You report an unusual transaction to FIU-Nederland without delay, as soon as the unusual nature of the transaction is known. FIU-Nederland is the Dutch Financial Intelligence Unit. You report via the goAML reporting portal. After that you are bound to confidentiality: the customer may not know that you have reported.
This article describes how reporting works in practice. The legal basis is explained in Reporting obligation under the Wwft.
Who reports?
Every institution covered by the Wwft has a reporting obligation. These include banks, payment institutions, insurers, trust offices, accountants, tax advisers, civil-law notaries, lawyers for certain activities, estate agents and traders. If you are unsure whether this applies to you, see Wwft check.
For lawyers and civil-law notaries, their statutory duty of confidentiality does not prevent a report under the Wwft. Read more in The Wwft for civil-law notaries and lawyers.
When do you report?
The Wwft says: without delay (onverwijld) after the unusual nature has become known. In practice this means:
- you do not wait until you are certain about money laundering
- you do not collect reports to send them in one go later
- you also report intended transactions, so transactions that did not go ahead
- you also report when the customer due diligence fails or you terminate a relationship for that reason, and there are also indications of money laundering or terrorist financing
Have an internal procedure that sets out who assesses signals, who takes the decision and within what time frame. Also record why you do not report in a particular case.
How do you report?
FIU-Nederland determines how a report must be made. You report via the FIU-Nederland reporting portal, which runs on the goAML system.
Before you can report, your organisation registers. To do so, you appoint at least one primary user. That person completes the registration form, submits a declaration of identity and authority and uses an email address of the organisation. You can then add further users. Arrange this in advance, so that you do not have to wait when a report is needed.
What goes into the report?
The Wwft lists the data a report must contain:
- the identity of the customer and the UBOs, and as far as possible of the person on whose behalf the transaction is carried out
- the type and number of the identity document
- the nature, time and place of the transaction
- the size, origin and destination of the funds or other assets
- the circumstances on the basis of which you classify the transaction as unusual
- for transactions above € 10,000, a description of the high-value goods involved
The fifth point is the most important. FIU-Nederland can only analyse properly if you describe clearly what you saw, why it deviates from the picture of the customer and which indicator applies. Write factually and completely.
What happens after the report?
- Confirmation of receipt. FIU-Nederland confirms receipt of your report.
- Analysis. FIU-Nederland compares the report with other information. If there is reason to do so, it declares the transaction suspicious and it becomes available to investigative services.
- Further questions. FIU-Nederland may ask for more information. You provide it without delay, in writing and, in urgent cases, orally.
- Holding a transaction. FIU-Nederland may ask you to hold a transaction for a maximum of five working days. You comply immediately and inform the customer straight away that you are holding the transaction.
A report is not a decision about the customer. You reassess the risk and decide whether the relationship continues, possibly with enhanced due diligence.
Confidentiality: no tipping off
You and everyone who works for you are bound to confidentiality about:
- the report itself
- the further information you give to FIU-Nederland
- the fact that a report leads or may lead to an investigation
- internal discussions about whether you should report
There are limited exceptions, for example for sharing information within a group that follows the same rules. Train employees who deal with customers, so that they do not reveal anything when the customer asks questions.
Protection of the reporting institution
The Wwft protects those who report in good faith. Data you have provided in accordance with the Act cannot be used to prosecute you yourself for money laundering. Nor are you liable for damage suffered by a third party as a result of a report you made in the reasonable belief that you were complying with the Act. This protection also covers employees who contributed to the report.
Record-keeping
You record the data needed to reconstruct the transaction, a copy of the report and the confirmation of receipt from FIU-Nederland. You keep these for five years. See also Record-keeping under the Wwft.
What changes with the AMLR?
From 10 July 2027 the European Anti-Money Laundering Regulation applies. Institutions then report promptly to the FIU where they know, suspect or have reasonable grounds to suspect that funds or activities are related to criminal activity or terrorist financing, regardless of the amount. Attempted transactions count. As a rule, you answer FIU requests within five working days. You must also record your assessment, whether or not it leads to a report. Read more in AMLR 2027.