belgiquelex.be - Carrefour Bank of Legislation 10 AOUT 1998. - An Act to amend the Act of 11 January 1993 on the Prevention of the Use of the Financial System for the Purpose of Money Laundering and the Act of 6 April 1995 on Secondary Markets, Business Status, Investment and Control, to Intermediaries and Investment Advisors (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. The draft rules a matter referred to in Article 78 of the Constitution.
Art. 2. Section 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 Royal Decree of 24 March 1995, is amended as follows:
1° to paragraph 1
er :
(a) the words "financial organizations and individuals" are replaced by the words "organizations and individuals";
(b) the 3° is replaced by the following provision:
"3° Belgian legal investment companies approved in accordance with Article 47, § 1
er, the Secondary Markets, Investment Business Status and Control Act of 6 April 1995 to intermediaries and investment advisors as a stock exchange corporation";
(c) 6° is replaced by the following provision:
"6° Belgian legal investment companies approved in accordance with Article 47, § 1
er, the Secondary Markets, Investment Business Status and Control Act of 6 April 1995 to intermediaries and investment advisors as a brokerage in financial instruments";
(d) 8° is replaced by the following provision:
"8° Belgian legal investment companies approved in accordance with Article 47, § 1
er, the Secondary Markets, Investment Corporations Status and Control Act of 6 April 1995 to intermediaries and investment advisors as a wealth management corporation";
(e) 9° is replaced by the following provision:
"9° investment consulting companies established in Belgium, as referred to in Article 123 of the Law of 6 April 1995 on secondary markets, the status of investment companies and their control, to intermediaries and investment advisors";
2° paragraph 1
er is completed as follows:
15° the branches in Belgium of investment companies under the law of another Member State of the European Community, as referred to in Article 110 of the Act of 6 April 1995 referred to above;
16° the branches in Belgium of investment companies under the law of States which are not members of the European Community, as referred to in Article 111 of the law of 6 April 1995 referred to above;
17° the real estate agents referred to in Article 2 of the Royal Decree of 6 September 1993 protecting the professional title and exercise of the real estate profession and exercising the activities referred to in Article 3, 1°, of the same decree;
18° custodial companies providing surveillance and protection services for the carriage of goods, authorized under section 1
er§ 1
er, c) and section 2 of the Act of 10 April 1990 on custodial enterprises, security companies and internal custodial services. »
3° in paragraph 2, the words "financial organizations or individuals" are replaced by the words "organisms or persons". "
Art. 3. Article 2bis, as follows, is inserted in the same law:
"Art. 2bis. - To the extent expressly provided for in this Act, the provisions of this Act shall also apply to the following persons:
1° the notaries;
2° the judicial officers;
3° the natural or legal persons members of the Institute of Business Editors, in accordance with articles 4 to 4ter of the law of 22 July 1953 creating an Institute of Business Editors, which carry out activities in Belgium;
4° the natural or legal persons listed in the table of external accounting experts of the Institute of Accounting Experts, in accordance with sections 72 to 74 of the Act of 21 February 1985 on the reform of the corporate review;
5° the natural or legal persons who operate one or more casino games referred to in Article 45 of the Royal Decree of November 23, 1965 coding legal provisions relating to taxes assimilated to income taxes".
Art. 4. In the title of Chapter II of the Act, the words "in section 2" are replaced by the words "in sections 2 and 2 bis".
Art. 5. Article 4, paragraph 1
erthe following amendments are made to the Act:
1° the words "organisms and persons referred to in Article 2" are replaced by the words "organisms and persons referred to in Articles 2 and 2bis, 3° and 4°";
2° the words "by means of a probative document" are replaced by the words "by means of a probative document of which it is taken a copy".
Art. 6. In section 5 of the Act, the following amendments are made:
1° the words "financial agencies and persons referred to in Article 2" are replaced by the words "organisms and persons referred to in Articles 2 and 2 bis, 3° and 4°";
2° the words "useful measures" are replaced by the words "all reasonable measures".
Art. 7. An article 5bis, as follows, is inserted in the same law:
"Art. 5bis. - The persons referred to in section 2bis, 5°, must ensure by using a probative document which is taken copy of the identity of all customers who wish to carry out a financial transaction in relation to the game. In this case, section 5 is applicable. »
Art. 8. In section 6 of the Act, the words "a financial organization or person" are replaced by the words "an organization or person".
Art. 9. In section 7 of the Act, the following amendments are made:
1° to paragraph 1
erthe words "Organisms and persons referred to in Article 2" are replaced by the words "Organisms and persons referred to in Articles 2 and 2bis, 3° to 5°" and the words "or references to it" are deleted;
2° in paragraph 2, the words "in section 5" are replaced by the words "in sections 5 and 5 bis";
3° in paragraph 3, the words "organisms and persons referred to in Article 2" are replaced by the words "organisms and persons referred to in Articles 2 and 2 bis, 5°".
