Act To Amend Act Of 11 January 1993 On The Prevention Of The Use Of The Financial System For The Purpose Of Money Laundering, The Law Of 22 March 1993 On Status And Control Of Credit Institutions And The Law Of 6 April 1995 Re

Original Language Title: Loi modifiant la loi du 11 janvier 1993 relative à la prévention de l'utilisation du système financier aux fins du blanchiment de capitaux, la loi du 22 mars 1993 relative au statut et au contrôle des établissements de crédit, et la loi du 6 avril 1995 re

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Posted the: 2004-01-23 Numac: 2004003033 FEDERAL PUBLIC SERVICE JUSTICE and SERVICE PUBLIC FÉDÉRAL FINANCES January 12, 2004. -Law amending the law of 11 January 1993 on the prevention of the use of the financial system for the purpose of money laundering, the law of 22 March 1993 on the legal status and control of credit institutions and the law of 6 April 1995 on the status of the investment firms and their control, financial intermediaries and ALBERT II investment advisors , King of the Belgians, to all, present and to come, hi.
Article 1.
This Act regulates a matter referred to in article 78 of the Constitution and is intended to transpose directive 2001/97/EC of the European Parliament and of the Council of 4 December 2001 amending Council directive 91/308/EEC on prevention of the use of the financial system for the purpose of money laundering.
S.
2. the title of the Act of 11 January 1993 on the prevention of the use of the financial system for the purpose of money laundering is replaced by the following: "Law of 11 January 1993 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism."
S. 3 in article 2 of the Act of 11 January 1993 on the prevention of the use of the financial system for the purpose of money laundering, replaced by the royal decree of 22 April 1994 and amended by the decrees of 24 March 1995 and on 28 December 1999 and by the law of August 10, 1998, the following changes are made : 1 ° 1st paragraph, 17 °, the words "in article 3, 1 °, of the order', shall be replaced by the words" article 3 of the same order ";
2 ° 1st paragraph, 18 °, is replaced by the following text: "18 ° guarding undertakings authorized pursuant to article 1, § 1, 3 °, and article 2 of the law of 10 April 1990 on security companies, security firms and internal caretaking services, to provide surveillance and protection of transportation of values ';
3 ° 1st paragraph is supplemented as follows: ' 20 ° market undertakings of Belgian regulated markets, except in relation to their missions of a public nature;
21 ° diamond traders registered under article 169, paragraph 3, of the programme act of 2 August 2002;
22 ° insurance intermediaries covered by the law of 27 March 1995 on insurance mediation and distribution of insurance, who perform their professional activities, apart from any contract of exclusive agency, in the Group of activities 'life' referred by the law of 9 July 1975 on the supervision of insurance companies. ».
S. 4 article 2B, worded as follows, shall be inserted in the Act: «art.» 2ter. - insofar as they provide expressly, the provisions of this Act are also applicable to lawyers: 1 ° when they assist their client in the preparation or the implementation of transactions: a) the purchase or sale of real estate or commercial enterprises;
(b) the management of funds, securities or other assets belonging to the client;
(c) opening or management of bank accounts or savings or portfolios;
(d) the Organization of the necessary contributions to the constitution, management or the management of companies);
e) the constitution, management or management of trusts, companies or similar structures;
2 ° or when they act on behalf of their client and account in any financial or real estate transaction. ».
S. 5A article 3 of the same Act, as amended by the Act of 7 April 1995, the following changes are made: 1 ° a § 1bis is inserted, worded as follows: "§ 1bis.» For the purposes of the application of this Act, the financing of terrorism means within the meaning of article 2, § 2, b), the framework decision of the Council of the European Union of 13 June 2002 on combating terrorism, and article 2 of the International Convention for the Suppression of the financing of terrorism, done at New York on 9 December 1999. »;
2 ° in § 2, 1 °, the following changes are made: a) in the first indent, the words ' terrorism' are replaced by the words "to terrorism or the financing of terrorism";
(b) the eighth indent, the words "to the illegal use of substances having a hormonal action, antiormonale effect, beta-adrenergic effect or stimulatory effect of production or illegal trade in such substances animals" are replaced by the words "to the illegal use, animals, of substances having a hormonal action or illegal trade in such substances";
(c) in the tenth indent, the words 'of the European Union' are replaced by the words ' European Communities ';
(d) in the twelfth indent, the words "to corruption of public officials' are replaced by the words ' diversion by persons exercising a public function" and corruption
(e) the 1 ° is supplemented by the following indents: '-serious environmental crime;
-to counterfeiting currency or bank notes.
