Ministerial Decree of 10 January 2014 fixing the regulation concerning the application modalities of the obligations for bpost under the law of 11 January 1993 on the prevention of the use of the financial system for money laundering and terrorist financing regarding its postal financial services and the issuance of electronic money

Art. 10. The Royal Decree of 18 December 1996 concerning measures with a view to introducing a social identity card for all insured persons, applying articles 38, 40, 41 and 49 of the law of 26 July 1996 concerning the modernisation of social security and ensuring the viability of the statutory pension schemes, is repealed.

Art. 11. Valid social identity cards issued pursuant to the aforementioned law of 26 July 1996 and the aforementioned Royal Decree of 18 December 1996 remain valid for identification purposes under the existing conditions until a date determined by the King.

Until this date, no ISI+ cards are issued to persons who hold a valid social identity card.

Art. 12. Have, for checking the validity of a Belgian electronic identity card, an electronic foreigner's card, an electronic residence document or an ISI+ card, for checking the necessity of issuing an ISI+ card and for settling costs for medical care within the framework of compulsory or supplementary insurance and with respect for the provisions of the law of 8 December 1992 on the protection of the private sphere with regard to the processing of personal data, access to the National Register of Natural Persons, the Register of Identity Cards, the Register of Foreigner's Cards and the central file of ISI+ cards and the right to use the identification number of the National Register of Natural Persons:

1° the Crossroads Bank for Social Security;
2° the eHealth platform;
3° the National Office for Sickness and Invalidity Insurance; 4° the National Intermutualist College; 5° insurance companies; 6° healthcare providers and healthcare institutions; 7° approved tariffing services.

Art. 13. This law enters into force on 1 January 2014.

We proclaim this law, order that it be sealed with the State seal and published by the Belgian Official Journal.

Given in Brussels, 29 January 2014.

PHILIPPE
By the King:
The Minister of Social Affairs,
Ms L. ONKELINX
Sealed with the State seal:
The Minister of Justice,
Ms A. TURTELBOOM

FEDERAL PUBLIC SERVICE FINANCES

[C − 2014/03061]

10 JANUARY 2014. — Ministerial Decree fixing the regulation concerning the application modalities of the obligations for bpost under the law of 11 January 1993 on the prevention of the use of the financial system for money laundering and terrorist financing regarding its postal financial services and the issuance of electronic money

The Minister of Finance,

Having regard to the law of 11 January 1993 on the prevention of the use of the financial system for money laundering and terrorist financing, articles 2, § 1, 3° and 38,

Decrees:

TITLE 1. — Definitions

Article 1. For the application of this regulation, the following terms are understood as:

1° “law of 21 March 1991”: the law of 21 March 1991 concerning the reform of certain economic public enterprises;

2° “law of 11 January 1993”: the law of 11 January 1993 on the prevention of the use of the financial system for money laundering and terrorist financing;

3° “atypical transaction”: a transaction particularly susceptible to money laundering or terrorist financing within the meaning of Article 14, § 1, paragraph 2 of the law of 11 January 1993. The following elements may indicate a particular susceptibility to money laundering: the nature or the accompanying circumstances of the transaction, the status of the persons involved, the unusual character of the transaction, incompatibility with the information that bpost has about its client or uncertainty about the origin of the funds;

4° “first-line supervision”: the supervision exercised on business relationships or on occasional transactions by competent employees of bpost, with the aim of detecting atypical transactions;

5° “second-line supervision”: the supervision exercised by means of the supervision system referred to in Article 18 of this regulation, with the aim of detecting atypical transactions;

6° “postal financial services”: financial services provided by bpost as determined in Article 131, 22° of the law of 21 March 1991;

7° “identifying” clients, mandatories and ultimate beneficiaries: in accordance with articles 7 and 8 of the law of 11 January 1993, means taking note of their identification data;

8° “verifying the identity of clients, mandatories and ultimate beneficiaries”: checking the identification data against a reliable information source capable of confirming or refuting these data;

9° “Royal Decree of 12 January 1970”: the Royal Decree of 12 January 1970 regulating the postal service;

10° “occasional transaction”: a transaction within the meaning of Article 7, § 1, first paragraph, 2° of the law of 11 January 1993 such as a postal order or a postal deposit;

11° “postal deposit”: a postal financial service by which an order is given to credit a sum of money to a postal current account or to a bank account at the beneficiary institution;

12° “postal order”: a postal financial service within the framework of which the issuer hands over funds and also requests the handover in cash of the entire amount deposited to the beneficiary;

13° “679 account”: a financial account, opened with bpost, reserved for the organisations mentioned in Article 103, § 1, of the Royal Decree of 12 January 1970 regulating the postal service.

