New CSSF Circular On Cooperation With Judicial Authorities

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The repealed circular, even though addressed to all credit institutions, referred to professionals of the financial sector.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...