Proposition 54K2898

Projet de loi portant enregistrement des prestataires de services aux sociétés.

General information ¶

Submitted by

MR Swedish coalition

Submission date

Feb. 16, 2018

Official page

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Status

Adopted

Requirement

Simple

Subjects

EC Directive administrative formalities provision of services financial control financial legislation database type of business terrorism money laundering

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP ∉ Open Vld N-VA MR PVDA | PTB PP VB

Contact form ¶

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Discussion ¶

March 15, 2018 | Plenary session (Chamber of representatives)

Full source

I am referring to my written report.

The fight against money laundering and terrorist financing is a priority of our government. It is important to emphasize that this transposition into Belgian law of the EU directive reflects a fair balance between freedom of enterprise and security, which is why this transposition focuses where problems may arise. Indeed, for the sake of proportionality, the choice was made not to extend the scope of the bill to activities and situations that do not occur in our country.

Specifically, this bill requires prior registration of service providers to companies that escape the Law on the Prevention of Money Laundering and Terrorist Financing and whose services could facilitate this money laundering. In fact, it is essential to deal with reliable and identified interlocutors.

This bill allows to respond to the reality of the home activity used by companies for fraudulent activities. While they escape the regulations relating to the fight against money laundering and terrorist financing, this project tightened the conditions for obtaining a domicile by numerous dissuasive measures, which would discourage such companies from establishing on Belgian soil. In addition, the text meets a number of concerns of the Financial Action Group (FATF).

For these various reasons, my group will support this text.

Mr. Speaker, Mr. Minister, colleagues, as in the committee, we will support the present draft in the plenary session. After all, we believe that structures, such as the use of so-called postal boxes, should be stopped. Transposing a major European directive, aimed at combating money laundering or terrorist financing, is in any case a good step forward.

However, we are facing a double feeling. As the State Council judges, it is very regrettable for us that the transposition of the European Directive has been incomplete and not entirely correct. The directive defines five activities, of which you only take over one. You give the King the opportunity to amend the law. At this point too, however, we follow the Council of State and we also consider that the proposed delegation provision does not provide solace.

We cannot deny that this design is a missed opportunity. Europe is giving Member States more power in the fight against money laundering and terrorist financing, but Belgium leaves here a great opportunity to actually do what needs to be done. Instead of investing heavily on the problem and anticipating future, possible, actual developments, we are here proposed a light version, which emits little ambition. We note that the fight against money laundering and terrorist financing is not a priority for this government and that it is also acting accordingly.

We also know that the full transposition of the Directive would result in additional financial measures and additional personnel. However, this is the choice that we must make.

Nevertheless, we will support the current meritorious effort, even if it is only to show that we are willing to do it fully.