| Each Member State shall be legally required to prepare a national risk assessment that outlines appropriate steps to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. |
Yes. (1) A Committee on the prevention of money laundering and terrorist financing, hereinafter “ML/TF Prevention Committee”, is hereby established under the authority of the Minister responsible for the fight against money laundering and terrorist financing. The ML/TF Prevention Committee shall: 1° 2° 3° 4° constitute a multi-disciplinary round table for exchanges on the fight against money laundering and terrorist financing; contribute to the development, coordination and assessment of the national policies and strategies relating to the prevention of money laundering and terrorist financing; coordinate the development and update of the national risk assessment and of the sectoral risk assessments to identify, assess and understand the risks of money laundering and terrorist financing to which the Grand Duchy of Luxembourg is exposed, and ensure its adequate dissemination;
(“Article 9-1c of Law on the fight against money laundering and terrorist financing) |
| Member states shall be legally required to keep the national risk assessment up to date and review it at least every 4 years. |
No. (1) A Committee on the prevention of money laundering and terrorist financing, hereinafter “ML/TF Prevention Committee”, is hereby established under the authority of the Minister responsible for the fight against money laundering and terrorist financing. The ML/TF Prevention Committee shall: 1° 2° 3° 4° constitute a multi-disciplinary round table for exchanges on the fight against money laundering and terrorist financing; contribute to the development, coordination and assessment of the national policies and strategies relating to the prevention of money laundering and terrorist financing; coordinate the development and update of the national risk assessment and of the sectoral risk assessments to identify, assess and understand the risks of money laundering and terrorist financing to which the Grand Duchy of Luxembourg is exposed, and ensure its adequate dissemination;
(“Article 9-1c of Law on the fight against money laundering and terrorist financing) |
| Member states should legally designate an authority or mechanism to co-ordinate actions to assess risks. |
Yes. (1) A Committee on the prevention of money laundering and terrorist financing, hereinafter “ML/TF Prevention Committee”, is hereby established under the authority of the Minister responsible for the fight against money laundering and terrorist financing. The ML/TF Prevention Committee shall: 1° 2° 3° 4° constitute a multi-disciplinary round table for exchanges on the fight against money laundering and terrorist financing; contribute to the development, coordination and assessment of the national policies and strategies relating to the prevention of money laundering and terrorist financing; coordinate the development and update of the national risk assessment and of the sectoral risk assessments to identify, assess and understand the risks of money laundering and terrorist financing to which the Grand Duchy of Luxembourg is exposed, and ensure its adequate dissemination;
(“Article 9-1c of Law on the fight against money laundering and terrorist financing) |
| The following conduct, when committed intentionally, is punishable as a criminal offence: the conversion or transfer of property, knowing that such property is derived from criminal activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action; |
Yes. The following are punishable by imprisonment for one to five years and a fine of 1,250 euros to 1,250,000 euros, or by one of these penalties only:
1) ( Law of 18 July 2014 ) ( Law of 1 August 2018 ) those who have knowingly facilitated, by any means, the false justification of the nature, origin, location, disposition, movement or ownership of the goods referred to in Article 31, paragraph 2, point 1°, forming the object or the product, direct or indirect,of: (...) ( Law of 27 October 2010 ) ( Law of 1 August 2018 ) those who have knowingly assisted in an operation of placement, concealment, disguise, transfer or conversion of the assets referred to in Article 31, paragraph 2, point 1°, forming the object or the proceeds, direct or indirect, of the offences listed in point 1) of or constituting any patrimonial advantage derived from one or more of these offences;
3) ( Law of March 13, 2009 ) ( Law of August 1 , 2018 ) those who have acquired, held, or used property referred to in Article 31, paragraph 2, point 1, which is the object or proceeds, direct or indirect, of the offenses listed in point 1) of that article or which constitutes any financial benefit derived from one or more of those offenses, knowing, at the time they received it, that it originated from one or more of the offenses referred to in point 1) or from participation in one or more of those offenses. ( Law of October 27, 2010 )
4) Attempting the offences described in points 1 to 3 above is punishable by the same penalties.
(“Article 506-1 (1) - (3) of Luxembourg Criminal Code) |
| The following conduct, when committed intentionally, is punishable as a criminal offence: the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal activity; |
Yes. The following are punishable by imprisonment for one to five years and a fine of 1,250 euros to 1,250,000 euros, or by one of these penalties only:
1) ( Law of 18 July 2014 ) ( Law of 1 August 2018 ) those who have knowingly facilitated, by any means, the false justification of the nature, origin, location, disposition, movement or ownership of the goods referred to in Article 31, paragraph 2, point 1°, forming the object or the product, direct or indirect,of: (...) ( Law of 27 October 2010 ) ( Law of 1 August 2018 ) those who have knowingly assisted in an operation of placement, concealment, disguise, transfer or conversion of the assets referred to in Article 31, paragraph 2, point 1°, forming the object or the proceeds, direct or indirect, of the offences listed in point 1) of or constituting any patrimonial advantage derived from one or more of these offences;
3) ( Law of March 13, 2009 ) ( Law of August 1 , 2018 ) those who have acquired, held, or used property referred to in Article 31, paragraph 2, point 1, which is the object or proceeds, direct or indirect, of the offenses listed in point 1) of that article or which constitutes any financial benefit derived from one or more of those offenses, knowing, at the time they received it, that it originated from one or more of the offenses referred to in point 1) or from participation in one or more of those offenses. ( Law of October 27, 2010 )
4) Attempting the offences described in points 1 to 3 above is punishable by the same penalties.
