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Law for the prevention of money laundering and financing of terrorism

Original Language Title: Wet ter voorkoming van witwassen en financieren van terrorisme

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Law of 15 July 2008, merging of the Law Identification of Services and the Unusual Transactions Act (Law on the Prevention of Laundering and Financing of Terrorism)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into consideration that it is desirable to Law identification of services and the Unusual Transactions Act together with a single law aimed at preventing the use of the financial system for the purpose of money laundering and the financing of terrorism;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. Introductory provisions

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Article 1

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  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • a. setting:

      • 1 °. bench as intended Article 1: 1 of the Law on Financial Supervision , other than a natural person, legal person or company for which on the basis of Article 2:11, second paragraph , or Article 2:16, fourth paragraph, of that Act no licence is required to carry out the holding of the bank;

      • 2. the person who, being unable to become a bank, is principally engaged in carrying out one or more of the activities set out in points 2, 3, 5, 6, 9, 10 and 12 of Annex I to Directive 2006 /48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast) (PbEU 2006, L 177);

      • 3 °. undertaking, other than a bank or financial institution, which carries out operations listed in point 14 of Annex I to Directive 2013 /36/EU of the European Parliament and of the Council of 26 June 2013 on access to the holding of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC, and repealing Directives 2006 /48/EC and 2006 /49/EC (PbEU 2013, L 176);

      • 4 °. Rotating institution as specified in Article 1: 1 of the Law on Financial Supervision , to the extent that these exchange transactions are carried out as referred to in points (a) and (c) of the definition of the swap transaction in that article;

      • 5 °. life insurer as referred to in Article 1: 1 of the Law on Financial Supervision with the exception of a life insurer exclusively engaged in the holding of the kind insurer as referred to in that Article;

      • 6 °. investment firm as referred to in Article 1: 1 of the Law on Financial Supervision ;

      • 7 °. Investment institution as referred to in Article 1: 1 of the Law on Financial Supervision ;

      • 8 °. financial services provider as specified in Article 1: 1 of the Law on Financial Supervision as far as this is mediated in life insurance;

      • 9 °. branch in the Netherlands of a financial undertaking, within the meaning of 1 ° to 8 °, 20 °, 22 ° or 25 ° with a seat outside the Netherlands;

      • 10 °. Trust office as referred to in Article 1, section a, of the Trust Offices Supervision Act ;

      • 11 °. natural person, legal person or company acting as an external auditor or external auditor-administratively independent professional activity under which forensic accountancy exercises, or a natural person a person, a legal person, or a company, to the extent that otherwise independent independent of similar activities are engaged in professional or business activities;

      • 12 °. natural person, legal person or company acting as a lawyer, notary, or candidate-notary or in the exercise of a similar legal profession or undertaking independently of an independent professional or business opinion Provides assistance or assistance with:

        • a. The sale or sale of registry goods;

        • b. managing money, securities, coins, coin notes, precious metals, gems or any other values;

        • (c) the establishment or management of companies, companies or similar bodies as referred to in Article 2 (b) of the General Law on State Taxation ;

        • (c) the acquisition or sale of shares in, or the sale or sale of shares or the acquisition of companies, companies, companies or similar entities as referred to in Article 3 (1) of the Treaty; Article 2 (b) of the General Law on State Taxation ;

        • (e) taxation activities comparable to the activities of the professional groups described in 23 °;

        • f. establishment of a right of mortgage to a registry;

      • 13 °. any natural or legal person or company acting as a lawyer, notary, either notary or candidate-notary, or in the exercise of a similar legal profession, acting in the name and on behalf of a client in any case financial transaction or real estate transaction;

      • 14 °. intermediary as specified in Article 62 of the Code of Commerce , in so far as it provides for the conclusion and conclusion of immovable property and rights agreements, or on the sale or sale of vehicles, ships, works of art, antiques, etc., precious or precious stones, precious metals, jewellery or jewellery;

      • 15 °. professional or business seller of goods, to the extent that payment of these goods is made in cash for an amount of € 15 000 or more, irrespective of whether the transaction is carried out in an act or by means of more transactions which consists of a link;

      • 16 °. natural person, legal person or company providing professional or business casino within the meaning of Article 27g, 2nd paragraph, of the Gaming Act organise;

      • 17 °. natural or legal person who belongs to a category of occupation or business to be classified by a general measure of management;

      • 18 °. Payment service agent as specified in Article 1: 1 of the Law on Financial Supervision ;

      • 19 °. natural or legal person who, in the performance of payment services, as referred to in Article 1: 1 of the Law on Financial Supervision acting on behalf of a payment service provider as referred to in Article 1: 1 of the Commercial Financial Supervision Act with a seat in another Member State which has a licence issued by the supervisory authority of that Member State for the purpose of exercise of his business;

      • 20 °. payment service provider as specified in Article 1: 1 of the Law on Financial Supervision ;

      • 21 °. natural person, legal person or company providing a professional or business address or postal address;

      • 22 °. Electronic money institution as referred to in Article 1: 1 of the Law on Financial Supervision to the extent that these other transactions are carried out in that way Article 1:5a, second paragraph, part k, of that law ;

      • 23 °. any natural or legal person or company which, as a tax consultant, is independent, independent of professional activities, or a natural or legal person or company, to the extent that it otherwise independently operates independently of any of the following: that it carries out comparable work or business activities;

      • 24 °. any natural or legal person who, in the exercise of profession or business, carries out appraisals of immovable property and rights to which immovable property is subject;

      • 25 °. UCITS referred to in Article 1.1 of the Law on Financial Supervision ;

      • 26 °. pawnhouse as intended Article 131, part a, of Book 7 of the Civil Code ;

    • b. client: natural or legal person with whom a business relationship is entered into or that has a transaction carried out;

    • c. identify: Identify the identity of the identity;

    • ed. verifying identity: establish that the specified identity corresponds to the true identity;

    • e. Politically prominent person: a person referred to in Article 2, first paragraph, of the Implementing Directive, unless such person has not exercised the function referred to in that paragraph for at least one year, his immediate family members and close associates within the meaning of Article 2 (1) of the Implementing Directive, unless such person has not exercised his or her immediate family or family 2, second and third paragraphs, of the Implementing Directive;

    • f. Beneficial owner: the natural person who:

      • 1 °. holds a stake of more than 25 percent in a client ' s capital;

      • 2. more than 25 percent of the voting rights can exercise in the general assembly of a client;

      • 3 °, can actually exercise control in a client;

      • 4 °. beneficiary of 25 per cent or more of the ability of a client or of a trust; or