Art. 10. In section 8 of the Act, the following amendments are made:
1° the words "Organisms and persons referred to in Article 2" are replaced by the words "Organisms and persons referred to in Articles 2 and 2 bis, 5°".
2° this article is supplemented by the following paragraph:
"On the advice of the Banking and Financial Commission and the Financial Information Processing Cell, the King may draw up a list of foreign currency transactions that are particularly deemed to be related to money laundering and on which the agencies and persons referred to in Article 2 must prepare a written report to be transmitted to persons referred to in Article 10. "
Art. 11. In section 9 of the Act, the following amendments are made:
1° the words "Organisms and persons referred to in Article 2" are replaced by the words "Organisms and persons referred to in Articles 2 and 2 bis";
2° the words "operations that can be linked" are replaced by the words "operations and facts that can be linked".
Art. 12. In section 10 of the Act, the words "Organisms and persons referred to in section 2" are replaced by the words "Organisms and persons referred to in sections 2 and 2 bis, 5°".
Art. 13. An article 10bis, as follows, is inserted in the same law:
"Art. 10bis. - When a notarial act finds an operation whose amount reaches or exceeds 25,000 Ecus, the payment of this amount must be made by means of a transfer or cheque. The notary must specify in the act the number of the financial account by the flow of which the sum has been or will be transferred".
Art. 14. In the title of chapter III of the Act, the words "in section 2" are replaced by the words "in sections 2 and 2 bis".
Art. 15. In section 11 of the Act, as amended by the Act of 7 April 1995, the following amendments are made:
1° in § 2 the words "organisms and persons referred to in Article 2" are replaced by the words "organisms and persons referred to in Articles 2 and 2 bis";
2° in § 3, paragraph 2, the words "in the organizations or in the persons referred to in Article 2" are replaced by the words "in the bodies or in the persons referred to in Articles 2 and 2 bis, 5°";
3° in § 7, the words "organisms and persons referred to in Article 2" are replaced by the words "organisms and persons referred to in Articles 2 and 2 bis, and the manner in which they are perceived. "
Art. 16. In section 13 of the Act, the words "financial agencies or individuals" are replaced by the words "organisms or persons".
Art. 17. Article 14bis, as follows, is inserted in the same law:
"Art. 14 bis. § 1
er. The persons referred to in Article 2bis, 1° to 4°, who, in the exercise of their profession, note facts that they know to be related to money laundering or that are likely to prove money laundering, are required to immediately inform the financial information processing unit.
§ 2. When the persons referred to in Article 2bis, 5°, know or suspect that an operation is related to money laundering, they immediately inform the financial information processing cell.
In addition, these persons must in all cases and immediately inform the processing cell of the financial information of the transactions listed by the King on the advice of the financial information processing cell".
Art. 18. In section 15 of the Act, as amended by the Act of 7 April 1995, the following amendments are made:
1° to § 1
erthe words "organisms and persons referred to in Article 2" are replaced by the words "organisms and persons referred to in Articles 2 and 2 bis, 5°".
2° the same paragraph shall be completed as follows:
"In the same case, it may also request all information useful to persons referred to in Article 2bis, 1° to 4°. By derogation from section 458 of the Criminal Code, these individuals are entitled to disclose this information to the Cell. »
3° in § 2, the words "organisms and persons referred to in Article 2" are replaced by the words "organisms and persons referred to in Articles 2 and 2 bis, 5°" and the words "articles 4 to 10" are replaced by the words "articles 4 to 10, 12 to 14bis and § 1
er "
Art. 19. In Article 17, § 2, of the Act, as amended by the Act of 7 April 1995, the following amendments are made:
1° a paragraph, as follows, is inserted between subparagraphs 1
er and 2:
“Paragraph 1
er also does not apply to requests for information from the cell to the European Commission's anti-fraud coordination unit, as part of the application of Articles 209A of the Treaty of 25 March 1957 establishing the European Community and 183A of the Treaty of 25 March 1957 establishing the European Atomic Energy Community, as amended by the Treaty of 7 February 1992. »
2° Paragraph 2 is replaced by the following provision:
"For the purposes of Article 22, the cell may nevertheless provide useful information to the authorities referred to in this Article. »
3° the article is completed by the following paragraph:
"When this transmission concerns information about money laundering arising from an offence related to fraud against the financial interests of the European Union, the cell may inform the European Community's anti-fraud coordination unit."