(“Article 506-1 (1) - (3) of Luxembourg Criminal Code) |
| The following conduct, when committed intentionally, is punishable as a criminal offence: the acquisition, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity. |
Yes. The following are punishable by imprisonment for one to five years and a fine of 1,250 euros to 1,250,000 euros, or by one of these penalties only:
1) ( Law of 18 July 2014 ) ( Law of 1 August 2018 ) those who have knowingly facilitated, by any means, the false justification of the nature, origin, location, disposition, movement or ownership of the goods referred to in Article 31, paragraph 2, point 1°, forming the object or the product, direct or indirect,of: (...) ( Law of 27 October 2010 ) ( Law of 1 August 2018 ) those who have knowingly assisted in an operation of placement, concealment, disguise, transfer or conversion of the assets referred to in Article 31, paragraph 2, point 1°, forming the object or the proceeds, direct or indirect, of the offences listed in point 1) of or constituting any patrimonial advantage derived from one or more of these offences;
3) ( Law of March 13, 2009 ) ( Law of August 1 , 2018 ) those who have acquired, held, or used property referred to in Article 31, paragraph 2, point 1, which is the object or proceeds, direct or indirect, of the offenses listed in point 1) of that article or which constitutes any financial benefit derived from one or more of those offenses, knowing, at the time they received it, that it originated from one or more of the offenses referred to in point 1) or from participation in one or more of those offenses. ( Law of October 27, 2010 )
4) Attempting the offences described in points 1 to 3 above is punishable by the same penalties.
(“Article 506-1 (1) - (3) of Luxembourg Criminal Code) |
| Aiding and abetting, inciting and attempting a money laundering offence is punishable as a criminal offence. |
Yes. (4) Attempting the offences described in points 1 to 3 above is punishable by the same penalties. /// Association or agreement with a view to committing the offences provided for in article 506-1 is punishable by the same penalty as the offence completed.
(“Article 506-1 (4) and 506-6 of Luxembourg Criminal Code) |
| Money laundering offences are punishable by a maximum term of imprisonment of at least four years. |
Yes. The following are punishable by imprisonment for one to five years and a fine of 1,250 euros to 1,250,000 euros, or by one of these penalties only:
1) ( Law of 18 July 2014 ) ( Law of 1 August 2018 ) those who have knowingly facilitated, by any means, the false justification of the nature, origin, location, disposition, movement or ownership of the goods referred to in Article 31, paragraph 2, point 1°, forming the object or the product, direct or indirect,of: (...) ( Law of 27 October 2010 ) ( Law of 1 August 2018 ) those who have knowingly assisted in an operation of placement, concealment, disguise, transfer or conversion of the assets referred to in Article 31, paragraph 2, point 1°, forming the object or the proceeds, direct or indirect, of the offences listed in point 1) of or constituting any patrimonial advantage derived from one or more of these offences;
3) ( Law of March 13, 2009 ) ( Law of August 1 , 2018 ) those who have acquired, held, or used property referred to in Article 31, paragraph 2, point 1, which is the object or proceeds, direct or indirect, of the offenses listed in point 1) of that article or which constitutes any financial benefit derived from one or more of those offenses, knowing, at the time they received it, that it originated from one or more of the offenses referred to in point 1) or from participation in one or more of those offenses. ( Law of October 27, 2010 )
4) Attempting the offences described in points 1 to 3 above is punishable by the same penalties.
(“Article 506-1 (1) - (3) of Luxembourg Criminal Code) |
| A prior or simultaneous conviction for the criminal activity from which the property was derived is not a prerequisite for a conviction for money laundering offences |
Yes. The following are punishable by imprisonment for one to five years and a fine of 1,250 euros to 1,250,000 euros, or by one of these penalties only:
1) ( Law of 18 July 2014 ) ( Law of 1 August 2018 ) those who have knowingly facilitated, by any means, the false justification of the nature, origin, location, disposition, movement or ownership of the goods referred to in Article 31, paragraph 2, point 1°, forming the object or the product, direct or indirect,of: (...) ( Law of 27 October 2010 ) ( Law of 1 August 2018 ) those who have knowingly assisted in an operation of placement, concealment, disguise, transfer or conversion of the assets referred to in Article 31, paragraph 2, point 1°, forming the object or the proceeds, direct or indirect, of the offences listed in point 1) of or constituting any patrimonial advantage derived from one or more of these offences;
3) ( Law of March 13, 2009 ) ( Law of August 1 , 2018 ) those who have acquired, held, or used property referred to in Article 31, paragraph 2, point 1, which is the object or proceeds, direct or indirect, of the offenses listed in point 1) of that article or which constitutes any financial benefit derived from one or more of those offenses, knowing, at the time they received it, that it originated from one or more of the offenses referred to in point 1) or from participation in one or more of those offenses. ( Law of October 27, 2010 )
4) Attempting the offences described in points 1 to 3 above is punishable by the same penalties.
