Title: Belgian Financial Regulators Crack Down on Money Laundering and Terrorist Financing: A Closer Look at AML/CFT Regulations in Belgium
Money Laundering Prohibition in Belgium
- Strictly prohibited under the Law of January 11, 1993 (Article 505 of the Penal Code)
- Punishable by up to five years in prison
- EU’s Council Directive 2001/97/EC incorporated: expanded scope to terrorist financing
- January 2010: aligned with EU’s third anti-money laundering directive
Regulatory Oversight and Enforcing Agencies in Belgium
- Belgian Banking and Finance Commission (CBFA): banks, exchange houses, stock brokerages, insurance firms
- Belgian Gaming Commission: casinos
- Unregulated professions: come under CTIF-CFI
- Financial Services and Markets Authority (FSMA): apex regulatory body, ensures AML/CFT compliance and financial system stability
FSMA’s Role and Objectives
- Replaced the Banking, Finance, and Insurance Commission (CBFA) in 2011
- Operates as an autonomous public organization reporting to the Belgian parliament and governed by Royal Decree
- Key objectives: six areas—monitoring financial markets, ensuring regulations and norms, supervising financial products, overseeing financial service providers, monitoring supplemental pension plans, and promoting financial education
AML/CFT Regulations, Conduct Guidelines, and Penalties in Belgium
- EU Member: integrated AMLD into national legislation
- Fifth Anti-Money Laundering Directive (5AMLD): September 2017, expanded regulation to cover: cryptocurrency service providers, prepaid cards, high-value commodities transactions, and additional beneficial ownership measures
- Sixth Anti-Money Laundering Directive (6AMLD): came into force in December 2020, compliance deadline of June 3, 2021
- Adherence to FSMA’s conduct guidelines
- Penalties for noncompliance: five years’ imprisonment and fines of up to €800,000 for individuals and up to €5 million for businesses, investigational obstruction: fines of up to €5 million and a year in prison
Belgium’s comprehensive AML/CFT regulatory framework helps maintain a secure and robust financial sector while combatting financial crimes.