and submitted to Royal assent.
Full record: 8 January and 18 March 2004.
The Senate documents: 3-446-2003/2004.
No. 1: Draft referred by the Senate.
No. 2: amendments.
No. 3: report.
No. 4: The text amended by the commission.
No. 5: The text amended by the Senate and returned to the House of representatives.
Annals of the Senate: February 19, 2004.