LUXEMBOURG BACKGROUND CHECK

People living in Luxembourg may acquire a Police Certificate/Certificate of Good Conduct, and a Bulletin No. 3, by applying in individual at the Service Du Casier Judiciare. The Certificate of Good Conduct and the Bulletin No. 3 are complete different documentation, and it is very important to get both of them, not only when instructed. The procedure for acquiring a Certificate of Good Conduct and Bulletin No. 3 is very strenuous.

To start with, candidates must finish an application structure which must be guaranteed by the nearby Bourgmestre or Echevin Delegue (an approved officer/delegate). At that point, the candidate must take the ensured application to their nearby police headquarters and acquire the Certificate of Good Conduct (Certificat de Bonnes Conduite, compete et Moeurs). When the endorsement has been acquired, the candidate must apply either in individual, or via mail, to the Service Du Casier Judiciare. At the point when applying with the Service Du Casier Judiciare, the candidate must have a composed demand and give evidence of character. These reports can likewise be mailed.

Service du Casier Judiciaire

12 Cote d'Eich

2010 Luxembourg

Non-residents who need a Police Clearance Certificate can apply for it at their closest Luxembourg Embassy or Consulate.

General Information

GDP USD60.131bn (World ranking 75, World Bank 2014)
Population 0.56 million (World ranking 168, World Bank 2014)
Form of state Constitutional Monarchy
Head of government Xavier BETTEL (Democratic Party, Coalition)
Next elections 2017, legislative

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PRODUCTS IN LUXEMBOURG

OUR SERVICES IN LUXEMBOURG

This check is an in-depth study of the bank report of the applicant.

There are three types of police check which varies from person to person in regard with the needs of the client. This varies from the companies to companies and on the demands of the clients. The three types are basic, standard and enhanced. As per the name enhanced is the most detailed and in-depth test as compared to basic test.

This is the test for the residents who are living in Luxembourg. Applicants are checked for their country court records and this test is conducted on that basis.

Professional License/Certificate Check incorporates confirmation of association's name, contact data, type of license, permit number, issue date, date of expiration, disciplinary activities, and remarks.

Past Employment Check (3 years) incorporates confirmation of association's name, position(s) held, contact data, employment dates, work execution, disciplinary activities, explanation behind dsimissal, salary history, achievements/awards, and remarks.

Data Protection

Luxembourg

Contribution Details

Bonn & Schmitt

22-24, rives de Clausen

Alex Schmitt

Partner

Guy Arendt

Partner

Alain Grosjean

Partner

Law

The law dated 2 August 2002 on the Protection of Persons with regard to the Processing of

Personal Data as modified (“Law”).

The Law dated 30 May 2005 lays down specific provisions for the protection of persons with regard to the processing of personal data in the electronic communications sector.

Definition of Personal Data

The Law defines “personal data” as follows: any information of any type regardless of the type of medium, including sound and image, relating to an identified or identifiable natural person (“data subject”); a natural person will be considered to be identifiable if it can be identified, directly or indirectly, in particular by reference to an identification number or

one or more factors specific to its physical, physiological, genetic, mental, cultural, social or economic, identity.”

Definition of Sensitive Personal Data

Sensitive data relates to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and the health or sex life, including the processing of genetic data.

National Data Protection Authority

Commission national pour la Protection des Données (“cnPD”)

41, avenue de la Gare

L-1611 Luxembourg 4ième étage

The CNPD is responsible for overseeing the Data Protection Act and the Privacy and Electronic

Communications Regulations.

Registration

Prior notification to the cnPD

As the processing of personal data is not exempt from notification and is not subject to prior authorisation, it must be notified to the CNPD in advance. The notifications must contain the information referred to in Article 13 of the Law.

The notifications are effected by completing and signing the notification form provided by the CNPD. Article 13 of the Law provides 14 specific cases of conditional exemption from the obligation to notify which are added to the more general cases referred to in Article 12 § 2.

The most important exceptions relate to the following processing:

General exemptions (art. 12 § 2)

  • processing carried out by the controller if that person appoints a data protection officer unless
  • for the supervision purposes referred to in Article 10 (“DPO”);
  • processing operations for the sole purpose of keeping a public register;
  • processing operations carried out by lawyers, notaries and process servers;
  • processing carried out solely by journalists, for artistic or literary expression; or
  • processing necessary to protect the vital interests of the data subject or of another where the data subject is physically or legally incapable of giving his consent.

Conditional Exemptions

  • processing of data relating exclusively to personal data necessary for the administration of the salaries of persons in the service of or working for the controller;
  • processing of data relating exclusively to the management of applications and recruitment, provided that the collected data is not sensitive data (including health) or data intended for assessing the data subject;
  • processing of data relating exclusively to the controller’s bookkeeping provided that this data is used exclusively for such bookkeeping and the processing covers only the persons whose data is necessary for bookkeeping purposes;
  • processing of data referring exclusively to the administration of shareholders, debenture holders and partners, provided that the processing covers solely the data necessary for such administration, the data covers only those persons whose data is necessary for such administration;
  • processing of data relating exclusively to the management of the controller’s client or supplier
  • base, provided that the processed data is not sensitive data (including health);
  • processing of data carried out by a foundation, an association or any other non-profit organisation;
  • processing of data relating exclusively to the recording of visitors carried out in the context of manual access control, provided that the data processed is restricted to only the name and business address of the visitor, his/her employer, his/her vehicle, the name, department and function of the person visited, and the time and date of the visit;
  • processing of identification data essential for communication, which is carried out with the sole purpose of contacting the person concerned provided that this data is not communicated to any other third party;
  • processing for the management of IT systems, provided that it is not used for the purpose of supervision;
  • processing carried out in hospitals or by a doctor concerning his/her patient, except for the processing of genetic data; or
  • processing carried out by a pharmacist.

