Who must report?

A detailed overview of the obliged entities can be found in Article 5 of the Law of 18 September 2017 (please refer to Belgian legislation).

The provisions of the Law are mainly applicable to the following entities acting in the exercise of their professional activity:

• the National Bank of Belgium;
• the limited company under public law bpost
• credit institutions
• insurance companies authorised to engage in life insurance activities
• payment institutions
• electronic money issuers
• electronic money institutions
• central securities depositories
• mutual guarantee societies
• stockbroking firms
• investment firms that are authorised as portfolio management and investment advice companies
• branches in Belgium of management companies of foreign undertakings for collective investment
• management companies of alternative investment funds
• investment firms provided that and to the extent that these firms trade their securities themselves
• debt investment firms provided that and to the extent that these firms trade their securities themselves
• providers of exchange services between virtual currencies and fiat currencies established in Belgium
• custodian wallet providers established in Belgium
• market operators
• persons established in Belgium who, by way of their business activity, carry out spot purchases and sales of foreign currency in the form of cash or cheques expressed in foreign currencies, or by using a credit or payment card
• intermediaries in banking and investment services
• independent financial planners
• insurance intermediaries that exercise their professional activities without any exclusive agency contract in one or more class of life insurance
• lenders that are engaged in consumer credit or mortgage credit activities
• persons engaged in lease financing
• company auditors, natural persons that are trainee external auditors, as well as audit firms and persons exercising the profession of statutory auditor
• certified external accountants, tax consultants and their trainees
• accountants [experts-comptables] and tax accountants [experts-comptables fiscalistes] and their trainees
• natural or legal persons committing to providing as their main corporate or professional activity, directly or indirectly, material aid, assistance or advice related to tax matters
• notaries
• bailiffs
• lawyers (under the conditions referred to in Article 5 § 1 28°)
• company service providers
• estate agents
• dealers in diamonds
• natural or legal persons purchasing, selling or acting as intermediaries in the trade in works or art or moveable property of more than fifty years old, when the sales price of one or an entity of these works or goods is equal or greater than EUR 10 000 and, registered with the Federal Public Service Economy, SMEs, Self-employed and Energy in accordance with the seventh subparagraph of this paragraph; The intermediaries include art galleries, auction houses and organisers of fairs and exhibitions.
• natural persons or legal persons owning or managing warehouses, including customs warehouses or warehouses located in free ports, that specifically provide a storage service for works of art or moveable property of more than fifty years old and only for such goods and works and those registered with the Federal Public Service Economy, SMEs, Self-employed and Energy
• high-level professional football clubs
• sports agents in the football sector
• the Royal Belgian Football Association ASBL/VZW
• security companies
• natural or legal persons that operate one or several games of chance

CTIF-CFI shall also be responsible for receiving and analysing information received from:

1° the supervisory authorities, when during checks carried out on the obliged entities for which they are responsible, or in any other way, they identify funds, transactions or facts they know, suspect, or have reasonable grounds to suspect to be related to money laundering or to terrorist financing. The same applies to the authorities in charge of supervising the financial markets, by way of derogation of their statutory and regulatory rules on their professional secrecy;

2° the officials of the administrative services of the State, the trustees in a bankruptcy and the temporary administrators referred to in Articles XX.31, § 1, and XX.32, § 2, of the Code of Economic Law, when, in the course of their duties or in the course of their professional activities, they identify funds, transactions or facts they know, suspect, or have reasonable grounds to suspect to be related to money laundering or to terrorist financing;

3° the Federal Public Service Health, Food Chain Safety and Environment, in accordance with Article 98 of Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011;

4° the Point of contact Regularisation of the Federal Public Service Finance, in the framework of the implementation by the Government of the voluntary fiscal regularisation procedure, pursuant to which the aforementioned Point of contact sends CTIF-CFI a copy of the regularisation certificate, as well as a concise explanation of the scope and the origin of the regularised income, amounts, VAT transactions and capital, the period from which they originated, and the financial accounts used for the regularised amounts;

5° the Flemish tax authority in the framework of the temporary Flemish fiscal regularisation, pursuant to which it sends CTIF-CFI a copy of the regularisation certificate, as well as the data mentioned in Article 6 of the Decree of 10 February 2017 on a temporary Flemish fiscal regularisation;

6° the General Customs and Excise Administration of the Federal Public Service Finance, hereinafter referred to as “General Customs and Excise Administration”, in accordance with the Royal Decree of 26 January 2014 on supervisory measures for the physical cross-border transportation of currency and the European Regulation on controls of cash entering or leaving the Union;

7° the public social welfare centres [CPAS-OCMW] when, in the performance of their duties, they identify funds, transactions or facts they know, suspect, or have reasonable grounds to suspect to be related to money laundering or to terrorist financing;

8° FIUs, carrying out duties, similar to those of CTIF-CFI, within the framework of mutual cooperation;

9° the Public Prosecutor’s Office, within the framework of an inquiry or preliminary inquiry related to terrorism and terrorist financing; and

10° the European Anti-Fraud Office of the European Commission, within the framework of an investigation of fraud detrimental to the financial interests of the European Union.