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Protecting Professionals: Anonymity and Immunity for Reporting Suspicious Activities

Brussels, Belgium - To combat money laundering and terrorist financing, the Financial Intelligence Processing Unit (CTIF-CFI) has introduced measures to protect professions subject to the Money Laundering and Terrorist Financing Act (ML/TF Act).

Judicial Immunity and Anonymity for Reporting Suspicious Activities

According to Article 57 of the ML/TF Act, professionals who report suspicions of money laundering or terrorist financing to CTIF-CFI in good faith are granted:

  • Judicial immunity, both criminal and civil
  • Disciplinary immunity

Furthermore, the identity of the suppliers of information is not disclosed when CTIF-CFI informs the Public Prosecutor, the Federal Public Prosecutor’s Office, or a foreign body responsible for combating money laundering or the financing of terrorism (Article 83, §2). This ensures anonymity for those who report suspicious activities.

Role of CTIF-CFI in Receiving Reports of Suspected Money Laundering or Terrorist Financing

The CTIF-CFI is tasked with:

  • Analyzing information received
  • Forwarding serious indications of money laundering or terrorist financing to the Public Prosecutor or the Federal Public Prosecutor (Article 76, §3 and Article 79)
  • Opposing the execution of a transaction for a period of five days if it suspects it is related to money laundering or terrorist financing (Article 80)

Sanctions for Non-Compliance with ML/TF Act

Professions subject to the ML/TF Act face:

  • Administrative fines ranging from €250 to €1,250,000 for non-financial professions and 5% to 10% of their annual net turnover for financial professions (Article 132)
  • These sanctions are imposed by the authority competent for the sector in question and collected by the FPS Finance (Article 134)

Restrictions on Cash Payments and Donations

The ML/TF Act places restrictions on:

  • Cash payments up to €3,000 may be made or received at public sales under the supervision of a judicial officer
  • The purchase/sale of precious metals, scrap metals, or copper cables between professionals is prohibited in cash
  • The purchase of these items by a professional from a consumer must also be done through other means

Compliance Monitoring

Different authorities are responsible for monitoring compliance with various aspects of the ML/TF Act, including:

  • The FPS Economy monitors compliance with the restriction on payments and donations in cash (Article 85, §3)
  • These authorities may request information deemed useful and carry out on-site inspections as necessary

Role of FPS Economy

The FPS Economy plays a crucial role in enforcing the ML/TF Act, including:

  • Drawing up regulatory standards
  • Checking whether professions subject to the Act comply with their legal obligations (Article 86)
  • Monitoring compliance with the restriction on payments and donations in cash, ensuring that all sectors and matters falling under its competence are compliant

For more information on the ML/TF Act and its implementation, please visit [insert website URL].