      • 5 °. a special control of 25% or more of the assets of a client;

      unless the client is a company subject to disclosure requirements as provided for in Directive 2004 /109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements applicable to information on the subject-matter of the disclosure of information on the market in question. issuers whose securities are admitted to trading on a regulated market and amending Council Directive 2001 /334/EC (PbEG 2001, L 390), or to rules of an international organisation equivalent to that of the to that Directive;

    • g. business relationship: business, professional, or commercial relationship between an institution and a natural person or a legal person, related to the professional activities of that institution and of which at the time of the contact is being established assumed that it will take some time;

    • h. Transit account: bank account held by a bank established in the Netherlands by a bank in a State which is not a Member State and which may be debited or credited by a client of the latter bank without the intervention of the bank in the Netherlands Established bank;

    • i. Financing terrorism: the conduct is punishable by Article 421 of the Code of Criminal Law ;

    • j. shellbank: bank or a company engaged in similar activities, established in a state where it has no physical presence and is not part of a supervised financial conglomerate within the meaning of the Law on financial supervision or a similar group;

    • k. State: is a member of the European Union as well as a State other than a Member State of the European Union which is a Party to the Agreement on the European Economic Area;

    • l. correspondent banking relationship: Fixed relationship between banks in different countries for the settlement of transactions or the execution of contracts;

    • m. transaction: act or set of acts of or for the benefit of a client of which the institution has received notification to that client for the purposes of its provision of services;

    • n. unusual transaction: transaction based on the indicators referred to in the Article 15, first paragraph , as unusual, to be regarded;

    • o. notification: notification referred to in Article 16, first paragraph;

    • P. Implementing Directive: Directive No 2006 /70/EC of the Commission of the European Communities of 1 August 2006 laying down implementing measures for Directive 2005 /60/EC of the European Parliament and of the Council as regards the definition of politically exposed persons and the technical criteria for simplified customer due diligence procedures and for exemptions on the basis of an occasional or very limited financial activities (PbEU L 214);

    • q. Financial information unit: the Financial Intelligence Unit, intended to Article 12, first paragraph ;

    • r. bank: a bank as referred to in Article 1: 1 of the Law on Financial Supervision ;

    • s. Platform for auctioning allowances: Platform for the auctioning of allowances referred to in Chapter VII of Regulation (EU) No European Commission of 12 November 2010 on timing, management and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003 /87/EC of the European Parliament and of the Council establishing a set of greenhouse gas emission allowances Scheme for greenhouse gas emission allowance trading within the Community (PbEU L 302);

    • t. Regulation capital requirements: Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (PbEU 2013, L 176).

  • 2 This Act does not apply to the persons referred to in paragraph 1 (a) (12) and (13), and to tax advisers referred to in paragraph 1 (a) (a), to the extent to which they are engaged in a client in respect of a person who is the subject of a (i) provision of his legal position, representation and defence in law, advice before, during and after legal proceedings or giving advice on the establishment or prevention of proceedings.

  • 3 The terms 'trust', 'trustee' and 'insteller' are defined in this Law and its related provisions, including those contained in the Treaty on the law applicable to trusts and the recognition of trusts (Trb). 1985, 141).


Article 2

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  • 2 If the law of the Member State concerned does not permit application of the first paragraph, the institution shall propose to the person responsible for the application of the provisions of Article 24 is responsible for monitoring compliance with this law by providing it with knowledge and taking measures to prevent the risk of money laundering and terrorist financing.


Article 2a

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  • 1 In order to prevent the laundering and financing of terrorism, an institution shall carry out customer due diligence and report any unusual transactions carried out or planned in accordance with the conditions of its own or under Chapter 2 and 3 set rules. In so doing, an institution shall pay particular attention to unusual patterns of transaction and to transactions which, by their nature, have a higher risk of money laundering or terrorist financing.

  • 2 An institution shall take adequate measures to prevent the risk of money laundering and financing of terrorism that may arise from the use of new technologies in economic traffic.

Chapter 2 Provisions concerning customer due diligence

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§ 2.1. Customer due diligence

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Article 3

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  • 1 An institution shall be responsible for the prevention of money laundering and financing of terrorist customer due diligence.

  • 2 The client study shall enable the institution to:

    • identification of the client and identity of the client;

    • b. To identify the client ' s ultimately stakeholder and to take risk-based and adequate measures to verify his identity, and if the client is a legal person, risk based and adequate measures to to gain an understanding of the client ' s ownership and control structure;

    • c. to determine the purpose and intended nature of the business relationship;

    • d. to exercise continuous control over the business relationship and the transactions carried out during the duration of this relationship, in order to ensure that they correspond to the knowledge that the institution has of the client and its risk profile, with where appropriate, an examination of the source of the funds used in the business relationship or the transaction;

    • (e) to determine whether the natural person representing the client is competent to do so;

    • f. to take risk-based and adequate measures to verify whether the client is acting on behalf of itself or for the benefit of a third party;

    • g. to identify, where appropriate, the natural person, as set out in subparagraph (e), and to verify his identity.

  • 3 By way of derogation from the second member, client examination, if the client acts as trustee, enables the institution to take risk-based and adequate measures to gain insight into the ownership and control structure of the customer. trust and to that end:

    • a. To identify the trust ' s institutions and trustees and to take risk-based and adequate measures to verify their identity;

    • (b) to identify the beneficial owner of the trust and to take appropriate measures based on risk to verify his identity;

    • c. to determine the purpose and intended nature of the business relationship;

    • d. to exercise continuous supervision of the business relationship and the transactions carried out during the duration of the relationship, in order to ensure that they correspond to the knowledge that the institution has of the trust and risk profile of the trust, with, if necessary, an investigation of the source of the funds used in the business relationship or the transaction;

    • e. to determine whether the client is competent to act as a trustee.

  • 4 By way of derogation from the second paragraph, customer due diligence, where clients act as members of a partnership, shall enable the institution to:

    • (a) to identify the members and the persons responsible for the management of the partnership and to take appropriate measures, based on risk, to verify their status as a member, where appropriate;

    • b. To identify the natural person who:

      • 1 °. in the event of the winding-up of the private company, it is entitled to a share in the community of more than 25%;

      • 2 °. is entitled to a share of the profits of the partnership of more than 25%;

      • 3 °, when deciding on amendments to the contract which is the basis of the partnership or for the execution of that contract, other than by acts of management, more than 25% of the votes may be exercised; provided that a majority of votes are reached in that agreement; or

      • 4. can actually exercise control over the liability company;

    • c. to take risk-based and adequate measures to verify the identity of the natural person referred to in subparagraph (b);

    • (d) to determine the purpose and intended nature of the business relationship;

    • (e) to carry out a continuous monitoring of the business relationship and the transactions carried out during the duration of that relationship with a view to ensuring that they correspond to the knowledge which the establishment of the partnership and the private company is having risk profile, including, where appropriate, an investigation of the source of the funds used in the business relationship or the transaction;

    • (f) establish whether the natural person representing the shareholders in the person undertaking is competent to do so;

    • g. to identify, where appropriate, the natural person, referred to in subparagraph (f), and to verify his identity.