The Law has also reduced the procedures concerning processing in the health professions. Except for the processing of genetic data, there is no more requirement of prior authorisation concerning such a processing, and doctors and hospitals are exempt to the obligation to notify.

Prior authorization by the cnPD

Most processing of personal data must only be notified (or is exempt from notification). However, the Law provides for stricter control for processing likely to present specific risks in respect of the rights and freedoms of individuals concerned. Such processing must be

authorised by the CNPD before it may be carried out. The amended Law contains a closed list of these categories of processing in Article 14.

Article 14 1 of the Law sets forth that the prior authorization by the CNPD is required in the following cases:

  • the processing of genetic data;
  • when processing is recorded and carried out for supervision purposes;
  • when data is processed for statistic, scientific or historic purposes;
  • in the event of the combination of data;
  • when the processing relates to the credit status and solvency of the data subjects, if the processing is carried out by persons other than professionals of the financial sector or by insurance companies regarding their clients;
  • processing involving biometric data necessary for checking personal identity; or
  • the usage of data for purposes other than that for which it was collected. Such processing may be carried out only when the data subject gives prior consent or if it is necessary to protect the vital interests of the data subject.

Processing operations that reveal race or ethnicity, political opinions, religious or philosophical

beliefs, trade union membership, and the processing of data concerning health or sex life,

except for certain processing of genetic data, may only be notified to the CNPD and may not be authorised by the CNPD.

The processing of genetic data may only be notified to the CNPD when the processing is necessary to protect vital interests or when it is necessary for the purpose of preventive medicine, medical diagnostics, or the provision of care or treatment.

An authorisation from the CNPD is normally required before using technical means for monitoring people, particularly by video camera, electronic trading, etc. However, the Law has introduced a distinction according to if the data is recorded or not recorded. The prior authorisation by the CNPD is required for processing for supervision purposes, if the data

resulting from the supervision is recorded. A simple notification is required if the data resulting from the supervision is not recorded.

For the processing of credit status and solvency of the data subject, a simple notification is

required, if the processing is carried out by professionals in the financial sector or insurance companies on behalf of their clients.

The processing of biometric data is subject to prior authorization.

Data Protection officers

The controller may designate a DPO. Such designation releases the controller from the obligation to carry out the notifying process. Such a designation does not exempt the person responsible for processing from entering prior requests for authorization before carrying out processing for which authorization is required.

The power of the data protection official are as follows:

  • investigative powers to ensure supervision of the controller’s compliance with the provisions of the Law and its implementing regulations, and
  • a right to be informed by the controller and the relating right to inform the controller of the formalities to be carried out in order to comply with the provisions of the Law and its implementing regulations.

Collection and Processing

Chapter 2 of the Law deals with the conditions under which processing may take place. The controller must ensure that he processes the data in a fair and lawful manner, which means that:

  • data must be collected for specified, explicit and legitimate purposes and may not be further processed in a way that is incompatible with those purposes;
  • the collection, recording and use of personal data is strictly limited to what is necessary to achieve the aims specifically declared in advance by the authority, agency, company, association, professional or self-employed worker involved;
  • processing must be adequate and not excessive in relation to the purposes for which they are collected and/or further processed;
  • the processing of personal data is limited to cases where there is a direct connection with the initial purpose of the processing. The information must not only be useful, but also necessary to whoever is processing personal data. The data being processed must not be excessive in relation to the aim pursued;
  • an update of the collected data must be made;
  • as inaccurate or incomplete information can harm the person to whom it relates, every effort must be made to ensure the data being processed is correct and up to date. If this is not the case, the personal data must be rectified or erased. The Law also protects the data subject against any negative decision automatically made about him by a computer, without him being able to provide his personal point of view; and
  • data which permits identification of data subjects is only kept for the necessary period of time.
  • Legitimacy of processing
  • The processing of personal data is allowed only if there is a legitimate reason to justify it. Article 5 of the Law sets forth the criteria for the legitimacy of data processing, which is as follows:
  • Data may be processed only if it is necessary:
  • for compliance with a legal obligation which the controller is subject to;
  • for the performance of a task carried out in the public interest;
  • for the performance of a contract to which the data subject is a party;
  • for the purpose of legitimate interests pursued by the controller or by the third party or parties to whom the data is disclosed, except where such interests are overridden by the interest, fundamental rights and/or freedoms of the data subject; or
  • in order to protect the vital interests of the data subject.
  • Finally, the data processing is legitimate if the data subject has given his consent.

Processing of specific categories of data

Processing operations that reveal racial or ethnic origin, politic opinions, religious or philosophical beliefs, trade union membership, and the processing of data concerning health or sex life, including the processing of genetic data, are forbidden and may only be allowed under very exceptional circumstances. Processing of specific categories of data by health services is strictly regulated. Legal data and freedom of expression are also strictly regulated.

