Royal Decree of 16 March 2010 approving the CBFA Regulation of 23 February 2010 on the prevention of money laundering and terrorist financing

FEDERAL PUBLIC SERVICE FINANCES
N. 2010 — 1018 [C − 2010/03166]
16 MARCH 2010. — Royal Decree approving the regulation of the Banking, Finance and Insurance Commission regarding the prevention of money laundering and terrorist financing

ALBERT II, King of the Belgians,
To all, present and future, Greetings.

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, in particular Article 38, as amended by the Law of 18 January 2010;

Having regard to the Law of 22 March 1993 on the status and supervision of credit institutions, in particular Article 20;

Having regard to the Law of 6 April 1995 on the status of investment firms, intermediaries and investment advisors, in particular Article 62;

Having regard to the Law of 9 July 1975 concerning the supervision of insurance companies, in particular Article 14bis;

Having regard to the Law of 2 August 2002 concerning the supervision of the financial sector and financial services, in particular Article 64;

Having regard to the Royal Decree of 8 October 2004 approving the regulation of the Banking, Finance and Insurance Commission regarding the prevention of money laundering and terrorist financing;

On the proposal of Our Minister of Finance,
We have decided and decide:

Article 1. The regulation of the Banking, Finance and Insurance Commission of 23 February 2010 regarding the prevention of money laundering and terrorist financing, attached to this Decree, is approved.

Art. 2. The Royal Decree of 8 October 2004 approving the regulation of the Banking, Finance and Insurance Commission regarding the prevention of money laundering and terrorist financing is repealed.

Art. 3. Our Minister of Finance is charged with the execution of this Decree.

Given at Brussels, 16 March 2010.

ALBERT
By the King:
The Minister of Finance,
D. REYNDERS

Regulation of the Banking, Finance and Insurance Commission regarding the prevention of money laundering and terrorist financing

The Banking, Finance and Insurance Commission,

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, notably amended by the Law of 18 January 2010, in particular Article 38;

Having regard to Article 20 of the Law of 22 March 1993 on the status and supervision of credit institutions;

Having regard to Article 62 of the Law of 6 April 1995 on the status of investment firms;

Having regard to Article 14bis of the Law of 9 July 1975 concerning the supervision of insurance companies;

Having regard to the Law of 2 August 2002 concerning the supervision of the financial sector and financial services, in particular Articles 64 and 49, § 3;

Having regard to the opinion of the Supervisory Council of 6 January 2010;

Having regard to the opinion of the Insurance Commission of 1 February 2010,

Decides:

CHAPTER 1. — Definitions

Article 1. For the purposes of this Regulation, the following shall be understood:

1° “the Law”: the Law of 11 January 1993 on the prevention of the use of the financial system for money laundering and terrorist financing;

2° “undertaking”: an undertaking or person falling under one of the categories listed in Article 2;

3° “business relationship”: a business relationship within the meaning of Article 7, § 1, first paragraph, 1°, of the Law;

4° “occasional transaction”: a transaction as referred to in Article 7, § 1, first paragraph, 2°, of the Law;

5° “beneficial owner”: a person as referred to in Article 8 of the Law, for whom the client wishes to establish a business relationship or execute a transaction;

6° “third introducer”: a person as referred to in Article 10, § 1, 1° or 2°, of the Law;

7° “trust”: a trust established pursuant to a clearly formulated, usually written (“express trust”) declaration of will by its founder(s), with the exception of a trust established by law without an explicit declaration of will by a founder;

8° “atypical transaction”: a transaction that is particularly susceptible to money laundering or terrorist financing within the meaning of Article 14, § 1, second paragraph, of the Law, notably due to its nature, the surrounding circumstances, the status of the persons involved, its unusual character given the client’s activities, or because it does not appear consistent with the knowledge the undertaking has of its client, the client’s professional activities and risk profile, and, if necessary, the origin of the funds;

9° “first-line supervision”: the supervision exercised on business relationships or occasional transactions with clients by employees who are in direct contact with them, with the aim of detecting atypical transactions;

10° “second-line supervision”: the supervision exercised by means of the supervision system referred to in Article 32, with the aim of detecting atypical transactions.

11° “professional counterparty”: a client who does not fall under a category referred to in Article 11, § 1, of the Law and who is a professional client within the meaning of Article 2, first paragraph, 28°, of the Law of 2 August 2002 concerning the supervision of the financial sector and financial services, as clarified in Section I, first paragraph, of Annex A to the Royal Decree of 3 June 2007 laying down detailed rules for the transposition of the Directive concerning markets in financial instruments, or who is an eligible counterparty within the meaning of Article 2, first paragraph, 30°, of the aforementioned Law of 2 August 2002, as clarified in Article 3, § 1, first paragraph, of the aforementioned Royal Decree of 3 June 2007.