TITLE 2. — Scope of application

Art. 2. The provisions of this regulation apply to the public limited liability company bpost for its postal financial services and the issuance of electronic money.

TITLE 3. — Identification

Art. 3. bpost and a client are deemed to have a business relationship, within the meaning of Article 7, § 1, first paragraph, 1°, of the law of 11 January 1993, when they conclude a contract or make known, via a formal expression of will, that they will carry out various successive operations during a defined or undefined period from which a certain number of continuing obligations will arise. This is the case when opening 679 accounts.

A business relationship is also established within the meaning of Article 7, § 1, first paragraph, 1° of the law when, without concluding a contract referred to in the first paragraph of this article, a client regularly and repeatedly turns to bpost for the execution of a number of separate and successive financial transactions.

Art. 4. Pursuant to Article 7, § 1, first paragraph, 4°, of the law of 11 January 1993, a client must be identified:

1° if, after an earlier identification with a view to establishing a business relationship, there are reasons to assume that the identification data provided by him at that time were incorrect or false;

2° if it is doubted whether the person wishing to carry out a transaction within the framework of a previously established business relationship is indeed the client identified for this business relationship or his authorised and identified mandatory.

Art. 5. Postal deposits and postal orders are considered as fund transfers within the meaning of Article 7, § 1, first paragraph, 2°, b, of the law of 11 January 1993. The orderers and the beneficiaries must be identified.

Art. 6. The internal procedures of bpost define which measures must be taken to verify the identity of the ultimate beneficiaries in accordance with Article 8, § 1, fourth paragraph, of the law of 11 January 1993, depending on the risk of money laundering or terrorist financing associated with the client's profile and with the nature of the business relationship or transaction desired by the client.

Art. 7. bpost may not open anonymous accounts or accounts under a pseudonym or false name for its clients.

Art. 8. § 1. If the client is a natural person, their identity, when identified remotely, must be verified in accordance with Article 7, § 1, of the Law by means of:
1° either their electronic identity card;
2° or a qualified certificate within the meaning of the Law of 9 July 2001 laying down certain rules relating to the legal framework for electronic signatures and certification services and within the meaning of Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 concerning a Community framework for electronic signatures, provided that:
a. that qualified certificate has been issued:
— by a certification service provider established in a Member State of the European Economic Area and accredited in accordance with the provisions of the European Directive on electronic signatures, or — by another certification service provider established in a Member State of the European Economic Area, of which bpost has previously decided to accept the certificates as evidence following a prior and documented assessment of their reputation and certification procedures, or — by another certification service provider established in a third country, which meets the conditions of Article 16, § 2, of the aforementioned Law of 9 July 2001, and of which bpost has previously decided to accept the certificates as evidence following a prior and documented assessment of their reputation and certification procedures; b. the procedure for issuing this qualified identity certificate involves face-to-face identification of the client by the certification service provider itself or, in accordance with procedures developed by it, by persons authorized by it for that purpose;
c. that qualified certificate has not been issued under a pseudonym;
d. bpost immediately, systematically and automatically verifies whether the submitted certificate has expired or has been revoked by the certification service provider that issued it; 3° or a copy of the client's identity card the authenticity of which has been verified by consulting the National Register in accordance with Article 16, § 3, of the Law of 11 January 1993.

If the client's identity is not verified in accordance with the preceding paragraph, that verification may be carried out on the basis of a copy of a document provided by the client to bpost, provided that such identification is carried out with a view to establishing a business relationship and provided that neither the client nor the business relationship involves a specific risk of money laundering or terrorist financing.

bpost must periodically review its decision to accept certificates issued by the certification service providers referred to in the first paragraph, 2°, a, second and third indents, in the light of an update of the information available to it.

