2023-05-26
The Danish Financial Supervisory Authority issued this order to regulate the digital submission of suspicious transaction and terrorism financing reports to the Financial Intelligence Unit. It mandates that reports be filed via XML format through the official website, specifying strict content requirements, language standards, and procedures for technical failures. Non-compliance with these submission rules is subject to fines and potential criminal liability for legal entities.
Pursuant to Section 26, Paragraph 8, and Section 78, Paragraph 6, of the Act on Preventive Measures against Money Laundering and Financing of Terrorism (the Money Laundering Act), cf. Act No. 316 of 11 March 2022, it is hereby prescribed:
Section 1. This Order applies to the businesses, persons, and authorities covered by the Act on Preventive Measures against Money Laundering and Financing of Terrorism.
Paragraph 2. The Order applies to reports to the Financial Intelligence Unit, cf. Section 26 of the Act on Preventive Measures against Money Laundering and Financing of Terrorism, regarding transactions or contacts where there is suspicion that the transaction or contact has or has had a connection to money laundering or financing of terrorism.
Section 2. Reports, etc., cf. Section 1, Paragraph 2, shall be submitted digitally to the Financial Intelligence Unit via www.hvidvask.dk, unless otherwise agreed with the Financial Intelligence Unit.
Paragraph 2. The report shall be submitted in the XML format reproduced on www.hvidvask.dk.
Paragraph 3. After submission, cf. Section 2, Paragraph 1, and before the end of the following banking day, the reporter must verify whether the report has been accepted or rejected.
Section 3. The report, cf. Section 1, Paragraph 2, shall contain the information described in Annex 1 to this Order.
Section 4. The report, cf. Section 1, Paragraph 2, shall as a general rule be drafted in Danish. If this is not possible, the report may be drafted in English.
Section 5. In the event of prolonged IT problems on the website www.hvidvask.dk, reporting in XML format shall be done by e-mail or other electronic media after agreement with the Financial Intelligence Unit.
Paragraph 2. Prolonged IT problems, cf. Paragraph 1, means outages or temporary capacity reductions, etc., which result in the website www.hvidvask.dk being inaccessible for 8 consecutive hours during the period between 8 a.m. and 4 p.m. on a weekday. Planned shutdowns for updates, which have been announced in advance on the website, are not included in this calculation.
Section 6. Intentional or grossly negligent violation of Sections 2-4 and Section 5, Paragraph 1, shall be punishable by a fine.
Paragraph 2. Companies, etc. (legal persons) may be subject to criminal liability in accordance with the rules in Chapter 5 of the Criminal Code.
Section 7. This Order shall enter into force on 1 July 2023.
Paragraph 2. Order No. 1403 of 1 December 2017 on the submission of reports, etc., to the Special Public Prosecutor for Economic and International Crime is repealed.
Financial Supervisory Authority, 26 May 2023
Kristian Vie Madsen / Heidi Ravnholt
Official Gazette A Published on 3 June 2023 26 May 2023. No. 657. Ministry of Industry, Business and Financial Affairs, Financial Supervisory Authority, file no. 21-016181 CQ002580
The structure of the XML file depends on the suspicion that forms the basis of the report.
Reports concerning specific suspicious financial transactions consist of the following elements and are structured as follows:
Reports concerning specific suspicious events and not concerning suspicious financial transactions consist of the following elements and are structured as follows:
Cover Page The cover page must contain basic information about the report, including information about the reporter, the date of the report, whether the suspicion concerns money laundering (STR) or terrorism financing (TFR), as well as a description of the suspicion or indication of indicators.
Transaction(s) The transaction must contain information about the individual transaction(s), including information about the transaction number, transaction date, transaction type, amount converted to DKK, as well as sender and recipient.
Sender The sender must contain information relating to the sender/source of the transaction, including information about the country of origin, type of funds, and the party that is the sender.
Recipient The recipient must contain information relating to the recipient/destination of the transaction, including information about the destination country, type of funds, and the receiving party.
Party By "party" is meant information about an account, as well as a person or company.
Account By "account" is meant a bank account, deposit account, credit card, gaming account, or similar. Distinction is made between accounts, and distinction is made between accounts belonging to established customers and other accounts.
Person By "person" is meant a natural person. Distinction is made between persons who are established customers and other persons.
Company By "companies" is meant all legal persons including associations, foundations, and similar. Distinction is made between companies that are established customers and other companies.
If the aforementioned elements are included in the report based on the description of the structure, the individual elements must as a minimum contain the following information:
Cover Page
Transaction
Sender
Recipient
Event
Parties
Person (Established Customer)
Person
Account (Established Customer)
Account
Company (Established Customer)
Company
Other Elements
Address
ID Information