Brussels Bar Sues Belgian Government for Anti-Money Laundering Laws

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Tuesday, March 1, 2005
Author: 
Bruce Zagaris
Volume: 
21
Issue: 
3
88
Abstract: 
In July 2004, the Brussels Bar sued the Belgian government for a declaration that the Belgian money laundering law, which was enacted January 12, 2004 to implement the European Money Laundering Directive 2001, is unconstitutional. The suit challenges the law, which updates a 1993 law to include lawyers among the persons regulated in anti-money laundering. In particular, the law extends the requirement to identify and report suspicious transactions. The suit argues that the law violates lawyers’ obligations of professional confidentiality and independence. Initially, Belgian lawyers must report suspicious transactions not to the Financial Intelligence Unit, but to the batonnier (the Bar)...