CHAPTER 2. — Ratione personae scope of application

Art. 2. The provisions of this Regulation apply to the undertakings and persons referred to in Article 2, § 1, 4° to 15°, of the Law.

CHAPTER 3. — General provisions

Art. 3. Undertakings shall not establish business relationships with their clients nor execute occasional transactions for which those clients solicit them, unless they have conducted customer due diligence in accordance with Articles 7 and 8 of the Law and the provisions of this Regulation.

By way of derogation from the first paragraph, undertakings may, in exceptional circumstances listed exhaustively in their internal procedures and where it is important that the exercise of activities is not interrupted, verify the identity of the persons involved in a business relationship during the establishment of the business relationship, provided that the following conditions are met:

— the business relationship involves a low risk of money laundering or terrorist financing, given the nature of the relationship and the status of the persons involved;

— the identity of the persons involved is verified, in accordance with Articles 7 and 8 of the Law and the provisions of this Regulation, as soon as possible after first contact with the client;

— the activities carried out in connection with the client are subject to enhanced vigilance until the identity of all persons involved has been verified, whereby for any identified anomaly, including the impossibility of verifying the identity of the persons involved in the business relationship as soon as possible, an internal report is drawn up as referred to in Article 14, § 2, of the Law.

By way of derogation from the first paragraph, credit institutions may, in cases listed exhaustively in their internal procedures, open a bank account in the name of a client before his identity or that of his beneficial owners can be verified in accordance with Articles 7 and 8 of the Law, provided that the following conditions are met:

— no debit transaction is executed by or on behalf of the client from that account, as long as the identity of the persons involved cannot be verified in accordance with Articles 7 and 8 of the Law;

— the identity of the persons involved is verified, in accordance with Articles 7 and 8 of the Law and the provisions of this Regulation, as soon as possible after first contact with the client;

— the operation of the bank account and the process of verifying the identity of the persons involved in accordance with Articles 7 and 8 of the Law are subject to enhanced vigilance, so that for any identified anomaly, including the impossibility of verifying the identity of the persons involved within the time limit prescribed by internal rules, an internal report is drawn up as referred to in Article 14, § 2, of the Law.

Internal rules define appropriate measures guaranteeing that the conditions set out in the second and third paragraphs are met.

CHAPTER 4. — Identification of clients

Art. 4. An undertaking and a client establish a business relationship within the meaning of Article 7, § 1, first paragraph, 1°, of the Law when they conclude a contract under which they will carry out various successive transactions during a fixed or indefinite period or which creates a number of continuing obligations.

There is also establishment of a business relationship within the meaning of Article 7, § 1, first paragraph, 1°, of the Law when a client, without concluding a contract as referred to in the first paragraph of this Article, regularly and repeatedly turns to the same undertaking for the execution of a number of separate and successive financial transactions.

Art. 5. To comply with the obligation for customer identification under Article 7, § 1, first paragraph, 1°, of the Law, an undertaking may not open anonymous accounts or accounts under a pseudonym or false name for its clients. It must take all appropriate measures to ensure that this prohibition is observed.

An undertaking may only open numbered accounts for its clients within the specific rules determined by it, which set out the conditions for opening such accounts and specify their operational modalities, provided that these conditions do not detract from the application of Articles 7, 8, 12, 13, 14 and 15 of the Law, nor the application of this Regulation.

Art. 6. Pursuant to Article 7, § 1, first paragraph, 4°, of the Law, a client must be identified:

1° if, after his 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 execute a transaction within the framework of a previously established business relationship is indeed the client identified in that context or his authorized and identified agent.

Art. 7. § 1. If the client is a natural person, his identity must be verified, upon face-to-face identification, in accordance with Article 7, § 1, of the Law, by means of his identity card. If the client is a natural person residing abroad, his identity may also be verified by means of his passport.

The identity of persons established 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 using a valid certificate of registration in the foreigners' register, or, if they do not possess such a certificate due to their status, using a valid document issued by the Belgian public authorities.

§ 2. If the client is a natural person, their identity, during remote identification, must be verified in accordance with Article 7, § 1, of the Law using:

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 was 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, whose concerned entity has previously decided to accept the certificates as evidence following a prior and documented assessment of its reputation and certification procedures, or, — by another certification service provider established in a third country, who meets the conditions of Article 16, § 2, of the aforementioned Law of 9 July 2001, and whose concerned entity has previously decided to accept the certificates as evidence following a prior and documented assessment of its 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 the procedures developed by him, by persons authorized by him for that purpose;

c. that qualified certificate was not issued under a pseudonym;

d. the company immediately, systematically, and automatically verifies whether the presented certificate has not expired and has not 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 via consultation of the National Register in accordance with Article 16, § 3, of the Law.