Processing for supervision purposes

Article 10 sets out the conditions under which processing for supervision purposes in any place accessible or inaccessible to the public can be made. Processing for supervision purposes is considered legitimate in and around any place presenting a risk where it is necessary not only for the safety of users and the prevention of accidents, but also for the protection of property if there is a risk of theft or vandalism. The criteria of necessity and proportionality will be assessed for each individual case by the CNPD.

Article 10 1 of the Law sets forth that “the data may only be processed for supervision

purposes:

  • if the data subject has given his consent; or
  • in surroundings or in any place accessible or inaccessible to the public other than residential premises, particularly indoor car parks, stations, airports and on public transport, provided the place in question due to its nature, position, configuration or frequentation presents a risk that makes the processing necessary for the safety of users and for the prevention of accidents, for the protection of property, if there is a characteristic risk of theft or vandalism; or in private places where the resident natural or legal person is the controller; or
  • to the competent legal authorities to record a criminal offence or take legal action in respect
  • of it and to the legal authorities before which a legal right is being exercised or defended”.

Processing for the purposes of supervision at the workplace

The supervision at the workplace is only possible under certain circumstances. Article 11 of the Law refers to Article L.261 1 of the Employment Code. Such processing may be carried out only if it is necessary:

  • for the safety and health of employees;
  • to protect the company’s property;
  • to control the production process relating solely to machinery;
  • temporarily control production or the employee’s services if such a measure is the only way
  • of determining the exact earnings; or
  • in connection with the organization of work under a flexible hours scheme in accordance with the Employment Code.

The person whose data is processed must be informed prior to processing. The data subjects’

consent to the processing does not, however, render the processing legitimate.

Transfer

Article 18 of the Law provides that data may be transferred to a third country, if this country ensures an adequate level of protection and if the provisions of the Luxembourg Law on data protection as well as its regulations are respected. The adequacy of the level of protection afforded by a third country must be assessed by the controller in light of all circumstances surrounding a data transfer operation or set of data transfer operations; particularly, the nature of the data, the purpose and duration of the proposed processing operation or operations, the country of origin and country of final destination, the rules of law, both general and sectored, in

force in the third country in question and the professional rules and security measures which are complied with by that country. In case of any doubt, the controller will immediately inform the CNPD which will consider whether the third country offers an adequate level of protection.

The transfer of data to a third country that does not offer an adequate level of protection may

take place provided:

  • the data subject has given his consent to the proposed transfer;
  • the transfer is necessary for the performance of a contract to which the data subject and the controller are parties, or the implementation of pre contractual measures taken at the data subject’s request;
  • the transfer is necessary for the conclusion or performance of a contract entered into in the interest of the data subject between the controller and a third party;
  • the transfer is necessary or legally required on important public interest grounds, or to
  • establish, exercise or defend a legal claim; or
  • the transfer is necessary for a public register.

The CNPD may authorize, as a result of a duly reasoned request, a transfer of data to a third country that does not provide an adequate level protection, if the controller offers sufficient guarantees in respect of the protection of the privacy, freedoms and fundamental rights of the data subjects, as well as the exercise of any corresponding rights. These guarantees may result from appropriate contractual clauses.

Security

The controller must implement all appropriate technical and organizational measures to ensure the protection of the data he processes against accidental or unlawful destruction or accidental loss, falsification, unauthorized dissemination or access in particularly where the processing involves the transmission of data over a network, and against all other unlawful forms of procession. The initial Law sets forth these measures had to be contained in an annual report

to be submitted by the controller to the CNPD. The 2007 Law has amended this automatic obligation. Article 22 of the Law provides that “a description of these measures and of any subsequent major change must be communicated to the CNPD at its request, within fifteen days”.

If the processing is carried out on behalf of the controller, the latter must choose a processor that provides sufficient guarantees as regards the technical and organizational security measures. Any processing carried out on another’s behalf must be governed by a written contract binding the processor to the controller and providing in particular that the processor will act only on instructions from the controller and the obligations relating to security of processing operations will be also incumbent on the processor.

Breach notification

Any party that does not carry out the obligation to notify or supplies incomplete or inaccurate information is liable to a fine of between EUR 251 and EUR 125,000.

Breach authorization

Any party who carries out processing in breach of obtaining a prior authorization will be liable to a prison sentence of between 8 days and 1 year and a fine between EUR 251 to EUR 125,000.

Enforcement

Without prejudice to criminal sanctions provided for by the Law, and any actions for damages under ordinary civil law, in the event a processing operation violates formalities provided

for under Law, the State Prosecutor, the CNPD or any injured party is entitled to file a discontinuance action pursuant to Article 39 of the Law.

Electronic Marketing

Luxembourg implemented part of Directive 2009/136/EC by a law of 28 July 2011, which modified the law of 30 May 2005 and came into effect on 1 September 2011.

The use of automated calling systems without human intervention (automatic calling machines), facsimile machines (fax) or electronic mail for the purposes of direct marketing is permissible only in respect of subscribers who have given their prior consent.

Where a supplier obtains from its customers their electronic contact details for electronic mail, in the context of the sale of a product or a service, that supplier may use those electronic contact details for direct marketing of its own similar products or services provided that customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner,

to such use of electronic contact details when they are collected and on the occasion of each message where the customer has not initially refused such use.

The transmission of unsolicited communications for purposes of direct marketing by means other than those referred to in the previous paragraphs shall be permissible only with the prior consent of the subscriber concerned.