§ 2. If bpost establishes a business relationship or carries out occasional transactions for natural person clients identified remotely, it must establish procedures applying Article 12, § 2, of the Law of 11 January 1993:
— prohibiting the establishment of a business relationship or the carrying out of an occasional transaction with a client identified remotely, where there are grounds to believe that the client is seeking to avoid face-to-face contact in order to more easily conceal their true identity, or that they intend to carry out transactions related to money laundering or terrorist financing; — imposing, depending on the risk, specific additional measures to corroborate the identification information obtained on the basis of the document referred to in § 1; — imposing, depending on the risk, the obligation to verify the identity of clients identified on the basis of a document as referred to in § 1, second paragraph, within a reasonable time using another document as referred to in § 1, first paragraph or in Article 9; — allowing the client to be gradually better known; — excluding transactions involving or allowing the handling of cash, with the exception of transactions involving the withdrawal of cash from a current account opened in the name of a client who was identified on the basis of a document as referred to in § 1, first paragraph; — excluding transactions involving financial instruments embodied in bearer securities.

Art. 9. Face-to-face identification of a natural person is carried out, in accordance with Article 7, § 1, of the Law of 11 January 1993, on the basis of the following documents:
— If the client is a natural person, their identity must be verified on the basis of their identity card. For Belgians, this is done on the basis of the electronic identity card; — If the client is a natural person residing abroad, their identity may also be verified on the basis of their passport; — The identity of persons residing in Belgium with foreign nationality who do not possess an identity card issued by the Belgian authorities due to their legal status on Belgian territory may be verified on the basis of a valid certificate of registration in the foreigners' register or, if they do not possess such a certificate due to their status, on the basis of a valid document issued by the Belgian public authorities.

Art. 10. § 1. Identification of a legal entity under Belgian law is carried out, in accordance with Article 7, § 1, of the Law of 11 January 1993, on the basis of the following documents:
1° the most recent version of the coordinated statutes or the updated statutes of the legal entity client filed with the registry of the commercial court or published in the annexes to the Belgian State Gazette; 2° the list of directors of the legal entity client and the publication of their appointment in the Belgian State Gazette, or any other document on the basis of which their status as directors can be proven, such as any publication in the Belgian State Gazette in which those persons are mentioned as directors, or the annual accounts filed with the National Bank of Belgium; 3° the most recent publication of the representation powers of the legal entity client in the Belgian State Gazette.

§ 2. Identification of a legal entity under foreign law is carried out, in accordance with Article 7, § 1, of the Law of 11 January 1993, on the basis of equivalent documents as mentioned in § 1 of this article. These documents are translated by a reliable translator into one of the national languages or into English.

§ 3. Identification of a client that is a trust, a de facto association, a fiducie, or any other legal structure without legal personality is carried out by taking note of the existence, nature, purpose, and manner of management and representation of the legal structure in question. This information is verified on the basis of all documents that can serve as evidence. All relevant documents are copied. bpost takes note of the list of persons authorized to manage these clients and verifies this data on the basis of a document that can serve as evidence.

§ 4. Identification of an undivided ownership is carried out for each co-owner on the basis of the prescribed identification and identity verification in Article 7, § 1, of the Law of 11 January 1993. In the event of a split of rights, this identification and identity verification must be carried out for the usufructuaries, emphyteutic lessees, or superficiaires.

Art. 11. The provisions of Articles 8 and 9 of this regulation apply to the identity verification of the representatives of clients in accordance with Article 7, § 2, of the Law of 11 January 1993.

Bpost must furthermore take note of the representation powers granted to persons acting on behalf of the client, and verify these data using documents that can serve as proof. Bpost must keep a copy of these documents.

This article specifically refers to the following persons:
— the legal representatives of an incapacitated client; — persons authorized to act on behalf of a client under a general or special power of attorney; — persons authorized to represent a client in their relations with the company, where that client is a legal entity, an unincorporated association, a trust, a fiducie, or any other legal structure without legal personality.

Art. 12. For the purpose of identifying the subject matter and the expected nature of the business relationship, bpost takes note of and registers the types of transactions for which the client seeks its services, as well as all relevant information that can provide insight into the objective the client pursues by establishing the business relationship.