If the identity of the client is not verified in accordance with the preceding paragraph, that verification may be carried out using a copy of a document provided by the client to the company, provided that such identification is made 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.

Companies must periodically review their decision to accept certificates issued by the certification service providers referred to in the first paragraph, 2°, a, second and third indent, in light of an update of the information available to them.

Art. 8. § 1. If the client is a legal entity under Belgian law, their identity, during identification, must be verified in accordance with Article 7, § 1, of the Law using the following documents:

1° the most recent version of the coordinated statutes or the updated statutes of the legal entity-client filed with the clerk's office of the commercial court or published in the annexes to the Belgian State Gazette;

2° the list of the directors of the legal entity-client and the publication of their appointment in the Belgian State Gazette, or any other document by which their status as directors can be proven, such as any publication in the Belgian State Gazette mentioning these persons 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. If the client is a legal entity under foreign law, their identity, during identification, must be verified in accordance with Article 7, § 1, of the Law using equivalent documents as mentioned in § 1, of this Article, and which, if necessary for the company, are translated into one of the national languages or into English.

Art. 9. If the client is a trust, a de facto association, a fiducie, or any other legal structure without legal personality, the company must become aware of the existence, nature, purpose, and management and representation arrangements of the relevant legal structure. It then verifies this information using all documents that can serve as evidence, and makes a copy thereof.

As part of this identification, the company must become aware of the list of persons authorized to manage these clients, and verify this information using a document that can serve as evidence.

Art. 10. If the client is an undivided estate (indivision), the identification and identity verification prescribed by Article 7, § 1, of the Law must be carried out for each undivided owner. In the case of split rights, this identification and identity verification must be carried out for the life tenants, emphyteutic lessees, or superficiaires.

Art. 11. With a view to identifying the subject matter and the expected nature of the business relationship, the company must become aware of and register 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 seeks to achieve by establishing the business relationship.

Art. 12. When identifying a client referred to in Article 7, § 1, first paragraph, 1° and 2°, of the Law, the company must collect and register all required data for the implementation of the client acceptance policy in accordance with Chapter 8 and for compliance with the duty of vigilance regarding business relationships and occasional transactions in accordance with Chapter 9.

Art. 13. § 1. The provisions of Articles 7 and 8 of this Regulation apply to the identity verification of the agents of clients in accordance with Article 7, § 2, of the Law.

The company must furthermore become aware of the representation powers granted to persons acting on behalf of the client, and verify this information using documents that can serve as evidence. The company must make a copy of these documents.

This Article specifically refers to the following persons:

— the legal representatives of an incapacitated client; — persons who, by virtue of a general or special mandate, are authorized to act on behalf of a client; — persons authorized to act as representatives of a client in their relations with the company, when that client is a legal entity, a de facto association, a trust, a fiducie, or any other legal structure without legal personality.

§ 2. Without prejudice to the identification and identity verification of clients who are professional counterparties, and of their ultimate beneficiaries in accordance with Articles 7 and 8 of the Law and the provisions of this Regulation, and provided that companies establishing a relationship with them or carrying out transactions with them ensure that those counterparties and their transactions do not involve specific risks of money laundering or terrorist financing, companies may omit the identification of the employees of the client authorized to carry out transactions on their behalf, regarding the name, first name, and hierarchical rank or functions of those employees within the client's organizational chart.

The identification data of the relevant employees of the client may be verified using the documents customarily exchanged in the context of business relationships or in the execution of such transactions with those counterparties.

In these cases as well, companies are not required to obtain information regarding the private address of the relevant employees of the client.

The internal rules of the firms that make use of the possibility offered in the previous paragraphs contain a exhaustive list of the categories of professional clients, as well as the categories of business relationships or transactions on which the specific rules regarding the identification and identity verification of the client's authorized representatives may be applied.

The firms justify, in writing, for each client to whom those specific rules are applied, why the aforementioned modalities are appropriate and suitable given the risks of money laundering or terrorist financing. They keep that written justification available to the CBFA.

CHAPTER 5. — Identification of the ultimate beneficiaries

Art. 14. The internal procedures of the firm 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, depending on the risk of money laundering or terrorist financing associated with the client's profile and the nature of the business relationship or transaction desired by the client.

If the identity of the ultimate beneficiaries cannot reasonably be verified by applying the measures defined in the previous paragraph, the firm must justify in writing which measures it has effectively taken in this regard, and keep that justification in the client's identification file. In applying its client acceptance policy as referred to in Chapter 8, the firm takes into account the fact that the identity of the ultimate beneficiaries could not be verified. It refuses to establish a business relationship or to carry out a transaction desired by the client if the risk of money laundering or terrorist financing unreasonably increases as a result of the fact that the identity of the ultimate beneficiaries could not be verified.