Online Privacy (Including cookies and Location Data)

Traffic Data – For the purposes of the investigation, detection and prosecution of criminal offences, and solely with a view to enabling information to be made available, in so far as may be necessary, to the judicial authorities, any service provider or operator processing traffic

data must retain such data for a period of 6 months. This obligation includes data related to the missed phone calls wherever these data are generated, stored or recorded. Beyond this period, the service provider or operator must erase these data unless such data have been made anonymous.

Traffic data may be processed for the purposes of marketing electronic communications services or providing value added services, to the extent and for the duration necessary for such supply or marketing of such services, provided that the provider of an electronic communications service or the operator has informed the subscriber or user concerned in

advance of the types of traffic data processed and of the purpose and duration of the processing, and provided that the subscriber or user has given his/her consent, notwithstanding his/her right to object to such processing at any time.

Location Data other than Traffic Data – Service providers or operators have also an obligation of retaining location data other than traffic data for a period of 6 months for the purposes of the investigation, detection and prosecution of criminal offences. This obligation includes data related to the missed phone calls wherever these data are generated, stored or recorded. Beyond this period, the service provider or operator must erase these data unless such data have been made anonymous.

 

Service providers or operators may process location data other than traffic data relating to subscribers and users only if such data have been made anonymous or the subscriber or user concerned has given his/her consent thereto, to the extent and for the duration necessary for the supply of a value added service.

Service providers and, where appropriate, operators shall inform subscribers or users in advance of the types of location data other than traffic data processed, of the purposes and duration of the processing and whether the data will be transmitted to third parties for the purpose of providing the value added service. Subscribers or users shall be given the possibility to withdraw their consent to the processing of location data other than traffic data at any time.

Where consent of the subscribers or users has been obtained for the processing of location

data other than traffic data, the subscriber or user must continue to have the possibility, using

a simple means and free of charge, of temporarily refusing the processing of such data for each connection to the network or for each transmission of a communication.

Cookies – Prior informed consent of a subscriber/user is required. The method of providing information and the right to refuse should be as user friendly as possible and, where it is technically possible and effective, the users consent may be expressed by appropriate browser/ application settings.

(Enter into force on 27 October 2010.)

Investigating magistrate

Article 66-2. (Act of 27 October 2010)

1. If the preparatory investigation so demands and the ordinary means of investigation prove inoperative on account of the nature of the offence and the specific circumstances of the case, the investigating magistrate to whom the case has been referred may exceptionally, in connection with one or more of the offences listed below, order such credit institutions as he may designate to inform him if the accused holds, controls or has power of attorney for one or more accounts of any kind, or has held, controlled or had power of attorney for such an account for one or more of the offences listed below:

(1)felonies or misdemeanours against the security of the State within the meaning of Articles 101 to 123 of the Penal Code,

(2) acts of terrorism and of terrorist financing within the meaning of Articles 135.1 to 135.8 of the Penal Code,

(3)infringements of the Act of 15 March 1983 as amended on arms and munitions in connection with a criminal conspiracy or organised crime,

(4)people trafficking, procuring, prostitution and exploitation of human beings within the meaning of Articles 379 to 386 of the Penal Code,

(5) homicide and deliberate assault in connection with a criminal conspiracy or organised crime within the meaning ofArticles 392 to 417 of the Penal Code,

(6)theft or extortion in connection with a criminal conspiracy or organised crime within the meaning of Articles 461 to 475 of the Penal Code,

(7) infringements of the Act of 19 February 1973 as amended concerning the sale of medicinal substances and the fight against drug addiction in connection with a criminal conspiracy or organised crime,

(8)money laundering and handling the proceeds of money laundering within the meaning of Articles 505 and 506.1 ofthe Penal Code

(9) bribery and trading in influence within the meaning of Articles 246 to 252, 310 and 310.1 of the Penal Code,

(10) aiding illegal entry and residence within the meaning of the Act of 29 August 2008 relating to the free movement of persons in connection with a criminal conspiracy or organised crime,

(11)counterfeiting within the meaning of Articles 162 to 170 of the Penal Code,

(12) abduction of minors within the meaning of Articles 368 to 371.1 of the Penal Code.

2. If that is the case, the credit institution shall communicate the account number and the balance of the account and transmit to him the information relating to identification of the account, including in particular the documents for opening the account.

3.The decision shall be included in the file of the procedure after the procedure is complete.

Article 66-3. (Act of 27 October 2010)

1. If the preparatory investigation so demands and the ordinary means of investigation prove inoperative on account of the nature of the offence and the specific circumstances of the case, the investigating magistrate to whom the case has been referred may exceptionally, in connection with one or more of the offences listed below, order a credit institution to inform him for a specified period of any transaction that will be performed or is due to be performed on the account of the accused whom he shall specify:

(1) felonies or misdemeanours against the security of the State within the meaning of Articles 101 to 123 of the Penal Code,

(2)acts of terrorism and of terrorist financing within the meaning of Articles 135.1 to 135.8 of the Penal Code,

(3)infringements of the Act of 15 March 1983 as amended on arms and munitions in connection with a criminal

(4)people trafficking, procuring, prostitution and exploitation of human beings within the meaning of Articles 379 to 386 of the Penal Code,

(5)homicide and deliberate assault in connection with a criminal conspiracy or organised crime within the meaning of

Articles 392 to 417 of the Penal Code,

(6)theft or extortion in connection with a criminal conspiracy or organised crime within the meaning of Articles 461 to 475 of the Penal Code,

(7)infringements of the Act of 19 February 1973 as amended concerning the sale of medicinal substances and the fight against drug addiction in connection with a criminal conspiracy or organised crime,

(8) money laundering and handling the proceeds of money laundering within the meaning of Articles 505 and 506.1 of the Penal Code

(9) bribery and trading in influence within the meaning of Articles 246 to 252, 310 and 310.1 of the Penal Code,

(10)aiding illegal entry and residence within the meaning of the Act of 29 August 2008 relating to the free movement

of persons in connection with a criminal conspiracy or organised crime,

(11)counterfeiting within the meaning of Articles 162 to 170 of the Penal Code,

(12) abduction of minors within the meaning of Articles 368 to 371.1 of the Penal Code.