-to the counterfeiting of goods;
-to piracy. »;
3 ° to §2, 2 °, the words "or an irregular public call for savings" are replaced by the words ", an irregular public appeal to the savings or the provision of investment services, trade currencies or transfer of funds without approval."
4 ° to § 2, 3 °, the words "of a financial scam" are replaced by the words "a scam, abuse of confidence, abuse of social goods" and "fraudulent bankruptcy" shall be replaced by the words "offence related to the State of bankruptcy."
5 ° to § 3, the following changes are made: a) the words 'in article 2"are replaced by the words" articles 2, 2A and 2B. "
(b) the words "of money-laundering" are replaced by the words 'of laundering of capital and financing of terrorism.
S. 6. in the title of chapter II of the Act, the words "articles 2 and 2 bis ' are replaced by the words" articles 2, 2A and 2B.
S. 7. article 4 of the Act, as amended by the law of August 10, 1998, is replaced by the following provision: Article 4. -§ 1. Organizations and persons referred to in articles 2, 2 bis, 1 ° to 4 °, and 2B must identify their customers and agents thereof and verifies their identity by means of a compelling document, which is taken copy, on support paper or electronic, when: 1 ° they formed a business relationship that will make them regular customers;
2 ° the client wants to achieve: a) a transaction that reaches or exceeds 10,000 EUR, that it is conducted in a single or in several operations which appear to be a link;
or (b) an operation, even if the amount is less than 10,000 EUR, whenever there is suspicion of money laundering of capital and financing of terrorism; or (c) a transfer of funds referred to in article 139bis of Act of 6 April 1995 on the status of companies and their control, investment advisors and intermediaries;
3 ° they have doubts about the veracity or accuracy of identification about an existing customer data.
Identification and verification are on the name, surname and the address for individuals. Notwithstanding article 5, § 1, as corporations and trusts they carry on the name, headquarters, the administrators and the knowledge of the provisions regulating the power to bind the legal person or the trust. The identification also focuses on the object and the nature envisaged in the business relationship.
§ 2. Organizations and persons referred to in articles 2, 2 bis, 1 ° to 4 °, and 2B must exercise constant vigilance on the business relationship and ensure a careful review transactions to ensure that they are consistent with the knowledge they have of their client, its business, its risk profile and, when necessary , the origin of the funds.
§ 3. When agencies and persons referred to in articles 2, 2A, 1 ° to 4 °, and 2b cannot perform their duty of vigilance referred to the § § 1 and 2, may not establish or maintain a business relationship. They determine if there is place to inform the cell's treatment of financial information, in accordance with articles 12 to 14ter.
§ 4. Organizations and persons referred to in article 2, with the exception of the 17 °, 18 ° and 21 ° are permitted to perform duties of care referred to in §§ 1 and 2 by a third introducer of business, provided that it is also a credit institution or a financial institution referred to in article 1 of directive 91/308/EEC or a credit institution or a financial institution established in a State whose legislation imposes duties of vigilance equivalent to those provided for in articles 4 and 5. Are presumed to satisfy this requirement the Member States of the Group of financial action on money laundering. The King may extend this presumption to other States, on the advice of the financial information processing unit.
§ 5. The bodies referred to in article 2, whose activity covers the transfer of funds within the meaning of article 139bis of the law of 6 April 1995 on the status of the investment firms and their control, intermediaries and investment advisers, are required to incorporate into the transfers, and transfers of funds as well as messages related to

accurate and useful information relating to their donor reviews of sequence of these operations. These same organizations retain all this information and transmit when they are involved as an intermediary in a chain of payments.