  • 5 An institution shall carry out customer due diligence in the following cases:

    • a. If it enters into a business relationship in or out of the Netherlands;

    • b. if, in the case of a cross-transaction for the client of at least € 15 000, or two or more transactions involving a connection with a combined value of at least € 15 000, the transaction is incidental to the client;

    • c. if there are indications that the client is involved in the laundering or financing of terrorism;

    • d. if it has doubts about the reliability of previously obtained data from the client;

    • e. where the risk of involvement of an existing client in the case of money laundering or terrorist financing gives rise to it;

    • f. If, having regard to the State in which a client is resident or established or has its registered office, there is an increased risk of money laundering or financing terrorism;

    • g. if, in or from the Netherlands, it carries out an incidental transaction for the benefit of the client or trust holding a transfer of funds as referred to in Article 2 (7) of Regulation (EC) No 148/ (EC) No 1021 (2). 2006/1781 of the European Parliament and of the Council of 15 November 2006 on information relating to the payer accompanying transfers of funds (PbEU 2006, L 345).

  • 6 An institution may align customer research on the risk sensitivity to money laundering or terrorist financing of the type of client, business relationship, product or transaction.

  • 7 The first to sixth paragraphs and the eighth paragraph shall not apply to appraisers as referred to in Article 4 (2). Article 1 (a), below 24 ° .

  • 8 An institution shall take risk-based and adequate measures to ensure that the data collected on the persons referred to in the second, third and fourth members are kept up to date.

  • 9 In the case of ministerial arrangements, exemption may be granted from the provisions of the first, second, third or fourth members. An exemption may be subject to restrictions and regulations.

  • 10 Our Minister of Finance may, at the request of an institution, whether for some time or not, grant a waiver from it in the first, second, third, or fourth members. A derogation may be subject to restrictions and regulations.

  • 12 For the purposes of the second paragraph, where the obligation referred to in paragraph 1 is to be applied to an intermediary as referred to in Article 2 (2), Article 1 (a) (14 °) 'client' means the counterparty of the client in the immovable property and rights agreement created by the intermediary of the intermediary, and the rights to which immovable property is subject.


Article 4

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  • 2 By way of derogation from the first paragraph, an institution shall be allowed to verify the identity of the client and, if applicable, the identity of the ultimately interested party while engaging in the business relationship, if necessary is not to disrupt the provision of services and where there is little risk of money laundering or financing of terrorism. In that case, the institution shall verify the identity as soon as possible after the first contact with the client.

  • 3 By way of derogation from the first paragraph, an institution shall be as set out in Article 1, first paragraph, part a, below 5 ° , allow the beneficiary of a policy to be identified and verify the identity after the business relationship has been entered into. In such cases, identification and verification of identity shall take place at or before the time of payment, or at or before the moment when the beneficiary wishes to exercise his rights under the policy.

  • 4 By way of derogation from the first paragraph, a bank as referred to in Article 1, first paragraph, part a, below 1 ° , allowed to open an account before the verification of the identity of the client has taken place, if it ensures that this account cannot be used before the verification has taken place.


Article 5

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  • 3 The first and the second members shall not apply to the cases referred to in the Articles 6 and 7 .

  • 4 A bank is prohibited from entering or continuing a correspondent banking relationship with a shell bank or with a bank known to allow a shell bank to use its accounts.


§ 2.2. Simplified customer due diligence

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Article 6

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  • 1 Without prejudice to: Articles 8 and 9 certain, may be an institution Article 3, first paragraph, fifth paragraph, introductory wording and parts a, b and d to f , and Article 4, first paragraph , omit in respect of the following clients:

    • a. settings as specified in Article 1 (a) (a) (1 °) to (8 °) and (18 °) to (20) , with a seat in the Netherlands or in another Member State;

    • b. an institution as specified in Article 1 (a) (a) (1 °) to (8 °) and (18 °) to (20) , having a seat in a State which is not a Member State, where in that State the institution is subject to legal provisions equivalent to that laid down in the Articles 3 (2) to (5) and (8) , 8, 1st Member , and 9 and supervision of compliance with those requirements;

    • (c) legal persons who have issued securities admitted to trading on a regulated market in a Member State as referred to in Article 1: 1 of the Law on Financial Supervision ;

    • Legal entities having issued securities in a State which is not a Member State are admitted to trading on a market in financial instruments as specified in Article 1: 1 of the Law on Financial Supervision , and which are subject to disclosure requirements corresponding to those of Directive No 2004/109 of the European Parliament and of the Council of the European Union of 15 December 2004 on the harmonisation of transparency requirements applicable to information about issuers whose securities are admitted to trading on a regulated market and to change Directive 2001 /34/EC (PbEU L 390);

    • e. clients who temporarily hold funds on accounts in the name of notaries, lawyers and other independent legal professionals. To the extent that account holders are not established in a Member State, this provision shall apply only where they are subject to legal requirements to prevent the laundering and financing of terrorism which correspond to the requirements of the certain of the provisions of this Act and the information on the identity of the clients on request is available to the institution concerned;

    • f. Dutch public authorities;

    • g. Bodies:

      • 1 °. which are entrusted with public functions under the Treaty on European Union, the Treaties establishing the European Communities or derived Community legislation;

      • 2 °. The identity of which is known;

      • 3 °. the activities and accounting practices of which are transparent; and

      • 4. who are accountable to an institution of the European Communities or to a public authority of a Member State or to the existence of other appropriate procedures for the control of activities.

  • 2 An institution collects enough data to determine whether the first member is applicable to a client.

  • 3 In the case of a general measure of management, categories of clients to which the first paragraph shall apply may be designated.

  • 4 Our Minister of Finance shall designate the States as referred to in paragraph 1 (b).


Article 7

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  • 2 An institution shall collect sufficient information to determine whether the first member is applicable to a product.

  • 3 In the case of a general measure of management, products or transactions to which the first paragraph applies shall be subject to the designation of a product or transaction.