2.The measure shall be ordered for a duration stated in the order. It shall cease automatically one month from the date of the order. However, it may be extended for a month at a time, the total duration not exceeding three months.

3.The decision shall be included in the file of the procedure after the procedure is complete.

Article 66-4. (Act of 27 October 2010) Where such a measure will help to reveal the truth, an investigating magistrate may order a credit institution to provide him with information or documents concerning accounts or transactions performed during a specified period on one or more accounts that he shall specify.

Article 66-5. (Act of 27 October 2010)

1. Notice of the order provided for at Articles 66.2, 66.3 and 66.4 shall be served on the credit institution concerned by a law enforcement officer, by registered letter with acknowledgment of receipt, by fax or by e-mail.

2.The credit institution on which notice of the order has been served shall communicate the information or documents requested to the investigating magistrate by e-mail within the time limit stated in the order. The investigating magistrate shall acknowledge receipt by e-mail.

3. Refusal to assist with the execution of orders on the grounds of Articles 66.2 and 66.3 shall be punishable by a fine of 1,250 to 125,000 euros.

Article 51-1.

1. (Act of 5 June 2009) In the context of a preparatory investigation, the competent investigating

magistrate pursuant to Article 29 may also proceed in accordance with Article 48.24.

2.(Act of 22 July 2008) Paragraph 1 shall apply without prejudice to the coercive powers available to the investigating magistrate in the context of a preparatory investigation.

Undercover operations

Article 48-17. (Act of 3 December 2009)

1. If the enquiry or preparatory instruction so demands and the ordinary means of investigation prove inoperative on account of the nature of the offence and the specific circumstances of the case, the State Prosecutor or the investigating magistrate to whom the case has been referred may exceptionally decide that an undercover operation be carried out, under their respective supervision, under the conditions set forth in this chapter for one or more of the offences listed below:

(1)felonies or misdemeanours against the security of the State within the meaning of Articles 101 to 123 of the Penal Code,

(2) acts of terrorism and of terrorist financing within the meaning of Articles 135.1 to 135.8 of the Penal Code,

(3)infringements of the Act of 15 March 1983 as amended on arms and munitions in connection with a criminal conspiracy or organised crime,

(4) people trafficking, procuring, prostitution and exploitation of human beings within the meaning of Articles 379 to 386 of the Penal Code,

(5) homicide and deliberate assault in connection with a criminal conspiracy or organised crime within the meaning of Articles 392 to 417 of the Penal Code,

(6)theft or extortion in connection with a criminal conspiracy or organised crime within the meaning of Articles 461 to 475 of the Penal Code,

(7)infringements of the Act of 19 February 1973 as amended concerning the sale of medicinal substances and the fight against drug addiction in connection with a criminal conspiracy or organised crime,

(8) money laundering and handling the proceeds of money laundering within the meaning of Articles 505 and 506.1 of the Penal Code

(9) bribery and trading in influence within the meaning of Articles 246 to 252, 310 and 310.1 of the Penal Code,

(10) aiding illegal entry and residence within the meaning of the Act of 29 August 2008 relating to the free movement of persons in connection with a criminal conspiracy or organised crime,

(11) counterfeiting within the meaning of Articles 162 to 170 of the Penal Code,

(12)abduction of minors within the meaning of Articles 368 to 371.1 of the Penal Code.

2. An undercover operation may not be ordered with regard to an accused person after their first questioning by the investigating magistrate and any such operations ordered beforehand must cease, without prejudice to the provisions of Article 48.21.

3. An undercover operation consists in observing persons with regard to whom there is serious evidence that they are committing one or more of the offences referred to in the previous paragraph, whereby the undercover operative passes himself off to such persons as, for example, a co-perpetrator, accomplice or handler of the proceeds of the offence.

4. An undercover operation may be performed only by a criminal police officer or a foreign agent authorised by his national law to perform that type of measure, acting under the responsibility of a criminal police officer tasked with coordinating the operation. The criminal police officer or foreign agent is authorised to use a false identity for the purpose and, if necessary, to commit the acts mentioned in Article 48.19, paragraph 1. Such acts may not constitute an incitement to commit offences, otherwise they shall be void.

5.The coordinating criminal police officer shall draw up a report of the undercover operation. The report shall include the information strictly necessary to find that the offences have been committed and shall not endanger the security of the undercover officer or requisitioned persons within the meaning of Article 48.19, paragraph 2.

(Act of 19 December 2008 relating to inter-agency and judicial cooperation)

Article 1.