Art. 15. If the client is a commercial company or a company with a commercial form, the term "natural person or persons who exercise control over the management of the company" in the sense of Article 8, § 1, third paragraph, 1°, b), of the law shall be understood to mean:

— the natural persons referred to in Articles 5 to 9 of the Companies Code who, without owning or controlling more than 25% of the shares or voting rights, exercise direct or indirect actual control over the company;

— as well as persons who, without being authorized to represent the client in its relations with the firm, hold a mandate in its governing body.

Art. 16. If the client is a legal person, but not a commercial company or a company with a commercial form as referred to in Article 15, the term "natural persons or persons who exercise control over 25% or more of the assets of the legal person" as referred to in Article 8, § 1, third paragraph, 2°, c), of the law shall in particular be understood to mean persons who, without being authorized to represent the client in its relations with the firm, hold a mandate in its governing body.

Art. 17. If the client is an unincorporated association or any other legal structure without legal personality, such as a trust or a fiducie, the term "natural person or persons who exercise control over 25% or more of the assets of the legal structure" in the sense of Article 8, § 1, third paragraph, 2°, c), of the law shall include, among others, persons who have the power to exercise significant influence over its management, with the exception of the persons referred to in Article 13 of this regulation who are authorized to represent the association with the firm.

Art. 18. § 1. When the firm, based on the examination of the information communicated by the client regarding the identity of its ultimate beneficiaries in accordance with Article 8, § 3, of the law, can conclude that that information is relevant and credible, it proceeds to the identity verification of those ultimate beneficiaries in accordance with Article 14.

§ 2. If there are reasons to doubt the relevance or credibility of the information communicated by the client in accordance with Article 8, § 3, of the law, the firm takes all other appropriate measures to identify the ultimate beneficiaries of the client, as well as all reasonable measures to verify their identity in accordance with Article 14.

The firm refuses to establish the business relationship or to carry out the transaction desired by the client if it has reasons to believe that the lack of relevance or credibility of the information communicated by the client aims to conceal the identity of one or more ultimate beneficiaries. Furthermore, it determines whether a report must be made to the Financial Information Processing Cell in accordance with Article 25 of the law.

Art. 19. In the event of splitting of rights, the obligation to identify the ultimate beneficial owners entails that the bare owners, the owners in the context of a leasehold agreement, and the surface right holders in the context of a surface right agreement must be identified and that their identity must be verified in accordance with Article 8, § 1, first paragraph, of the law.

Art. 20. The identification and identity verification of the ultimate beneficiaries of life insurance policies in accordance with Article 8, § 1, first paragraph, of the law must take place at the latest when they assert their right to payment of the benefit resulting from the policy and before that benefit is paid out.

When the ultimate beneficiary of a life insurance policy addresses the insurance company directly to obtain payment of the benefit provided for in the policy, without relying on the insurance intermediary through whose mediation the policy was concluded, the insurance company itself proceeds to the identification and identity verification of that ultimate beneficiary. The firm must not provide the insurance intermediary involved with the identification data and copies of the supporting documents.

CHAPTER 6. — Involvement of third parties in the identification of clients and ultimate beneficiaries

Section 1. — Involvement of an exclusive agent or an authorized representative

Art. 21. A firm that, for establishing or maintaining business relationships with clients or for carrying out occasional transactions for clients, relies on authorized agents or authorized representatives, must clarify in writing to these intervening persons the procedure they must follow, respecting the law and this regulation, in the identification and identity verification of the clients. Furthermore, the firm must ensure appropriate supervision of the compliance with these procedures.

When a firm works with such intervening persons, its personal responsibility for compliance with the provisions of the law and this regulation remains unaffected.

Section 2. — Involvement of a third-party introducer

Art. 22. For a third-party introducer to be able to intervene in accordance with Article 10, § 1, of the law, the following conditions must be met:

1° the firm must verify in advance whether the third-party introducer meets the conditions of Article 10, § 1, first paragraph, of the law, and must keep the documents on which it based itself for this purpose;

2° the third-party introducer must commit in writing in advance to provide the firm immediately with the identification data of the clients he intends to introduce or their ultimate beneficiaries, as well as to provide the firm, upon request, with a copy of the documents by means of which he has verified their identity.

Art. 23. § 1. Firms may have a third-party introducer who meets the conditions of Article 10, § 1, first paragraph, of the law fulfill their obligations to collect the other data referred to in Article 12 of this regulation, and to update that data in accordance with Article 30 of this regulation.

