PORTUGAL BACKGROUND CHECK

Background verification could be accessed anywhere with efforts for an assistance. The verification check could result into comprehensive removal of risk from association. The success behind Background verifications in Portugal has resulted in reduction of risk factor which has made organization to have rigid goal to fight against the problems and utilized in the regular and routine work. Our services are created through wide range of opinions so that normal firm could easily adopt by changing their rules and regulations and maintain smoothness in working strategies.

Basic criteria for using background verification services in Portugal are that firms should be ready to use our works sincerely to remove the difficulties all the way. The main aim of the firm is to enhance the reputation and earn goodwill on that basis. Verification checks could be exercised in all parts of Portugal including major cities like Aveiro, Amora, Amadora, Braga, Coimbra, Corroios, Funchal, Lisbon, Loures, Odivelas, Porto, Rio de Mouro, Setubal, Vila Nova de Gaia and Queluz. For any background related issue do visit our website info@backcheckgroup.com which will solve all your doubts.

General Information

GDP USD212.454bn (World ranking 45, World Bank 2012)
Population 10.53 million (World ranking 80, World Bank 2012)
Form of state Parliamentary Democracy
Head of government Pedro Manuel Mamede PASSOS COELHO
Next elections 2015, legislative

 

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PRODUCTS IN PORTUGAL

Data Protection

Contribution Details ABBC

Azevedo neves, benjamim Mendes, Carvalho & Associates – is a full service law firm established in Portugal since 2007

AbbC has been DLA Piper’s focus firm in Portugal since 2011

Joao Costa Quinta

Ana Mira cordeiro Associate

Law

Portuguese Data Protection Law – Law nº. 67/98, of October 26th – was enacted pursuant to

Directive 95/46/EC.

Definition of Personal Data

The Portuguese Data Protection Law defines “personal data” as any given information, in any format, including sound and image, related to a specific or an identifiable natural person (“data subject”) An identifiable person is one who can be identified, directly or indirectly, namely

by reference to a specific number or to one or more elements concerning his/her physical, physiological, mental, economic, cultural or social identity.

Definition of sensitive Personal Data

Article 7 of the Data Protection Law defines “sensitive personal data” as any personal data revealing one’s philosophical or political beliefs, political affiliations or trade union membership, religion, private life and racial or ethnic origin and also data concerning health or

sex life, including genetic data.

National Data Protection authority

comissão nacional de Protecção de Dados (“national Commission for the Protection of Data” also known as “cnPD”).

Registration

Data controllers who process personal data shall notify the Data Protection Authority (CNPD), unless an exemption applies. For certain categories of data (sensitive data when permitted, data regarding illicit activities or criminal and administrative offenses or credit and solvability data) and certain specific processing, prior authorization from CNPD is required. Any variations or changes to the processing of personal data will determine the amendment of the registration.

As for the filing requirements, CNPD has an official form that must be submitted in Portuguese

with the following information:

  • Identity of the controller and its representative;
  • Main software features;
  • The purposes of the processing;
  • Third party entity responsible for the processing (if applicable);
  • All the personal data that will be collected in each register; it is also necessary to indicate if sensitive data is to be collected as well as data concerning the suspicion of illegal activities, criminal and/or administrative offences, as well as data regarding credit and solvability.
  • Grounds of legitimacy of the collection and a brief description of the data collection method
  • used;
  • Means and methods available for updating the data;
  • Means of communication of data to other entities and their identification (if applicable); and
  • Any transfers of data to third countries, listing the reasons, grounds and the measures adopted in each transfer.

Data Protection officers

There is no legal requirement in Portugal for organizations to appoint a data protection officer.

collection and Processing

Personal data may only be processed if the data subject has given his/her unambiguous consent or if processing is deemed necessary:

  • for the execution of an agreement(s) where the data subject is party or in previous diligences
  • for the conclusion of an agreement at the request of the data subject;
  • for the compliance with a legal obligation to which the controller is subject;
  • to protect the vital interests of the data subject if the latter is physically or legally unable of
  • giving his/her consent;
  • for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or in a third party to whom the data is disclosed;
  • for pursuing the legitimate interests of the controller or the third party to whom the data are disclosed, except where such interests should be overridden by the interests for fundamental rights, freedoms and guarantees of the data subject.

Moreover, the data controller must provide the data subject with all the relevant processing information, which includes the identity of the data controller, the purposes of processing and the means made available to the data subject to access, amend and delete its data.