  • 4 For national payment transactions, the amount of € 250 mentioned in paragraph 1 shall be doubled.


§ 2.3. Sharpened client investigation

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Article 8

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  • 1 An institution shall, without prejudice to: Article 3, second, third and fourth paragraphs , enhanced customer inquiries if and according to a business relationship or transaction by nature or in relation to the state where the client is resident or located or his seat has a higher risk of money laundering or funding terrorism With it. Under a ministerial arrangement, categories of business relationships and transactions may be identified which, by their very nature, raise a higher risk of money laundering or terrorist financing.

  • 2 Without prejudice to the first paragraph, where a client is not physically present for the verification of his identity, an institution shall take measures to compensate for the higher risk. The institution may comply with the preceding sentence if:

    • a. The identity of the client verifies by means of additional documents, data or information;

    • b. Assess the documents submitted on authenticity; or

    • c. to ensure that the first payment related to the business relationship or transaction is made in favour or be charged to an account of the client by a bank with a seat in a Member State or in a designated by Our Minister of Finance It shall have an authorisation to operate in that Member State as it is entitled to carry on its holding.

  • 3 Without prejudice to the first paragraph, a bank that enters into, or has entered into, a correspondent banking relationship with a bank in a State which is not a Member State shall ensure that:

    • a. It collects sufficient information about the bank concerned to obtain a complete picture of the nature of its business activities, and on the basis of publicly available information the reputation of the bank and the quality of the supervision that bank shall be assessed;

    • (b) assess the procedures and measures to prevent the laundering and financing of terrorism of the bank concerned;

    • c. if it is a new correspondent banking relationship, the decision to enter into that relationship shall be taken or approved by persons empowered to do so by the bank;

    • (d) the responsibilities of both banks shall be laid down in writing;

    • e. the bank concerned has identified the client and verified his identity and also supervises the clients who have direct access to transit accounts and that it is able to obtain the relevant information on request. provide client data.

  • 4 An institution shall ensure that it has at its disposal risk-based procedures to determine whether the client, the natural person, is intended to Article 3, fourth paragraph, part b , whether the ultimately interested person is a politically prominent person who does not live in the Netherlands or does not have Dutch nationality. Without prejudice to the first paragraph, an institution which enters into, or continues to, a business relationship with, or has carried out, a transaction for a client to which the first sentence applies shall also ensure that:

    • (a) the decision to enter into that relationship, or the conduct of that transaction, is taken or is approved by persons empowered to do so by the institution;

    • b. It shall take on risk-based and adequate measures to determine the source of the ability of the politically exposed person and the funds used in the business relationship or transaction; and

    • c. it exercises continuous control over the business relationship.

  • 5 If the client, the natural person, is intended to Article 3, fourth paragraph, part b , whether the beneficial person becomes, or appears to be, a politically prominent person during the business relationship, the institution shall comply with the fourth paragraph within a reasonable period.

  • 6 Under ministerial arrangements, exemption may be granted from the fourth or fifth member to the question of persons residing in the Netherlands.

  • 7 Our Minister of Finance may, at the request of an institution, whether for some time or not, waive the fourth or fifth member of the institution in respect of persons residing in the Netherlands. A derogation may be subject to restrictions and regulations.


Article 9

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  • 1 Without prejudice Article 8, first paragraph , under Ministerial Regulations, institutions designated by that scheme may take special measures with regard to clients resident or established or having their registered office in States designated under that scheme, strategic weaknesses in the prevention of money laundering and financing of terrorism, their final stakeholders or natural persons, Article 3, fourth paragraph, part b , or transactions, business relationships, and correspondent banking relationships related to those states. In the scheme, a distinction can be made by category of institution.

  • 2 As special measures relating to clients who are resident or established or have their registered office in a State designated under the first paragraph, their final stakeholders or the natural persons referred to in Article 2 of the Treaty. Article 3, fourth paragraph, part b , they may be designated:

    • a. collect additional information about those clients and ultimately stakeholders, including information relating to the purpose and nature of the business relationship, the origin of the funds raised in the business relationship or the transaction be used and the source of the assets of those clients and of those ultimately interested parties;

    • b. Increased frequency of updates of data on those clients and those ultimately stakeholders;

    • c. reinforced control of the business relationship with and transactions of those clients;

    • d. collect additional information concerning the background and rationale for the intended or executed transactions of those clients;

    • e. measures to be adopted by general management of measures aimed at controlling or limiting risks related to those clients and, in the end, stakeholders.

  • 3 As special measures relating to transactions, business relations and correspondent banking relationships related to a State designated pursuant to the first paragraph may be designated:

    • a. tightened control of those transactions, business relationships, and correspondent banking relationships;

    • b. limitation of those transactions, business relationships, and correspondent banking relationships;

    • c. do not carry out those transactions and end those business relationships and correspondent banking relationships;

    • d. To designate, in the case of a general measure, measures designed to control or limit risks related to those transactions, business relationships and correspondent banking relationships.


§ 2.4. Outsourcing of customer due diligence

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Article 10

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  • 1 An institution may examine the customer due diligence Article 3, first paragraph In so far as it relates to subparagraphs (a), (b), (c), (e), (f) and (g), paragraphs (a), (b), (c) and (e), or the fourth paragraph, of points (b), (b), (c), (d), (f) and (g) of that Article, to be carried out by a third party, without prejudice to the provisions of the its obligation to comply with the provisions of those parts.

  • 2 If the subcontracting referred to in paragraph 1 has a structural character, the institution shall issue the contract in writing.


§ 2.5. Documents that can be used for authentication of identity

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Article 11

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  • 1 If the client, the institution of a trust, the trustee of a trust, the member of a liability company or the person is a natural person in the management of the liability company, his identity shall be verified by the client. hand of documents, data or intelligence from a reliable and independent source. Under ministerial arrangements, documents, data or information may be identified on the basis of which it can be satisfied that the previous sentence of the previous sentence is satisfied.

  • 2 If the client, the institution of a trust, the trustee of a trust, the member of a liability company or the person responsible for the management of the person company, is a legal person established under Dutch law and in the Netherlands has its seat or is a foreign legal person established in the Netherlands, its identity shall be verified by means of documents, data or intelligence from a reliable and independent source. Under ministerial arrangements, documents, data or information may be identified on the basis of which it can be satisfied that the previous sentence of the previous sentence is satisfied.