§ 6. Detailed rules for the application of the above obligations shall be specified by the authorities referred to in article 21 and, where appropriate, by means of regulations in accordance with article 21bis, on the basis of the risk posed by the client, the business relationship or the operation. With regard to § 5, this includes the conditions under which the information must be kept or made available to authorities or other financial institutions, the regulations that may include specific provisions for cross-border transfers sent in batches. ».
S. 8. article 5 of the Act, as amended by the law of August 10, 1998, is replaced by the following provision: "Article 5. -§ 1. Organizations and persons referred to in articles 2, 2 bis, 1 ° to 4 °, and 2B must identify and take all reasonable measures to verify the identity of the person or persons for which or which is done: 1 ° in case of doubt on the question of if the customers referred to in article 4 acting for their own account or in the event of certainty that they act not for their own account;
2 ° when the client is a corporation or a trust.
When the client is a corporation or a trust, measures include identification of the natural person who ultimately, possess or control the client.
When the client or a holder of a controlling stake is a publicly traded company, it is not necessary to identify its shareholders, or to verify their identity.
§ 2. Detailed rules for the application of the above obligations shall be specified by the authorities referred to in article 21 and, where applicable, by regulation under article 21bis, depending on the risk that the customer, business relationship or transaction represent. ».
S. 9 article 5bis of the Act, inserted by article 7 of the law of August 10, 1998, the words "whose copy is taken" are replaced by the words "on paper or electronic copy is taken".
S. 10A article 6 of the Act, as amended by the law of August 10, 1998, the following changes are made: A. 1 paragraph, the following changes are made: 1 ° 'organizations and persons referred to in article 2' shall be replaced by the words "organizations and persons referred to in articles 2, 2A, 1 ° to 4 °, and 2B" and the words "a body or a person referred to in article 2" are replaced by the words "one". "body or a person referred to in article 2, with the exception of the 17 °, 18 ° and 21 ° ';
2 ° paragraph is supplemented by the words "or a credit institution or a financial institution established in a State whose legislation imposes requirements equivalent to those laid down in directive 91/308/EEC. Are presumed to satisfy this requirement the Member States of the Group of financial action on money laundering. The King may extend this presumption to other States, on the advice of the financial information processing unit. ».
B. paragraph 2, the words 'referred to in article 2, 4 ° insurance undertakings' shall be replaced by the words 'referred to in article 2, 4 ° insurance firms, and insurance intermediaries referred to in article 2, 22 °'.
S. 11 article 6bis, worded as follows, shall be inserted in the Act: «art.» 6bis. - the organizations and persons referred to in articles 2, 2A and 2b take the specific provisions and appropriate necessary to cope with the increased risk of capital laundering and financing of terrorism that exists when they formed a business relationship or carry out a transaction with a customer who is not physically present for identification purposes.

Detailed rules for the application of this obligation will be specified by the authorities referred to in article 21 and, where applicable, by regulation in accordance with article 21bis. ».
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12A section 7 of the same Act, as amended by the law of August 10, 1998, the following changes are made: 1 ° to the paragraph 1, the words ' articles 2 and 2A, 3 ° to 5 °» are replaced by the words "articles 2, 2A and 2B."
2 ° to paragraph 3, the words ' articles 2 and 2A, 5 ° ' shall be replaced by the words "articles 2, 2A, 1 ° and 5 °, and 2B";
3 ° paragraph 3 is supplemented by the words 'They record transactions so as to meet the demands of information referred to in article 15, within the time limit referred to in this article.'.
S.
