An unusual transaction is an executed or intended transaction that is classified as unusual on the basis of the statutory indicators. If a transaction meets one of those indicators, you must report it to FIU-Nederland without delay. An unusual transaction is not proof of money laundering. It is a signal that the government wants to look into more closely.
The reporting obligation is one of the core obligations of the Wwft. Read how the Act is structured in What is the Wwft?
Unusual is not yet suspicious
The Dutch system has two steps:
- You report unusual transactions. You know your customer and see when something deviates. That is where your role ends.
- FIU-Nederland assesses. FIU-Nederland, the Dutch Financial Intelligence Unit, compares the report with other information, such as police data and data from foreign FIUs. If there is reason to do so, FIU-Nederland declares the transaction suspicious. Only then does the information become available to investigative services.
FIU-Nederland therefore describes itself as the buffer between unusual and suspicious transactions. For you this means: you do not have to prove that something is wrong. You report what is unusual.
The indicators
Article 15 of the Wwft provides that the indicators are laid down by order in council. This has been done in the Uitvoeringsbesluit Wwft 2018 (Wwft Implementing Decree 2018). The annex to that decree sets out per type of institution which indicators apply. There are two kinds.
The subjective indicator
This applies to every institution. It concerns a transaction where you have reason to assume that it may be related to money laundering or terrorist financing. It is a judgement based on what you know about the customer. Certainty is not required.
Objective indicators
These are fixed situations in which you always report, regardless of your own judgement. They differ per sector. For accountants, tax advisers and estate agents, among others, there is an objective indicator for transactions of € 10,000 or more paid to or through the institution in cash, with bearer cheques, with a prepaid card or with similar means of payment. Other sectors have other indicators and amounts. So always check the annex for your own category.
The annex also indicates that transactions you report to the police or the Public Prosecution Service in connection with money laundering or terrorist financing should also be reported to FIU-Nederland.
Signals in practice
The subjective indicator is about deviations from the picture you have of the customer. Examples of signals that may give reason to ask further questions:
- a transaction without a clear economic or business purpose
- amounts or patterns that do not match the customer's income, size or activities
- payments from or to third parties without a logical explanation
- splitting amounts so that they stay below a threshold
- a customer who gives no explanation, or changing explanations, about the source of funds
- an unnecessarily complex structure or unusual haste
- a customer who withdraws as soon as you ask for documents
These are examples, not a statutory list. One signal does not automatically make a transaction unusual, while a combination of small signals can. FIU-Nederland publishes typologies and case examples that help you recognise patterns.
Transactions that do not go ahead
The reporting obligation applies to executed and intended transactions. If a customer stops a transaction after you ask questions, that may be a reason to report.
A report may also be needed without a transaction. If the customer due diligence does not produce the required result, or you terminate a relationship because the due diligence fails, and there are indications of money laundering or terrorist financing, you report that too.
What do you do if you see something unusual?
- Assess the transaction against the indicators for your sector and against what you know about the customer.
- Ask further questions where needed about the purpose and source of funds, without saying that you are considering a report.
- Record your reasoning, including when you decide not to report.
- Report without delay to FIU-Nederland as soon as the unusual nature is known.
How this works is explained in Reporting an unusual transaction to FIU-Nederland. More on the obligation itself is in Reporting obligation under the Wwft.
Confidentiality
You and your employees are bound to confidentiality about a report. You may not tell the customer or anyone else that you have reported, that FIU-Nederland has requested further information or that an investigation is under way. This is also known as the prohibition on tipping off.
What changes with the AMLR?
From 10 July 2027 the European Anti-Money Laundering Regulation applies. Its test is whether an institution knows, suspects or has reasonable grounds to suspect that funds or activities are related to criminal activity or terrorist financing. That applies regardless of the amount and also to attempted transactions. How the Dutch system of indicators will relate to this depends on the Dutch implementing rules. So follow the information from FIU-Nederland and your supervisor. See also AMLR 2027.