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Meldplicht

Meldportaal

Meldplicht

As a trader, when am I obliged to conduct client screening?

Under the Money Laundering and Terrorist Financing (Prevention) Act, you have the obligation to carry out thorough and risk-oriented screening of the party with whom you are conducting business. As a trader, you conduct client screening with every cash payment of € 15,000 or more. It is not permitted to provide services to anonymous clients. Client screening comprises, among other things, establishing and recording the client's identity. Client screening enables you to supply the identity information and other information of the client involved in the transaction when you report an unusual transaction.

For more information on how to conduct client screening, please contact the Supervision Office of the Tax and Customs Administration. This supervisory body monitors compliance with the Money Laundering and Terrorist Financing (Prevention) Act among traders and it has drawn up guidelines for identification and verification of clients.

I am registered as a reporting entity but belong under several reporting categories. Can I make all reports under my single registration as reporting entity for FIU-the Netherlands?

No, in pursuance of the applicable legislation, you have to be registered as a reporting entity separately for each 'capacity'. 

If, for instance, you are an estate agent and a valuer, then it depends on the capacity in which you make a report. In this case, you need to have two registrations with FIU-the Netherlands, one as an estate agent and one as a valuer. If you identify a reportable transaction during your activities as a valuer, then you should report as a valuer, if the same happens during your estate agent activities, then you should report as an estate agent.

When an entity with reporting obligation reports an unusual transaction to FIU-the Netherlands, will it be possible for the transaction entities involved to become aware of this through investigative authorities?

A report about an unusual transaction is stored in a protected database at FIU-the Netherlands. Even the police do not have access to this database. Not until the report has been investigated within FIU-the Netherlands and there appear to be enough reasons to consider the transaction suspicious, will the suspicious transaction be forwarded to Blueview. The suspicious transaction is police information, which the investigative authorities have access to.

Law enforcement can use the suspicious transaction information in several ways. The Public Prosecution Service has indicated that it will treat the information from the reporting entity with utmost prudence. However, depending on the phase of an investigation and the objective, the suspicious transaction information can form an important part of the evidence and the investigators may contact one of the transaction entities on the instructions of the competent authorities.

What are PEPs and is there a list of PEPs available?

PEP means Politically Exposed Person. To define the notion of PEP, the Money Laundering and Terrorist Financing (Prevention) Act (of 1 January 2013) refers in Section 1(1), under e, to the Implementing directive. Section 2 of the Implementing directive refers to 'natural persons who are or have been entrusted with prominent public functions’. Furthermore, the Implementing directive states that a PEP's immediate family members and close associates also come under the definition. If a person has not exercised the function referred to in the Implementing directive for more than a year, then he/she is no longer a PEP. There is no official list of PEPs.

See also: http://www.fatf-gafi.org/topics/fatfrecommendations/documents/peps-r12-r... and http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0070:N....

I am an entity with an obligation to report and my client performs cash transactions. Should I report this?

The fact that your client performs cash transactions is in itself not a reason to report. If you suspect that the nature of these cash transactions is unusual, this may be a subjective indicator giving rise to the suspicion that money laundering (or terrorism financing) is involved, and you will have to submit a report.

Please note: All traders (“traders in high-value goods” and “other traders”) have to conduct client screening when they sell goods that are paid for in cash amounting to € 15,000 or more. All traders have a subjective duty to report if the cash payment for the sale amounts to € 15,000 or more and the trader suspects that the transaction is connected with money laundering or terrorism financing. In the report, this suspicion has to be explained. Only "traders in high-value goods " have an objective duty to report if the cash payment for a sale is equal to € 25,000 or more. Such transactions must always be reported, irrespective of the facts and circumstances.

I am an entity with an obligation to report and so is my client. If I encounter an unusual transaction in the records, do I have to report this transaction myself as well?

