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Stouten, Maaike; Tilleman, André --- "Reporting duty for lawyers versus legal privilege – unresolved tension" [2013] ELECD 935; in Unger, Brigitte; van der Linde, Daan (eds), "Research Handbook on Money Laundering" (Edward Elgar Publishing, 2013) 426

Book Title: Research Handbook on Money Laundering

Editor(s): Unger, Brigitte; van der Linde, Daan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857933997

Section: Chapter 30

Section Title: Reporting duty for lawyers versus legal privilege – unresolved tension

Author(s): Stouten, Maaike; Tilleman, André

Number of pages: 9

Abstract/Description:

The reporting duty pursuant to the EU AML/CTF legislation is precarious. Can lawyers who have a duty to secrecy be forced to report clients for money laundering or terrorist financing? Exceptions to the reporting duty in case of legal privilege are left, to some extent, to the EU Member States. This contribution shows that questions surrounding the AML/CTF reporting duty are not yet resolved, and seem to ask for a more harmonized approach of the legal privilege exemption in the Member States.