Power of postponement

From 1 July 2026, FIU-the Netherlands will be granted the legal power of postponement with the expansion of the Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft, Article 17a). What will change and what are the consequences for reporting entities? You can find the answers here.*

* The new power of postponement is currently being developed and implemented. We will add more information to the Q&A below as soon as more details are known.

What does the new power of postponement entail?
With the power to postpone transactions, FIU-the Netherlands can request reporting entities to halt one or more transactions for a maximum of five business days.[i] FIU-the Netherlands can also make this request on behalf of a foreign FIU. In that case, the maximum postponement period is ten business days.[ii]

Why is the power of postponement implemented?
By postponement of a transaction, we prevent criminal money from being siphoned off. It also enables us to take appropriate measures in a timely manner, such as seizure by an investigative service.

Many foreign FIUs already have this power, and the addition of the Netherlands will promote international cooperation. A foreign FIU will be able to request postponement of a transaction on a Dutch bank account, and vice versa. This strengthens the international fight against money laundering and terrorist financing.

Which reporting entities can receive a request for postponement?
FIU-the Netherlands can submit a request for postponement to all reporting entities. However, we expect that we will mainly apply this power to banking, crypto and payment service transactions, based on the experiences of foreign FIUs and our own information.

When will FIU-the Netherlands request the postponement of a transaction?
FIU-the Netherlands will only use its power of postponement in response to an explicit request from a foreign FIU or if our own analysis gives cause to hold one or more transactions. A proportionate approach is always the starting point. We make an extremely careful assessment and, of course, will never ask you to postpone a transaction without proper justification.

How quickly should I follow up on a request for postponement?
As a reporting entity, you must comply with a postponement request immediately and instantly inform your client. [iii] [iv] Immediately means as quickly as possible and without unnecessary delay. Importantly, you should be able to demonstrate afterwards that you made every effort to comply with the request. [v]

How long do I postpone a transaction?
You must postpone a transaction for a maximum of five business days.^[i] If the request was made on behalf of a foreign FIU, the maximum postponement period is ten business days.^[ii] FIU-the Netherlands may ask you to end the postponement earlier.[vi] Without notification from FIU-the Netherlands, you end the postponement after five or ten business days.

What happens after the postponement period?
Following postponement, a criminal seizure may be carried out by an investigative service or the Netherlands Public Prosecution Service. If the postponement request has been made on behalf of a foreign FIU, a foreign investigative service may seize funds via a request for legal assistance (European Freezing Order). However, it is also possible that no further action will be taken after postponement, depending on the results of the analysis.

What happens if a transaction has already been executed before the postponement request?
Many transactions take place in near real time (instant payments). As a result, transactions with a postponement request may already have been (partially) executed. The consultation responses to the bill also indicated that, in practice, it will not always be possible to postpone transactions. [vii] In these cases, a ‘credit equal to the amount of the transaction’ will be blocked. This only applies to the balance available at the time of the postponement request. Subsequent deposits into the account will not be covered by the postponement of the ‘credit equal to the amount of the transaction’.[viii]

What do I tell my client if I have postponed a transaction?
After postponing a transaction, you must immediately inform your client that you have postponed the execution of a transaction at the request of FIU-the Netherlands.^[iv]

Am I violating the tipping-off prohibition if I inform my client about the postponement?
No, this does not violate the tipping-off prohibition. The tipping-off prohibition means that you have a duty of confidentiality regarding any unusual transaction that you report to FIU-the Netherlands. This prohibition does not apply to informing your client that you are complying with a postponement request from FIU-the Netherlands.

Can I, as a reporting entity, be held liable for damage suffered by a client or third party as a result of a postponement?
No, reporting entities cannot be held liable for any damage suffered by a client or third party as a result of complying with a postponement request. Article 20c of the Wwft stipulates that Article 20 of the Wwft (indemnification against civil liability) and Article 20b of the Wwft (employment law protection) also apply to the implementation of a request based on Article 17a of the Wwft.

May I share the contact details of FIU-the Netherlands with a client for possible complaints about the use of the power of postponement?
Yes, this is permitted. Prior to the introduction of the power of postponement, FIU-the Netherlands will inform all reporting entities about which contact details may be shared.

Will there be a public register in which postponed transactions can be consulted at the request of FIU-the Netherlands?
No, postponed transactions are only visible to FIU-the Netherlands.