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Law On The Protection Against Counterfeiting (1)

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

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belgiquelex.be - Carrefour Bank of Legislation

12 MAI 2004. - Protection against false money (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Tickets and coins are subject to this Act.
Art. 3. The provisions of this Act shall apply to:
(a) Belgian credit institutions listed under section 13 of the Act of 22 March 1993 relating to the status and control of credit institutions;
(b) credit institutions whose State of origin is another Member State of the European Economic Area and which are authorized to provide investment services in Belgium in accordance with Article 65 or 66 of the same Law;
(c) credit institutions of which the State of origin is a third State and which are authorized to provide investment services in Belgium in accordance with Article 79 of the same Law;
(d) Belgian legal investment companies approved as a stock exchange company under Article 47, § 1er1°, of the Act of 6 April 1995 relating to the status of investment companies and their control, to intermediaries and investment advisers;
(e) investment companies whose state of origin is another Member State of the European Economic Area and which are authorized to provide investment services in Belgium under Article 110 of the same Law;
(f) investment companies whose state of origin is a third State and which are authorized to provide investment services in Belgium under Article 111 of the same Law;
(g) foreign exchange offices listed in Article 7 of the Royal Decree of 27 December 1994 on foreign exchange offices and foreign exchange trade;
(h) The Post;
(i) Article 1 companieser§ 1er, 3°, of the Act of 10 April 1990 on custodial enterprises, security companies and internal care services;
(j) any other institution participating in the manipulation and issuance to the public of tickets and professional documents, of which the King sets the list.
Art. 4. Without prejudice to the application of articles 170 and 178 of the Criminal Code, the establishments referred to in Article 3 are required to give forthwith the notes and documents referred to in Article 2 of which they know or of which they have sufficient reason to think that they are false, to the federal police service ensuring, within the general management of the judicial police, the missions of the national central office referred to in Article 12 of the Geneva Convention of 20 April 1929
For the purpose of the technical analysis, the Federal Police Service referred to in the preceding paragraph transmits the euro notes to the National Analysis Centre (CAN) established within the National Bank of Belgium and the euro coins to the National Parts Analysis Centre established in the Royal Belgian Mint (CNAP).
The King determines the modalities of this surrender.
Art. 5. On the basis of the information provided by the Federal Police Service referred to in Article 4, without prejudice to the secrecy of the instruction, and on the proposal of the National Bank of Belgium or the Royal Belgian Mint, the Minister of Finance may, after hearing the establishment or at least having duly summoned it, impose an administrative fine in case of non-compliance with the timely delivery of the false notes and the false documents in euro.
Art. 6. The fine cannot be less than 250 euros or exceed 25,000 euros.
The fine is recovered, for the benefit of the Treasury, by the administration of the T.V.A., the Recording and the Domains.
Art. 7. All sanctions are communicated by the Minister of Finance to the control authority of the sanctioned institution.
Art. 8. On the proposal of the National Bank of Belgium with respect to euro tickets, or the Royal Bank of Belgium with respect to euro coins, and on the advice of the Banking, Financial and Insurance Commission with regard to the establishments referred to in Article 3, (a) to (g), the King shall determine the measures to be taken by the establishments referred to in Article 3 with a view to the detection of fake tickets and misleading Euro coins.
Art. 9. The National Bank of Belgium and the Banking, Financial and Insurance Commission acting upon request of the Bank may conduct on-site investigations to verify compliance with the provisions of the Royal Decree referred to in Article 8, respectively by the establishments and companies referred to in Article 3, (h) to (j), or, with respect to the Banking, Financial and Insurance Commission, by the establishments and companies referred to in Article 3, (a) to (g), and The Royal Belgian Mint may, if any, be called upon to participate in these investigations.
The Banking, Financial and Insurance Commission is the result of the above-mentioned investigations to the National Bank of Belgium and, where applicable, to the Royal Mint of Belgium, which bear the costs.
Art. 10. On the basis of the information provided by the National Bank of Belgium, the Minister of Finance may, after hearing the decree or at least having duly summoned it, impose an administrative fine in case of non-compliance with the provisions of the royal decree referred to in Article 8.
Art. 11. The provisions set out in sections 6 and 7 also apply for fines referred to in section 10.
Art. 12. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 May 2004.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINKX
Minister of Finance,
D. REYNDERS
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
Note
(1) Parliamentary references:
Documents of the House of Representatives:
51-369-2003/2004.
Number 1: Bill.
Number two: Report.
No. 3: text adopted by the commission (art. 77).
No. 4: Text adopted by the commission (art. 78).
No. 5: Text adopted in plenary and transmitted to the Senate (art. 77).
51-610-2003/2004.
No. 1: Text adopted by the commission (art. 78).
No. 2: Text adopted in plenary and transmitted to the Senate (art. 78).
No. 3: Text amended by the Senate.
No. 4: Text adopted in plenary and subject to Royal Assent.
Full report: 8 January and 18 March 2004.
Documents of the Senate:
3-446-2003/2004.
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Number three: Report.
No. 4: Text amended by the commission.
No. 5: Text amended by the Senate and referred to the House of Representatives.
Annales of the Senate: February 19, 2004.