TITLE 4. — Data Retention

Art. 13. In derogation of Articles 7, § 1, 8, § 1, and 13 of the Law of 11 January 1993, bpost may, in accordance with Article 38, § 2, second paragraph, of the Law of 11 January 1993, register and keep references to the evidence documents requested during client identification instead of keeping a copy thereof, provided that, by their nature and the manner in which they are stored, bpost is certain to be able to produce those documents immediately, upon request of the competent authorities, during the period fixed by Article 13 of the Law of 11 January 1993 regarding data retention, without those documents being able to be modified in the meantime.

Bpost clarifies in its client acceptance policy in which cases and under which conditions only references may be registered and stored, and when a copy must be stored.

TITLE 5. — Client Acceptance Policy

Art. 14. Bpost must draw up and implement a client acceptance policy adapted to its activities, enabling it, when establishing a business relationship with clients or executing transactions for clients, to conduct a prior assessment of the reputation risks associated with the client's profile and the nature of the business relationship or the desired transaction. Within the framework of that client acceptance policy, decision-making authority must be assigned to an appropriate hierarchical level, taking into account the magnitude of those risks. The client acceptance policy must also enable bpost to fully cooperate in the prevention of money laundering and terrorist financing through appropriate awareness and appropriate examination of the characteristics of new clients and/or the services or transactions for which they seek its services.

In applying its client acceptance policy, bpost must divide its clients into different risk categories to which requirements of different levels are attached. These categories are defined based on objective risk criteria that are coherently combined with each other, so as to be able to define an appropriate risk scale. This risk scale takes full account of:
— situations with an increased risk of money laundering or terrorist financing defined in Article 12, §§ 2, 3, and 4, of the Law of 11 January 1993 and Article 16 of this regulation, and — risk criteria specifically defined by bpost regarding itself, taking into account in particular the characteristics of the services and products offered by it and of the clients to whom it addresses itself.

Bpost must furthermore take note of the representation powers of persons acting on behalf of the client and verify them using documents capable of serving as proof, of which it takes a copy.

The following are specifically covered by this article:
— the legal representatives of incapacitated clients; — persons authorized to act on behalf of clients pursuant to a general or special mandate; — persons authorized to represent clients who are legal entities, unincorporated associations, trusts, fiducies, or any other legal structures lacking legal personality, in their relations with bpost.

Art. 12. With a view to identifying the object and the expected nature of the business relationship, bpost takes note of and registers the types of transactions for which the client solicits it, as well as all relevant information that can provide insight into the objective the client pursues by establishing the business relationship.

TITLE 4. — Data Retention

Art. 13. In derogation of Articles 7, § 1, 8, § 1, and 13 of the Law of 11 January 1993, bpost may, in accordance with Article 38, § 2, second paragraph, of the Law of 11 January 1993, register and keep references to the evidence documents requested during client identification in place of a copy thereof, provided that, by their nature and the manner in which they are stored, the references to those documents allow bpost with certainty to produce said documents immediately, upon request of the competent authorities, during the information retention period fixed by Article 13 of the Law of 11 January 1993, without those documents having been able to be modified in the meantime.

Bpost specifies in its client acceptance policy the cases and conditions under which references may be registered and stored, and when a copy must be stored.

TITLE 5. — Client Acceptance Policy

Art. 14. Bpost establishes and implements a client acceptance policy appropriate to the activities they exercise, allowing the entry into business relations or the conclusion of transactions with clients to be subject to a prior examination of reputation risks associated with the client's profile and the nature of the business relationship or the desired transaction. The client acceptance policy must provide for the assignment of decision-making powers at the appropriate hierarchical level to take into account the importance of these risks. The client acceptance policy must also enable bpost to fully contribute to the prevention of money laundering and terrorist financing through appropriate awareness and examination of the characteristics of new clients and/or the services or transactions for which they solicit it.

By application of its client acceptance policy, bpost distributes its clients into different risk categories to which requirements of different levels apply. These categories are defined based on objective risk criteria that are combined coherently with each other to define an appropriate risk scale. This takes full account of:
— situations of increased risk of money laundering or terrorist financing defined in Article 12, §§ 2, 3, and 4, of the Law of 11 January 1993 and Article 16 of this regulation, and — risk criteria defined by bpost, taking into account, in particular, the characteristics of the services and products it offers and those of the clientele to which it addresses itself.

