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Compliance with the AML/CTF Act in the Netherlands

Required Elements of Compliance Programs (3.5)

Institutions with two or more policymakers must appoint a day-to-day Anti-Money Laundering and Counter-Terrorist Financing (AML CTF) policymaker responsible for compliance.

Recordkeeping and Reporting Large Currency Transactions (3.6)

For recordkeeping requirements, please see question 2.1. For reporting large cash transactions, see section below on Reporting Unusual Transactions.

Reporting Unusual Transactions (3.7)

Financial institutions must report unusual transactions to the Financial Intelligence Unit (FIU) if they contain objective or subjective indicators of money laundering. Reports must include:

Client identity
Transaction details
Why the transaction is deemed unusual

Cross-Border Transactions (3.8)

Cross-border transactions are within the scope of the AML CTF Act and must be reported by institutions to the FIU if they are unusual.

Customer Identification and Due Diligence Requirements (3.9)

The AML CTF Act provides three procedures for customer identification and due diligence:

Simplified
Standard
Enhanced

High-risk clients or transactions require enhanced due diligence.

Prohibition on Financial Institution Accounts for Foreign Shell Banks (3.10)

Banks and other financial institutions cannot enter into or continue a correspondent relation with a shell bank or a bank that allows a shell bank to use its accounts.

Reporting Suspicious Activity (3.11)

Transactions must be reported if they are deemed unusual, even if not necessarily suspicious. The notifying institution is exempt from liability for damages caused to the client as a result of the notification.

There are no specific mechanisms mentioned in the provided text for facilitating information sharing between government authorities and financial institutions and businesses subject to anti-money laundering controls.