Transfer

For the data transfers performed within the EU/EEA countries, it is only required to notify the

CNPD and data processing may commence immediately thereafter.

Transfers to non EU/EEA countries can only take place if the recipient country ensures an adequate level of protection. In any case it is mandatory to start an authorization procedure with the CNPD and data processing can only commence upon the authorization issuance.

Exceptionally, transfers performed according to the standard Model Clauses or to Safe Harbor Certificate holders are possible. In such cases, data processing can be done immediately after filling with CNPD.

Security

The controller must implement adequate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

The adequacy of such measures is assessed considering the state of the art, costs of its

implementation, nature of the data and the purpose of processing.

Breach notification

Law 41/2004, of 18 of August on the protection and processing of personal data in

e-communications was recently amended by Law no. 46/2012, of 29 August, which transposed

Directive 2009/136/EC.

Now, companies that offer electronic communications services accessible to the public shall, without undue delay, notify the CNPD of a personal data breach. When the personal data breach may affect negatively the subscriber’s or user’s personal data, companies providing electronic communications services accessible to the public should also, without undue delay, notify the breach to the subscriber or user so that they can take the necessary precautions.

For these purposes, a negative effect to the personal data of privacy exists when the breach may result namely in theft or identity fraud, physical harm, significant humiliation or damage to reputation.

Regardless, if a person/entity is effected by the breach of the Data Protection Law, he/she is entitled to file a claim to the CNPD and/or file a civil lawsuit to seek compensation for damages.

EnforceMent

In Portugal, CNPD is responsible for the enforcement of the Data Protection Law.

The failure to comply with the obligations set forth in the Data Protection Law may be deemed as an administrative and/or criminal offence.

Article 43 determines that any person who intentionally:

  • fails to notify or seek CNPD’s authorization for data processing;
  • provides false information in the notification or in the applications for authorization for the
  • processing of personal data;
  • misappropriates or uses personal data in a incompatible manner with the purpose of the collection or with the legalization instrument;
  • promotes or carries out an illegal combination of personal data;
  • fails to comply with the obligations provided for in the Data Protection Law or in other data protection legislation when the time limit fixed by the CNPD for complying with them has expired; and
  • continues to allow access to open data transmission networks to controllers who fail to

comply with the provisions of this Act after notification by the CNPD not to do so,

shall be subject to a penalty up to one year’s imprisonment or a fine of equivalent to 120 days.

The failure to comply with any of the provisions regarding the conditions and safety of data

processing and the observance of the data subjects of information and opposition rights and permanent access to the data shall be deemed as an administrative offence punishable with a fine ranging from EUR 500 and EUR 5,000.

The negligent or inadequate compliance with the obligations referred to above is also punishable by a fine which varies according to the legal nature of the infringer – individuals may be punished with a fine ranging from EUR 250 to EUR 2,500 and corporate entities may be punished with a fine ranging from EUR 1,500 to EUR 15,000.

Electronic Marketing

The Law no. 41/2004, of 18 of August on the protection and processing of personal data in e communications was recently amended by Law no. 46/2012, of 29 August, which transposed the

2009/136/EC Directive.

In relation to individuals, the sending of unrequested communications for direct marketing purposes is subject to express prior consent of the subscriber or user (that is, the “opt in” rule applies). This includes the use of automated calling and communication that do not rely on human intervention (automatic call devices), facsimile or electronic mail, including SMS, EMS, MMS and other similar applications.

This does not apply to legal entities and accordingly unrequested direct marketing communications are allowed. Nevertheless, the “opt out” rule applies and legal entities may refuse future communications and enroll in the non-subscribers list.

This does not prevent the supplier of a product or service that has obtained its customers’ data and contacts, under the lawful terms of the Data Protection Law and in connection with the sale of a product or service, to use such data for direct marketing of its own products or services similar to those transacted, provided it ensures the customers concerned, clearly and explicitly, with the opportunity to object to the use of such data, free of charge and in an easy manner

(i) at the time of the respective collection, and (ii) on the occasion of each message in case the

customer has not initially refused such use.

The sending of electronic mail for purposes of direct marketing disguising or concealing the identity of the entity on whose behalf such communication is made, as well as the non- indication of valid means of contact to which the recipient may send a request to stop these communications or the encouragement of recipients to visit websites that violate these provisions, is strictly forbidden. The violation of these rules consists on an administrative offense, punishable with fines ranging from Eur 5,000 to Eur 5,000,000, to legal entities:

Online Privacy (including cookies and Location Data)

Cookie compliance – The amended Law no. 41/2004, of 18 of August now determines that the storing of information and the possibility to access information stored in a subscriber/ user’s terminal is only allowed; (i) on the condition the subscriber/user has provided his or her previous consent; (ii) which must be based on clear and comprehensive information, namely

about the purposes of the processing.