Art. 20. The following amendments are made to section 18 of the Act:
1° to paragraph 1
erthe words "information referred to in articles 12 to 14" are replaced by the words "information referred to in articles 12 to 14bis" and the words "in the organizations referred to in section 2 or by the persons referred to in that article" are replaced by the words "in the organizations referred to in articles 2 and 2bis, 5° or by the persons referred to in those same articles";
2° in paragraph 2, the words "organisms or persons referred to in Article 2" are replaced by the words "organisms or persons referred to in Articles 2 and 2 bis, 5°".
Art. 21. In section 19 of the Act, the words "organisms or persons referred to in section 2" are replaced by the words "organisms or persons referred to in sections 2 and 2 bis", and the words "under articles 12 to 14" are replaced by the words "under articles 12 to 15".
Art. 22. In section 20 of the Act, the words "organisms or persons referred to in section 2" are replaced by the words "organisms or persons referred to in sections 2 and 2 bis".
Art. 23. In section 21 of the Act, the words "The control or guardianship authorities of the bodies and persons referred to in section 2" are replaced by the words "The supervisory or guardianship authorities or the disciplinary authorities of the bodies and persons referred to in sections 2 and 2 bis".
Art. 24. In section 22 of the Act, the following amendments are made:
1° the first sentence of the first paragraph is replaced by the following provision:
"Without prejudice to the measures defined by other laws or other regulations, the supervisory or guardianship authority or the competent disciplinary authority may, in the event of non-compliance, by the bodies or persons referred to in sections 2 and 2bis that are subject to it, provisions of sections 4 to 19 or orders made for their execution:"
2° the article is supplemented by the following paragraph:
"These sanctions may be imposed by the Minister of Finance in respect of the bodies or persons referred to in sections 2 and 2 bis that are not subject to any supervisory or supervisory authority or to any disciplinary authority. »
Art. 25. Section 24 of the Act is replaced by the following provision:
The identification of persons who, at the time of the coming into force of this Act, have the status of an ordinary client of an organization or person referred to in sections 2, 15° to 18°, and 2bis, 3° to 4°, within the meaning of the first paragraph of section 4, shall be terminated within one year after they are subject to that obligation.
Art. 26. Article 139, paragraph 1
er, 1°, and 2, of the Act of 6 April 1995 on secondary markets, the status of investment companies and their control, to intermediaries and investment advisers, the words "in section 137, paragraph 2" are replaced by the words "in sections 137, paragraph 2, and 139bis, paragraph 2. "
Art. 27. An article 139bis, as follows, is inserted in the same law:
“Article 139bis. - Without prejudice to article 4 of the Act of 22 March 1993 relating to the status and control of credit institutions, are solely entitled to provide and offer to the public on a professional basis in Belgium, for remuneration, money transfers services:
1° the National Bank of Belgium, the Institute of Repayment and Guarantee and the Post Office;
2° credit institutions operating in Belgqiue under the Act of 22 March 1993 on the Status and Control of Credit Institutions;
3° Belgian investment companies;
4th foreign investment companies operating in Belgium under Book II, Titles III and IV;
5° persons registered under section 139.
For the purposes of this provision, it is necessary to hear by transfer of funds, the provision of services consisting of an intermediary to transfer, on the instructions of his client, a sum of money to a beneficiary designated by that client, excluding the services for the issuance, management or distribution of cards used as a means of payment, regardless of their form.
This provision does not apply to establishments responsible for compensation or payment of payments or financial transactions, whose credit institutions are members or to which they have direct or indirect access. This provision does not apply more to custodial carriers providing surveillance and protection services for the carriage of goods. "
Art. 28. Article 148, § 4, of the same law is supplemented as follows:
"13° those who do not comply with Article 139bis."
Promulgation of this law, let us order that it be clothed with the seal to the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, August 10, 1998.
ALBERT
By the King:
Deputy Prime Minister
and Minister of Economy and Telecommunications,
E. DI RUPO
Deputy Prime Minister and Minister of the Interior,
L. TOBBACK
Minister of Justice,
T. VAN PARIJS
Deputy Prime Minister and Minister of Finance,
J.J. VISTOR
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) House of Representatives
1335/1: Bill. - 1335/2 and 3: Amendments. - 1335/4: Report. - 1335/5: Text adopted by the Commission. - 1335/6: Amendment. - 1335/7: Text adopted in plenary and transmitted to the Senate.
Annales: February 18 and 19, 1998.
Senate.
1-895/1: Project transmitted by the House of Representatives. - 1-895/2 and 3: Amendments. - 1-895:4: Report. - 1-895/5: Text adopted by the Finance and Economic Affairs Commission. - 1-895/6: Text adopted in plenary and subject to Royal Assent.
