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Compliance regulations on Curacao

What is compliance?

Compliance refers to the act of following rules, laws, regulations, and internal policies that apply to a business or individual. In a professional or corporate context, it means ensuring that your company or organization operates within legal and ethical boundaries.
The Financial Action Task Force (FATF) is an international body founded in 1989 to combat money laundering, terrorist financing, and threats to the global financial system. It sets standards and promotes legal and regulatory measures across member countries.

In Curaçao, compliance is overseen by the Financial Intelligence Unit (FIU Curaçao), which monitors service providers to ensure they meet legal obligations. Curaçao’s local laws include:

LvMOT: Reporting of unusual transactions
LID: Identification requirements in service provision

Key Compliance Requirements in Curaçao:

  • ID Verification: Service providers must verify client identities using valid, original ID documents. Expired IDs or copies are not accepted.
  • Clients Abroad: Must provide certified copies of ID and civil registry documents.
  • Legal Entities: Must identify and verify both the entity and its UBOs (Ultimate Beneficial Owners), using Chamber of Commerce extracts and valid ID.
  • Client Screening: Required before any business relationship or transaction begins. More rigorous for high-risk cases (e.g., PEPs or remote clients).
  • Source of Funds: Clients must explain and prove the origin of their money if requested.
  • Ongoing Monitoring: Service providers must continue monitoring clients throughout the relationship and may request updated information if needed.

Clients are legally obligated to cooperate fully with all identification and verification procedures.

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May a service provider make a copy of your ID?

Identify and verify Yes, the service provider may do this; in fact, he is required by law to do so. Under the LID, if he provides certain services, he must, among other things, conduct a client screening process. An important part of this is that the service provider must know who he is dealing with. He is obliged to establish your identity and verify it with the help of a valid and original proof of identity. A copy is not sufficient; the service provider may not accept an expired ID either. If you live or reside abroad, the service provider will ask you for additional documents, such as a certified copy of your ID and a certified extract from the Civil Registry of your place of residence or stay.

Legal entity; identifying and verifying UBOs

Do you act for a legal entity such as a public limited company (N.V.), private limited company (B.V.), association or foundation? If so, the service provider will have to establish and verify not only your identity, but also the identity of the legal entity on the basis of a recent certified extract of the legal entity from the Chamber of Commerce. You will also have to prove that you are authorized to act on behalf of the legal entity. Also, the service provider will ask you to provide insight into the structure of the legal entity: who are the shareholders, who is in control (ultimate interested parties (UBOs))? The service provider will ask you for their identity, and the identity of these UBOs will have to be established by means of a valid identity document. So depending on the situation, the service provider will be able to ask you for various documents.

Client Screening

Client due diligence will be more thorough in certain high-risk situations. For example, if you are a PEP (politically exposed person) or if you have not been or will not be physically present with the service provider, the service provider will conduct an enhanced client screening. You are obliged to cooperate in the client screening process. There may be an (extended) business relationship with your service provider (think, for example, the work of an attorney or real estate agent) or an incidental transaction (think, for example, the purchase of a motor vehicle). If there is an (intended) business relationship, the service provider may not begin working for you until after they have conducted the investigation. If there is an (intended) incidental transaction, the service provider may not execute the transaction until after he has conducted the investigation.

Origin of money/resources

In some cases, an investigation into the origin of the funds used in the transaction may also be part of the client due diligence. In the case of a business relationship, this may come up during the duration of the service. The service provider should be able to determine where the funds used come from and whether there is a relationship between the source and the client. He will be able to ask the necessary questions about this and may also request documentary evidence from you. In the case of a business relationship, the service provider is obliged to continue to monitor it even during the business relationship. He will therefore also ask you for information about the transaction or the parties involved during the duration of the service if there is reason to do so.

Prima ervaring, tijdige en correcte terugkoppeling en goede begeleiding.Aanrader!

Mr. Groenewegen

Netherlands

Beantwoordt vragen snel, is correct en ter zake kundig…..wat wil je nog meer?

Fam. D. Hendriks

Netherlands

Wij waren zeer tevreden over de goede rondleidingen en informatie van Marcel Piepenbrink toen wij op zoek waren naar een woning op Curaçao.Als gevolg daarvan zijn wij nu eigenaren van een mooie woning op Grote Berg.Bovendien heeft Marcel een goede beheerder geadviseerd, die ons met raad en daad heeft geadviseerd bij het opknappen en onderhoud van de woning.

Jan Lautenbach and Tine van Minnen

Netherlands

Fijne samenwerking, goede begeleiding, gemakkelijk te bereiken, beantwoordt vragen snel of zoekt uit waar het antwoord te vinden is.Kortom: wij zijn meer dan tevreden!

S. Vandewall

The Netherlands

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