Official Gazette (Part I) No. 764 of August 23, 2023 published ONPCSB Regulation No. 215/2023 adopting the Regulation on Registration of Reporting Entity in the Registers of the National Office for Prevention and Combating of Money Laundering.
Please note that the new regulations are effective from November 7, 2023.
This Regulation establishes the procedure for registering reporting entities in the records of the National Office for Preventing and Combating Money Laundering by applying the procedure for establishing a reporting account required for filing the reports provided for in Articles 6 and 7 of Law No. 129/2019 on Preventing and Combating Money Laundering and Terrorist Financing in the reporting portal of the ONPCSB.
The facilities covered by this regulation are thus:
a) Romanian legal entities credit institutions and branches of foreign legal entities credit institutions;
b) financial institutions Romanian legal entities and branches of financial institutions foreign legal entities;
c) managers of voluntary and/or occupational pension funds, in their own name and for the voluntary and/or occupational pension funds they manage, with the exception of occupational pension funds;
d) gambling service providers;
e) auditors, chartered accountants and certified accountants, certified valuers, tax consultants, persons providing financial, business or accounting advice, other persons who undertake to provide, directly or through other persons with whom that person is affiliated, material help, assistance or advice in relation to fiscal, financial matters, as their principal economic or professional activity;
f) public notaries, lawyers, bailiffs and other persons exercising liberal legal professions, if they assist in the preparation or completion of transactions for their clients concerning the purchase or sale of real estate, shares or shares in companies or elements of goodwill, management of financial instruments, securities or other assets of clients, operations or transactions involving a sum of money or a transfer of ownership, setting up or administering bank accounts, savings accounts or financial instruments, organising the process of subscription of contributions necessary for the establishment, operation or administration of a company; setting up, managing or directing such companies, undertakings for collective investment in transferable securities or other similar structures, as well as participating on behalf of or for their clients in any transaction of a financial or real estate nature; setting up, operating or managing trusts, companies, foundations or similar structures;
g) service providers for companies or trusts, other than those referred to in points e) and f);
h) providers of services for the exchange of virtual currencies and fiat currencies;
i) providers of digital wallets;
j) real estate agents and developers, including when acting as intermediaries in the rental of real estate, but only in respect of transactions for which the monthly rental value represents the equivalent in lei of 10,000 euro or more;
k) other persons who, as professionals, market goods, only to the extent that they carry out cash transactions whose minimum limit is the equivalent in lei of 10,000 euro, regardless of whether the transaction is carried out in a single operation or in several operations which are linked to each other;
l) persons trading in works of art or acting as intermediaries in the trade of works of art, including when this activity is carried out by art galleries and auction houses, if the value of the transaction or a series of related transactions represents the equivalent in lei of 10,000 euro or more;
m) persons storing or trading works of art or acting as intermediaries in the art trade, when this activity is carried out in free zones, if the value of the transaction or a series of related transactions represents the equivalent in lei of 10,000 euro or more.
The mentioned entities must submit the following reports:
- Suspicious transaction report – reporting entities are required to submit a report to the Office if they know or suspect that assets in a transaction are the proceeds of crime or are related to terrorist financing or information that the entities hold may be used for enforcement of anti-money laundering and counter-terrorist financing legislation;
- the report of cash transactions, in lei or in foreign currency, with a minimum limit of the equivalent in lei of 10,000 euro, including transactions that are related to each other, for banking and non-banking entities;
- the report of external transfers to and from accounts, in lei or in foreign currency, with a minimum limit of the lei equivalent of 10,000 euro, regardless of whether the transaction is carried out in a single operation or in several operations linked to each other, for credit and financial institutions;
- the report on transfers of funds for money remittance activity, the minimum limit of which is the equivalent in lei of 2,000 euro.
According to the new regulation, all these reports will be made through the reporting system provided by the ONPCSB
Create a user account in the ONPCSB reporting portal:
The ONPCSB reporting portal can be accessed at raportari.onpcsb.ro. Please note that the documentation on the use of the portal is accessible from its interface.
Holding an account is necessary for the submission of reports provided for by Law no. 129/2019 for the prevention and combating of money laundering and terrorist financing, as well as for the amendment and completion of some normative acts, with subsequent amendments and additions, hereinafter referred to as the Law, and related correspondence.
To create a reporting account, click on the “Create account” button on the starticol page.
In the registration form the information about the reporting entity, the person who performs the registration and the person designated according to Article 23 paragraph (1) of the Act shall be filled in. The data entered must be in accordance with reality.
Information about the reporting entity:
1.Unique registration code/Tax identification code/Personal identification number
The authorised natural person who, within the framework of the liberal profession, exercises his/her function personally and is individually responsible for the activity carried out fills in the personal identification number (CNP).
- Main CAEN code (Reporting entities that do not have a CAEN code will not complete this field).
- Registration number with the National Trade Register Office, hereinafter referred to as ONRC (Reporting entities that do not have a registration number with the ONRC will not complete this section.)
- Name/Name and Surname
- Type – type of reporting entity, chosen from the list of types of reporting entities within the categories mentioned in Article 5 of the Law
6.Legal form of organisation
7.Nature of capital – The heading is completed by ticking the appropriate values relating to the nature of the capital: indigenous/foreign + full/majority, state/private + full/majority.
8.Address (registered/corporate office of the reporting entity)
11.Name and surname of legal representative
Information about the person making the registration:
- First name
- E-mail – Enter the e-mail address with which the account will be confirmed and which will act as the username on the login page.
- Password – Password must contain upper and lower case letters, numbers and special characters, minimum 8 characters.
- Password confirmation – Re-enter the password.
- Phone number
Information on the person designated under Article 23 paragraph (1) of the Act:
Tick the box “Same as person making the registration”, if applicable.
If the reporting entity has appointed more than one person designated under Article 23 paragraph (1) of the Act, their identification data may be entered in turn after clicking on the “Add designated person” button.
Tick the box “I consent to the processing of my personal data in accordance with the provisions of Regulation (EU) No 679/2016 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data”.
When the “Save” button is clicked, the correctness of the data entered is verified and a message is sent to the completed e-mail address (in section II.3), informing the holder about the creation of the reporting account and requesting access to a confirmation and activation link. Successful completion of the registration will be notified by a new e-mail.
Clicking the “Submit” button will delete the data filled in the form.
(2)Connecting to the portal
To log in, click on the “Log in” button on the homepage.
In step 1 enter your e-mail and password, then click on the “Send security code” button.
In step 2 enter the security code received by e-mail, then click on the “Login” button.
After logging in to the reporting portal you will be able to submit the reports required by the Law and manage the information about the reporting entity and any secondary offices, as presented in the documentation on the use of the portal.
– Order 215/2023 approving the Regulation on the registration of the reporting entity in the records of the National Office for the Prevention and Combating of Money Laundering;
– Law 129/2019 on preventing and combating money laundering and terrorist financing, as well as amending and supplementing certain regulatory acts;
– Decision 491/2021 for the approval of the Regulation on the organisation and functioning of the National Office for the Prevention and Combating of Money Laundering.