(“Article 506-1 (1) - (3) of Luxembourg Criminal Code) |
| A conviction for money laundering offences is possible where it is established that the property was derived from a criminal activity, without it being necessary to establish all the factual elements or all circumstances relating to that criminal activity, including the identity of the perpetrator; |
Yes. The following are punishable by imprisonment for one to five years and a fine of 1,250 euros to 1,250,000 euros, or by one of these penalties only:
1) ( Law of 18 July 2014 ) ( Law of 1 August 2018 ) those who have knowingly facilitated, by any means, the false justification of the nature, origin, location, disposition, movement or ownership of the goods referred to in Article 31, paragraph 2, point 1°, forming the object or the product, direct or indirect,of: (...) ( Law of 27 October 2010 ) ( Law of 1 August 2018 ) those who have knowingly assisted in an operation of placement, concealment, disguise, transfer or conversion of the assets referred to in Article 31, paragraph 2, point 1°, forming the object or the proceeds, direct or indirect, of the offences listed in point 1) of or constituting any patrimonial advantage derived from one or more of these offences;
3) ( Law of March 13, 2009 ) ( Law of August 1 , 2018 ) those who have acquired, held, or used property referred to in Article 31, paragraph 2, point 1, which is the object or proceeds, direct or indirect, of the offenses listed in point 1) of that article or which constitutes any financial benefit derived from one or more of those offenses, knowing, at the time they received it, that it originated from one or more of the offenses referred to in point 1) or from participation in one or more of those offenses. ( Law of October 27, 2010 )
4) Attempting the offences described in points 1 to 3 above is punishable by the same penalties.
(“Article 506-1 (1) - (3) of Luxembourg Criminal Code) |
| Legal persons can be held liable for the breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113 committed on their behalf or for their benefit by any person, acting individually or as part of a body of that legal person and having a leading position within that legal person, based on any of the following: a power to represent the legal person; an authority to take decisions on behalf of the legal person; an authority to exercise control within the legal person. |
Yes. When a crime or offence is committed in the name and in the interest of a legal person by one of its legal bodies, by one or more of its de jure or de facto directors or by any person, acting either individually or as a member of a body of the legal person, who exercises a power of direction within it, on the basis of a power of representation of the legal person or a power to make decisions in the name of the legal person or a power to exercise control within the legal person, the legal person may be declared criminally liable and incur the penalties provided for in Articles 35 to 38.
The legal entity may also be held criminally liable and subject to the penalties provided for in Articles 35 to 38 when a failure of supervision or control by a person referred to in paragraph 1 of this Article has made it possible for a person subject to its authority to commit a crime or offence in the interest of said legal entity.
The criminal liability of legal persons does not exclude that of natural persons who are perpetrators or accomplices of the same offences.
The preceding paragraphs do not apply to the State and municipalities.
(Article 34 of Luxembourg Criminal Code) |
| Legal persons can be held liable where the lack of supervision or control has made possible the commission of any money laundering offences for the benefit of that legal person by a person under its authority. |
Yes. When a crime or offence is committed in the name and in the interest of a legal person by one of its legal bodies, by one or more of its de jure or de facto directors or by any person, acting either individually or as a member of a body of the legal person, who exercises a power of direction within it, on the basis of a power of representation of the legal person or a power to make decisions in the name of the legal person or a power to exercise control within the legal person, the legal person may be declared criminally liable and incur the penalties provided for in Articles 35 to 38.
The legal entity may also be held criminally liable and subject to the penalties provided for in Articles 35 to 38 when a failure of supervision or control by a person referred to in paragraph 1 of this Article has made it possible for a person subject to its authority to commit a crime or offence in the interest of said legal entity.
The criminal liability of legal persons does not exclude that of natural persons who are perpetrators or accomplices of the same offences.
The preceding paragraphs do not apply to the State and municipalities.
(Article 34 of Luxembourg Criminal Code) |
| Legal persons held liable are punishable by criminal or non-criminal fines. |
Yes. The criminal or correctional penalties incurred by legal entities are:
1) the fine, under the conditions and according to the procedures laid down in Article 36;
2) special confiscation;
3) ( Law of July 3, 2018 ) exclusion from participation in public procurement and concession contract procedures;
4) the dissolution, under the conditions and in accordance with the procedures laid down in Article 38.
(Article 35 of Luxembourg Criminal Code) |
| Legal persons held liable are punishable by other sanctions, such as: exclusion from entitlement to public benefits or aid; temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; temporary or permanent disqualification from the practice of commercial activities; placing under judicial supervision; a judicial winding-up order; temporary or permanent closure of establishments which have been used for committing the offence. |
Yes. "The criminal or correctional penalties incurred by legal entities are:
1) the fine, under the conditions and according to the procedures laid down in Article 36;
2) special confiscation;
3) ( Law of July 3, 2018 ) exclusion from participation in public procurement and concession contract procedures;
4) the dissolution, under the conditions and in accordance with the procedures laid down in Article 38."