BELGISCH STAATSBLAD — 12.02.2014 — MONITEUR BELGE 12219

The client acceptance policy may also take into account situations with a low risk of money laundering or terrorist financing defined in Article 11, §§ 1 and 2, of the Law of 11 January 1993.

Art. 15. § 1. If the client is a credit institution or a financial institution under foreign law as referred to in Article 12, § 4, of the Law of 11 January 1993, the decision to establish a business relationship or to execute a proposed occasional transaction must be based on a file containing elements demonstrating that the obligations imposed by Article 12, § 4, of the Law of 11 January 1993 are met. Bpost must keep this file up-to-date.

§ 2. If bpost wishes to establish a business relationship with a credit institution or financial institution under foreign law referred to in § 1, it must proceed to:
— a periodic examination, according to risk, and if necessary, an update of the information on which its decision to establish the relevant business relationship was based; — a new examination of the relevant business relationship if it is informed of information that could undermine its confidence in the legal and regulatory provisions to combat money laundering and terrorist financing of the country of establishment of the client, or in the efficiency of the controls introduced by that institution regarding the combating of money laundering and terrorist financing; — periodic checks and tests, according to risk, to ensure that the client always complies with the commitments it has entered into, particularly regarding the obligation to immediately provide, upon request, the relevant identification data of its clients who have direct access to the transit accounts opened for it.

Art. 16. Bpost's client acceptance policy provides that clients who may pose a specific risk are only accepted as clients after a thorough examination and after a decision has been taken at an appropriate hierarchical level regarding the matter. This includes, among others:
— those established or residing in a country or territory that the FATF qualifies as a country or territory not cooperating with anti-money laundering efforts, or against which the FATF recommends countermeasures or enhanced vigilance; — those who are natural persons identified remotely based on a copy of an evidence document; or — those whose ultimate beneficiaries are persons whose identity could not be verified, and/or whose place and date of birth could not be identified, and/or regarding whom no relevant information could be collected about their address.

TITLE 6. — Duty of Vigilance

Art. 17. Bpost informs the competent employees in writing about the criteria for first-line supervision. These criteria enable them to detect atypical transactions and to draw up a written report in the event of atypical transactions.

Employees must, when examining transactions and facts, pay particular attention to the economic basis and legitimacy of those transactions and facts. Furthermore, bpost informs employees in writing about the procedure for submitting written reports to the person responsible for preventing money laundering and terrorist financing referred to in Article 18 of the Law of 11 January 1993, including the deadlines within which those reports must be submitted.

Art. 18. Bpost supplements first-line supervision with second-line supervision. This uses a supervision system to detect atypical transactions, over which a written report must be drawn up as referred to in Article 14, § 2, of the Law of 11 January 1993.

The client acceptance policy may also take into account situations of low risk of money laundering or terrorist financing defined in Article 11, §§ 1 and 2, of the Law of 11 January 1993.

Art. 15. § 1. If the client is a credit institution or financial institution under foreign law referred to in Article 12, § 4, of the Law of 11 January 1993, the decision to establish a business relationship or the proposed occasional transaction must be based on a file containing elements demonstrating that the obligations defined in Article 12, § 4, of the Law of 11 January 1993 are fulfilled. Bpost must keep this file up-to-date.

§ 2. If bpost maintains business relations with credit institutions or financial institutions under foreign law referred to in the previous paragraph, it proceeds to:
— a periodic examination, based on risk, and, if necessary, an update of the information on which the decision was taken to establish said relations; — a new examination of said relations when information is obtained that could shake confidence in the legal and regulatory devices to combat money laundering and terrorist financing of the country of establishment of the client financial institution, or in the effectiveness of the controls put in place by the latter regarding the combating of money laundering and terrorist financing; — periodic checks and tests, based on risk, to ensure that the client financial institution always complies with the commitments it has undertaken, particularly regarding the communication without delay, upon request, of the relevant identification data of its clients having direct access to the transit accounts opened for it.