13 A section 8 of the Act, as amended by the law of August 10, 1998, the following changes are made: 1 ° the following subparagraph is inserted before paragraph 1: 'organizations and persons referred to in articles 2, 2A and 2B examine with special attention any transaction that they consider particularly likely, by its nature or because of its unusual character with regard to the activities of the client. due to the circumstances that surround it or from the quality of the people involved, to be linked to money laundering or the financing of terrorism. »;
2 ° 1st paragraph is replaced by the following provision: "organizations and persons referred to in articles 2 and 2A, 5 °, establish a written report of the results of this review;
the report is transmitted to the persons referred to in article 10 for the purposes to be preserved during the period specified in article 7. »;
3 ° to paragraph 2, the words "money laundering" are replaced by the words "money laundering" and the financing of terrorism
S. 14A article 9 of the Act, as amended by the law of August 10, 1998, the following changes are made: 1 ° the words ' articles 2 and 2A ' shall be replaced by the words "articles 2, 2A and 2B."
2 ° the words ' money laundering' shall be replaced by the words "money laundering" and the financing of terrorism
S. 15A section 10 of the Act, as amended by the law of August 10, 1998, the following changes are made: 1 ° the words "money laundering" are replaced by the words "money laundering" and the financing of terrorism
2 ° article is supplemented by the following paragraphs: «internal control procedures will specifically consider the increased risk of laundering of capital and financing of terrorism in the event of operations remotely referred to in article 6bis.»
Detailed rules for the application of this obligation will be specified by the authorities referred to in article 21 of this Act and, where applicable, by regulation in accordance with article 21bis. ».
S. 16. it is inserted into the Act a chapter IIbis, comprising articles articles 10A and 10B, entitled as follows: 'Limitation of cash payments.
S. 17. article 10bis of the Act, inserted by the law of August 10, 1998, is inserted in the "chapter IIbis. Limitation of cash payments.
S. 18. article 10bis of the same Act, inserted by the law of August 10, 1998, is replaced by the following provision: «Article 10bis. ". -The price of the sale of real property may be paid through a bank transfer or a cheque, except for an amount not exceeding 10% of the cost of the sale, and provided that this amount does not exceed EUR 15 000. Convention and the deed of sale shall specify the number of the financial account by debiting which the sum has been or will be transferred.
Where the persons referred to in articles 2, 17 °, and 2A, 1 °, find non-compliance with the previous provision, they shall immediately inform the financial information processing unit. ».
S.
19 article 10B, worded as follows, shall be inserted in the Act: "the cost of the sale by a trader for an item whose value reaches or exceeds EUR 15 000 may be paid in cash. ''
».
S. 20. in the heading of chapter III of the Act, the words "articles 2 and 2A ' shall be replaced by the words" articles 2, 2A and 2B' and 'money laundering' shall be replaced by the words "money laundering and the financing of terrorism".
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21A section 11 of the Act, as amended by laws of 7 April 1995 and August 10, 1998, the following changes are made: 1 ° in the § 1, 'money laundering' shall be replaced by the words "money laundering and the financing of terrorism";
2 ° to § 2, the words ' articles 2 and 2A "are replaced by the words" articles 2, 2A and 2B"and subsection is supplemented by the following words:"the rules relating to the transmission of the information referred to in articles 12 to 15, by the persons referred to in articles 2, 2A and 2B can be established by the King, on the advice of the financial information processing unit."
3 ° to the § 3, the words "financial experts" are replaced by "experts in financial matters and a higher, detached from the federal police officer";
4 ° article is supplemented by a section 8, as follows: ' ' § § 8 8
This authority includes the State for the application of the laws and regulations relating to taxes, taxes, duties and charges State, provinces, municipalities and agglomerations and municipalities.
».
S. 22. at section 12 of the same Act, as amended by the law of August 10, 1998, the following changes are made: 1 ° in the § 1, the words "laundering of.

capital» shall be replaced by the words "money-laundering"; or the financing of terrorism
2 ° in § 2, paragraph 3, the words 'twenty-four hours' are replaced by 'two working days ";
3 ° to § 3, the words 'to the procureur du Roi"are replaced by the words" procureur du Roi"or the federal Attorney
S. 23 article 13 of the same Act, as amended by the law of August 10, 1998, the words ' money laundering' shall be replaced by the words "money laundering" or the financing of terrorism and the words 'of laundering of capital"are replaced by the words"of money laundering alleged capital and alleged terrorism financing".