(Article 35 of Luxembourg Criminal Code) |
| In the event of a breach of Regulations (EU) 2024/1624 and (EU) 2023/1113, where obligations apply to legal persons, pecuniary sanctions can be imposed and administrative measures can be applied not only to the legal person, but also to the senior management and to other natural persons who under national law are responsible for the breach. |
Yes. “A fine of between “EUR 12,500 and EUR 5,000,000”290 shall be imposed on any person who knowingly contravenes the provisions of “Articles 2-2, 3, 3-1, 3-2, 3-3, 4, 4-1 “,”291 5”292 “, 7-1(2) and (6)“,”293 7-2(1) “and 8-3(3)”294.”295
(Article 9 of Law on the fight against money laundering and terrorist financing) |
| Pecuniary sanctions shall be imposed on obliged entities for serious, repeated or systematic breaches, whether committed intentionally or negligently, of the requirements laid down in the following provisions of Regulation (EU) 2024/1624: Chapter II (Internal policies, procedures and controls of obliged entities); Chapter III (Customer due diligence); Chapter V (Reporting obligations); Article 77 (Record retention). |
Yes. “A fine of between “EUR 12,500 and EUR 5,000,000”290 shall be imposed on any person who knowingly contravenes the provisions of “Articles 2-2, 3, 3-1, 3-2, 3-3, 4, 4-1 “,”291 5”292 “, 7-1(2) and (6)“,”293 7-2(1) “and 8-3(3)”294.”295
(Article 9 of Law on the fight against money laundering and terrorist financing) |
| Supervisors are able to apply administrative measures to an obliged entity, where they identify: breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own; weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements; that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed. |
Yes. The powers of the supervisory authorities referred to in the first subparagraph shall include the right to: (a) have access to any document in any form whatsoever, and to receive or take a copy of it; (b) request information from any person and, where applicable, summon any person subject to their respective supervisory power in accordance with Article 2-1 and hear that person to obtain information; (c) carry out on-site inspections or investigations, including seize any document, electronic file or other things that seem useful to ascertaining the truth, with the persons subject to their respective supervisory power pursuant to Article 2-1; (d) require the communication of recordings of telephone conversations, electronic communications and data traffic records held by the persons subject to their respective supervisory power in accordance with Article 2-1; (e) enjoin from the persons subject to their respective supervisory powers in accordance with Article 2-1 to cease, within such period as they may prescribe, any practice that is contrary to Articles 2-2 to 5 “and 8-3(3)”274 or their implementing measures and to desist from repetition of that conduct; (f) request the freezing or sequestration of assets with the President of the Tribunal d’arrondissement (District Court) of Luxembourg deciding on request; (g) impose temporary prohibition, for a period not exceeding 5 years, of professional activities with respect to persons subject to the prudential supervision of the supervisory authority concerned, as well as members of the management body, employees and tied agents linked to these persons; (h) require réviseurs d'entreprises (statutory auditors) and réviseurs d’entreprises agréés (approved statutory auditors) of the persons subject to their respective supervisory powers in accordance with Article 2-1 to provide information; (i) refer information to the State Prosecutor for criminal prosecution; (j) require réviseurs d'entreprises (statutory auditors), réviseurs d’entreprises agréés (approved statutory auditors) or experts to carry out on-site verifications or investigations of persons subject to their respective supervisory powers in accordance with Article 2-1. These verifications and investigations are carried out at the expense of the person concerned.
(Article 8-2 of Law on the fight against money laundering and terrorist financing) |
| Where obliged entities fail to comply with administrative measures applied by the supervisor within the applicable deadlines, supervisors are able to impose periodic penalty payments in order to compel compliance with those administrative measures. |
Yes. (2) When imposing the injunction laid down in point (e) of paragraph 1, the supervisory authorities may impose a coercive fine upon the professionals subject to this measure in order to compel these persons to act upon the injunction. The amount of this coercive fine, on the grounds of an observed failure to perform, may not be greater than EUR 1,250 per day, with the understanding that the total amount imposed due to an observed failure to perform may not exceed EUR 25,000.
(Article 8-2 of Law on the fight against money laundering and terrorist financing) |
| Supervisors are required to publish on their website, in an accessible format, decisions imposing pecuniary sanctions, applying administrative measures or imposing periodic penalty payments. |
Yes. The supervisory authorities shall publish any decision, into force (force de chose décidée) or which has become res judicata (force de chose jugée) and imposing an administrative sanction or measure for breach of the provisions referred to in Article 8-4(1), on their official website immediately after the person sanctioned is informed of that decision. The publication shall include information on the type and nature of the breach and the identity of the persons responsible.
(Article 8-6 of Law on the fight against money laundering and terrorist financing) |
Beneficial ownership of legal persons and legal arrangements |
| Beneficial ownership information must be held in a central register in the Member State where the legal entity is created or where the trustee of an express trust or person holding an equivalent position in a similar legal arrangement is established or resides, or from where the legal arrangement is administered. |
Yes. A register called „Register of beneficial owners”, in abbreviated form „RBE”, is established under the authority of the minister in charge of justice, whose purpose is to store and to make available the information on the beneficial owners of the registered entities
(Article 2 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| Member States shall ensure that the entities in charge of the central registers are empowered to request from legal entities, trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, and their legal and beneficial owners, any information necessary to identify and verify their beneficial owners, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation. |
Yes. (1) The registration of the information referred to in Article 3 and amendments thereto must be requested by the registered entity or by its agent, within one month from the time when the registered entity became aware or should have become aware of the event that necessitates the registration or its amendment. The notary, who prepares the constitutive instrument or any amending instrument of the registered entity, may also request the registration of information referred to in Article 3 and any amendments made thereto.
(2) The information referred to in Article 3 must be adequate, accurate and up‑to‑date.
(3) The request for the registration of the information referred to in Article 3 and any amendments made thereto shall include the supporting documents provided for in Grand‑Ducal regulation.