  • 3 If the client, the institution of a trust, the trustee of a trust, the partner of a liability company or the person responsible for the management of the partnership is a foreign legal person who is not established in the Netherlands, the identity shall be verified on the basis of reliable and regular documents from independent sources, data or intelligence, or on the basis of documents, data or intelligence provided by law as valid for use in the Identification has been recognised in the client's state of origin, the institution of a trust, the trustee of a trust, a member of the company or the person responsible for the management of the partnership.

  • 4 By ministerial arrangement rules may be established with regard to verifying the identity of clients who are not covered by the first to the third member.

Chapter 3. Provisions relating to the reporting of unusual transactions

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§ 3.1. The Financial Intelligence Unit

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Article 12

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  • 1 There is a Financial Intelligence Unit.

  • 2 The Financial Intelligence Unit is the responsible authority as intended in the Regulation No 2006 /1781/EC information on the payer to be added to the European Parliament and to the Council in the case of transfers of funds.

  • 3 The general management, organization and management of the Financial Intelligence Unit are vested in our Minister of Justice.

  • 4 Appointment, suspension and dismissal of the Head of the Financial Intelligence Unit shall be carried out by Royal Decree on the proposal of Our Minister of Justice, in agreement with our Minister of Finance.

  • 5 Our Minister of Justice determines, in agreement with our Minister of Finance, the budget of the Financial Intelligence Unit.


Article 13

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The Financial Intelligence Unit shall, in order to prevent and detect the laundering and financing of terrorism, be responsible for:

  • (a) collect, register, edit and analyse the data it obtains, in order to examine whether such data may be relevant for the purpose of preventing and detecting criminal offences;

  • b. the provision of personal data and other data in accordance with this law and whether to comply with or under the Police Data Act Certain;

  • c. an institution notices the receipt of a notification by that institution, the receipt of further information or information provided by that institution, as well as trends and phenomena that come forward from notifications received, and the significance of a notification by that institution for the prosecution of criminal offences, as appropriate, by the public prosecutor;

  • d. conduct research on developments in the laundering and financing of terrorism and on the improvement of methods to prevent and detect money laundering and financing of terrorism;

  • (e) to make recommendations to the industries concerning the introduction of appropriate procedures for internal control and communication and other measures to be taken to prevent the use of those industries for money laundering and financing of terrorism;

  • f. to provide information on the prevention and detection of money laundering and financing of terrorism in:

    • 1 °. the sectors and occupational groups;

    • 2 °. persons covered by Article 24 Have been entrusted with the supervision of compliance with this Act;

    • 3 °. the public prosecutor and the other officials responsible for the investigation of criminal offences;

    • 4 °. the public;

  • g. to provide information on the reporting behaviour of the institutions to those persons who Article 24 Have been entrusted with the supervision of compliance with this Act;

  • h. maintaining contacts with foreign government designated bodies having a similar task as the Financial Intelligence Unit;

  • (i) the annual report of a report on the exercise of duties and its activities in the previous year and its intentions for the coming year, which shall be submitted to our Minister of Justice and notified to the Commission of the Our Minister of Finance.


Article 14

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  • 1 In the case of the Financial Intelligence Unit, personal data may be processed for the purpose of the task, referred to in Article 13 .

  • 2 In the case of a general measure of management, rules shall be drawn up on the categories of persons on which the Financial Intelligence Unit processes data, the provision of data and links to other collections of personal data, detention and storage of personal data. destruction of data and the obligation to protocol.


§ 3.2. Reporting Obligations

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Article 15

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  • 1 In the case of a general measure of management, the assessment of whether a transaction is considered to be an unusual transaction shall be established by reference to any type of transaction to be determined by the different categories of transactions to be identified.

  • 2 If the urgency so requires, the indicators referred to in paragraph 1 may be laid down jointly by our Minister of Finance and our Minister of Justice for a maximum period of six months.


Article 16

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  • 1 An institution shall notify the Financial Intelligence Unit of an unconventional transaction carried out or planned without delay after its unusual character has become known.

  • 2 In the case of a notification referred to in paragraph 1, the institution shall provide the following information:

    • a. the identity of the client, the identity of the beneficial stakeholders, the identity of the natural persons, meant in Article 3, fourth paragraph, part b , and, to the extent possible, the identity of the person for whom the transaction is to be carried out;

    • b. the nature and number of the identity document of the client and, as far as possible, of the other persons referred to in subparagraph (a);

    • c. the nature, timing and location of the transaction;

    • d. the size and the destination and origin of the funds, securities, precious metals or any other values involved in the transaction;

    • e. the circumstances under which the transaction is considered to be unusual;

    • f. a description of the relevant cases of high value in the case of a transaction exceeding € 15 000;

    • g. to designate additional, in the case of a general measure of administration, data.

  • 3 By way of derogation from the second paragraph, an appraiser shall, as a result of Article 1 (a), below 24 ° , the information referred to in the second paragraph in so far as it has it, as well as a description of the immovable property and rights in respect of which immovable property is subject.

  • 4 The notification requirement of the first paragraph shall apply mutatis mutandis if:

    • a. A client investigation as specified in Article 3, first paragraph , doesn't lead to it in Article 5, first paragraph, part b , as a result, or to the implementation of the measures referred to in Article 3 (b) (a), and there are also indications that the client concerned is involved in the laundering or financing of terrorism;

    • b. A business relationship is terminated by Article 5, second paragraph , and there are also indications that the client in question is involved in the laundering or financing of terrorism.

  • 5 An institution shall, in addition to the information referred to in paragraph 2, provide a description of the reasons for which the fourth member is applicable, in the case of a notification pursuant to paragraph 4.


Article 17

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  • 1 The Financial Intelligence Unit may, for the purpose of the performance of its mission, as referred to in Article 13 (b) , with the institution which has notified it, as well as to the institution involved in a transaction for which the Financial Intelligence Unit has collected data, request further information.

  • 2 The institution to which this information or information has been requested in accordance with the first paragraph shall provide the Financial Intelligence Unit within the Financial Information Unit, in writing as well as in cases of urgency, to the time limit set.


Article 18

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The Financial Intelligence Unit determines the manner in which a notification is to be made, or data or intelligence as referred to in Article 17, first paragraph , must be provided.


§ 3.3. Indemnification

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Article 19

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  • 1 Data or information in accordance with the requirements of the Articles 16 or 17 In good faith, they cannot serve as a basis for or for the purposes of an investigation or a prosecution for suspicion of, or as evidence of, charges for money laundering or financing terrorism by the institution which provided such information or information.

  • 2 Data or intelligence provided in the reasonable assumption that execution is given to the Articles 16 or 17 cannot serve as a basis for, or for the benefit of, an investigation or prosecution for suspicion of, or as evidence of, indictment on the grounds of infringement of Article 272 of the Code of Criminal Law by the institution which provided such data or information.