If your client also has an obligation to report (for instance, as a car dealer or a jeweller), you will have to check if your client has already reported the transaction on the basis of his/her obligation. If it has been reported, we recommend that you keep a copy of the report and of the acknowledgement of receipt of the report in your records. If your client has not reported, you will have to inform your client – in a general sense – about the existence of the duty to report. If there are signs that your client (in this case, the car dealer or jeweller) is, accidentally or on purpose, not complying with the obligation to report, you will have to make a report about your client yourself. In fact, deliberately failing to report may be a subjective indicator giving rise to the suspicion that money laundering (or terrorism financing) is involved. Section 23 of the Money Laundering and Terrorist Financing (Prevention) Act, which deals with secrecy, refers to information that must be kept secret. Indicating whether a report has or has not been made at the request of another reporting entity, is not the purpose of this secrecy provision.

Does the Money Laundering and Terrorist Financing (Prevention) Act also apply to tax fraud?

Yes, it does, because it makes no difference whether "black" money has been earned with legal trade; the fact that the money is not revealed to the tax authorities, for instance by making a false income tax return (= forgery of documents) constitutes a criminal offence. Tax fraud is a special criminal offence that is viewed as a basic crime within the meaning of the money laundering provisions and falls under the scope of the ‘all crimes approach'. The Criminal Code provides that the object must proceed from SOME crime, which means that it is not limited to crimes mentioned in the Criminal Code.

 

If a client is already the subject of a criminal investigation, and the entity with the obligation to report has a subjective indication of an unusual transaction in which the client is involved, should the entity still report the transaction?

Yes, the system of indicators even expressly names this principle for all reporting groups: ‘Furthermore, it stands to reason that transactions that are reported to the police or the Public Prosecution Service on account of money laundering, are also reported to the Office for the Disclosure of Unusual Transactions, because there is a suspicion of money laundering.'

As a trader, should I report a transaction if the payment is partially made by funds transfer?

If the total amount exceeds € 25,000, but if only part of it is paid in cash, you only need to report if the cash payments amount to € 25,000 or more. If this is the case, it is not necessary to report the part payment that has been made by funds transfer or with a debit card. although you are requested to mention the total invoice amount in the transaction description.

As a trader, do I have to report a transaction if several payments have been made that total more than € 25,000?

Yes, this is possible. Various situations may occur in which several payments concern the same transaction. You have to report these 'composite transactions'. See the following examples:

-If cash part payments are made for the purchase of one item (for instance, the down payment and the payment on delivery of an item), you have to add up the cash payments and if the total exceeds € 25,000, you have to report this composite transaction.

-A cash payment is made for, for instance, the purchase of several vehicles. Even if the cash amount paid for each vehicle amounts to less than € 25,000, but the payment is made in one go, you should total these amounts and report this composite transaction.

-If a purchaser makes several cash payments for the purchase of goods in a certain period, these amounts may only be totalled if there is a clear connection between these transactions.

How does the reporting threshold of € 25,000 relate to the legal section in which the threshold is set at € 15,000?

The different thresholds concern the fact that traders can report on the basis of objective or subjective indicators.

A subjective obligation to report applies to both “traders in high-value goods” and “other traders”, if the cash payment for a sale amounts to € 15,000 or more and the trader suspects that the transaction is connected with money laundering or terrorism financing.

Only "traders in high-value goods" have an objective obligation to report if the cash payment for a sale amounts to € 25,000 or more. Such transactions must always be reported, whether or not the trader suspects money laundering or terrorism financing.

What happens if I fail to comply with my obligation to report?

Please click here for a comprehensive explanation in respect of failure to report.

Which countries have been designated high-risk countries by the FATF?

The Financial Action Task Force set three times a year a list of countries that have implemented the FATF recommendations insufficiently. This is called the 'black list'. A list of risk countries is available on the FATF website.

 

Do I have to report an intended (but not completed) unusual transaction?

Yes, an intended transaction also falls under the scope of the Money Laundering and Terrorist Financing (Prevention) Act, and if you suspect it is unusual, you must report it to FIU-the Netherlands. So it is not always necessary for a transaction to have been completed. This is the case, for instance, when a client cancels a transaction without giving a plausible reason.