(Article 4 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| Where no person is identified as the beneficial owner, the central register shall include:
(a) a statement that there is no beneficial owner or that the beneficial owners could not be determined, accompanied by a corresponding justification
(b) the details of all natural persons who hold the position of senior managing officials in the legal entity equivalent to the following information: all names and surnames, place and full date of birth, residential address, country of residence and nationality or nationalities of the beneficial owner, number of identity document, such as passport or national identity document, and, where it exists, unique personal identification number assigned to the person by his or her country of usual residence, and general description of the source of such number |
Yes. if, after having exhausted all possible means and provided there are no grounds for suspicion, no person under point (i) is identified, or if there is any doubt that the person(s) identified are the beneficial owner(s), any natural person who holds the position of senior managing official.
(Article 1 (7) of Law on the fight against money laundering and terrorist financing) |
| Entities in charge of the central registers are required to verify, within a reasonable time upon submission of the beneficial ownership information, and on a regular basis thereafter, that such information is adequate, accurate and up to date. |
No. Absent from legal framework
(Absent from legal framework) |
| Competent authorities, if appropriate and to the extent that such requirement does not interfere unnecessarily with their functions, are required to report to the entities in charge of the central registers any discrepancies they find between information available in the central registers and the information available to them. |
Yes. Art. 8.
(1) Any person having access to the information in the Register of beneficial owners pursuant to Article 11 as well as any professional shall be required to inform the manager as soon as they become aware either of the existence of erroneous data or the absence of all or part of the data in the Register of beneficial owners, or the absence of a registration, an amendment or a deletion, within thirty days of such a finding.
(2) The procedure of Article 9 shall apply.
(3) During the procedure under Article 9, a specific statement relating to the finding referred to in paragraph 1 shall be entered by the manager in the Register of beneficial owners.
(Article 8 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| The information contained in the central registers must include any change to the beneficial ownership of legal entities and legal arrangements and to nominee arrangements, following their first recording in the central register. |
Yes. (1) The registration of the information referred to in Article 3 and amendments thereto must be requested by the registered entity or by its agent, within one month from the time when the registered entity became aware or should have become aware of the event that necessitates the registration or its amendment. The notary, who prepares the constitutive instrument or any amending instrument of the registered entity, may also request the registration of information referred to in Article 3 and any amendments made thereto.
(2) The information referred to in Article 3 must be adequate, accurate and up‑to‑date.
(3) The request for the registration of the information referred to in Article 3 and any amendments made thereto shall include the supporting documents provided for in Grand‑Ducal regulation.
(Article 4 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| The entity in charge of the central register is empowered, whether directly or by application to another authority, including judicial authorities, to carry out checks, including on-site inspections at the business premises or registered office of legal entities, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to-date. |
No. Absent from legal framework
(Absent from legal framework) |
| Where verification leads an entity in charge of a central register to conclude that there are inconsistencies or errors in the beneficial ownership information, the entity in charge of a central register is able to withhold or refuse to issue a valid certificate of proof of registration, or to suspend the validity of an existing certification of proof of registration. |
Yes. (1) The manager shall refuse any application for registration which is incomplete or does not comply with the legal and regulatory provisions. The manager shall also refuse to register or to amend information which does not correspond to the supporting documents.
In the event the manager refuses the registration upon request for one of the reasons referred to in the previous sub‑paragraph, the manager shall request the registered entity concerned or, where applicable, its agent, to regularise its request by supplementing, amending or withdrawing the information requested by the registered entity, or by submitting the required supporting documents.
The registered entity concerned shall have at its disposal a period of fifteen days from the date of the issue of the manager’s request for regularisation to comply therewith.
(2) If the application still does not comply with the laws and regulations or if the missing information or supporting documents have still not been provided within the period referred to in paragraph 1, sub‑paragraph 3, the manager shall notify the registered entity concerned of its refusal to register. Reasons must be given for the refusal. It must mention the possibility for the registered entity to file a judicial proceeding by indicating the competent judge, the procedure to be observed and the time limit.
(Article 7 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| The entity in charge of the central register is empowered to, whether directly or by application to another authority, including judicial authorities, apply effective, proportionate and dissuasive measures or impose such pecuniary sanctions for failures, including of a repeated nature, to provide the central register with accurate, adequate and up-to-date information about their beneficial ownership. |
Yes. Art. 20.
(1) A fine of EUR 1,250 to EUR 1,250,000 shall be imposed on a registered entity that fails to submit, within the time limits referred to in the first subparagraph of Article 4, paragraph 1 and Article 7 paragraph 4, an application for registration in the Register of beneficial owners for the purpose of recording all the information on its beneficial owners referred to in Article 3 and their amendments.
(2) A fine of EUR 1,250 to EUR 1,250,000 shall be imposed on a registered entity that knowingly applies for registration in the Register of beneficial owners for the purpose of recording information referred to in Article 3 that is inaccurate, incomplete or not up‑to‑date.
Art. 21.
(1) A fine of EUR 1,250 to EUR 1,250,000 shall be imposed on a registered entity that fails to obtain and retain, at the premises of its registered office, all the information on its beneficial owners referred to in Article 3.
(2) A fine of EUR 1,250 to EUR 1,250,000 shall be imposed on a registered entity which knowingly provides the national authorities referred to in Article 18 or the professionals referred to in Article 19 with information referred to in Article 3 which is inaccurate or not up‑to‑date.
(3) A fine of EUR 1,250 to EUR 1,250,000 shall be imposed on a beneficial owner who fails to fulfil his obligation under Article 17, paragraph 1.
