2017-07-21 | 12625Added · Updated
Banque du Liban issued Basic Decision No. 12625 to implement the Common Reporting Standard (CRS) for the automatic exchange of financial account information for tax purposes. The Decision mandates Lebanese reporting financial institutions to establish due diligence procedures, identify reportable accounts, and submit electronic information returns directly to the Ministry of Finance. It establishes strict record-keeping requirements, anti-avoidance rules, and supervisory oversight to ensure compliance with OECD guidelines and international transparency standards.
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Date: 21 July 2017 | Circular No.: 139 Issued by: Banque du Liban (Central Bank of Lebanon) Governor: Riad T. Salamé
The Governor of Banque du Liban, pursuant to the Monetary and Banking Law and Articles 70, 174, and 182 thereof; pursuant to Urgent Law No. 55 dated 27/10/2016 (Law on the Exchange of Information for Tax Purposes) concerning the automatic exchange of information in implementation of obligations stipulated in any international agreement entering into force, and “ninth” thereof; pursuant to Decree No. 1022 dated 7/7/2017 specifying the details of implementing item (3) of paragraph “sixth” of Urgent Law No. 55 dated 27/10/2016 (Law on the Exchange of Information for Tax Purposes); in line with international recommendations issued by the Global Forum on Transparency and Exchange of Information for Tax Purposes (Global Forum) and the Organisation for Economic Co-operation and Development (OECD); and based on the decision of the Central Council of Banque du Liban taken in its meeting held on 19/7/2017, hereby decides as follows:
First: For the purpose of applying the provisions of Law No. 55 dated 27/10/2016 (Law on the Exchange of Information for Tax Purposes) and this Decision, the following definitions apply:
Second: For the purpose of applying Section I of the “Standard”, the Reporting Jurisdiction is considered any country listed in Table No. (4) of the “Decree”.
2 - For the purpose of applying the due diligence procedures provided in Sections II to VII of the “Standard” and this Decision, the Reporting Jurisdiction is considered any country other than Lebanon and the United States of America.
3 - For the purpose of applying this Decision, if the date to be specified in the definition of the term “Competent Authority” in sub-paragraph (b)(8) [8B] of Section VIII of the “Standard” is 1 July 2017, including.
Third: Any term defined in the “Standard” but not in “Second” of the “Law” or this Decision shall have the same meaning as in the “Standard”.
1 - “Reporting Financial Institutions” shall comply with the following:
2 - A “Reporting Financial Institution” may take the following measures:
3 - Due diligence procedures apply to the sections and paragraphs of the “Standard” as follows, for the following dates:
1 - “Reporting Financial Institutions” shall directly submit the “Information Return” to the Ministry of Finance, regarding information for the calendar year 2017 and each subsequent year, relating to any “financial account” determined as an account subject to reporting held by a “Reporting Financial Institution” at any time during the year, provided that Banque du Liban remains the sole supervisory authority responsible for the proper application of the “Law”, “Decree” and this Decision. 2 - If a “Reporting Financial Institution” applies the due diligence procedures provided in Article Two of this Decision during a calendar year and no account is determined as subject to reporting, the “Reporting Financial Institution” shall submit a statement confirming the absence of accounts subject to reporting in the “Information Return” for that year. 3 - “Reporting Financial Institutions” must submit the “Information Return” directly to the Ministry of Finance electronically within a period not exceeding 30 June of the year following the calendar year concerned for submission to the relevant authority of each country specified in Table No. 4 of the “Decree” within a period not exceeding 31 July of the year following the calendar year concerned, with the first exchange to be completed by 30 September 2018 at the latest. Exceptionally, the “Information Return” regarding information for the year 2019 shall be submitted to the Ministry of Finance within a period not exceeding 30 September 2020, for submission to the relevant authority of each country specified in Table No. 4 mentioned above within a period not exceeding 31 December 2020.
1 - Each “Reporting Financial Institution” shall maintain records obtained or created to comply with the provisions of this Decision, including evidence documents and written self-certifications (Certification Self) provided by the account holder.
2 - Each “Reporting Financial Institution” shall keep records in electronic form, and upon applying this Decision, must maintain these records in an electronically readable format throughout the period stipulated in paragraph (4) below.
3 - Each “Reporting Financial Institution”, upon applying the provisions of this Decision, having obtained or created records in a language other than Arabic, must, upon request, provide a translation of these records into Arabic at its own expense.
4 - Each “Reporting Financial Institution”, upon applying the provisions of this Decision, shall keep records and documents related to entries obtained or created, in application of this Decision, for a period of not less than ten years:
In addition, Banque du Liban and/or the Special Investigation Body may exercise their respective powers as supervisory authorities for purposes related to monitoring the proper application of this Decision, by requesting from a “Reporting Financial Institution” the presentation, within a period not less than 14 days, of any information and providing them with copies of any books, records or documents.
If a person enters into any arrangements or participates in practices that may be considered primarily or secondarily aimed at avoiding any obligations imposed by law or under this Decision, such person shall remain subject to the obligation they sought to avoid, as if no such arrangements were entered into or no such practices participated in.
A fine stipulated under the prevailing laws shall be imposed on each “Reporting Financial Institution” as a result of its violation of the provisions of this Decision or non-compliance with its obligations, without prejudice to the right of Banque du Liban and/or the Special Investigation Body to impose administrative penalties and fines under the Monetary and Banking Law and Law No. 44 dated 24/11/2015.
The provisions of this Decision shall be read and applied in accordance with the “Standard” and its interpretations, and in line with any amendments thereto.
This Decision shall take effect from 1/7/2017.
This Decision shall be published in the Official Gazette.
Beirut, 21 July 2017
Governor of Banque du Liban
Riad T. Salamé
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Amended 2 times · last 2020-06-10
Source: Banque du Liban — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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