Identification of clients

Belgian lawyers are subject to the law on money-laundering of January 11, 1993 when they deliver particular services for their Clients. The purpose of this law is to fight money-laundering and financing of terrorism. To this end, it sets binding obligations applicable to lawyers in respect of which they may, in case of breach, incur disciplinary sanctions and administrative fines.

Lawyers are required to identify their Clients, and to ask for and store data confirming that identity. During the lawyer-Client relationship, the lawyers are subject to a duty of diligence that can imply request for additional information. These duties of identification and diligence equally apply to all agents of the Client, including corporate directors.

When lawyers notice, in the course of their mission, that facts they know or should know about relate to money-laundering or financing of terrorism, they must immediately inform the President of the Bar association, unless their assignment is to define their Client’s legal position or to defend or represent their Client in (or relating to) a lawsuit. The President of the Bar association decides whether the information must be transmitted to the Belgian Financial Intelligence Processing Unit.

These obligations do not affect professional secrecy, which continues to characterize the relationship between a lawyer and his Client.