(Article 20 and 21 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| Competent authorities have immediate, unfiltered, direct and free access to the information held in the interconnected central registers without alerting the legal entity or legal arrangement concerned. These competent authorities include: self-regulatory bodies in the performance of supervisory functions of AML rules; tax authorities; national authorities with designated responsibilities for the implementation of Union restrictive measures; AMLA for the purposes of joint analyses; EPPO; OLAF; Europol and Eurojust when providing operational support to the competent authorities of Member States. |
Yes. (1) In the performance of their duties, the national authorities shall have access to the information referred to in Article 3
(Article 11 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| Beneficial ownership information held in central registers may be made available to obliged entities upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in the central registers and of making the information available. Those fees shall be established in such a way as not to undermine effective access to the information held in the central registers. |
Yes. Access to the information referred to in Article 3, paragraph 1, points 1 to 8, 12 and 13 shall be open to any person
(Article 12 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| Any natural or legal person that can demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences and terrorist financing has access to the following information on beneficial owners of legal entities and legal arrangements held in the interconnected central registers, without alerting the legal entity or legal arrangement concerned:
the name of the beneficial owner; the month and year of birth of the beneficial owner; the country of residence and nationality or nationalities of the beneficial owner; for beneficial owners of legal entities, the nature and extent of the beneficial interest held; for beneficial owners of express trusts or similar legal arrangements, the nature of the beneficial interest. |
Yes. Access to the information referred to in Article 3, paragraph 1, points 1 to 8, 12 and 13 shall be open to any person
(Article 12 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; |
Yes. Access to the information referred to in Article 3, paragraph 1, points 1 to 8, 12 and 13 shall be open to any person
(Article 12 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; |
Yes. Access to the information referred to in Article 3, paragraph 1, points 1 to 8, 12 and 13 shall be open to any person
(Article 12 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: natural or legal persons likely to enter into a transaction with a legal entity or legal arrangement and who wish to prevent any link between such a transaction and money laundering, its predicate offences or terrorist financing; |
Yes. Access to the information referred to in Article 3, paragraph 1, points 1 to 8, 12 and 13 shall be open to any person
(Article 12 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure; |
Yes. Access to the information referred to in Article 3, paragraph 1, points 1 to 8, 12 and 13 shall be open to any person
(Article 12 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; |
Yes. Access to the information referred to in Article 3, paragraph 1, points 1 to 8, 12 and 13 shall be open to any person
(Article 12 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: civil society organisations that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing. |
Yes. Access to the information referred to in Article 3, paragraph 1, points 1 to 8, 12 and 13 shall be open to any person
(Article 12 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| Where entities in charge of central registers decide to grant access to beneficial ownership information, they shall issue a certificate granting access for 3 years. Entities in charge of central registers shall respond to any subsequent request to access beneficial ownership information by the same person within 7 working days. |
Yes. Access to the information referred to in Article 3, paragraph 1, points 1 to 8, 12 and 13 shall be open to any person
(Article 12 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| Member States shall ensure that entities in charge of central registers shall only refuse a request to access beneficial ownership information on one of the following grounds: the applicant has not provided the necessary information or documents pursuant to paragraph 1; a legitimate interest to access beneficial ownership information has not been demonstrated; where on the basis of information in its possession, the entity in charge of the central register has a reasonable concern that the information will not be used for the purposes for which it was requested or that the information will be used for purposes that are not connected to the prevention of money laundering, its predicate offences or terrorist financing; one or more of the situations referred to in Article 15 applies; the legitimate interest to access beneficial ownership information granted by the central register of another Member State does not extend to the purposes for which the information is sought; where the applicant is in a third country and responding to the request to access information would not comply with the provisions of Chapter V of Regulation (EU) 2016/679. |
Yes. Access to the information referred to in Article 3, paragraph 1, points 1 to 8, 12 and 13 shall be open to any person
(Article 12 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| In exceptional circumstances to be laid down in national law, where the access to beneficial ownership information would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States shall provide for an exemption from such access to all or part of the personal information on the beneficial owner. Member States shall ensure that such exemptions are granted on a case-by-case basis upon a detailed evaluation of the exceptional nature of the circumstances and confirmation that those disproportionate risks exist. The right to an administrative review of the decision granting an exemption and the right to an effective judicial remedy shall be guaranteed. |
Yes. Art. 15.
(1) A registered entity or a beneficial owner may request, on a case‑by‑case basis and in the following exceptional circumstances, on the basis of a duly justified request to the manager, to limit access to the information referred to in Article 3 to the national authorities, to credit institutions and to financial institutions and bailiffs and notaries acting in their capacity as public officers only, where such access would expose the beneficial owner to a disproportionate risk, to the risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation or where the beneficial owner is a minor or is otherwise incapacitated.
(2) The manager shall provisionally limit access to the information referred to in Article 3 only to the national authorities from the receipt of the request until the notification of its decision, and, in the event of refusal of the request, for an additional period of fifteen days. In the event of an appeal against a decision to refuse the application, the limitation of access to the information shall be maintained until the decision to refuse the request is no longer subject to appeal.
(3) A restriction to access to information may only be granted for the duration of the circumstances justifying it, but may not exceed a maximum period of three years. It may be renewed by decision of the manager, on the basis of a reasoned request for renewal from the registered entity or the beneficial owner, addressed to the manager at the latest one month before the expiry date of the limitation.
(4) A notice mentioning the limitation of access to information and the date of the related decision shall be published in the Register of beneficial owners by its manager.