This does not prevent technical storage or access; (i) for the sole purpose of carrying out the transmission of a communication over an e-communication network; or (ii) if strictly necessary in order for the provider of an information society service to provide a service expressly requested by the subscriber/user.

At this point, the local regulatory Authority (CNPD) has not yet issued any guidelines regarding the definition of “consent”, namely if implied consent suffices and if the continuous use of website consists consent. In view of Portuguese practice and restrictive approach taken by the DPA, we are of the opinion that implied consent shall not be enough and continuous use of a website shall only be regarded as consent provided clear and evident information is given. The use of a confirmation procedure is advisable.

Traffic Data – Traffic data must be eliminated or made anonymous when no longer needed for the transmission of the communication. Prior express consent is required and may be removed at any time, and only to the extent required and the time necessary to marketing electronic communications services or the provision of value added services.

Processing of traffic data is admissible when required for billing and payment of interconnections and only until the end of the period during which the bill may lawfully be challenged or payment pursued.

Complete and accurate information on the type of data being processed must be provided, as well as the purposes and duration of the processing and the possibility to disclosure to third parties for the provision of value added services. Processing should be limited to workers and employees in charge of billing or traffic management, customer inquiries, fraud detection, marketing of electronic communications services accessible to the public, or the provision of value added services, restricting necessary for the purposes of such activities.

Location Data – Processing of these data is allowed only if they are made anonymous or to the extent and for the duration necessary for the provision of value added services, provided it is obtained prior express consent. Prior information must also be provided.

Companies must ensure the possibility, using simple means and free of charge: (i) to withdraw consent at any time; or (ii) temporarily refuse the processing of such data for each connection to the network or for each transmission of a communication.

Non-compliance with “Opt in” rule consists of an administrative offense, punishable with fines ranging from EUR 5,000 to 5,000,000.

(Passed on 24th of February, 1994,Enacted on 5th of September, 1994.)

The Assembly of the Republic decrees, in the terms of articles 164, subparagraph d), 168 paragraph 1, subparagraph b), c), d) and q), and no. 169, paragraph 3 of the Constitution, the following:

Article 1 Actions or Prevention

1 – It is the responsibility of the Public Prosecution Service and the Criminal Investigation Department, through the Central Directorship for the Combat against Corruption, Fraud and Economic and Financial Infractions, to carry out, without prejudice to the competencies of other authorities, actions for the prevention of the following crimes:

a) Corruption, fraudulent conversion of public moneys and economic participation in business;
b) Prejudicial administration in an economic unit of the public sector,

c) Fraud in the obtaining or embezzlement of subsidies, grants or credit;
d) Economic/financial infractions committed in an organized manner and resorting to information technologies;
e) Economic/financial infractions on an international or transnational scale.

2 – The Criminal Investigation Department carries out the actions set out in the preceding paragraph, either at its own initiative or at that of the Public Prosecution Service.

3 – The actions of prevention referred to in paragraph 1 comprise:

a) The gathering of information in relation to news of matters that may give ground for the suspicion of the danger of the commitment of a crime;
b) The request for inquiries, investigations, inspections and other preparatory inquiries that prove necessary and adequate for the investigation of the legal conformity of determined administrative acts or procedures within the framework of the relations between the Public Administration and private bodies;
c) Me proposing of measures designed to lead to a reduction in corruption and in economic and financial crime.

Article 2 Duty of documentation and information

1 – The procedures adopted by the Public Prosecution Service and by the Criminal Investigation Department within the framework of the competencies to which the preceding article refers shall be documented at all times and may not offend the rights, liberties and guarantees of the citizens.

2 -For analysis and monitoring purposes, the Director-General of the Criminal Investigation Department shall inform, on a monthly basis, the Attorney General of the Republic of the proceedings initiated within the scope of the prevention of those crimes referred to in the preceding article.

Article 3 Criminal proceedings

1 – When, in the course of the actions described in article 1, evidence of the commitment of a crime emerges, the respective criminal proceedings shall be initiated immediately.

2 – For the purpose of the preceding paragraph, once the Criminal Investigation Department gathers evidence that confirms the suspicion as to the commitment of a crime, communication of this and of the accusation must be made to the Public Prosecution Service.