The Administration des Contributions Directes (Income Tax Administration) and the Administration del Enregistrement et des Domaines (Registration and Properties Administration) shall exchange information such as to enable them to correctly assess and collect the taxes, duties, excise and licence fees they are responsible for collecting, with the help of automated processes or not. Automated processes shall be performed by means of data interconnection and under guarantee of secure, limited and controlled access. The conditions, criteria and methods of exchange shall be determined by Grand Ducal regulation.

Article 2.

The Income Tax Administration and the Registration and Properties Administration may carry out simultaneous or joint on-site inspections of the tax situation of taxpayers or persons liable to tax, according to each administration’s own procedures.

Article 3.

With a view to assessing and collecting the taxes, duties, excise and licence fees they are responsible for collecting, any information, document, record or deed discovered or obtained by the Income Tax Administration or the Registration and Properties Administration may be cited by the other administration to which it has been transmitted.

Article 4.

The Administration des Douanes et Accises (Customs and Excise Administration) and the Registration and Properties Administration shall exchange information such as to enable them to correctly assess and collect import and export duty, excise duty, road vehicle tax and value added tax, with the help of automated processes or not.

Automated processes shall be performed by means of data interconnection or consultation via direct access to personal data files, under guarantee of secure, limited and controlled access. The conditions, criteria and methods of exchange shall be determined by Grand Ducal regulation.

Article 5.

The Customs and Excise Administration and the Registration and Properties Administration may carry out simultaneous or joint on-site inspections of the tax situation of one or more taxpayers, economic operators or persons liable to tax, according to each administration’s own procedures.

Article 16.

(1) The Income Tax Administration and the Registration and Properties Administration shall transmit to the judicial authorities upon request any information that may be useful in the context of criminal proceedings brought in relation to a felony or misdemeanour.

(2) Where the Income Tax Administration or the Registration and Properties Administration becomes aware of a felony or misdemeanour in the exercise of its powers and duties, it shall promptly inform the State Prosecutor of the fact and transmit to that magistrate all information, report, records and documents relating thereto.

Money laundering(Act of 12 August 2003)

Article 506-1.

The following shall be liable to imprisonment for one to five years and a fineof 1,250 euros to 1,250,000 euros or only one of those penalties:

-(Act of 27 October 2010) persons who have knowingly facilitated by any means false justification of the nature, origin, location, disposal, movement or ownership of the property referred to at Article 32.1, paragraph 1 (1) that is the object or the proceeds, direct or indirect,

– (Act of 27 October 2010) of an infringement of Articles 112.1, 135.1 to 135.6 and 135.9 of the Penal Code;

– of felonies or misdemeanours in the context of or in connection with a conspiracy within the meaning of Articles 322 to 324ter of the Penal Code;

– (Act of 13 March 2009) of an infringement of Articles 368 to 370, 379, 379bis, 382.1 and 382.2 of the Penal Code;

– (Act of 12 November 2004) of an infringement of Articles 496.1 to 496.4 of the Penal Code, of a bribery offence;

Act of 4 December 1967 concerning income tax

Article 12. Without prejudice to the provisions relating to special expenses, the expenses listed below may not be deducted from either the different categories of net income or from the total of net income:

1. expenses incurred in the interest of the taxpayer’s household and for the maintenance of family members. Such expenses include lifestyle expenses resulting from the taxpayer’s economic or social position, even where they are incurred with a view to benefiting his profession or business or may do so;

2. gifts, donations, subsidies. The same applies to allowances which, being neither operating expenses nor business expenses, are paid to persons who, if they were in need, would be entitled, under the provisions of the Civil Code, to claim maintenance from the taxpayer, even where such allowances are liable to enforcement;

3. the income tax of natural persons, wealth tax, succession duties and foreign personal taxes, without prejudice to the provision set forth at Article 13 below;

4. criminal or administrative fines, confiscations, settlements and other penalties of any sort imposed upon the taxpayer for non-compliance with provisions of the laws or regulations, even where such penalties have an economic link with one or more categories of net income;

5. advantages of any kind whatsoever and the expenses relating thereto granted with a view to obtaining a pecuniary or other advantage by

– any person entrusted with or agent of public authority or any law enforcement officer or any person charged with a public service mission or holding elected office, either in the Grand Duchy of Luxembourg or in another State;

– Community officials and members of the Commission of the European Communities, the European Parliament, the Court of Justice and the Court of Auditors of the European Communities, in full respect of the relevant provisions of the treaties instituting the European Communities, the Protocol on the Privileges and Immunities of the European Communities, the Statutes of the Court of Justice, and the implementing regulations thereof, with regard to the withdrawal of immunities;

– officials or agents of another public international organisation.

(Enter into force on 13 February 2011.)

Bribery and trading in influence(Act of 13 February 2011)

Article 247.

The fact of proposing or giving, without right, directly or indirectly, offers, promises, gifts, presents or advantages of any kind whatsoever to a person entrusted with, or agent of, public authority or a law enforcement officer or a person charged with a public service mission or holding elected office, for himself or for a third party, or offering or promising to do so, in order that such person:

1. performs or refrains from performing an act in accordance with his function, mission or office or facilitated by his function, mission or office, or

2. abuses his actual or presumed influence in order to obtain distinctions, employment, business or any other favourable decision from an authority or public administration, shall be an offence punishable by imprisonment for five to ten years and a fine of 500 euros to 187.500 euros.

Article 248.