§ 2. Having the obligations listed in Article 10, § 1, first paragraph, of the law and in § 1 of this article fulfilled by a third-party introducer is, however, only possible if he has personally identified the client face-to-face.

Art. 24. In application of Article 10, § 1, fourth paragraph, of the law, a firm that relies on a third-party introducer must ensure that the identification and identity verification of the introduced client and his authorized representatives and ultimate beneficiaries have been carried out fully and correctly, in accordance with the legislation applicable to him. If necessary, it proceeds itself to additional or even completely new identification and identity verification of the introduced client, his authorized representatives or his ultimate beneficiaries in accordance with the provisions of the law and of this regulation.

CHAPTER 7. — Data Retention
Art. 25. In derogation from Articles 7(1), 8(1), and 13 of the Act, undertakings may, pursuant to Article 37(2), second paragraph, of the Act, instead of making and keeping a copy of the evidence documents used to verify the identity of the client and, where applicable, his agents and ultimate beneficiaries, register and keep the reference of those evidence documents, insofar as, by their nature and the manner in which they are kept, they enable the undertakings with certainty to produce those documents immediately upon request from the competent authorities during the period set forth in Article 13 of the Act regarding data retention, without those documents being able to be modified in the meantime.

Undertakings considering using this option must clarify in advance in their client acceptance procedures, under the supervision and responsibility of the person responsible for preventing money laundering and terrorist financing, which categories of evidence documents the references may be registered and kept to replace a copy, as well as how the relevant evidence documents can be retrieved so that they can be produced upon request in accordance with the first paragraph.

CHAPTER 8. — Client Acceptance Policy
Art. 26. The undertaking must draw up and implement a client acceptance policy adapted to its activities, enabling it to carry out a prior assessment of reputation risks associated with the client's profile and the nature of the business relationship or desired transaction when establishing a business relationship with clients or carrying out transactions for them. 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 the undertaking 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 solicit her.

Pursuant to its client acceptance policy, the undertaking 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 Act and Article 27 of this Regulation, and — risk criteria specifically defined by each undertaking concerning itself, taking particular account of the characteristics of the services and products offered by it and of the clients to whom it addresses itself.

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 Act.

Art. 27. The client acceptance policy of the undertakings provides that clients who may pose a specific risk are only accepted as clients after thorough investigation and after a decision has been taken on the matter at an appropriate hierarchical level. Among others, these include:
— those requesting the opening of numbered accounts as referred to in Article 5, second paragraph; — those requesting the provision of wealth management services; — those established or having their residence in a country or territory qualified by the FATF as a country or territory not cooperating with anti-money laundering efforts, or with respect to which the FATF recommends countermeasures or heightened vigilance; — natural persons who have been identified remotely based on a copy of an evidence document; or — 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 with respect to whom no pertinent information could be collected regarding their address.

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Art. 28. § 1. If the client is a credit institution or a financial institution under foreign law as referred to in Article 12, § 4, of the Act, the decision to establish a business relationship or to carry out a contemplated occasional transaction must be based on a file containing elements demonstrating that the obligations imposed by Article 12, § 4, of the Act have been met. The undertaking must keep this file up-to-date.

§ 2. Undertakings that have a business relationship with a credit institution or financial institution under foreign law referred to in § 1 must proceed to:
— a periodic review, depending on the risk, and if necessary an update of the information on which they based their decision to enter into the relevant business relationship; — a new review of the relevant business relationship if they are informed of information that could undermine their confidence in the legal and regulatory provisions to combat money laundering and terrorist financing of the country of establishment of the financial institution-client, or in the efficiency of the controls implemented by that institution regarding the fight against money laundering and terrorist financing; — periodic checks and tests, depending on the risk, to ensure that the financial institution-client complies at all times with the commitments entered into, particularly regarding the obligation to immediately provide pertinent identification data upon request of its clients who have direct access to the transit accounts opened for her.

CHAPTER 9. — Provisions on business relationships and occasional transactions with remotely identified clients
Art. 29. Without prejudice to the provisions of Article 7, § 2, and Chapter 10 of this Regulation, undertakings establishing a business relationship with or carrying out occasional transactions for natural person-clients whom they have identified remotely, establish procedures pursuant to Article 12, § 2, of the Act:
— prohibiting a business relationship from being established or an occasional transaction from being carried out for a remotely identified client, when there are reasons to assume that the client is trying to avoid face-to-face contact to more easily hide his true identity, or that he intends to carry out transactions related to money laundering or terrorist financing; — imposing, depending on the risk, specific additional measures to substantiate the identification data obtained based on the evidence document referred to in Article 7, § 2; — imposing, depending on the risk, the obligation to check the identity of clients who were identified based on an evidence document as referred to in Article 7, § 2, second paragraph, within a reasonable time limit based on another evidence document as referred to in Article 7, § 1 or § 2, first paragraph; — allowing the client to be gradually better known; — excluding transactions involving or capable of working with cash, with the exception of transactions involving withdrawing cash from an ATM on the current account opened in the name of a client who was identified based on an evidence document as referred to in Article 7, § 2, first paragraph; — excluding transactions involving working with financial instruments embodied in bearer securities.