Article 4 Request for inquiries

With the due adaptations, and at the initiative of the competent judicial authority, in the course of the proceedings initiated for any of the crimes referred to in article 1, paragraph 1, the provision in article 1, paragraph 3, subparagraph b) is applicable.

Article 5 Breach of the professional secrecy

1 – In the investigation, fact finding and trial phases for the’ crimes listed in paragraph 1 of article 1, members of the governing bodies of credit institutions and financial companies, the employees of, and persons who provide services to, the said institutions and companies are no longer bound by professional secrecy if there is reason to believe that the respective information is of great importance for the discovery of the truth and for the purpose of evidence.

2 – The provision laid out in the preceding paragraph requires at all times the prior authorization of a court by means of a reasoned order.

3 – Me order referred to in the preceding paragraph can take a generic form in relation to each one of the subjects included in the measure.

4 – Those documents considered by the court to be of no interest to the proceedings shall be returned to the entity that supplied them or, provided these are not originals, destroyed, with a respective report being drawn up. All those involved in the operations referred to in the preceding paragraphs are subject to secrecy in relation to the information that has come to their knowledge.

Article 6 Acts of collaboration or Instrumental acts

1 – The practice of acts of collaboration or instrumental acts in relation to the crimes included in article 1, paragraph 1 of this diploma with a view to gathering evidence in the investigation phase, is legitimate.

2 – The acts referred to in the preceding paragraph at all times require the prior authorization of the competent judicial authority.

Article 7 Confidentiality duty

1 – Whoever carries out any activity whatsoever within the scope of competence of the Central Directorship for the Combat against Corruption, Fraud and Economic and Financial Infractions is legally bound by the duty to, absolute confidentiality in relation to the facts that may come to his knowledge in exercising the preventive functions referred to in article 1.

2 – Me duty of confidentiality is extendible to the identification of citizens who deliver any information relevant to the preventive activities of the Central Direction for the Combat against Corruption, Fraud and Economic and Financial infractions or who collaborate with it in any other form whatsoever.

3 – The contents of the preceding paragraph cease to have effect upon the initiation of criminal proceedings.

Article 8 Mitigating circumstances

For the crimes included in article 1, paragraph 1, subparagraphs a) and e), the punishment may be mitigated if the offender provides concrete assistance in the gathering of decisive evidence for the identification or capture of others responsible.

Article 9 Provisional suspension otproceeding3

1 – In the crime of active corruption, the Public Prosecution Service, with the agreement of the examining magistrate, may provisionally suspend the proceedings by means of imposing on the accused injunctions and rules of conduct, if the following accumulative preconditions are fulfilled:
a) Agreement of the accused;
b) The accused has denounced the crime or made a decisive contribution to the discovery of the truth;
c) It is likely that compliance with the injunctions and rules of conduct responds to a sufficient degree to the prevention demands that are applicable in the case.

2 – Simultaneously applicable are article 281, paragraphs 2 and 5 and article 282 of the Code of Criminal Procedure.

Article 10 Alterations to Decree-Law 295-A/90

Articles 4, 18 and 30 of Decree-Law 295-A/90 of 21st of September, shall now read as follows:

Article 4 Competence

1 – The exclusive competence for the investigation of the following crimes is the reserve of the Criminal Investigation
Department for the whole Portuguese national territory:

a) Traffic in narcotic drugs and psychotropic substances;

b) Forgery of coins, credit instruments, excise papers, postage stamps and other such values, or the circulation of these,~

c) Fraud in the obtaining or embezzlement of subsidies, grants or credit;
d) Corruption, fraudulent conversion of public moneys and economic participation in business,

e) Prejudicial administration in an economic unit of the Public Sector,

f) Economic/financial infractions committed in an organized form and resorting to information technologies;
g) Economic/financial infractions on an international or transnational scale,

h) Crimes connected with the crimes referred to in subparagraphs c), d), e), f) and g);
i) Terrorist organisations and terrorism;
j) Crimes against the security of the State, with the exception of those related with mutilation to achieve exemption from national service and emigration to avoid it, as well as those related with the electoral process;
l) Participation in armed mutiny;
m) Hijacking or otherwise disturbance of air, waterway and railway transport services;
n) Crimes against peace and humanity;
o) Slavery, abduction and kidnapping or the taking of hostages;
p) Theft in credit institutions or departments of the Exchequer,