Any person who solicits or receives, without right, directly or indirectly, offers, promises, gifts, presents or advantages of any kind, or who accepts the offer or promise thereof, for himself or for a third party, in order that such person abuses his actual or presumed influence to obtain distinctions, employment, business or any other favourable decision from an authority or public administration shall be liable to imprisonment from six months to five years and a fine of 500 euros to 125,000 euros.

Any person who proposes to or gives a person, without right, directly or indirectly, offers, promises, gifts, presents or advantages of any kind whatsoever, for himself or for a third party, or offers or proposes to do so, so that that person abuses his actual or presumed influence to obtain distinctions, employment, business or any other favourable decision from an authority or public administration shall be liable to the same penalties.

Article 249.

Any law enforcement officer or any person charged with a public service mission or holding elected office who solicits or accepts offers, promises, gifts, presents or advantages of any kind, or who accepts the offer or promise thereof, without right, directly or indirectly, for himself or for a third party, for performing or refraining from performing an act in accordance with his function, mission or office or facilitated by his function, mission or office from any person who has benefited from performance or non-performance of such act shall be liable to imprisonment for five to ten years and a fine of 500 euros to 187,500 euros.

Any person who, under the conditions set forth in paragraph 1, proposes or gives offers, promises, gifts, presents or advantages of any kind to a law enforcement officer or any person charged with a public service mission or holding elected office, for himself or for a third party, or offers or proposes to do so, shall be liable to the same penalties.

Bribery of members of the judiciary

Article 250. (Act of 13 February 2011)

Any member of the judiciary or any other person holding judicial office, or any arbitrator or expert appointed either by a court or by the parties, who solicits or accepts, without right, directly or indirectly, offers, promises, gifts, presents or advantages of any kind, for himself or for a third party, or who accepts the offer or promise thereof, for the performance or non-performance of an act in accordance with his function shall be liable to imprisonment for ten to fifteen years and a fine of 2,500 euros to 250,000 euros.

Any person who, under the conditions set forth in paragraph 1, proposes or gives offers, promises, gifts, presents or advantages of any kind to a member of the judiciary or any other person holding judicial office, or to an arbitrator or expert appointed either by a court or by the parties, for himself or for a third party, or who offers or promises to do so, shall be liable to the same penalties.

Penalties applicable to legal persons (Act of 3 March 2010)

Article 34.

When a felony (crime) or misdemeanour (délit) is committed in the name of and in the interest of a legal person by one of its legal bodies or by one or more of its de jure or de facto managers, that legal person may be held criminally liable and may incur the penalties provided for by Articles 35 to 38. The criminal liability of legal persons does not exclude that of natural persons who are perpetrators or accomplices of the same offence. The foregoing provisions do not apply to the State or to municipalities.

Article 35.

The penalties for felonies or misdemeanours committed by legal persons are:

1) a fine, under the terms and conditions set forth at Article 36;

2) specific confiscation;

3) disqualification from public procurement procedures;

4) dissolution, under the terms and conditions set forth at Article 38.

Article 36.

The fine for a felony or misdemeanour applicable to legal persons shall be at least 500 euros.For a felony, the maximum amount of the fine applicable to legal persons shall be 750,000 euros. For a misdemeanour, the maximum amount of the fine applicable to legal persons shall be equal to double the amount applicable to natural persons under the law punishing the offence.

Where the law punishing the offence makes no provision for a fine on natural persons, the maximum amount of the fine applicable to legal persons may not be more than double the amount obtained by multiplying the maximum prison sentence provided for, expressed in days, by the amount taken into consideration for imprisonment for default.

Article 37.

The maximum amount of the fine incurred pursuant to the provisions of Article 36 shall be quintupled when the legal person incurs criminal liability for one of the following offences:

– felonies and misdemeanours against the security of the State,

– acts of terrorism and terrorist financing,

– infringements of the laws relating to prohibited weapons in connection with a criminal conspiracy or organised crime,

– people trafficking and procuring,

– drug trafficking in connection with a criminal conspiracy or organised crime,

– money laundering and handling the proceeds of money laundering,

– extortion, illegal acquisition of interests, active and passive bribery, private bribery,

– aiding illegal entry and residence in connection with a criminal conspiracy or organised crime.

Article 38.

Dissolution may be ordered where the legal entity has been deliberately created or, where the offence is a felony or misdemeanour for which the penalty for a natural person is deprivation of liberty for three years or more, diverted from its business purpose in order to commit the offence.

Police Background Check Procedures

Who can apply?

• Applicants in person or by post only.
• Third party representatives or UK employers cannot apply.

Where?

• In person, or by post to the Palais de Justice (PdJ) at the Ministry of Justice (see below).
• Applications cannot be made at Luxembourg embassies.
What must the applicant supply?
• In person, they must present their passport or Luxembourg national ID card
• For postal applications, applicants should write a letter requesting the Bulletin no.3 Extrait and a copy of the national ID card

What are the costs / turnaround times?

