Fiches Belges

Yes. Simplified procedure to verify whether a physical or legal person subject to a criminal investigation owns, controls or holds one or more bank accounts (request of information concerning bank accounts) and, where an account has been identified, to monitor or otherwise track the transactions made or to be made on such account (transaction monitoring and transaction information request). Exceptional measures to be duly motivated. Scope limited to criminal offences punishable by a prison sentence of a maximum of at least two years. Alternative measures: Search and seizure (A.30).

Art. 26, 27, 28(1) a) Directive 2014/41/EU (implemented by the Law of 1st August 2018) – Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, and its Protocol of 16th October 2001, approved by statute of 27th October 2010.

Execution of the measure by the investigating magistrate, under the conditions set forth under articles 66-2 ff. of the Code of Criminal Procedure. EIOs as well as requests of MLA shall be addressed to the General State Prosecutor. Transmission of the documents and information collected authorized by a decision of the pre-trial chamber of the competent District Court.

EIO written or translated into French, German or English / Translation of the letters rogatory and attached documents into French or German; English commonly accepted.

As a general rule, decision on the recognition or execution of the EIO within 30 days of receipts. Decision of the Pre-Trial Chamber of the competent District Court within 20 days following the action taken by the Public Prosecutor (without prejudice of any possible appeal)

Under the EIO Directive : Besides the grounds of non-recognition/execution provided under art. 11 Directive 2014/41/EU, recognition and execution might be refused where the measure would be not be available in a similar domestic case. The conditions set forth under art. 26, 27 and 28 (1) a) apply. Under MLA instruments: to be requested by international letters rogatory. Contents: - an indication of the authority making the request; - the object of and the reason for the request; - time and place of perpetration of the offence, a summary of the facts, and an indication of the reasons why the requesting autority believes that the information requested is fundamental for the investigation of the relevant criminal conduct ; - where possible, the identity and the nationality of the person concerned; - specific reasons why the requesting authority believes that an account is held in a Luxembourg based bank, and, where possible, the indication of the banks that might be implied ; - an indication of the criminal conduct under investigation, including the statutory basis and the sanctions attached thereto; - any specific procedure requested by the requesting party, in particular whether the witness is to be heard under oath or not, and whether he is to be informed about any rights in application of the procedure of the requesting State. Execution of the measure in conformity with the procedure applicable in the requesting State : possible as a matter of principle; to be assessed on a case by case basis. Relevant formalities to be expressly indicated. Irrespective of the statutory basis, the concerned banks shall not reveal the measure to their client or any third parties.