Belgium’s Compliance with the Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime
The Conference of the Parties (COP) has submitted an assessment report on Belgium’s compliance with the Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime (CETS no. 198). This report provides an in-depth analysis of Belgium’s efforts to implement the provisions of the Convention, particularly with regards to money laundering.
Key Findings
- Convictions for Money Laundering: Between 2009 and 2013, there were 577 convictions out of 6,297 cases referred by the Centre for Threats Intelligence and Prevention (CTIF), resulting in a conviction rate of around 9.2%.
- Effectiveness of Prosecutions: The report notes that Belgium has achieved a moderate level of effectiveness in investigating and prosecuting money laundering offenses.
- Recommendations from FATF: The Financial Action Task Force (FATF) made several recommendations to improve the effectiveness of money laundering investigations and prosecutions, including defining a clear criminal justice policy, providing appropriate resources for prosecution authorities, and training judges on money laundering cases.
- Corporate Liability: Belgium recognizes the principle of legal persons’ criminal liability under Article 5 of the Criminal Code. The Convention calls for measures to ensure that legal persons can be held liable if three conditions are met: a laundering offense must have been committed, it was committed on behalf of or in the name of the corporate entity, and the individual concerned has a leading position within the legal person.
- Implementation of Article 9: The report notes that Belgium has demonstrated satisfactory implementation of Article 9 of the Convention.
Recommendations for Improvement
The report highlights areas where Belgium needs to improve its efforts in combating money laundering, including:
- Increasing conviction rates
- Improving the effectiveness of prosecutions
However, it also notes that Belgium has made progress in implementing key provisions of the Convention, such as corporate liability.