CHAPTER 10. — Customer Due Diligence for Business Relationships and Occasional Transactions
Art. 30. The ongoing vigilance duty referred to in Article 14, § 1, of the Act entails for undertakings the obligation to, within a time limit determined according to the risk, proceed to the verification and, where applicable, the updating of the data referred to in Article 12 of this Regulation which they possess regarding the clients with whom they have established a business relationship, when they have indications that those data are no longer current.

Art. 28. § 1er. When the client is a credit institution or a financial institution under foreign law referred to in Article 12, § 4, of the Act, the decision to enter into the business relationship or the contemplated occasional transaction must be based on a file containing the elements allowing to demonstrate that the obligations defined in Article 12, § 4, of the Act are fulfilled. The entity must keep this file up to date.

§ 2. Entities that maintain business relationships with credit institutions or financial institutions under foreign law referred to in the previous paragraph shall proceed to:
— a periodic review, based on risk, and, if necessary, an update of the information on the basis of which the decision was taken to enter into said relationships; — a new examination of said relationships when information is obtained that is likely to 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 in the field of combating money laundering and terrorist financing; — periodic checks and tests, based on risk, to ensure compliance at all times by the client financial institution with the commitments it has undertaken, notably, with regard to the communication without delay upon request of the pertinent identification data of its clients having direct access to the transit accounts opened for it.

CHAPTER 9. — Provisions relating to business relationships and occasional operations with clients identified remotely
Art. 29. Without prejudice to the provisions of Article 7, § 2, and Chapter 10 of this Regulation, entities that enter into business relationships or carry out occasional operations with clients, natural persons, whom they have identified remotely, implement, pursuant to Article 12, § 2, of the Act, procedures that:
— prohibit entering into a business relationship or carrying out an occasional operation with a client identified remotely, when there are reasons to believe that the client seeks to avoid face-to-face contact in order to more easily conceal his true identity, or that he intends to carry out operations of money laundering or terrorist financing; — impose, depending on the risk, specific complementary measures aimed at corroborating the identification information obtained on the basis of the evidence document referred to in Article 7, § 2; — impose, depending on the risk, to proceed within a reasonable time limit to the verification of the identity of clients who have been identified by means of a document referred to in Article 7, § 2, paragraph 2, by means of another evidence document referred to in Article 7, § 1st, or § 2, paragraph 1st; — allow progressively improving knowledge of the client; — exclude operations involving or allowing the handling of cash, with the exception of cash withdrawal operations by means of an automated machine on the current account opened in the name of a client identified by means of a document referred to in Article 7, § 2, paragraph 1st; — exclude operations involving the handling of financial instruments incorporated in bearer securities.

CHAPTER 10. — Vigilance duties towards business relationships and occasional operations
Art. 30. The duty of constant vigilance of entities provided for by Article 14, § 1st, of the Act includes that of verifying and, if necessary, updating within a time limit determined according to the risk the information referred to in Article 12 of this Regulation that they hold concerning the clients with whom they maintain a business relationship when indications are provided to them that these data are no longer current.

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Art. 31. The enterprises shall inform in writing their employees responsible for first-line supervision of the appropriate criteria enabling them to detect atypical transactions, to which they must pay specific attention and for which they must draw up a written report as referred to in Article 14, § 2, of the Act.

In the examination of transactions and facts referred to in Article 14, § 1, second paragraph, of the Act, particular attention shall be paid to the apparent economic justification and legitimacy of those transactions and facts.

The enterprises shall also inform in writing their employees responsible for first-line supervision of the procedure to be followed when submitting written reports to the person responsible for the prevention of money laundering and terrorist financing referred to in Article 18 of the Act, including the time limits within which those reports must be submitted.

Art. 32. The enterprises shall complement first-line supervision with second-line supervision using a surveillance system to detect atypical transactions, for which a written report must be drawn up as referred to in Article 14, § 2, of the Act.

That surveillance system must:
— cover all client accounts and all their transactions; — be based on accurate and relevant criteria defined by each enterprise individually, taking primarily into account the characteristics of the range of services and products offered and the clients to whom they are addressed, and being sufficiently refined to effectively detect atypical transactions; — enable the rapid detection of such transactions; — produce written reports describing the atypical transactions detected and indicating on the basis of which criteria referred to in the second dash of this paragraph those transactions are qualified as atypical; these reports shall be submitted to the person responsible for the prevention of money laundering and terrorist financing referred to in Article 18 of the Act; — be automated, unless the enterprise can demonstrate that automation of the surveillance system is not required given the nature and volume of the transactions to be supervised; — be subject to an initial validation procedure and then regularly re-examined for relevance, so that it can be adapted, if necessary, to the evolution of activities, clientele, or environment.