(5) Any interested party who intends to challenge a decision of the manager taken pursuant to paragraphs 2 or 3 may lodge an appeal in accordance with the provisions of Article 7, paragraph 3 against that decision within a period of 15 days of the publication of the notice referred to in paragraph 4.
(Article 15 of Law of 13 January 2019 establishing a Register of beneficial owners) |
| Each Member State shall ensure that all obliged entities established in its territory are subject to adequate and effective supervision. To that end, each Member State shall appoint one or more supervisors to monitor effectively, and to take the measures necessary to ensure compliance by the obliged entities with Regulations (EU) 2024/1624 and (EU) 2023/1113. |
Yes. The “CSSF”, is the supervisory authority in charge of ensuring compliance by the credit institutions “and, without prejudice to paragraph 3, by the professionals supervised, authorised or registered by it, including by branches of the foreign professionals notified to the CSSF and by the professionals incorporated under foreign law notified to the CSSF which provide services in Luxembourg without establishing a branch,”84 with their professional obligations as regards the fight against money laundering and terrorist financing provided for in Articles 2-2 to 5 “, 7-1a and 7-2,”85 and their implementing measures. “Moreover, the CSSF is the supervisory authority in charge of ensuring compliance with the professional obligations as regards the fight against money laundering and terrorist financing provided for in Articles 2-2 to 5 and in their implementing measures by tied agents established in Luxembourg of credit institutions or PFS licensed or authorised to carry out their activity in Luxembourg pursuant to the Law of 5 April 1993 on the financial sector, as amended, as well as by agents established in Luxembourg of payment institutions and electronic money institutions licensed or authorised to carry out their activity in Luxembourg pursuant to the Law of 10 November 2009 on payment services, as amended. The CSSF is the supervisory authority in charge of ensuring compliance with the professional obligations as regards the fight against money laundering and terrorist financing provided for in Articles 2-2 to 5 and in their implementing measures by foreign institutions for occupational retirement provision authorised pursuant to the Law of 13 July 2005 concerning the activities and supervision of the institutions for occupational retirement provision, as amended, to provide services to sponsoring undertakings in Luxembourg.”86 (2) The “CAA”87, is the supervisory authority in charge of ensuring compliance by the natural and legal persons referred to in Article 2(…)88 subject to its supervision“, including by branches of the foreign professionals notified to the CAA and by the professionals incorporated under foreign law notified to the CAA which provide services in Luxembourg without establishing a branch,”89 with their professional obligations as regards the fight against money laundering and terrorist financing provided for in Articles 2-2 to 5 and their implementing measures. 80 Law of 13 February 2018 81 Law of 25 March 2020 82 Law of 13 February 2018 83 Law of 25 March 2020 84 Law of 25 March 2020 85 Law of 6 February 2025 86 Law of 25 March 2020 87 Law of 25 March 2020 88 Law of 25 March 2020 89 Law of 25 March 2020 19 (3) The Institut des réviseurs d’entreprises, referred to in Part 1, Title II of the Law of 23 July 2016 concerning the audit profession, shall ensure compliance by its members who are natural and legal persons referred to in point (8) of Article 2(1) “as well as by branches of audit professionals incorporated under foreign law and by audit professionals incorporated under foreign law which provide services in Luxembourg without establishing a branch”90, except for audit firms, with their professional obligations as regards the fight against money laundering and terrorist financing provided for in Articles 2-2 to 5 and their implementing measures. (4) The Ordre des experts-comptables, referred to in Title II of the Law of 10 June 1999 on the organisation of the accounting profession, as amended, shall ensure compliance by its members who are natural and legal persons referred to in point (9) of Article 2(1) “as well as by branches of the professionals incorporated under foreign law which carry out the activities referred to in the first subparagraph of paragraph 1 of the Law of 10 June 1999 on the organisation of the accounting profession, as amended, and by the professionals incorporated under foreign law which provide the activities referred to in the first subparagraph of Article 1 of the Law of 10 June 1999 on the organisation of the accounting profession, as amended, in Luxembourg without establishing a branch”91 with their professional obligations as regards the fight against money laundering and terrorist financing provided for in Articles 2-2 to 5 and their implementing measures. (5) The Chambre des Notaires, referred to in Section VII of the Law of 9 December 1976 on the organisation of the profession of notary, as amended, shall ensure compliance by the notaries referred to in point (11) of Article 2(1) with their professional obligations as regards the fight against money laundering and terrorist financing provided for in Articles 2-2 to 5 and their implementing measures. “(6) The Ordre des avocats in Luxembourg shall ensure compliance by lawyers who carry out in Luxembourg the activities referred to in point (12) of Article 2(1) with their professional obligations as regards the fight against money laundering and terrorist financing provided for in Articles 2-2 to 7 and in their implementing measures. By way of derogation from the first subparagraph, the Ordre des avocats in Diekirch shall ensure compliance by its members with their professional obligations as regards the fight against money laundering and terrorist financing provided for in Articles 2-2 to 7 and in their implementing measures.”92 (7) The Chambre des huissiers, referred to in Chapter VIII of the Law of 4 December 1990 on the organisation of bailiffs, as amended, shall ensure compliance by the bailiffs referred to in point (11a) of Article 2(1) with their professional obligations as regards the fight against money laundering and terrorist financing provided for in Articles 2-2 to 5 and their implementing measures. (8) The “AED”93, is the supervisory authority in charge of ensuring compliance by the professionals not referred to in paragraphs 1 to 7 with their professional obligations as regards the fight against money laundering and terrorist financing provided for in Articles 2-2 to 5 and their implementing measures.”