S. 24 section 14 of the Act, the words "a money laundering' shall be replaced by the words" a laundering of capital and financing of terrorism.
S. 25A article 14 bis of the same Act, inserted by the law of August 10, 1998, the following changes are made: 1 ° the § 1 is replaced by the following provision: «§ 1.» The persons referred to in article 2A, 1 ° to 4 °, who in the exercise of their profession, find facts which they know or suspect be linked to money laundering or the financing of terrorism are required to immediately inform the financial information processing unit. »;
2 ° in § 2, paragraph 1, the words "money laundering" are replaced by the words "money-laundering"; or the financing of terrorism
3 ° article is supplemented by the following paragraph: "§ § 3 3» Persons referred to in article 2B who, in the exercise of the activities listed in this article, find facts which they know or suspect be linked to money laundering or the financing of terrorism are required to immediately inform the Dean whose jurisdiction they fall.
However, the persons referred to in article 2B do not transmit this information if they have received from one of their customers or obtained on one of their clients when the evaluation of the legal situation of the client or in the exercise of their mission of defence or representation of this customer in a judicial proceeding or concerning such proceedings including advice on how to engage or to avoid a procedure, that such information is received or obtained before, during or after this procedure.
The President checks the compliance with the conditions laid down in the preceding subparagraph and article 2B. If these conditions are met, it shall immediately transmit the information to the financial information processing unit. ».
S. 26 article 14, worded as follows, shall be inserted in the Act: «art.» 14.-the persons referred to in article 2, paragraph 1, 2 °, 3 °, 4 °, 6 °, 8 °, 9 °, 10 °, 19 ° and 20 °, can open a branch or a representative office domiciled, registered or established in a State or territory designated by the King in accordance with article 14ter. They cannot acquire or create, directly or through a financial holding company or a mixed financial holding company, a subsidiary engaged in the activity of a credit institution or of a business investment or an insurance company, domiciled, registered or established in a State or a territory referred to above. » Art.
27. article 15, § 1, of the Act, as amended by the laws of 7 April 1995 and August 10, 1998, is replaced by the following provision: «§ 1.»
When the financial information processing unit receives information referred to in article 11, § 2, the cell or one of its members or one of his staff members designated for this purpose by the magistrate leading the or his Deputy may be communicating in the period which they shall determine, any additional information they deem useful to the accomplishment of the mission of the cell of the share : 1 ° of all agencies and persons referred to in articles 2, 2A and 2B, as well as on the part of the President referred in article 14bis, § 3;
2 ° of the police, by way of derogation from article 44/1 of the Act of 5 August 1992 on the police function, modified by the law of 26 April 2002 on the essential elements of the status of the staff of the police and on various other provisions relating to police services;
3 ° the administrative services of the State;
4 ° of the Trustees in bankruptcy;
5 ° of the provisional directors referred to in article 8 of the law of 8 August 1997 on bankruptcy;
6 ° of the judicial authorities.
However, information may be transmitted to the cell by an investigating judge without the consent of the Attorney general or the federal Attorney and information obtained from a judicial authority shall not be disclosed by the cell to a foreign agency, in accordance with article 17, paragraph 2, without the express permission of the Attorney general or the federal prosecutor.
The persons referred to in article 2B and the President referred to in article 14bis, § 3, do not transmit this information if they were received by persons in article 2B, one of their customers or obtained on one of their clients during the evaluation of the legal situation of the client or in the exercise of their mission of defence or representation of this client in legal proceedings or regarding such a procedure including advice on how to engage or to avoid a procedure, that such information is received or obtained before, during or after this procedure.
The judicial authorities, police services, administrative services of the State, trustees in bankruptcy and the provisional Directors may transmit initiative to the financial information processing unit any information they deem relevant to the exercise of his mission.