The criteria referred to in the second dash of the previous paragraph take into account in particular the specific risk of money laundering or terrorist financing associated with transactions carried out by clients whose acceptance is subject to stricter rules under the client acceptance policy referred to in Chapter 8.

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 terms or given the habits of the client concerned in their relationship with the enterprise.

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 on information on the payer accompanying money transfers, shall be considered as an atypical transaction within the meaning of this article.

Art. 33. If an enterprise reports to the Financial Intelligence Processing Cell information concerning a suspicious transaction in accordance with Articles 23, 24, 27 or 28 of the Act, or reports a fact that could indicate money laundering or terrorist financing in accordance with Article 25 of the Act, it shall increase vigilance in its business relationship with the persons to whom the reported information relates. This increased vigilance must be maintained as long as this is necessary, depending on the circumstances, to ensure that the suspicious transaction is a standalone transaction or to promptly detect any new suspicious transactions that the client might carry out.

In that case, the enterprises shall, in particular, in accordance with Article 14 of the Act, examine with particular attention any transaction by the client consisting of a withdrawal, transfer, repurchase, or any other transaction that could contribute to concealing the location of funds suspected of having an illegal origin. If necessary, the enterprises shall make a new report to the Financial Intelligence Processing Cell in accordance with Articles 23, 24, 25, 27 or 28 of the Act.

Art. 34. The enterprises shall employ the necessary means and develop appropriate procedures to, under the responsibility of the person responsible for the prevention of money laundering and terrorist financing referred to in Article 18 of the Act, proceed as soon as possible to the analysis of the written reports referred to in Article 14, § 2, of the Act submitted to him in accordance with Articles 31 and 32 of this Regulation, and to determine whether those transactions or facts should be brought to the attention of the Financial Intelligence Processing Cell in accordance with Articles 23 to 25, 27 and 28 of the Act.

The analysis of the written report and the decision resulting from that analysis under Articles 23 to 25, 27 and 28 of the Act shall be kept in the manner referred to in Article 15, second paragraph, of the Act.

CHAPTER 12. — Appointment and role of the person responsible for the prevention of money laundering and terrorist financing

Art. 35. § 1. The person(s) responsible for the prevention of money laundering and terrorist financing referred to in Article 18 of the Act shall be appointed by the body responsible for effective management at each enterprise, after that body has satisfied itself that that person(s) possesses the appropriate professional integrity necessary to perform that function honestly.

§ 2. The responsible person(s) appointed in accordance with § 1 must have the required professional experience, knowledge of the Belgian legal and regulatory framework for the prevention of money laundering and terrorist financing, be at the appropriate hierarchical level within the enterprise and have the necessary powers, and be sufficiently available to effectively and autonomously exercise the function concerned.

§ 3. The person(s) responsible for the prevention of money laundering and terrorist financing shall generally ensure that the enterprise complies with all its obligations regarding the prevention of money laundering and terrorist financing, and in particular ensure that the enterprise provides for an appropriate administrative organization and internal control measures as required under Article 16 of the Act. They are empowered to propose on their own initiative to the effective management of the enterprise all measures necessary or useful for this purpose, including the release of the necessary means.

They shall in particular develop and apply under their responsibility procedures for the analysis of the written reports drawn up in accordance with Article 14, § 2, of the Act, and for the provision of information to the Financial Intelligence Processing Cell in accordance with Articles 23 to 25, 27 and 28 of the Act.

They shall oversee the training and awareness of staff in accordance with Article 17 of the Act and Article 36 of this Regulation.

They are the privileged contact persons, if necessary in consultation with the compliance officer, for the Commission for Banking, Finance and Insurance and for the Financial Intelligence Processing Cell regarding all questions concerning the prevention of money laundering and terrorist financing.

§ 4. The person(s) responsible for the prevention of money laundering and terrorist financing shall draw up at least once a year an activity report which they submit to the body responsible for the effective management of their enterprise. This report must allow an assessment of the extent of the detected attempts at money laundering or terrorist financing, of the appropriateness of the administrative organization and internal controls developed, and of the cooperation of the enterprise's services in prevention.

A copy of the annual activity report is systematically submitted to the Commission for the Bank, Finance and Insurance and, where applicable, to the approved statutory auditor of the undertaking. The undertakings referred to in Article 2, § 1, 5° and 7°, of the Act are indeed exempt from this obligation to submit their annual activity report, but must nevertheless keep their five most recent annual reports available to the Commission for the Bank, Finance and Insurance and submit them to it without delay if requested.

