Circular CSSF 24/859 is a CSSF circular, published 9 September 2024 and updated 2 August 2024. Subject: Replacement of the secure exchange channel for the notification and enforcement of court orders and repeal of Circular CSSF 13/566.
\nLegal basis: Loi du 1er août 2018, Loi du 8 août 2000 relative à la surveillance complémentaire des entreprises d'assurances faisant partie d'un groupe d'assurance et.
\nRelevant for: Credit institutions.
\nMain topic: Financial crime. Keywords: AML/CFT.
\nAmended by Circular CSSF 24/862. Repeals Circular CSSF 13/566.
\nReplacement of the secured exchange channel for the notification and enforcement of court orders and repeal of Circular CSSF 13/566
\nIn case of discrepancies between the French and the English texts, the French text shall prevail.
\nReplacement of the secured exchange channel for the notification and enforcement of court orders and repeal of Circular CSSF 13/566 To all credit institutions,
\nLuxembourg, 9 September 2024 Ladies and Gentlemen, We inform you that the secured electronic transmission channel “e-file” for the notification and the enforcement of court orders, as provided for in Circular CSSF 13/566 of 6 June 2013 1, will be replaced by a “MyGuichet” procedure. This replacement concerns the court orders issued by the investigating judges (juges d’instruction) of the Tribunaux d’arrondissement (district courts) of Luxembourg and Diekirch under Articles 662, 66-3, 66-4 and 66-5 of the Code of Criminal Procedure (hereinafter “CCP”) and the Law of 1 August 2018 1° transposing Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, 2° amending the Code of Criminal Procedure, 3° amending the amended Law of 8 August 2000 on international mutual judicial assistance in criminal matters. As part of the programme to digitalise the court administration and to secure exchanged data, it was decided to take advantage of this new project by extending the scope of application of the orders processed via the application JUPER to type 66-4 orders as referred to in the CCP (first, only for international mutual assistance cases). Reference is made to the technical note attached hereto, which includes technical details and steps to be taken in order to subscribe to this new secured system of information transmission on the electronic platform \"MyGuichet\" and which will be operational as from 6 November 2024. It is recalled that in accordance with Article 66-2(1) of the CCP, the investigating judge may, on an exceptional basis, if the criminal proceedings are related to facts carrying a criminal or a correctional penalty the maximum of which is equal to or greater than two years' imprisonment, order credit institutions s/he designates to inform him/her whether or not the person under investigation holds, controls or has power of attorney over one or more accounts of any kind or has held, controlled or had power of attorney over such an account. Moreover, reference is made to Articles 66-3 to 66-5 of the CCP governing the request to monitor banking transactions, the request for information on the execution of banking transactions and procedural questions relating to the various requests. In accordance with these provisions, and more particularly paragraph 2 of Article 66-5 of the CCP, compliance with the procedure set out in the technical note in the annex is required in order to ensure the proper enforcement of court orders.
\nhttps://www.cssf.lu/wp-content/uploads/cssf13_566eng.pdf
\nIn the event of an internal change within your institution which may, where applicable, have an impact on the transmission of the required information, we request you to inform forthwith the competent authorities and to update the relevant data. Please note that the contact persons are Mr. Claude Berens, [email] and Mr. Ben Wanderscheid, [email] from the International Mutual Judicial Assistance Department at the Judicial Police. You may also send any question to the email address of the Luxembourg Cabinet d'Instruction (Luxembourg Office of the investigating judge): [email] This Circular repeals Circular CSSF 13/566 of 6 June 2013.
\nYours faithfully.
\nThe text above is the opening of the document; the PDF carries the whole.
\nDocument page, PDF. Source: Commission de Surveillance du Secteur Financier (CSSF), reproduced with the CSSF's consent. The French text prevails.
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