The Crown communicates to the financial information processing unit all final decisions handed down in the files were the subject of transmission of information by the FIU in accordance with articles 12, paragraph 3, and 16. » Art. 28 A article 16 of the same Act, as amended by the law of August 10, 1998, the following changes are made: 1 ° "of money laundering' shall be replaced by the words 'of laundering of capital and financing of terrorism";
2 ° "to Prosecutor of the King" shall be replaced by the words ' the procureur du Roi "; or the federal Attorney
3 ° «a copy of this information is transmitted by the cell to one of the National Magistrates referred to in article 144bis of the Judicial Code» shall be replaced by the words 'When information is transmitted to the Prosecutor of the King, a copy thereof is addressed by the cell to the federal prosecutor'.
S. 29 A section 17 of the Act, as amended by laws of 7 April 1995 and August 10, 1998, the following changes are made: 1 ° in the § 1, the words "or external experts to which it has recourse" are replaced by the words ", members of police services and other officials seconded from it as well as external experts she uses";
2 ° in § 2, paragraph 2, the words "of the European Commission anti-fraud coordination unit" shall be replaced by the words "the European anti-fraud Office";
3 ° to § 2, paragraph 4, the words "to the Prosecutor of the King" are replaced by the words "procureur du Roi"; or the federal Attorney
4 ° to § 2, paragraph 5, the words 'of the European Union' shall be replaced by the words 'European Communities' and 'unity of coordination of anti-fraud of the European Community' shall be replaced by the words "the European anti-fraud Office";
5 ° § 2 is supplemented by the following paragraphs: "when this transmission information on money-laundering from the commission of an offence relating to serious and organised tax fraud, which implements the complex mechanisms or who use processes with an international dimension, or the commission of an offence that is within the competence of the Administration of customs and Excise the cell informs the Minister of Finance of this transmission.
When this transmission concerns information for which the security of the State or the general Service of intelligence and security of the Armed Forces have provided information to the cell, it informs them of this transmission. » Art. 30A section 18 of the Act, as amended by the law of August 10, 1998, the following changes are made: 1 ° 1st paragraph, is replaced by the following provision: "the transmission of information referred to in articles 12 to 14ter is made normally by the person named within the bodies referred to in articles 2 and 2 bis, 5 °, in accordance with article 10 or by the persons referred to in articles 2A 1 ° to 4 ° and 2B. »;
2 ° to paragraph 2, the words ' articles 2 and 2 bis, 5 ° ' shall be replaced by the words "articles 2, 2A and 2B.
S. 31. at article 19 of the same Act, as amended by the law of August 10, 1998, the words ' articles 2 and 2A» are replaced by the words "articles 2, 2A and 2B so the President referred in article 14bis, § 3.
S. 32A Section 20 of the Act, as amended by the law of August 10, 1998, the words ' articles 2 and 2A, their employees or their representatives "are replaced by the words" articles 2, 2A and 2B, their employees or their representatives and the President referred in article 14bis, § 3.
S. Article 33A

21 of the Act, as amended by the law of August 10, 1998, the following changes are made: 1 ° to the paragraph 1, the words ' articles 2 and 2A "are replaced by the words" articles 2, 2A and 2B"and the words"of a money-laundering"are replaced by the words" money laundering of capital and financing of terrorism ";
2 ° in paragraph 2, "the Belgian regulated markets market authorities" shall be replaced by the words 'the authorities responsible for the control of the financial markets', the words 'and the disciplinary commission market from the company of the Stock Exchange securities of Brussels' are deleted and 'of a money-laundering' shall be replaced by the words "a laundering of capital and financing of terrorism.
S. 34. an article 21bis, worded as follows, is inserted into the Act: "authorities in control of the bodies and persons referred to in article 2, paragraph 1, 2 °, 3 °, 4 °, 6 °, 8 °, 9 °, 10 °, 11 °, 15 °, 16 °, 19 ° and 20 °, fix, by way of Regulation subject to the approval of the King, the terms of the obligations laid down in chapter II.".
If those supervisory bodies remain in failure to establish the regulation referred to in paragraph precede or to change it in the future, the King is empowered to take itself this regulation or to change. » Art. 35 in section 22 of the Act, as amended by the law of August 10, 1998, the following changes are made: 1 ° the words ' articles 2 and 2bis "each time are replaced by the words" articles 2, 2A and 2B. "
2 ° the following subparagraph is inserted between paragraphs 1 and 2: 'The cell is informed by the competent authority of the final sanctions imposed pursuant to the paragraph 1.'