q) Crimes perpetrated with the use of bombs, grenades, explosive materials or devices, illegal firearms and booby-trapped objects;
r) First-degree murder, provided that the murderer is unknown;
s) Larceny of movables that have a scientific, artistic or historic value and are exhibited in public collections or in a place accessible to the public, which may be of important significance for the technological or economic development or which by nature may be highly dangerous substances;
t) Criminal gangs;
u) Fire, explosion, the exposure of persons to radioactive substances and the release of toxic or asphyxiating gases, provided that the matter is at any rate attributable to criminal intent;
v) Traffic in robbed or stolen vehicles and change of their respective means of identifying them;
x) Forgery of driving licences, registration papers and vehicle owner documents, of education certificates and qualifications, of passports and identity cards.

Article 18 Composition of the Directorship-General

The Directorship-General comprises:

a) The director-general;
b) The Superior Police Council;
c) The Central Directorship for the Combat against Banditry;
d) The Central Directorship for Investigation into Traffic in Narcotic Drugs,
e) The Central Directorship for the Combat against Corruption, Fraud and Economic and Financial Infractions;
f) The Central Department for the Registration of Information and Prevention of Crime;
g) The Police Scientific Laboratory;
h) The National Interpol Office;
i) The Telecommunications Department;
j) The Department of Organization and Information Technology;
l) The Department of Public Information and Documentation;
m) The Disciplinary Department;
n) The Equipment, Weapons and Security Departments;
o) The Planning Department;
p) The Technical Assistance Department;
q) The Human Resources Department;
r) The General Assistance Department;
s) The Board of Directors;
t) The Financial Expertise and Accounting Department.

Article 30 Competence of the Directorship-General for the Combat against Corruption, Fraud and Economic and Financial Infractions

The Directorship-General for the Combat against Corruption, Fraud and Economic and Financial Infractions is responsible, within the whole national territory, for the investigation of the following crimes:

a) Corruption, fraudulent conversion of public moneys, and economic participation in business;
b) Prejudicial administration in an economic unit of the Public Sector-,

c) Fraud in the obtaining or embezzlement of subsidies, grants or credit;
d) Economic/financial infractions committed in an organized form and resorting to information technologies;
e) Economic/financial infractions on an international or transnational scale;
f) Crimes connected with those referred to in the preceding subparagraphs.

Article 11

Amendment to Decree-Law 195-A/90

Decree-Law 295-A/90 of 21st of September is amended by article 30-A, which reads as follows:

Article 30-A Competence or the Financial Expertise and Accounting Department

1 – The Financial Expertise and Accounting Department is responsible for the drawing up of opinion reports and the carrying out of expert accounting, financial, economic and banking inspections.

2 – This Department also has the duty to assist the judicial authorities, it being responsible for providing technical assistance that may be requested of it during the investigation, taking of evidence and trial phases.

3 – The Financial Expertise and Accounting Department has technical and scientific autonomy.

Article 12 Requisitioning or transfer of employees

In the case of a mandate of trials by the Public Prosecution Service, the Attorney-General of the Republic, while taking into account the availability of means, may demand, through the Ministry of Justice, the requisitioning or the transfer of criminal investigation employees from the Criminal Investigation Department.

Article 13 Regulation

The structure, composition, recruitment and training of the personnel to fill posts at the Central Directorship for the Combat against Corruption, Fraud and Economic and Financial Infractions and the Financial Expertise and Accounting Department, referred to in article 18 of Decree-Law 295-A/90 of 21st of September, in the wording given to it by this statute, shall be the object of subsequent regulation.

Article 14 Subsidiary Legislation

In all matters that are not specifically regulated by this statute, the provisions of the Code of Criminal Procedure or of Decree-Law no. 295-A/90 of 21st of September shall be applicable.

Article 15 Date or coming into force

This statute comes into force 90 days after its publication.

Passed on 24th of February, 1994. The President of the Assembly of the Republic, António Moreira Barbosa de Melo.

Enacted on 5th of September, 1994. Let it be published. The President of the Republic, MARIO SOARES.

Countersigned on 9th September 1994. The Prime Minister, Aníbal António Cavaco Silva.

CHAPTER I Purpose and scope

Article 2 Conversion, transfer and dissimulation of goods and products

1. Any person who, knowing that certain goods and products proceed from criminal offences amounting to terrorism, arms trafficking, extortion, kidnapping, qualified procuring, corruption or any other offence mentioned in paragraph 1 of Article 1 of Law N o 36/94, of 29 September.