  • 3 The first and second paragraphs shall apply mutatis mutandis to persons working for an institution providing data or information as defined in the first or second paragraph and which have cooperated in such an institution.


Article 20

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  • 1 An institution based on the Article 16 a notification has been made or has been reported on Article 17 to provide further information in the reasonable assumption of such articles, shall not be liable for any damage suffered by a third party of the same kind.

  • 2 The first paragraph shall apply mutatis mutandis to persons working for an institution which has made a notification or has supplied information as defined in the first paragraph and which have cooperated in such communication.


§ 3.4. The Commission on the reporting obligation of unusual transactions

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Article 21

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  • 1 There is a Commission on the reporting obligation of unusual transactions.

  • 2 The committee shall be held periodically in consultation with the representatives of our Minister of Justice and of our Minister of Finance on:

    • (a) the establishment and implementation of the reporting obligation;

    • b. the identification of the indicators specified in Article 15 .

  • 3 In the case of ministerial arrangements, rules shall be laid down concerning the composition and organisation of the committee.


§ 3.5. Confidentiality

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Article 22

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  • 1 It is the responsibility of any person who, by virtue of the application of this Law or of acts adopted under this Law, carries out or has prohibited any information or information which has been provided or received by virtue of that law, or of a have been received, further, or otherwise known, as a foreign supervisory authority, or otherwise known for the purpose of the exercise of its task or is required by this law.

  • 2 A supervisor shall be empowered by derogation from the first member to provide information or intelligence, which has been provided or received pursuant to this Act or received from a foreign supervisory authority, to another supervisor or to a foreign supervisory authority, unless:

    • (a) the purpose for which the data or intelligence is to be used is not sufficiently defined;

    • (b) the intended use of the data or intelligence does not fit within the framework of the supervision of legislation to prevent money laundering and financing of terrorism;

    • c. the provision of the data or intelligence would not be tolerated with the Dutch law or the public policy;

    • (d) the confidentiality of data or intelligence is not guaranteed to a sufficient extent;

    • e. the provision of the data or intelligence is, or could be, reasonably contrary to the interests which this law seeks to protect; or

    • f. Insufficient guarantee that the data or intelligence will not be used for any purpose other than the one for which it is provided.

  • 3 In so far as the data or intelligence referred to in paragraph 2 is obtained from a foreign supervisory authority, a supervisor shall not provide it to any other supervisor or to any other foreign supervisory authority. Unless the foreign surveillance authority whose data or information has been obtained has expressly agreed to provide the data or intelligence and, where appropriate, has agreed to use it for the purposes of a purpose other than that for which the data or information have been provided.

  • 4 If a foreign supervisory authority requests that data or information from the supervisor providing the data or information, to use that data or intelligence for any purpose other than the one for which it was they have been provided, the supervisor shall grant that request only in:

    • a. if the intended use is not contrary to the second or third member, or to the extent that that regulatory body provides otherwise than in this Act from the Netherlands, having regard to the relevant legal procedures for such use; the other purpose of the decision as to the information or intelligence of the data, and

    • b. after consultation with our Minister of Security and Justice if the application referred to in the introductory sentence relates to an investigation into criminal offences.

  • 5 The first paragraph shall not affect the applicability of the provisions of the first paragraph in respect of the person to whom the first paragraph applies. Code of Criminal Procedure .


Article 23

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  • 1 An institution and the persons working for an institution shall, except in so far as it results from the need for publication, be liable to secrecy towards any of:

    • a. a notification under Article 16 by that institution;

    • b. Further information provided by Article 17 by that institution;

    • c. given that a notification or provision has given rise to an investigation of money laundering or financing of terrorism or that it is intended to carry out such an investigation;

    • d. consultations on compliance with Article 16 with regard to a transaction.

  • 2 The institution which Article 13 (c) , data or information shall be subject to the confidentiality of such information.

  • 3 Any person who takes knowledge of any information which he knows or has reasonable grounds to suspect that the obligation of professional secrecy laid down in the first or second paragraphs shall be subject to the confidentiality of such information, except as far as it is concerned, This law is the result of the need for publication.

  • 5 The first paragraph shall not apply to communications:

    • 1 °. from an institution to another institution belonging to the same group and established in a Member State or a third country;

    • 2 ° between institutions as defined in Article 1, first paragraph, part a, below 11 °, 12 °, 13 ° and 23 ° , established in a Member State or a third country, carrying out their activities, whether or not as an employed person, within a single legal person or network;

    • 3 °. of an institution as referred to in Article 1, first paragraph, part a, below 1 ° to 3 °, 5 ° to 9 °, 11 ° to 13 ° and 23 ° , to an institution belonging to the same category, to the extent that:

      • (a) the communication relates to a client of both institutions and a transaction involving both institutions;

      • (b) the other institution is established in a Member State or a third country making requirements equivalent to the field of professional secrecy and the protection of personal data;

      • (c) the communication is intended solely for the prevention of money laundering and financing of terrorism.

  • For the purposes of the fifth paragraph, the following definitions shall apply:

    • 1 °. group: a group, as defined in Article 2 (12) of Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate (PbEG 2002, L 35);

    • 2 °. network: the larger structure to which the person belongs and which shares ownership, management and control of compliance with the obligations;

    • 3 °. third country: a state designated by our Minister of Finance where requirements are made equivalent to the requirements of or under this Act and where supervision is exercised to ensure compliance with those requirements.

Chapter 4. Provisions on supervision and enforcement

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Article 24

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  • 1 By decision of Our Minister of Finance and Our Minister of Justice together, individuals may be appointed responsible for overseeing compliance by the institutions of the rules laid down by and under this Act.

  • 3 The Netherlands Bank N.V. and the persons designated for that purpose by decision of De Nederlandsche Bank N.V. are entrusted with the supervision of compliance with the Regulation No 2006 /1781/EC information on the payer to be added to the European Parliament and to the Council in the case of transfers of funds.

  • 4 The Foundation for Financial Markets and the persons designated for that purpose by decision of the Foundation for Financial Markets have been entrusted with the supervision of compliance with Regulation (EU) No European Commission of 12 November 2010 on timing, management and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003 /87/EC of the European Parliament and of the Council establishing a set of greenhouse gas emission allowances Scheme for greenhouse gas emission allowance trading within the Community (PbEU L 302).