S. 36. the title of chapter V of the Act is replaced by the following: "penalties for failure to comply with article 10ter.
S.
37. article 23 of the same Act, repealed by the law of 6 April 1995, was re-established in the following wording: «art.» 23 - infringements of the provisions of article 10ter are identified in accordance with article 113 of the law of 14 July 1991 on trade and on information practices and the protection of the consumer by officers commissioned by the Minister that economic affairs.
In the event of non-compliance by a trader, provisions of article 10B, the Minister that economic affairs imposes an administrative penalty which the amount cannot exceed 10% of the unduly paid sums in cash, nor exceed EUR 1,250,000; the fine is collected for the benefit of the Treasury by the VAT, registration and domains. ».
S. 38. article 24 of the Act, as amended by the law of August 10, 1998 and by the royal decree of 28 December 1999, is replaced by the following provision: «art.» 24 - the identification or verification of the identity of the natural and legal persons who, at the time of the entry into force of the law of 12 January 2004 amending Act of 11 January 1993 on the prevention of the use of the financial system for the purpose of money laundering, Act of 22 March 1993 on the status and control of credit institutions and act of 6 April 1995 on the status of investment firms and to their control, intermediaries and investment advisers, have the quality of ordinary agency customer or a person referred to in articles 2, 2 bis, 1 ° to 4 ° and 2B, within the meaning of article 4 should be within one year of the entry into force of the law of 12 January 2004 amending the law of 11 January 1993 on the prevention of the use of the financial system for the purpose of money laundering Act of 22 March 1993 on the status and control of credit institutions and act of 6 April 1995 on the status of investment firms and their control, financial intermediaries and investment advisors. » Art. 39. in the heading of section VII of chapter II of title II of the law of 22 March 1993 on status and control of credit institutions, the words "branches" are replaced by the words "of subsidiaries or branches".
S. 40. an article 33bis, worded as follows, shall be inserted in section VII of chapter II of title II of the Act: «art.» 33bis.-the credit institution which intends to acquire or create, directly or through a financial or a mixed financial holding company, company a subsidiary abroad exercising the activity of a credit institution or of an investment firm shall notify its intention to the Committee on banking, finance and insurance. This notification is accompanied by information on the activities, organization, ownership and leaders of the undertaking concerned. » Art. 41. in the heading of section VI of chapter II of title II of book II of Act of 6 April 1995 on the status of investment firms and their control, intermediaries and investment advisers, the words "branches" are replaced by the words "of subsidiaries or branches".
S. 42. a 82bis article, worded as follows, is inserted in section VI of chapter II of title II of book II of the Act: «art.» 82bis.-the investment firm which intends to acquire or create, directly or through a financial or a mixed financial holding company, company a subsidiary abroad engaged in the activity of a credit institution or an investment firm of shall notify its intention to the Committee on banking, finance and insurance. This notification is accompanied by information on the activities, organization, ownership and leaders of the undertaking concerned. "Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, January 12, 2004.
ALBERT by the King: the Minister of Justice Ms. L. ONKELINX. the Minister of the Interior P.
DEWAEL the Finance Minister D. REYNDERS the Minister of economy, energy, foreign trade and science policy Ms. F. MOERMAN the Secretary of State at the finance modernization and the fight against fiscal fraud, Assistant to the Minister of finance, H. JAMAR sealed ' the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Note Session 2003 - 2004 House of representatives.
Documents. -Bill, 51-383-No. 1. -Amendment, 51-383 - No. 2. -Report, 51-383 - No. 3 - text adopted in Committee, 51-383-No. 4. -Text adopted in plenary meeting and forwarded to the Senate, 51-383 - No. 5.
Compte rendu intégral. -18 December 2003.
Session 2003 - 2004 Senate.
Documents. -Project mentioned by the Senate, 3-426-No. 1. -Approval report, 3-426-No. 2.
Annals. -19 December 2003.

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