Article 47(Jurisdiction)

1. The Central Department of Investigation and Penal Action has jurisdiction to coordinate the direction of the investigation of the following crimes:a) Crimes against peace and humanity;b) Terrorist organisation and terrorism;c) Crimes against national security, with the exception of electoral crimes;d) Traffic of narcotics, psychotropic and precursory substances, except in situations of direct distribution to the consumer, and criminal association for drug-trafficking;e) Money laundering;f) Corruption, embezzlement and economic subterfuge in business;g) Fraudulent insolvency;h) Prejudicial management in economic units of the public sector;h) Fraudulent receipt or embezzlement of subsidies, grants or credit;i) Economic or financial breaches committed as part of an organised crime, namely using information technology.l) Economic or financial breaches on an international or transnational scale.2. The exercise of the functions of coordination of the Central Department of Investigation and Penal Action include:a) The examination and implementation of ways to work together with other departments and services, namely the criminal police, with a view to reinforcing the simplification, rationality and efficiency of the proceedings;b) Carrying out studies, in conjunction with the investigation and penal action departments in the seat of the judicial districts, concerning the nature, amount and tendency to develop of criminal activity, and concerning the results obtained through prevention, detection and control.3. The Central Department of Investigation and Penal Action shall be responsible for directing inquiries and carrying out penal action:a) Concerning the crimes outlined in Paragraph 1, when the criminal activity occurs in areas belonging to different judicial districts;b) Following an order of the Attorney General, when, concerning crimes that display severity, or a particular complexity or where the criminal activity is widespread throughout the territory, a concentrated direction to the investigation is justified.4. The Central Department of Investigation and Penal Action is responsible for carrying out the actions of prevention provided for in law, concerning the following crimes:a) Money laundering;b) Corruption, embezzlement and economic subterfuge in business;c) Prejudicial management in economic units of the public sector;d) Fraudulent receipt or embezzlement of subsidies, grants or credit;e) Economic or financial breaches committed as part of an organised crime, namely using information technology.f) Economic or financial breaches on an international or transnational scale.

Police Background Check Procedures

Who can apply?

•  Portuguese nationals may apply.
•  Third party representatives may apply (with the subject’s written consent)
•  Prospective UK employers cannot apply.

Where?

Local applicants must apply in person at the following locations:
•  Direcção de Serviços de Identificação Criminal (part of the Ministry of Justice)
•  Lojas do Cidadão (citizen shops) in Lisbon, Porto, Funchal, Aveiro,
•  Braga, Coimbra, Setúbal and Viseu
•  Secretarias judiciais dos Tribunais de comarca das restantes localidades (judicial secretariats of district courts)
•  Serviços municipais de municípios que não sejam sede de comarca (specific municipal services of towns)
•  Citizen support offices in the Azores
•  How to obtain a Portuguese Criminal Record Certificate (Portuguese citizens only)-
http://www.dgaj.mj.pt/sections/files/infosite/criminal-and/
Overseas applicants must apply in person at the Portuguese Embassy in London.

What must the applicant supply?

Local and Overseas applicants must supply:
•  Original copy of national ID card
•  Completed application form (provided at location)

Third party applicants must supply:

•  Written statement from subject authorising application for certificate
•  Original copy of subject’s national ID card
•  Original copy of third party applicant’s national ID card

What are the costs / turnaround times?

Local applicants:
•  Feeof €3.50 (approx. GBP£ 3.00)
•  Instant turnaround for negative certificates.
•  3 day turnaround for positive certificates.

Overseas applicants:

•  Fee of €5.00 (approx. GBP£ 4.50)
•  Turnaround time of 2 days (plus postage time).

Contact Details

National body contact details:
Direcção de Serviços de Identificação
Criminal
Avenida D. Jão II,
No.1.08.01 D/E, Pisos 0,9-14
199097 Lisboa
Tel: (+351) 217 906 200
Fax: (+351) 211 545 100
Portuguese Consulate General in London:
Portuguese Consulate General
Consulate Section
3 Portland Place
London W1N 3AA
Tel: (+44) 020-7291-3770
Fax: (+44) 020 7291-3799
Email:mail@cglon.dgaccp.pt

Portugal – Know Your Customer (KYC) Rules

Portugal is an entry point for narcotics transiting into Europe. Officials of the Government of Portugal (GOP) indicate the majority of money laundered in Portugal is narcotics-related. Its long coastline, vast territorial waters and privileged relationships with countries in Latin America and Africa make it a gateway country for Latin American cocaine and a trans-shipment point for drugs coming from West Africa entering Europe.

