SWIFT will likely escape criminal penalties in Belgium

Today’s Le Soir is reporting on the conclusions that the Belgian parliamentary committee on intelligence services (the Comité R) seems to be coming to in its closed door hearings on the SWIFT banking information affair (see here and here). The article is in the print edition of Le Soir, and online for a fee.

According to the paper, SWIFT will likely escape criminal sanction, but may face civil penalties if the courts decide they gave the Americans more data than was strictly necessary to fight terrorism. Much of the logic appears to be based on the fact that the data itself is outside of Belgium, in the Netherlands and the USA. Furthermore, it seems likely that SWIFT employees will not face charges for failing to inform the Belgian government of its decision to give the CIA access to its records, since such a disclosure would have meant criminal penalties in the US.

The article also claims that the Belgian National Bank, which was informed of the program, will likely face the most criticism. The bank had decided that since SWIFT’s decision did not affect financial stability, it was not the bank’s responsibility to take any action. The committee, however, seems to have decided that this was a serious error. The National Bank had a responsibility to inform the state and would not have been subject to criminal penalties for doing so.

The committee has also apparently let the state security services and the federal police off the hook for not doing anything, claiming that the first had no responsibility outside of military threats and that the second didn’t know until the New York Times broke the story. As is typically the case in Belgium, the legislation controlling the police’s responsibility is somewhat vague. The federal police are supposed to protect Belgium’s “scientific and economic potential” and no one seems clear on what that means in practice.