Art. 16. Bpost's client acceptance policy subjects to a particular examination and decision-making power at an appropriate hierarchical level the acceptance of clients likely to present particular levels of risk, including those:
— who reside or have their domicile in a country or territory qualified as a non-cooperative country or territory by the Financial Action Task Force or against which it recommends countermeasures or enhanced vigilance; — who are natural persons whose identification was carried out remotely based on a copy of an evidence document; or — whose beneficial owners are persons whose identity could not be verified, and/or for whom it was not possible to identify the place and date of birth, and/or whose it was not possible to collect relevant information concerning the address.

TITLE 6. — Duty of Vigilance

Art. 17. Bpost informs the competent employees in writing about the criteria for first-line supervision. These criteria enable them to detect atypical transactions and to draw up a written report in the event of atypical transactions.

Employees must, by investigating transactions and facts, pay particular attention to the economic basis and legitimacy of those transactions and facts. Furthermore, bpost informs its employees in writing about the procedure in case of submission of written reports to the person responsible referred to in Article 18 of the Law of 11 January 1993 for the prevention of money laundering and terrorist financing, including the deadlines within which those reports must be submitted.

Art. 18. Bpost completes first-line supervision with second-line supervision exercised by a supervision system allowing the detection of atypical transactions, which must be the subject of a written report referred to in Article 14, § 2, of the Law of 2013.

12220 BELGISCH STAATSBLAD — 12.02.2014 — MONITEUR BELGE

This supervision system must:
— be based on accurate and relevant criteria defined separately by bpost, taking primarily into account the characteristics of the offered services and product range and the clients to whom it addresses itself, and being sufficiently refined to effectively detect atypical transactions; — enable the rapid detection of such transactions; — deliver written reports describing the atypical transactions detected and indicating on the basis of which criteria as referred to in the first bullet point of this paragraph these transactions are qualified as atypical; these reports are submitted to the person responsible for preventing money laundering and terrorist financing referred to in Article 18 of the Law of 11 January 1993; — be automated, — be subject to a validation procedure first and then regularly re-examined for its relevance, so that it can be adapted if necessary to the evolution of activities, clientele, or environment.

The criteria referred to in the first bullet point of the previous paragraph take into account in particular the specific risk of money laundering or terrorist financing associated with the transactions executed by clients whose acceptance is subject to stricter rules pursuant to the client acceptance policy referred to in Title 5.

These criteria also take into account the specific risk of money laundering or terrorist financing associated with transactions involving amounts that are unusual in absolute numbers or given the habits of the relevant client in their relationship with bpost.

Funds transferred to the credit of a client without any information about the payer as required by Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 concerning information on the payer accompanying a transfer of funds are considered an atypical transaction within the meaning of this article.

Art. 19. If bpost reports to the Financial Information Processing Cell, in accordance with Articles 23 to 25, 27, or 28 of the Law of 11 January 1993, a suspicious transaction or a fact that could indicate money laundering or terrorist financing, it increases the vigilance in its business relationship with the persons to whom the said information relates. This increased vigilance must be maintained as long as this, depending on the circumstances, is necessary to ensure that the suspicious transaction is a standalone transaction or to detect any new suspicious transactions that might be executed by the client.

Art. 20. Bpost uses the necessary means and develops appropriate procedures to, as soon as possible, analyze its written reports in accordance with Article 14, § 2, of the Law of 11 January 1993 and determine whether those transactions or facts should be brought to the attention of the Financial Information Processing Cell in accordance with Articles 23 to 25, 27, and 28 of the Law of 11 January 1993.

The analysis of the written reports and the decision resulting from that analysis are stored in the manner referred to in Article 15, second paragraph, of the Law of 11 January 1993.

TITLE 7. — Appointment and Role of the Responsible Person for Preventing Money Laundering and Terrorist Financing

Art. 21. § 1. The person responsible for preventing money laundering and terrorist financing referred to in Article 18 of the Law of 11 January 1993 is appointed by bpost by the body responsible for effective management, after that body has ensured that that person possesses the appropriate professional integrity necessary to fulfill that function honestly.

