Reporting suspicious transactions

A report must be made as soon as there is reasonable suspicion, that is, when a body of evidence suggests that the funds or the work come from an illicit activity. Proof is not required: the operator's role is to alert, not to investigate.

The report may be made before, during or after the transaction. Where the suspicion arises beforehand, the operator suspends the transaction pending the authority's instructions, where this is possible without alerting the client.

The report is made by a form, available on the Desk portal, to be sent to the competent national authority, with a copy to OIMAP. It includes the operator's identity, the description of the transaction, the elements on which the suspicion is based and the attachments.

An acknowledgement of receipt is issued within forty-eight hours. The authority may ask for further information. The operator must not communicate with its client or with third parties about the existence of the report.

The law protects the good-faith reporter: they cannot be prosecuted, civilly or criminally, for reporting a suspicion, even if it proves unfounded. Their identity is not disclosed to the client. Retaliation against an employee who has reported is prohibited.

This protection is essential for operators to dare to report. It comes with a requirement of good faith: an abusive report, intended to harm a competitor, may engage its author's liability.