CSSF CIRCULAR 13/566 OF JUNE 6TH 2013, REGARDING THE SECURED ELECTRONIC EXCHANGE WITH THE LUXEMBOURG OFFICE OF INVESTIGATING JUDGE (THE "CIRCULAR")

The Circular was released by the CSSF on June 7th 2013 and repeals circular 11/514. It requires the implementation of an additional way of communication with the investigating judge.

The repealed circular, even though addressed to all credit institutions, referred to professionals of the financial sector. The first appendix of the new Circular shows a chart listing different kind of professionals, namely Lawyers, Credit institutions, PFS and Banks that may become members of e-file.lu in the future.

The scope of the Circular is currently limited to the Banks. The second appendix of the Circular reproduces four articles of the Code of Criminal Procedure ("the C.C.P."), which provisions refer to the accounts opened with credit institutions.

The order issued by an investigating judge provided for in Articles 66-2, 66-3 and 66-4 is brought to the attention of the targeted bank by way of a notification, made either by a police officer, by registered letter with acknowledgement of receipt, by fax or by electronic mail. The notified bank, until now, had to respond and provide information and documents through email only (art. 66-5 (2) of the C.C.P.).

An additional way to exchange the required information in the context of a criminal investigation is introduced through the e-file.lu communication platform.

The Circular contains technical data relating to the opening of an access to the e-file.lu portal, and explains how to subscribe to the "electronic criminal searches" system.

This platform is a solution provided by FINESTI, a wholly owned subsidiary of the Luxembourg Stock Exchange, to the actors of the financial sector.

The same hub is now extended to the Luxembourg judicial authority. It may well be that this hub could be shared by other professionals for other purposes in the future (like suspicious transaction reports within the fight against money laundering).

It is to be noted that credit institutions should arrange for the access to the platform by October 1st 2013, in order to comply with the Circular.

The full text of the Circular is available here (only in French)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.