The supervision system must:
— be based on precise and relevant criteria, fixed by bpost taking into account, in particular, the characteristics of the services and products it offers and those of the clientele to which it addresses itself, and sufficiently discriminating to effectively detect atypical transactions; — enable rapid detection of these transactions; — produce written reports describing the detected atypical transactions and the criteria referred to in the first bullet point of this paragraph on the basis of which they are considered atypical, these reports being transmitted to the person responsible for preventing money laundering and terrorist financing referred to in Article 18 of the Law of 11 January 1993; — be automated, — be subject to an initial validation procedure and a periodic re-examination of its relevance to adapt it, if necessary, based on the evolution of activities, clientele, or environment.

The criteria referred to in the previous paragraph, first bullet point, take into account in particular the specific risk regarding money laundering or terrorist financing associated with transactions carried out by clients whose acceptance was subject to reinforced rules pursuant to the client acceptance policy referred to in Title 5.

These criteria also take into account the specific risk of money laundering and terrorist financing associated with transactions involving amounts unusual in absolute terms or regarding the habits of the client considered in their relations with bpost.

Constitutes an atypical transaction within the meaning of this article, a transfer of funds received to the benefit of a client without being accompanied by the information concerning the payer required by Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 concerning information on the payer accompanying transfers of funds.

Art. 19. When bpost communicates to the Financial Information Processing Cell information regarding a suspicious transaction in accordance with Articles 23 to 25, 27, or 28 of the Law of 11 January 1993, or a fact likely to be an indicator of money laundering or terrorist financing, bpost subjects its business relations with the persons concerned by the information thus communicated to enhanced vigilance. This enhanced vigilance must be maintained in force for the time necessary, depending on the circumstances, to conclude on the isolated nature of the transaction that raised the suspicion of the body or to identify without delay any new suspicious transactions possibly executed by the client.

Art. 20. Bpost implements the required means and establishes appropriate procedures allowing to proceed in the shortest possible time to the analysis of the written reports referred to in Article 14, § 2, of the Law of 11 January 1993 and to determine whether it is necessary to communicate these transactions or these facts to the Financial Information Processing Cell, in accordance with Articles 23 to 25, 27, and 28 of the Law of 11 January 1993.

The analysis of the written reports and the decision to which it led are stored in accordance with the modalities defined in Article 15, paragraph 2, of the Law of 11 January 1993.

TITLE 7. — Appointment and Role of the Responsible Person for Preventing Money Laundering and Terrorist Financing

Art. 21. § 1. The person responsible for preventing money laundering and terrorist financing referred to in Article 18 of the Law of 11 January 1993 is designated by the effective management body of bpost after having ensured that the person concerned possesses the adequate professional integrity necessary to exercise these functions with integrity.

BELGISCH STAATSBLAD — 12.02.2014 — MONITEUR BELGE 12221

§ 2. The responsible person designated in accordance with § 1 must possess the required professional experience and the necessary knowledge of the Belgian legal and regulatory framework for the prevention of money laundering and terrorist financing. He must be located at the appropriate hierarchical level within bpost, possess the necessary powers, and be sufficiently available to effectively and autonomously exercise the relevant functions.

§ 3. The responsible person for the prevention of money laundering and terrorist financing generally ensures that bpost fulfills all its obligations regarding the prevention of money laundering and terrorist financing, and specifically ensures that bpost provides an appropriate administrative organization and internal control measures as required by Article 16 of the Law of 11 January 1993. The responsible person is authorized to propose, on his own initiative, all necessary or useful measures to the effective management of bpost, including the release of necessary resources.

He specifically develops and applies, under his responsibility, procedures for the analysis of written reports prepared in accordance with Article 14, § 2, of the Law of 11 January 1993, and for the provision of information to the Cell for Financial Information Processing in accordance with Articles 23 to 25, 27, and 28 of the Law of 11 January 1993.

He oversees the training and sensitization of staff in accordance with Article 17 of the Law of 11 January 1993 and Article 21 of this regulation.

He is the privileged contact person for the supervisory authority as referred to in Article 39 of the Law of 11 January 1993 and for the Cell for Financial Information Processing regarding all questions concerning the prevention of money laundering and terrorist financing.