Portuguese authorities have also detected criminal funds being placed into the financial system from smuggled commodities, particularly tobacco products. Authorities also have noted significant criminal proceeds from corruption, traffic in works of art and cultural artifacts, extortion, embezzlement, tax offenses, and facilitating illegal immigration. Currency exchanges and real estate purchases are often used for laundering criminal proceeds.

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: YES

Portugal – KYC covered entities

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

    • Banks, Credit institutions and investment companies
    • Financial leasing, factoring, and mutual guarantee companies
    • Electronic money institutions
    • Life insurance, pension fund management, and credit securitization companies
    • Venture capital and venture capital funds management companies
    • Collective investment entities
    • Postal service entities
    • Casinos and lotteries
    • Property dealers
    • Lawyers, accountants, and auditors
    • Dealers in high-value goods

Portugal – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 1,287 in 2010

Number of CTRs received and time frame: 9,336 in 2010

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

    • Banks, Credit institutions and investment companies
    • Life insurance companies
    • Financial leasing, factoring, and mutual guarantee companies
    • Electronic money institutions
    • Pension fund management, credit securitization, venture capital, and venture capital funds management companies
    • Collective investment entities
    • Postal service entities
    • Casinos and lotteries
    • Property dealers
    • Lawyers, accountants, and auditors
    • Traders in high-value goods

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: 80 in 2010
Convictions: 12 in 2010

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

Although the general legal principle in Portugal is that only individuals are subject to criminal liability, there are exceptions. The criminal code, as revised in 2007, provides for criminal corporate liability for money laundering and certain other crimes.

Risk

Sovereign risk

The Economist Intelligence Unit thinks that Portugal will be able to finance itself following its exit from the EU/IMF funding programme in mid-May 2014. Sovereign bond purchases from the European Central Bank (ECB) will anchor Portuguese bond yields, and the government has accumulated significant reserves of liquidity since its successful return to sovereign bond markets in late 2013. But significant progress is still required on reducing the public debt, estimated at 129% of GDP in 2014.

Banking sector risk

Although the banking sector retains a BB rating, its score has moved to the safer end of the band from mid-range. The near collapse of Banco Espírito Santo (BES) in mid-2014 heightened nervousness, but the bank’s weaknesses are not shared by Portugal’s other banks, which remain relatively healthy by euro zone standards. The sector continues to face a challenging environment characterised by relatively weak economic activity and rising levels of non-performing loans.

Political risk

Political risks are higher than usual, as the next general election is due within 18 months, in September/October 2015. But whatever the outcome of the election, we expect broad policy continuity. New political movements in Portugal are not in a position to upset the mainstream parties as they may in Greece, Spain and Ireland.

Economic structure risk

Competitiveness gains from reform and retrenchment have allowed Portugal to increase the external sector’s contribution to economic growth. The impact of sanctions on Russia hurt export growth last year, but Portugal will benefit from strengthening demand in key trading partners Germany and Spain in 2015.

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.

Petty crime

Violent crimes toward tourists are rare in Portugal. Non-violent petty crimes, such as pickpocketing and bag snatching, however, are on the rise. The petty thieves are very skilled, and often work in groups. Be vigilant in public areas, all tourist attractions, beaches, restaurants, hotel lobbies, bus stations, train stations and airports.

In Lisbon, exercise caution at all train and underground stations, and particularly on electric trams numbered E28, to Castelo de São Jorge; E25, to Prazeres; and E15, to Belém.

Exercise caution when travelling to Queluz and Sintra, to visit the castles and palaces, as well as to the Costa da Caparica beach, south of Lisbon. If visiting the Estoril coast and the village of Cascais, be especially careful at Guincho Beach, Cabo da Roca and Boca do Inferno (Mouth of Hell).

In Porto, do not walk alone after dark, especially along the waterfront of the Douro River.

Do not let your guard down outside of the main cities, as thieves may be watching and can strike anywhere. Be especially careful in the Algarve region in such towns as Lagos and Albufeira, as well as in small coastal towns along and up to the north side of the country, such as Aljezur, Nazaré, Ericeira and Peniche, where petty crimes have been reported.

If you are robbed, go to the nearest police station to report the crime and obtain a police report. There are tourist police stations in Lisbon, Porto, Portimão and Cascais.

Spiked food and drinks

Never leave your drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances. Drugs may be present that could put you at risk of sexual assault and robbery.

