politically exposed person (PEP)

In addition to the mandatory identification obligation of notaries, we must also establish whether you are a politically exposed person (PEP).

who is a politically exposed person (PEP)?

This is a person who holds or has held in the past 12 months one of the following positions in the Netherlands or abroad:

  1. heads of state, heads of government, (deputy) ministers or secretaries of state;
  2. members of the parliament or members of a similar legislative body;
  3. members of a governing body of a political party;
  4. members of a supreme court, constitutional court or other high court delivering judgments that are not subject to appeal except in exceptional circumstances;
  5. members of a court of auditors or of a board of directors of a central bank;
  6. ambassadors, chargé d’affaires or senior officer of armed forces;
  7. members of the executive, supervisory or governing body of a state-owned company; or
  8. (deputy) director and member of board of directors or holder of an equivalent position in an international organisations (for instance: the United Nations, the institutions of the European Union, the North Atlantic Treaty Organisation and the World Trade Organisation).

family members of PEP

The following family members of a politically exposed person also qualify as PEP:

  1. the spouse or similar partner of the PEP
  2. the child and spouse of a child (or similar partner) of the PEP
  3. the father or mother of the PEP

close business relationship with PEP

If you have a close business relationship with (a legal entity on behalf of) a politically exposed person, you are also considered a PEP.

why is this required?

Politically exposed persons hold positions in which they are particularly susceptible to corruption. As civil law notaries, we are therefore required by law to enquire whether a client is a politically exposed person. If so, increased monitoring is required. This obligation for the civil law notary stems from the Prevention of Money Laundering and Financing of Terrorism Act (“Wet ter voorkoming van witwassen en financieren van terrorisme”).