When is a transaction unusual?

The obligation to report pursuant to the Money Laundering and Terrorist Financing (Prevention) Act is specified by means of reporting indicators. An unusual transaction must be reported to FIU-the Netherlands if it meets one or more indicators. Each reporting group has specific obligations. You can consult the list of indicators to see which indicators apply to your reporting group.

How can I report an unusual transaction to FIU-the Netherlands?

Please click here for a comprehensive explanation of the reporting procedure.

Meldportaal

I cannot find the transaction number mentioned in the Dissemination Notification in my records. How is that possible?

This is connected with the introduction of the new system at FIU-the Netherlands on 14 May 2011. That is why transactions you reported before 14 May 2011 are recorded in a different way. The transaction number is made up of the number you specified and a number that you do not know. The transaction number includes the letter ‘f’. You can find the report in your own records by looking for the digits preceding the letter ‘f’.

You encounter for instance the following message in your Message Board:

The following transaction(s) reported by you are being disseminated: Transaction # 1234f56789

To find the report concerned in your records, use the digits 1234 (preceding the ‘f’). You can ignore the digits following 'f'. If you have any questions, please contact the Service desk (+31 (0)88-6629500 or by e-mail).

I have a message in my Message Board with the title ‘Dissemination Notification’. What does it mean?

This means that the unusual transaction you reported has been declared suspicious by FIU-the Netherlands. By the transaction number in the message you can see which message is involved.

How can I adjust a rejected report?

To correct your reporting form, you can use the rejected report, so that you do not need to complete the reporting form again. 

How can I save my report in PDF format?

You can opt for printing to PDF in your printer settings. If you do not have this option, you can download a PDF creator from Internet.

Is it possible to receive a PDF file of every report?

You receive our acknowledgement of receipt in PDF format in your Message Board. This document only contains the XML filename that you have uploaded. Creating and storing a PDF file containing the contents of the report is your own responsibility.

Why can I no longer print or save my report 24 hours after I submitted it?

For reasons of security, the content of your report is removed from the Reporting portal after 24 hours. After that, you will see a summary of your report.

How can I report a money transfer with natural persons?

Under “Transaction”, select the option Money transfer. Subsequently, fill in the transaction data and save them. The payer and the payee are now displayed under the transaction data in the screen. Choose a person as payer. After you have entered all data, save them and return to the transaction. Subsequently, choose a person as payee and enter the data. After saving, you can send the report.

How should I write amounts?

Report the amounts without decimals. You do not need to use a dot or comma as thousands separator.

Report the amounts without decimals. You do not need to use a dot or comma as thousands separator.

As a banking entity, you should provide the SWIFT or institution code. Depending on the code, you have to check the Swift option or entity code.

Can I modify the authorisations of other persons in my account?

Yes, you can. As the main reporting person, you can authorise all other reporting individuals at different levels separately in the Reporting portal menu, under “Admin”. You can specify that a person may complete, but not send, a web form. Contact the Service desk (+31 (0)88-6629500 or by e-mail) if you wish support.

Is it possible to register several persons for reporting?

Yes, it is. If you register as the second or third person on behalf of an entity, you have to enter the reporting ID of your reporting entity in the registration form. You can request this reporting ID from the registered user(s). You will receive a confirmation of your registration from FIU-the Netherlands within 3 working days.

I have forgotten my user name and/or password. What should I do?

You can reset these on the logon page of the Reporting portal. If this gives problems, please contact the FIU-the Netherlands Service desk (+31 (0)88-6629500 or by e-mail).

I have not yet received a confirmation of my registration. Can I report nevertheless?

No, you cannot report without this confirmation. Have you completed the entire registration procedure, but not received a confirmation e-mail within five working days? In that case, we request you to contact the FIU-the Netherlands Service desk (+31 (0)88-6629500 or by e-mail).

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