  • 5 By way of derogation from paragraph 1, supervision of compliance with or under this law by notaries, added notaries and candidate notaries, persons assigned to or under the law of the Member State, shall be responsible for monitoring compliance with the provisions of this law. Law on notarial office have been entrusted with the task of monitoring compliance with the compliance with or under that law. Article 111a, third paragraph, of the Law on Notation shall apply mutatis mutandis.

  • 6 By way of derogation from the first member, he is charged with supervising compliance with or under this Act by lawyers, persons who are at or under the law Law of law have been entrusted with the task of monitoring compliance with the compliance with or under that law. Article 45a, third paragraph, of the AdvocateAct shall apply mutatis mutandis.

  • 7 A decision to designate under paragraph 1 shall be communicated by the State Official Gazette.

  • 8 By ministerial arrangement, banks belonging to a group of banks that are permanently affiliated with a central credit institution which controls the business and subcontracting of those banks may be exempted from the supervision of the banking system. by De Nederlandsche Bank N.V. upon compliance with this Act, where the central credit institution supervises that group of banks and is sufficiently empowered to give such instructions to those banks for compliance with this law. This exemption may be subject to restrictions and regulations.


Article 25

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If the persons entrusted with the statutory supervision of institutions discover facts which may indicate money laundering or terrorist financing, they shall, if necessary by way of derogation from the applicable legal act, inform the Commission of the Confidentiality provisions, the Financial Intelligence Unit.


Article 26

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Article 27

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Article 28

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  • 1 In the case of a general measure of management, rules relating to the exercise of competence shall be laid down in the Article 27, first paragraph .

  • 2 The amount of the administrative fine shall be determined by a general measure of management, with the exception that the administrative penalty for a separate infringement shall not exceed € 4 000 000. If no five years have elapsed since the offence has been committed since the imposition of an administrative fine on the offender for the same offence, the amount of the administrative penalty, as referred to in the first sentence, shall be paid, doubled for a separate violation.

  • 3 The general measure of management, referred to in paragraph 2, shall determine the amount of the administrative penalty to be imposed on each infringement specified therein. The offences shall be classified in categories according to the gravity of the offence with the basic amounts, minimum amounts and maximum amounts. In addition, the following format is used:

    Category

    Basic amount

    Minimum amount

    Maximum amount

    1

    € 10 000,-

    € 0,-

    € 10 000,-

    2

    € 500 000,-

    € 0,-

    € 1 000 000,-

    3

    € 2 000 000,-

    € 0,-

    € 4 000 000,-

  • 4 By way of derogation from the second and third paragraphs, our Minister of Finance may fix the amount of the administrative fine at most twice the amount of benefit the offender has obtained by the offence if his advantage is is greater than € 2 000 000.

  • 5 By way of derogation from the first sentence of the second paragraph, and the third paragraph, the administrative penalty for an offence arranged in the third category, referred to in paragraph 3, shall be the penalty if the penalty is imposed on a bank or on an infringement of the third paragraph. investment firm within the meaning of a Regulation on capital requirements, or, where the bank or investment firm is a legal person, and where that is more, up to 10% of the turnover in the preceding financial year. Article 1:81, fourth and fifth member, of the Financial Supervision Act shall apply mutatis mutandis.


Article 28a

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In the event of an infringement arranged in the third penalty category, intended in Article 28, third paragraph , committed by a bank or by an investment firm within the meaning of the Capital Requirements Regulation, the Articles 1:75 , 1:87 and 1:94 of the Financial Supervision Act applicable mutatis mutandis.


Article 28b [ Expat per 01-07-2009]

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Article 28c [ Expat per 01-07-2009]

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Article 28d [ Expat per 01-07-2009]

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Article 28e [ Expet per 01-07-2009]

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Article 28f [ Expired by 01-07-2009]

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Article 28g [ Expat per 01-07-2009]

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Article 29

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Our Minister of Finance, the blanket, meant in Article 45g, 1st paragraph, of the AdvocateAct and the Financial Supervision Office, referred to in Article 110, first paragraph, of the Law on notarial office may recover the periodic penalty payment and administrative penalty in the case of a warrant.


Article 30 [ Verfall by 01-01-2013]

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Article 31

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  • 1 The powers conferred by the Minister of Finance on the basis of this Chapter may be transferred to persons who are responsible for the exercise of a general measure of management. Article 24, first paragraph -It's been designated. As a result, the obligations under this chapter will be applied to our Minister of Finance as obligations towards the person concerned.

  • 2 The transfer referred to in paragraph 1 may be subject to restrictions and shall be subject to rules.


Article 32

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If an institution fails to comply with its obligations under the Articles 2 , 2a, first and second members , 3, first to fifth, eighth and tenth member , 4, first paragraph, second paragraph, second sentence, third paragraph, second sentence, and fourth member , 5, first, second and fourth members , 6, second paragraph , 7, second paragraph , 8, first to fifth and seventh members , 9, 1st Member , 10, second paragraph , 11 , 16, first to fifth paragraphs , 17, second paragraph , 23, first to third members , 32 , 33 , 34 , 35 and 38, first, second and fourth members , of this law, Article 5:20 of the General Administrative Law -the provisions of Regulation (EC) No 2006/1781 of the European Parliament and of the Council of the European Union of 15 November 2006 relating to information on the payer accompanying transfers of funds (PbEU 2010, L 345) and the provisions of Regulation (EU) No 248/2006 (OJ 2006 L 97, p. 1). European Commission of 12 November 2010 on timing, management and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003 /87/EC of the European Parliament and of the Council establishing a set of greenhouse gas emission allowances Scheme for greenhouse gas emission allowance trading within the Community (PbEU 2010, L 302), can be the subject of Article 24, first paragraph , designated person or the person referred to in Article 24, fifth or sixth member, by giving an indication to the institution within one person designated by Article 24, first paragraph, or the person referred to in Article 24, fifth the person referred to in the sixth paragraph of this Article to follow a specific line of conduct.