§ 4. The responsible person for the prevention of money laundering and terrorist financing prepares an activity report at least once a year, which he submits to the body responsible for the effective management of bpost. This report must allow for an assessment of the extent of detected attempts at money laundering or terrorist financing, the appropriateness of the developed administrative organization and internal controls, and the cooperation of bpost's services in prevention.

A copy of the annual activity report is systematically submitted to the supervisory authority as referred to in Article 39 of the Law of 11 January 1993 and, where applicable, to the statutory auditor of bpost and to the Government Commissioner.

TITLE 8. — Training and sensitization of staff

Art. 22. § 1. The mandatory training programs and sensitization regarding the prevention of money laundering and terrorist financing referred to in Article 17 of the Law of 11 January 1993 apply to the staff of bpost:

— who, due to the tasks they perform for clients, or due to the operations they carry out, risk being confronted with attempts at money laundering or terrorist financing, or

— whose tasks consist of developing procedures or computer or other applications used in activities sensitive to this risk.

§ 2. The training programs, sensitization, and regular information provided to staff are specifically aimed at:

— acquiring the required knowledge and developing the necessary critical reflex to detect atypical operations;

— acquiring the necessary knowledge of procedures to respond appropriately when confronted with such operations;

— appropriately integrating the issue of preventing money laundering and terrorist financing into the procedures and applications developed for application to risk-sensitive activities.

Brussels, 10 January 2014.
K. GEENS

§ 2. The responsible person designated in accordance with § 1 must have the professional experience, knowledge of the Belgian legal and regulatory framework regarding the prevention of money laundering and terrorist financing, the hierarchical level and powers within bpost, as well as the availability necessary for the effective and autonomous exercise of these functions.

§ 3. The responsible person for the prevention of money laundering and terrorist financing ensures, in a general manner, that bpost complies with all its obligations regarding the prevention of money laundering and terrorist financing, and, in particular, ensures the implementation of the administrative organization and internal control measures required under Article 16 of the Law of 11 January 1993. He has the power to propose, on his own initiative, to the effective management of bpost all measures necessary or useful for this purpose, including the release of required resources.

He organizes, in particular, and applies under his authority the procedures for analyzing written reports established in accordance with Article 14, § 2, of the Law of 11 January 1993 and for communicating information to the Cell for Financial Information Processing, in accordance with Articles 23 to 25, 27, and 28 of the Law of 11 January 1993.

He ensures the training and sensitization of staff in accordance with Article 17 of the Law of 11 January 1993 and Article 21 of this regulation.

He is the privileged contact person for the supervisory authority as referred to in Article 39 of the Law of 11 January 1993 and for the Cell for Financial Information Processing for all questions relating to the prevention of money laundering and terrorist financing.

§ 4. The responsible person for the prevention of money laundering and terrorist financing establishes and transmits at least once a year an activity report to the effective management body of bpost.

This report must allow for an assessment of the extent of detected attempts at money laundering or terrorist financing, and for forming a judgment on the adequacy of the administrative organization and internal controls implemented, and of the collaboration of bpost's services in prevention.

A copy of the annual activity report is systematically sent to the supervisory authority as referred to in Article 39 of the Law of 11 January 1993, to the statutory auditor of bpost, and to the Government Commissioner.

TITLE 8. — Training and sensitization of staff

Art. 22. § 1. The mandatory training programs and sensitization regarding the prevention of money laundering and terrorist financing referred to in Article 17 of the Law of 11 January 1993 apply to the staff members of bpost:

— who, by the tasks they perform for their clients, or by the operations they execute, run the risk of being confronted with attempts at money laundering or terrorist financing, or

— whose tasks consist of developing procedures or computer or other applications that are used in activities sensitive to this risk;

§ 2. The training programs, sensitization, and regular information of staff are specifically aimed at:

— acquiring the knowledge and developing the critical spirit necessary to detect atypical operations;

— acquiring the knowledge of procedures necessary to react adequately to such operations;

— adequately integrating the issue of preventing money laundering and terrorist financing into the procedures and tools developed to be applied to activities sensitive from the point of view of this risk.

Brussels, 10 January 2014.
K. GEENS

12222 BELGIAN STATE GAZETTE — 12.02.2014 — MONITEUR BELGE