Road travel

Rental cars and vehicles with foreign licence plates are frequently targeted for break-ins. Avoid leaving personal items and documents (especially passports) in plain sight in a vehicle.

If you experience car trouble, stop at a gas station or rest stop, if possible. If you must stop unexpectedly, be aware of your immediate surroundings and keep a careful watch on bystanders, including those who offer to help.

Be suspicious of anyone signalling you to stop on roads or highways. Thieves have been known to use this tactic to steal valuables, unattended bags and even the vehicle.

Incidents of thieves on motorcycles slashing rental car tires when the car is stopped at an intersection have been reported. This forces the vehicle to stop on the side of the road and allows for the thieves to approach and distract the passengers by offering assistance, while another steals belongings that are within reach. If this occurs, when possible, lock your doors and call your rental car agency or emergency services from within the car. Avoid opening your window, unlocking the car or stepping out of the vehicle. Official assistance and road monitoring vehicles are present on Portuguese highways and will come to your assistance. When possible, wait for the police to arrive.

Do not open the trunk before you finish parking when you arrive at your destination; this prevents thieves from knowing what is hidden in the trunk.

Whenever possible, use secure parking facilities, especially overnight. Do not leave your vehicle unattended and ensure that windows are closed and doors are locked at all times.

Excessive speeds, unpredictable driving habits and reckless motorcyclists create hazards. Be aware that slow-moving machinery may be found travelling on rural and national roads.

Public Transportation

Local and inter-city train and bus services are good.

Taxis are widely available. Confirm the fare prior to getting into the taxi or ensure that the meter is used.

A tourism information kiosk in the arrivals area of the Lisbon airport offers a wide range of tourism information, including expected taxi fares, and sells taxi vouchers at standardized prices for many locations in the city and metro area. Use a taxi from the queue or kiosk and do not accept rides from someone who approaches you.

A ferry runs between the islands of Madeira and Porto Santo.

Daily domestic flights link the mainland to the islands of the Azores, as well as to Madeira.

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

Demonstrations

Demonstrations occur frequently in larger urban centres and have the potential to suddenly turn violent. They can lead to significant disruptions to traffic and public transportation. Avoid all demonstrations, follow the advice of local authorities and monitor local media.

Beaches and water activities

While beaches are generally considered safe, do not leave your personal belongings unattended.

During the summer months, deaths by drowning have occurred on beaches and in swimming pools. Take warning flags on beaches seriously. The Portuguese Maritime Police have the authority to fine bathers who disobey the lifeguard’s warning flags. Don’t swim at beaches that link to/from rivers, as the water currents can be very strong. Don’t dive into unknown water as hidden rocks or shallow depths can cause serious injury or death.

In the fall and winter months, be cautious when walking along beaches close to the water’s edge because waves can be very unpredictable in size and may come onto shore further than expected and with strong undertows. Do not visit beaches or coastal areas during periods of severe weather warnings. Exercise caution and follow the advice of the local authorities.

Look out for signs warning of cliff erosion. Falling rocks are a hazard and authorities can fine those who ignore warning signs.

In marine areas, coral, jellyfish and other ocean life found along reefs can poison, sting or cause infection if touched or stepped on. Ask local authorities about the presence of such species and whether they are dangerous.

General safety information

You must carry identification at all times. Keep a photocopy of your passport in case of loss or seizure.

Exercise normal safety precautions. Ensure that your personal belongings and passport and other travel documents are secure at all times. Pay attention to your surroundings, avoid showing signs of affluence and do not carry large sums of cash. If possible, carry only the documents, cash and belongings you will need for the day, and leave all other items in a hotel safe.

Emergency services

Dial 112 for emergency assistance.

Address Format

RECIPIENT

STREET_TYPE STREET_NAME HOUSE_NUMBER [FLOOR] [APARTMENT]
[DEPENDEND_LOCALITY]
POSTAL_CODE LOCALITY
PORTUGAL

Sample

Augusto Rodrigues
Avenida António Arroio 5
2775-153 PAREDE
PORTUGAL

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2015-02-13 09:30 AM Q4 0.7% 1.1% 0.5% 0.3%
2015-02-27 11:00 AM Q4 0.7% 1.1% 0.7% 0.7%
2015-05-13 09:30 AM Q1 1.4% 0.6% (R) 1.7% 1.68%
2015-05-29 11:00 AM Q1 0.6% 1.4% 1.4%
2015-08-14 09:30 AM Q2 1.59%
2015-09-08 11:00 AM Q2

 

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