Chapter 5. Provisions relating to the storage of supporting documents and training

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§ 5.1. Data relating to customer due diligence

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Article 33

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  • 1 An institution that has identified a person and authenticated his identity pursuant to this Act, or whose client has been introduced in accordance with the procedure of Article 5 , shall record the following information in a demand-making process:

    • a. of natural persons:

      • 1 °. the generic name, the surname, the date of birth, the address and place of residence or the place of establishment of the client and of the person acting on behalf of that natural person or a copy of the document containing a person identifying the person who is the person who is the person to whom he is responsible. the identification number and the number of the identification and the identification of the identification number;

      • 2 °. the nature, number and date and place of issuance of the document with the aid of which the identity was verified;

      • 3 °. the nature of the provision of services;

    • b. Legal persons established under Netherlands law:

      • 1 °. legal form, statutory name, trade name, address with house number, postal code, place of establishment, country of registered office and, where the legal person is registered with the Chamber of Commerce, the registration number at the time of registration of the registered office, the name of the registered office or the registered office. Chamber of Commerce and the manner in which identity has been verified;

      • 2 ° from those acting for the legal person to the institution: the generic name, the first names and the date of birth;

      • 3 °. the nature of the provision of services;

    • c. from foreign legal persons:

      • 1 °. the information contained in the documents by which the identity was verified;

      • 2 ° from those acting for the legal person to the institution: the generic name, the first names and the date of birth;

      • 3 °. the nature of the provision of services;

      • 4. the address with house number, the postal code, the place of establishment and the country of registered office;

    • d. if applicable, the identity of the ultimately stakeholder and the manner in which this identity has been verified.

  • 2 Where a client acts as a trustee, an institution shall, where applicable, also demand, retrievably, the following information from the insters, the trustees and the final stakeholders:

    • 1 °. in the case of natural persons, the data referred to in paragraph 1 (a) (1 °) and (2);

    • 2 °. in the case of legal persons set up under Netherlands law: the information referred to in paragraph 1 (b) (1) and (2);

    • 3 °. in the case of foreign legal persons, the information referred to in paragraph 1 (c) (1) and (2).

  • 3 If a client acts as a member of a liability company, an institution shall also, where applicable, also demand that the following information be taken from the members of the company, the persons responsible for the management of the liability company. and the persons referred to in Article 3, fourth paragraph, part b :

    • 1 °. in the case of natural persons, the data referred to in paragraph 1 (a) (1 °) and (2);

    • 2 °. in the case of legal persons set up under Netherlands law: the information referred to in paragraph 1 (b) (1) and (2);

    • 3 °. in the case of foreign legal persons, the information referred to in paragraph 1 (c) (1) and (2).

  • 4 An institution shall keep the information referred to in paragraphs 1 to 3 above in an accessible manner for a period of five years from the date of termination of the business relationship, or five years after the date of completion of the transaction in question.


§ 5.2. Data relating to an unusual transaction

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Article 34

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An institution shall keep the data referred to in Article 16, second paragraph , and record them in such a way that they are retrievable and that the transaction in question is reconstructed for five years from the date of the notification.


§ 5.3. Training

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Article 35

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An institution shall ensure that its employees are known, as far as relevant to the performance of their duties, with the provisions of this law and periodically enjoy training that will allow them to perform an unusual transaction. recognize and perform a full and complete client study.

Chapter 6. Transitional and final provisions

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Article 36

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The legal validity of a legal act governed by private law of an institution as referred to in Article 1, first paragraph, part a, below 1 ° , which has been carried out in contraa with the rules laid down in or under this law is not such as to make it possible to act as such.


Article 37

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A waiver granted on the basis of Article 2 (6) of the Act on identification of the provision of services , is based on the date of entry into force of this Act. Article 3, 10th paragraph .


Article 38

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  • 1 With respect to clients already identified under the Provision of Service Identification Act, or in respect of whom no obligation to identify under that Act was required, as well as, where appropriate, the trust to which they act, an institution shall carry out the customer due diligence of the Article 3, first paragraph , in the following cases within the time limit specified after the date of the royal decree:

    • a. Six months in the case of clients on which Article 9 is applicable;

    • b. A year in the case of clients on which Article 8, first paragraph , applies or where the institution is aware that Article 8, paragraph 4, applies;

    • c. Two years in the case of clients who are not subject to parts a and b and who are legal persons with a seat outside the Netherlands or acting for the benefit of a trust;

    • d. On the occasion of the first occasion in the case of customers, the parts (a) to (c) not applicable.

    The Articles 6 , 7 and 8, 4th Member , shall apply mutatis mutandis.

  • 3 Data from the persons referred to in paragraph 1 which are already on the basis of the Law identification of services be determined, shall be deemed to have been committed under this law.

  • 4 Without prejudice Article 8 (4) , an institution shall ensure that a person referred to in Article 8 (4) (a) (a), (a), decides on the continuation of the business relationship with clients as referred to in the first paragraph.


Article 39

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A charge of periodic penalty payment or administrative penalty imposed on violation of a prescription at the time of entry into force of this Act, stated at or under the Law identification of services or the Unusual Transactions Act , is considered a burden under penalty payments or administrative penalty as specified in Article 26 Other 27 .


Article 40

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Objection or appeal, brought before the date of entry into force of this Law against a decision on the basis of the Law identification of services or the Unusual Transactions Act , the law shall continue to apply before the date of entry into force of this Act.


Article 41

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  • 3 On an administrative penalty as referred to in paragraph 2, the duty applicable shall remain valid before the date of entry into force of this Act.


Article 42

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An indication given on the basis of Article 17u of the Act Notification unusual transactions , from the date of entry into force of this Act, it shall be regarded as a designation in accordance with Article 32 .


Article 42a

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The Articles 19 , 20 , 22 , 23 and 33 to 35 shall apply mutatis mutandis to a platform for the auctioning of allowances.


Article 43

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the Money Transaction Offices Act.]

Article 44

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law on Economic Crimes.]

Article 45

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Promotion Integrity Assessers Act by the Public Administration.]

Article 46

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the Law at the Central Bureau of Statistics.]

Article 47

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Supervisory Trust Offices Act.]

Article 48

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Amendments to the Law on International Assistance in the Charge of Taxation.]

Article 48a

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Article 48b

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the General Law on Public Taxes.]

Article 48c

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Amendments to the Invording Act 1990.]

Article 48d

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law on the Pay Tax 1964.]

Article 48e

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Labor Conditions Act.]

Article 48f

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Article 49

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The Law identification of services and the Unusual Transactions Act shall be withdrawn.


Article 50

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This Law shall enter into force on a date to be determined by Royal Decree.


Article 51

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This law is cited as: Law on the prevention of money laundering and financing of terrorism.

Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and officials, who so concern, will keep their hands on the precise execution,

Given at Tavarnelle, 15 July 2008

Beatrix

The Minister of Finance, a.i.,

A. Rouvoet

The Minister of Justice,

E. M. H. Hirsch Ballin

Published the twenty-ninth July 2008

The Minister of Justice,

E. M. H. Hirsch Ballin


Annex as intended: Article 28 of the Law on the Prevention of Laundering and Financing of Terrorism [ Expandes by 01-08-2009]

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