To enable the supervisory bodies to carry out their monitoring tasks, each quarter they receive a report from FIU-the Netherlands containing aggregated data about reporting behaviour in the sector under their supervision. Their status as supervisory authority also mandates them to, for instance, approach you directly to request information about your reporting behaviour and – if this is not satisfactory – to give instructions or undertake further steps. Since reporting behaviour falls under the Wwft supervisory authorities, that is where you should turn for any questions about how to interpret the Money Laundering and Terrorist Financing (Prevention) Act (Wwft), and about what does or does not fall under the Act. The supervisory authorities have written guidelines on this to assist the relevant sectors.

Under the Wwft, FIU-the Netherlands is the implementing party. We receive your unusual transaction reports, and we are the only party that can inspect these unusual transactions. Analysing such transactions is the daily work of a large proportion of our staff. Given that this work is classified as state secret, there are many details that we cannot discuss with you, but this does not mean that we do not welcome your questions. We are not permitted to answer the question of what must be reported and what not. But we can help you with questions about how to report an unusual transaction and how you can ensure your report is as informative as possible. And we try to provide tools to assist you in your task as a gatekeeper of the financial system. You are always welcome to contact us about such matters.

We realize that as an entity with an obligation to report you wish for a substantive response to your report. However, within the legal constraints of the Money Laundering and Terrorist Financing (Prevention) Act (Wwft), the possibilities for a response are limited. A large part of our work may not be shared. Nevertheless, we do make every effort to provide you with feedback: not only can this increase your motivation to report, but it also gives you the possibility to tighten up your internal processes and to revise the risk profiles of your customers or products, thus enabling you to fulfil your gatekeeper’s role more effectively. We provide feedback responses in the following ways:

• By (wherever possible) informing the reporting entity if a transaction they have reported is designated suspicious. However, we are not permitted to inform you about the reasons for this designation, or about what the investigative authorities do with this information.
• By including case histories on our website. We regularly share concrete case histories based on real-life examples, the aim being to give reporting entities as much information as possible about what money laundering and terrorist financing may look like in practice.
• By publishing an annual report in which, among other things, we comment on the numbers of unusual and suspicious transactions per calendar year. In each annual report, we also describe several noteworthy analyses we have carried out during the year.
• By sending out newsletters. Our newsletters are intended to keep entities with an obligation to report informed about trends, phenomena, and changes in the legislation. If possible, we also share any red flags we have been alerted to.
• By providing training for entities with an obligation to report in the form of presentations.

Although we do our best to make as much progress as possible in this area, there is doubtless room for improvement. Please contact us if you have any ideas about this.

Yes, you must report these unusual transactions to FIU-the Netherlands. This is required in line with one of the objective indicators set out in the Implementation Decree for the Money Laundering and Terrorist Financing (Prevention) Act (Wwft) (Uitvoeringsbesluit Wwft 2018): “It is logical that transactions reported to the police or the Public Prosecution Service in connection with money laundering or terrorist financing should also be reported to the Financial Intelligence Unit; after all, there is an assumption that these transactions may be related to money laundering or terrorist financing”.

If your organization is registered with FIU-the Netherlands, it has a unique identity number for submitting reports: the Reporting ID. You can find the Reporting ID in the reporting portal under ‘My Reporting Details’.

No, you must be registered as a separate reporting entity in each capacity.

If, for example, you are an estate agent and a valuer, then the capacity in which you make the report depends on the situation. In such cases, you need to have two registrations with FIU Netherlands: one as an estate agent and one as a valuer. If you come across an unusual transaction in your estate agency business, you report as an estate agent; if you encounter an unusual transaction when carrying out valuations, you report as a valuer.

Based on the Money Laundering and Terrorist Financing (Prevention) Act (Wwft), reporting entities are under an obligation to report any unusual transaction, whether completed or intended. If you fail to do so, you are in breach of the Wwft. If, whether intentionally or unintentionally, you do not meet the obligation to report, you commit an economic crime that has certain consequences. Further information on failure to report an unusual transaction can be found on the page Obligation to report.

The GDPR requires that any processing of personal data must occur on a valid basis, such as a legal basis. The Wwft is a valid legal basis of this kind. As an entity with an obligation to report, you process the personal data of customers, representatives, and ultimate beneficiaries, among others. This means that, within the framework of the Wwft, you are required to process personal data for the purpose of carrying out checks on your customers.

’Know Your Customer’ checks as required by the Wwft must be carried out in accordance with the provisions of Chapter 2 of the Wwft. Among other things, this means that the identity of the customer (e.g., a buyer) and, if applicable, of the ultimate beneficiary, must be established and recorded. On the basis of the Wwft, this data must be retained for five years after the transaction or the termination of the business relationship. The same holds for data relating to unusual transactions.

Indicators of unusual transactions are listed in the 2018 Implementation Decree for the Money Laundering and Terrorist Financing (Prevention) Act (Wwft) (Uitvoeringsbesluit Wwft 2018 [in Dutch]). These indicators differ per reporting entity. The page on reporting groups gives an overview of the various indicators per reporting group. If in your view a transaction meets one or more of the indicators that apply to your reporting group, you must report that transaction to FIU-the Netherlands.

If you have questions about how to interpret a given indicator, you can ask your Wwft supervisory authority. This page shows which supervisory authority is responsible for your reporting group. This division of roles is addressed in more detail in the FAQ “What is the role of the Wwft supervisory authorities in relation to FIU Netherlands?’’.

Yes. If you believe a transaction is unusual, you should report it to FIU-the Netherlands, regardless of whether it is a completed transaction or merely an intended transaction.

Do you want to know whether FIU-the Netherlands has personal data about you and whether you can access it?

The answers to these questions can be found in articles of the General Data Protection Regulation, in the associated directives, and in the Police Data Act (Dutch acronym: Wpg) and Decree. But the bottom line is that you are not allowed to access this data with us. How is that?

All unusual transactions reported to us remain in our database for five years, as required by the Money Laundering and Terrorist Financing (Prevention) Act (Dutch acronym: Wwft). To give an impression of the size of this database, in 2022 we received over 1.8 million unusual transactions (UTRs). It is determined by law that the UTR-information we have, i.e. the unusual transactions and the associated personal data, fall under the classification State Secret – Secret, see Article 5 of the Government Information Security Decree – Special Information. Only authorized FIU employees have access to this information. Therefore, if a person asks us for access to his or her personal data, we are not allowed to provide it. After all, the information is state secret.

Unusual transactions are analyzed by FIU-the Netherlands  to establish whether there are sufficient grounds to designate them suspicious. These transactions declared suspicious (STRs) may then be shared with the relevant intelligence, security and investigation services, such as the police and the fiscal intelligence and investigation service (Dutch acronym: FIOD). This is allowed since STRs are legally subject to the Wpg.