CHAPTER 13. — Training and sensitization of staff

Art. 36. § 1. The mandatory training and sensitization referred to in Article 17 of the Act regarding the prevention of money laundering and terrorist financing applies to the staff of the undertakings and to all persons who represent the undertakings as independent contractors:
— who, by the tasks they perform for clients or by the operations they carry out, 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 used in activities sensitive to this risk.

§ 2. The training and sensitization of, and regular information provided to, staff are aimed in particular at:
— helping them acquire the necessary knowledge and develop the critical reflex needed to detect atypical operations; — helping them acquire the necessary knowledge of procedures to respond appropriately when confronted with such operations; — appropriately integrating the issues regarding the prevention of money laundering and terrorist financing into the procedures and applications developed to be applied to risk-sensitive activities.

CHAPTER 14. — Entry into force and transitional provisions

Art. 37. This regulation enters into force on the date of entry into force of the Royal Decree approving it.

From that date, this regulation replaces the regulation of the Commission for the Bank, Finance and Insurance of 27 July 2004 regarding the prevention of money laundering and terrorist financing, approved by Royal Decree of 8 October 2004, which is hereby repealed.

Brussels, 23 February 2010.
The President,
N. 2010 — 1019
FEDERAL PUBLIC SERVICE
SOCIAL SECURITY
J.-P. SERVAIS
*
[2010/200763]

21 FEBRUARY 2010. — Royal Decree granting optional allowances charged to the basic allocation 58.11.33.00.14 of budget 24 of the Federal Public Service Social Security for the budget year 2009

ALBERT II, King of the Belgians,
To all whom these presents shall come, Greeting.
Having regard to the laws on State accounting, coordinated on 17 July 1991, Articles 55 to 58; Having regard to the Act of 13 January 2009 containing the General Expenditure Budget for the budget year 2009; Having regard to the opinion of the Inspector of Finances, given on 16 December 2009; On the proposal of the Minister of Social Affairs, Have We decided and do We decide:

Article 1. An allowance of one thousand EUR is granted to:
Théâtre de la Toison d’Or-Mazal ASBL
Galeries de la Toison d’Or 396-398
1050 Brussels

A copy of the annual activity report is systematically sent to the Commission for the Bank, Finance and Insurance and, where applicable, to the approved statutory auditor of the entity. However, the entities referred to in Article 2, § 1, 5° and 7°, of the Act are exempt from this annual transmission, but keep the five most recent annual reports available to the Commission for the Bank, Finance and Insurance and communicate them to it without delay upon its request.

CHAPTER 13. — Training and sensitization of staff

Art. 36. § 1. The obligation of training and sensitization to the prevention of money laundering and terrorist financing referred to in Article 17 of the Act concerns the staff members of the entities and any person who represents them as an independent contractor, — whose tasks in relation to clients or operations expose them to the risk of being confronted with attempts at money laundering or terrorist financing, — or whose tasks consist of developing procedures or computer or other tools applicable to activities sensitive from the point of view of this risk.

§ 2. The training, sensitization and regular information of the staff aim in particular 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 the prevention of 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.

CHAPTER 14. — Entry into force and transitional provisions

Art. 37. This regulation enters into force on the day of entry into force of the Royal Decree approving it.

It repeals and replaces on that date the regulation of the Commission for the Bank, Finance and Insurance of 27 July 2004 regarding the prevention of money laundering and terrorist financing, approved by Royal Decree of 8 October 2004.

Brussels, 23 February 2010.
The President,
J.-P. SERVAIS
FEDERAL PUBLIC SERVICE
SOCIAL SECURITY
F. 2010 — 1019 [2010/200763]

21 FEBRUARY 2010. — Royal Decree granting optional subsidies charged to the basic allocation 58.11.33.00.14 of budget 24 of the Federal Public Service Social Security for the budget year 2009

ALBERT II, King of the Belgians,
To all, present and future, Greeting.
Having regard to the laws on State accounting, coordinated on 17 July 1991, Articles 55 to 58; Having regard to the Act of 13 January 2009 containing the General Expenditure Budget for the budget year 2009; Having regard to the opinion of the Inspector of Finances, given on 16 December 2009; On the proposal of the Minister of Social Affairs, We have decided and do decide:

Article 1. A subsidy of one thousand EUR is allocated to:
Théâtre de la Toison d’Or-Mazal ASBL
Galeries de la Toison d’Or 396-398
1050 Brussels

BELGIAN GAZETTE — 24.03.2010 — MONITEUR BELGE 18579