The Asset Management Office (Bureau de Gestion des Avoirs – BGA) manages, in addition to other assets, any sums of money – be it in cash or in credit balances in an account –, debts or virtual assets seized as part of criminal proceedings in Luxembourg or abroad.
The BGA will:
For monies and virtual assets seized after 1 October 2022, the public prosecutor or the examining magistrate will order them to be transferred to the Consignment Office.
For monies, debts and virtual assets seized prior to 1 October 2022, garnishees have 6 months from 1 October 2022 to respond to the BGA and immediately transfer the assets after having been instructed to do so by the BGA.
In the latter case, garnishees must respond to the BGA by way of a declaration of seized assets submitted through MyGuichet.lu.
The procedure applies to monies, debts or virtual assets seized prior to 1 October 2022.
The monies in question include:
Before commencing the 'declaration of seized assets' procedure, the declarant must have a business eSpace on MyGuichet.lu.
How to set up a business eSpace on MyGuichet.lu
Two scenarios are possible:
You can also refer to the help section on MyGuichet.lu.
Seized assets must be declared through a BGA-certified business eSpace on MyGuichet.lu.
The certification procedure requires authentication on MyGuichet.lu (see under 'Forms / Online services' below).
For authentication purposes, the user must have:
The deadline to declare assets seized prior to 1 October 2022, is 31 March 2023.
However, the procedure will still be accessible after that date.
The 'declaration of seized assets' procedure is free.
The garnishee must file the declaration of seized assets with the BGA electronically, using an authenticated procedure on MyGuichet.lu (see 'Forms / Online services' below).
To do so, they will need:
The declaration must be filed through MyGuichet.lu (business eSpace):
In support of the declaration of seized assets, the garnishee must provide information about:
In support of the declaration of seized assets, the garnishee must provide:
The garnishee may also attach any further documentation – in particular, documentation on a civil enforcement procedure.
The garnishee may amend or cancel the declaration of seized assets, provided the declaration has not yet been forwarded to the BGA.
Upon receiving the declaration of seized assets, the BGA will send the declarant an acknowledgement of receipt through MyGuichet.lu.
The BGA must be allowed to handle any seized monies, whether in cash or in the form of balances credited to an account.
Through MyGuichet.lu, the BGA will send the declarant a transfer instruction, detailing how to transfer the assets to the Consignment Office. The declarant must then, without delay, transfer the current balance to the account specified in the transfer instruction.
The current balance is the difference between the balance seized, plus interest earned, and fees incurred since notice of the seizure order was served.
Once the Consignment Office has received the monies, the declarant will be sent a deposit receipt by post.
The handling of securities by the BGA is optional and will depend on the decision of the judicial authority that ordered the seizure.
Their disposal may be ordered, following a decision to dispose of a seized asset, handed down by a Luxembourg court ruling in penal matters, or a magistrate, when:
Following the judicial authority's decision, the BGA will send the declarant:
The declarant may deduct expenses incurred (account management fees, transaction fees, etc.) from the balance in the seized account.
Where expenses are to be deducted, the declarant must begin a new 'declaration of expenses' procedure on MyGuichet.lu, providing details of the expenses to be deducted.
In the declaration of seized assets, the declarant must specify whether the same sum of money – either in cash or in a credit balance in an account – has been the subject of multiple seizure orders.
They need only provide the judicial order number of the competing seizure orders, whether Luxembourg-domestic seizures or seizures in performance of an international letter rogatory.
The seizure in the criminal matter suspends or precludes any civil enforcement procedure seizing the asset. The creditor which enacted an enforcement procedure before the seizure in the criminal matter is automatically considered to hold a secured right to the asset, taking effect on the date on which that enforcement procedure became enforceable.
In the declaration of seized assets the declarant must specify whether a sum of money – be it in cash or a credit balance in an account – is subject to one or more ongoing civil enforcement procedures.
Thus, they must:
The BGA will consider the ranking of the various seizures after the current balance has been transferred to the Consignment Office.
When no enforcement proceedings have been started prior to a seizure in a criminal matter, the cash or the credit balance in an account which serve to guarantee the holder's or a third party's engagements, must be transferred to the Consignment Office.
Claims to enforce the guarantee, brought after the date of the seizure, cannot be enforced.
In the declaration of seized assets, the declarant must specify whether a seizure in a criminal matter conflicts with an asset freeze ordered by the Financial Intelligence Unit (Cellule de renseignement financier – CRF).
The BGA will then contact the CRF to have the freeze lifted before serving the transfer instruction.
In the declaration of seized assets, the declarant must specify whether a seizure in a criminal matter conflicts with a restrictive financial measure based on the relevant law.
The BGA will then contact the Ministry of Finance (Ministère des Finances) to obtain an exemption before serving the transfer instruction.
The declarant is at liberty to carry on or break off a business relationship with the client once the monies have been transferred to the Consignment Office.
Garnishees whose assets have been seized and who fail to declare the seizure will not be subject to criminal sanctions.
However, they could incur civil liability for the damaging consequences of such failure.
There is no right of appeal against the order to transfer the seized monies to the Consignment Office.
The BGA will hold the monies until the outcome of the criminal proceedings in the context of which they were seized, and then comply with the judicial decisions concerning the fate of the assets.
Demande de certification de l'espace professionnel au Bureau de gestion des avoirs par les établissements financiers
Fichier XSD et exemple pour la déclaration d'avoirs saisis auprès du BGA (Dépôt XML)