• Free of charge if the individual has no disclosable record
• If there is a record, a fee of €2 (approx. GBP£ 1.76) applies
• In person turnaround is immediate
• Turnaround for postal applications is a few days
• There is no fast track service

Contact Details

The Palais de Justice deals with criminal records checks.
Physical address:
Palais de Justice
Parquet General
12, Cote d‟Eich
L-1450 Luxembourg
Postal address:
B.P. 15
L-2010
Luxembourg
Tel: (+352) 475 981-1
Fax: (+352) 470 550
Website: http://www.mj.public.lu
Embassy of
Luxembourg:
27 Wilton Crescent SW1X 8SD
Tel: 020 7235 6961
Fax: 020 7235 9734
Email: londres.amb@mae.etat.lu
Monday-Friday 09:00-17:00

Luxembourg – Know Your Customer (KYC) Rules

Despite its standing as the second-smallest member of the European Union (EU), Luxembourg is one of the largest financial centers in the world. It also operates as an offshore financial center. Although there are a handful of domestic banks operating in the country, the majority of banks registered in Luxembourg are foreign subsidiaries of banks in Germany, Belgium, France, Italy, and Switzerland. While Luxembourg is not a major hub for illicit narcotics distribution, the size and sophistication of its financial sector create opportunities for money laundering, tax evasion, and other financial crimes.

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably

    • Foreign PEP: YES
    • Domestic PEP: NO

Luxembourg – KYC covered entities

The following is a list of Know Your Customer entities covered by Luxembourg Law:

    • Banks and payment institutions
    • Investment, tax, and economic advisers
    • Brokers, custodians, and underwriters of financial instruments
    • Commission agents, private portfolio managers, and market makers
    • Managers and distributors of units/shares in undertakings for collective investments (UCIs)
    • Financial intermediation firms, registrar agents, management companies, trust and company service providers, and operators of a regulated market authorized in Luxembourg
    • Foreign exchange cash operations
    • Debt recovery and lending operations
    • Pension funds and mutual savings fund administrators
    • Corporate domiciliation agents, company formation and management services, client communication agents, and financial sector administrative agents
    • Primary and secondary financial sector IT systems and communication networks operators
    • Insurance brokers and providers
    • Auditors, accountants, notaries, and lawyers
    • Casinos and gaming establishments
    • Real estate agents
    • and any other natural or legal persons trading in goods to the extent that payments are made in cash in an amount of €15,000 (approximately $20,250) or more

Luxembourg – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 7,741 as of November 2011

Number of CTRs received and time frame: Not applicable

The following is a list of STR covered entities covered by Luxembourg Law:

  • Banks and payment institutions
  • Investment, tax, and economic advisers
  • Brokers, custodians, and underwriters of financial instruments
  • Commission agents, private portfolio managers, and market makers
  • Managers and distributors of units/shares in undertakings for collective investments (UCIs)
  • Financial intermediation firms, registrar agents, management companies, trust and company service providers, and operators of a regulated market authorized in Luxembourg
  • Foreign exchange cash operations
  • Debt recovery and lending operations
  • Pension funds and mutual savings fund administrators
  • Corporate domiciliation agents, company formation and management services, client communication agents, and financial sector administrative agents
  • Primary and secondary financial sector IT systems and communication networks operators
  • Insurance brokers and providers
  • Auditors, accountants, notaries, and lawyers
  • Casinos and gaming establishments
  • Real estate agents
  • and any other natural or legal persons trading in goods to the extent that payments are made in cash in an amount of €15,000 (approximately $20,250) or more

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: 127 as of November 2011
Convictions: 77 as of November 2011

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

During 2011, competent authorities were busy implementing the comprehensive package of legislative and administrative actions that were put in place in 2010, notably the Law of October 27, 2010. This law introduces important changes to AML/CFT provisions and prescribes changes to 20 existing pieces of legislation. Most visibly, the financial intelligence unit (FIU) expanded its capabilities through the hiring of additional analysts and continued preparations for an enlargement of the FIU premises. Nevertheless, state prosecution officials have called publicly for further resources, notably more analysts.

In response to these requests, the Ministry of Justice has pledged to continue supporting the state prosecution, and the FIU in particular, with the level of resources needed to fulfill its responsibilities. In terms of quantitative data, the number of transaction reports, money laundering criminal prosecutions, and convictions has risen in comparison to 2010 following the systematic implementation of the new legislation.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Crime

The crime rate is low in Luxembourg. Petty crime (pickpocketing and purse snatching) occurs around train stations, the airport, and youth hostels in Luxembourg City. Do not leave personal belongings unattended, especially in vehicles.

Road safety

Traffic congestion in urban areas can be a problem.

Carjacking incidents occur throughout the country. Ensure that valuables in vehicles are kept out of sight. Drive with the windows closed and car doors locked.

If your vehicle has been hit and you feel your personal safety is at risk, do not leave your vehicle. Call the police or drive immediately to the nearest police station.

Public Transportation

Public transportation is fast and reliable.

See Transportation Safety in order to verify if national airlines meet safety standards.

General safety measures

Exercise normal safety precautions. Ensure that your personal belongings, passports and other travel documents are secure at all times.

Emergency services

Dial 113 to reach police and 112 for medical services or the fire department.

Address Format

RECIPIENT
HOUSE_NUMBER STREET_NAME
POSTAL_CODE LOCALITY
LUXEMBOURG

Sample

BENOIT FABER
5 PLACE ROSCHTEN
7456 LINTGEN
LUXEMBOURG

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-04-09 10:00 AM Q4 2013 2.4% 2.7% 2.48%
2014-07-01 11:00 AM Q1 3.8% 3.1% (R) 3.64%
2015-01-08 11:00 AM Q3 3.8% 1.3% (R) 4.07%
2015-05-20 12:00 PM Q4 3.8% 2.76%
2015-07-01 11:00 AM Q1 2.94%
2015-10-01 11:00 AM Q2 3.11%
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