Natural persons, legal entities, or partnerships that in practicing a profession or as part of their business act as an intermediary (broker) in bringing about and closing real estate agreements and agreements concerning rights real estate is subject to, including bringing about and closing rental agreements as referred to in section 7:201 of the Dutch Civil Code in case monthly rent amounts to € 10,000 or more;
According to the Money Laundering and Terrorist Financing (Prevention) Act, real estate agents are required to report unusual transactions. These reports must be submitted to FIU-the Netherlands. You will have to register with FIU-the Netherlands before you submit your first report. FIU-the Netherlands will then provide you with the information you need, and arrange your access to the online reporting portal. You can use the reporting portal to report unusual transactions. FIU-the Netherlands will analyse the reports on a daily basis, and determine what reports will be forwarded to the investigative services.
Reporting indicators have been developed. There are objective indicators and there is a subjective indicator. If your report meets the criteria of an objective indicator, you do not need to assess it further, as in these cases you are required submit a report. But if the report does not fall under an objective indicator, the subjective indicator may apply. In such cases, you have to assess the report yourself, and decide whether the report does indeed fall under the subjective indicator. Please note: it is up to you whether or not to report, but you will be held accountable if you fail to submit a report while you should have.
The following indicators apply to your type of business:
Real estate brokers (estate agent)
- Subjective01 A transaction of which the institution has reason to assume that it may be linked to money laundering or the financing of terrorism.
For a correct subjective assessment of transactions involving persons from countries with an increased risk, FIU-the Netherlands refers you to the high-risk countries designated by the CIE.
- Objective01 It stands to reason that transactions that are reported to the police or the Public Prosecution Service because they are linked to money laundering or financing of terrorism are also reported to the Financial Intelligence Unit, as there is a suspicion that these transactions are linked to money laundering and financing of terrorism.
- Objective07 A transaction of €10,000 or more, paid to or by mediation of the institution in cash, with bearer checks, a prepaid card, or similar payment instruments.
(*)For intermediaries involved in bringing about and closing rental agreements, these indicators apply if the monthly rent amounts to € 10,000 or more;