(Article 2-1 of Law on the fight against money laundering and terrorist financing) |
| Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. |
Yes. CRF is the financial intelligence unit of Luxembourg
(Article 1 of Law on the fight against money laundering and terrorist financing) |
| The FIU as the central national unit shall be responsible for receiving and analysing suspicious transaction reports and other information relevant to money laundering, associated predicate offences or terrorist financing. |
Yes. (1) The professionals, their directors (dirigeants, members of the authorised management) and employees are obliged to cooperate fully with the Luxembourg authorities responsible for the fight against money laundering and terrorist financing “and self-regulatory bodies, in particular, in the framework of their respective supervisory powers conferred on them under Articles 8-2 and 8-2a”236. Without prejudice to the obligations vis-à-vis the “supervisory authorities or self-regulatory bodies”237, the professionals, their directors (dirigeants, members of the authorised management) and employees are required to: (a) inform promptly, on their own initiative, the Financial Intelligence Unit (…)238 when they know, suspect or “have reasonable grounds to suspect that money laundering, an associated predicate offence or terrorist financing”239 is being committed or has been committed or attempted, in particular in consideration of the person concerned, its development, the origin of the funds, the purpose, nature and procedure of the operation. This report must be accompanied by all supporting information and documents having prompted the report.
(Article 5 of Law on the fight against money laundering and terrorist financing) |
| The FIU shall be responsible for disseminating the results of its analyses and any additional relevant information to the competent authorities where there are grounds to suspect money laundering, associated predicate offences or terrorist financing. |
No. Absent from legal framework
(Absent from legal framework) |
| The FIU shall be operationally independent and autonomous, which means that the FIU shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information. It shall be free from any undue political, government or industry influence or interference. |
No. Absent from legal framework
(Absent from legal framework) |
| The FIU, regardless of their organisational status, is authorised to have access to the information that they require to fulfil their tasks, including financial, administrative and law enforcement information. |
Yes. The professionals, their directors (dirigeants, members of the authorised management) and employees are obliged to cooperate fully with the Luxembourg authorities responsible for the fight against money laundering and terrorist financing “and self-regulatory bodies, in particular, in the framework of their respective supervisory powers conferred on them under Articles 8-2 and 8-2a”236. Without prejudice to the obligations vis-à-vis the “supervisory authorities or self-regulatory bodies”237, the professionals, their directors (dirigeants, members of the authorised management) and employees are required to: (a) inform promptly, on their own initiative, the Financial Intelligence Unit (…)238 when they know, suspect or “have reasonable grounds to suspect that money laundering, an associated predicate offence or terrorist financing”239 is being committed or has been committed or attempted, in particular in consideration of the person concerned, its development, the origin of the funds, the purpose, nature and procedure of the operation. This report must be accompanied by all supporting information and documents having prompted the report. (Law of 10 August 2018) “All suspicious transactions, including attempted suspicious transactions, shall be reported, regardless of the amount of the transaction.” The obligation to report suspicious transactions shall apply regardless of whether those filing the report can determine the predicate offence. (b) provide without delay to the Financial Intelligence Unit, at its request, any information. This obligation includes the submission of the documents on which the information is based.
(Article 5 of Law on the fight against money laundering and terrorist financing) |
| FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to that transaction. |
Yes. “The professionals must refrain from carrying out transactions of which they know, suspect or have reasonable grounds to suspect to be related to money laundering, to an associated predicate offence or to terrorist financing until they have informed the Financial Intelligence Unit thereof in accordance with paragraphs 1 and 1a and have complied with any specific instructions from the Financial Intelligence Unit. The Financial Intelligence Unit may give instructions not to carry out the operations relating to the transaction or the customer. Where refraining from carrying out transactions referred to in the first subparagraph is impossible or is likely to frustrate efforts to pursue the beneficiaries of a suspected operation, the professionals concerned shall inform the Financial Intelligence Unit immediately afterwards. Where the instruction is communicated orally, it must be followed by a written confirmation within 3 business days, otherwise the effects of the instruction cease on the third business day at midnight. The professional is not authorised to disclose this instruction to the customer without the express prior consent of the Financial Intelligence Unit. The Financial Intelligence Unit may order systematically and at any time the total or partial withdrawal of the order not to carry out the operations pursuant to the first subparagraph.”243
(Article 5 of Law on the fight against money laundering and terrorist financing) |
Mutual legal assistance (MLA) and International Cooperation |
| Member States shall ensure that the FIU to whom the request is made is legally required to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information from another FIU. |
Yes. Articles 9-2a, 9-2b, 9-2c and 9-2d of the AML Law regulate the international cooperation
(Articles 9-2a, 9-2b, 9-2c and 9-2d of Law on the fight against money laundering and terrorist financing) |
| Member States shall ensure that FIUs are legally required to exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange. |
Yes. Articles 9-2a, 9-2b, 9-2c and 9-2d of the AML Law regulate the international cooperation
(Articles 9-2a, 9-2b, 9-2c and 9-2d of Law on the fight against money laundering and terrorist financing) |
Luxembourg
56(72) Political Financing 
32(57) Financial Disclosure 
42(49) Conflict of Interest 
40(59) Freedom of Information 
57(63) Public Procurement 
90(66) Anti Money Laundering 
67(71) Asset Recovery