# Luxembourg - United States Department of State

- Luxembourg HomeReportsBureau of Democracy, Human Rights, and Labor2023 Country Reports on Human Rights Practices&#8230;Luxembourg				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2023 Country Reports on Human Rights Practices: Luxembourg																																					Bureau of Democracy, Human Rights, and Labor																																																																																							Download Report																																																							Translations																																																																 In this section										/																							EXECUTIVE SUMMARY																																													EXECUTIVE SUMMARY																															Section 1. Respect for the Integrity of the Person																																																									a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings																																																																											b. Disappearance																																																																											c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses																																																																			Prison and Detention Center Conditions																																																																																																																		d. Arbitrary Arrest or Detention																																																																			Arrest Procedures and Treatment of Detainees																																																																																																																		e. Denial of Fair Public Trial																																																																			Trial Procedures																																																								Political Prisoners and Detainees																																																																																																																		f. Transnational Repression																																																																											g. Property Seizure and Restitution																																																																											h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence																																																																																	Section 2. Respect for Civil Liberties																																																									a. Freedom of Expression, Including for Members of the Press and Other Media																																																																			Internet Freedom																																																																																																																		b. Freedoms of Peaceful Assembly and Association																																																																											c. Freedom of Religion																																																																											d. Freedom of Movement and the Right to Leave the Country																																																																											e. Protection of Refugees																																																																																	Section 3. Freedom to Participate in the Political Process																																																									Elections and Political Participation																																																																																	Section 4. Corruption in Government																															Section 5. Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights																															Section 6. Discrimination and Societal Abuses																																																									Women																																																																											Systemic Racial or Ethnic Violence and Discrimination																																																																											Children																																																																											Antisemitism																																																																											Trafficking in Persons																																																																											Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics																																																																											Persons with Disabilities																																																																																	Section 7. Worker Rights																																																									a. Freedom of Association and the Right to Collective Bargaining																																																																											b. Prohibition of Forced or Compulsory Labor																																																																											c. Prohibition of Child Labor and Minimum Age for Employment																																																																											d. Discrimination (see section 6)																																																																											e. Acceptable Conditions of Work																																																																																																							EXECUTIVE SUMMARY				There were no significant changes in the human rights situation in Luxembourg during the year.There were no credible reports of significant human rights abuses.The government took credible steps to identify and punish officials who may have committed human rights abuses.																														Section 1.													 Respect for the Integrity of the Person												    																																																a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings										There were no reports that the government or its agents committed arbitrary or unlawful killings, including extrajudicial killings.																																				b. Disappearance										There were no reports of disappearances by or on behalf of government authorities.																																				c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses										The law prohibited such practices, and there were no reports that government officials employed them.																Prison and Detention Center Conditions						There were no significant reports regarding prison or detention center conditions that raised human rights concerns.Administration:  There were no significant reports regarding prison or detention center conditions that raised human rights concerns.Independent Monitoring:  The government permitted monitoring by independent human rights observers, including by the Council of Europe’s Committee for the Prevention of Torture and the country’s ombudsperson, who monitored and supervised the country’s detention centers.																										d. Arbitrary Arrest or Detention										The constitution and law prohibited arbitrary arrest and detention and provided for the right of any person to challenge the lawfulness of a detention in court.  The government generally observed these requirements.																Arrest Procedures and Treatment of Detainees						The law required police to inform detainees of the charges against them within 24 hours of their arrest and to bring detainees before a judge for a determination of the detention’s legality.  There was a functioning bail system, which judges regularly employed.  According to the law, detainees were provided access to an attorney prior to their initial interrogation.  In cases when detainees could not afford legal assistance, the government paid for those services.  A law passed on July 19 increased the income threshold for those eligible for government-funded legal assistance.  These rights were respected.																										e. Denial of Fair Public Trial										The constitution and law provided for an independent judiciary, and the government generally respected judicial independence and impartiality.																Trial Procedures						The constitution provided for the right to a fair and public trial, and the judiciary generally enforced this right.						Political Prisoners and Detainees						There were no reports of political prisoners or detainees.																										f. Transnational Repression										Not applicable.																																				g. Property Seizure and Restitution										The government had laws or mechanisms in place, and nongovernmental organizations (NGOs) and advocacy groups reported the government made significant progress on resolving Holocaust-era claims, including for foreign citizens.  The government continued implementation of the 2021 Holocaust-era property restitution agreement among the government, the World Jewish Restitution Organization, the Luxembourg Jewish Community, and the Luxembourg Foundation for the Remembrance of the Shoah.The U.S. Department of State’s Justice for Uncompensated Survivors Today (JUST) Act Report to Congress, released publicly in July 2020, can be found on the Department’s website:   https://www.state.gov/reports/just-act-report-to-congress/.																																				h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence										The constitution and law prohibited such actions, and there were no reports that the government failed to respect these prohibitions.																																					Section 2.													 Respect for Civil Liberties												    																																																a. Freedom of Expression, Including for Members of the Press and Other Media										The constitution and law provided for freedom of expression, including for members of the press and other media, and the government generally respected this right.  An independent media, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for media members.Freedom of Expression:  The law prohibited hate speech in any medium, including online forums, and provided for prison sentences of between eight days and two years and fines for violations.  Victims of hate speech on the internet as well as third-party observers could access a website to report hateful remarks and seek help and advice.  The Public Prosecutor’s Office and the courts enforced the laws on hate speech.Libel/Slander Laws:  The law prohibited “libel, slander, and defamation” and provided for prison sentences of between eight days and two years and fines for violations.																Internet Freedom						The government did not restrict or disrupt access to the internet or censor online content.																										b. Freedoms of Peaceful Assembly and Association										The constitution and law provided for the freedoms of peaceful assembly and association, and the government generally respected these rights.																																				c. Freedom of Religion										See the Department of State’s International Religious Freedom Report at  https://www.state.gov/religiousfreedomreport/.																																				d. Freedom of Movement and the Right to Leave the Country										The constitution and law provided for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.																																				e. Protection of Refugees										The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, or asylum seekers, as well as other persons of concern.Access to Asylum:  The law provided for the granting of asylum or refugee status, and the government had established a system for providing protection to refugees.Durable Solutions:  Through the EU, the country accepted refugees for resettlement, offered naturalization to refugees residing in the country, and assisted refugees in voluntary return to their homelands.Temporary Protection:  According to UNHCR, 6,065 refugees from Ukraine applied to the government for temporary protection as of August.																																					Section 3.													 Freedom to Participate in the Political Process												    																						The law provided citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.																										Elections and Political Participation										Abuses or Irregularities in Recent Elections:  National elections held on October 8 were widely reported to be fair and free of abuses and irregularities.																																					Section 4.													 Corruption in Government												    																						The law provided criminal penalties for corruption by officials, and the government generally implemented the laws effectively.  There were no reports of government corruption.																											Section 5.													 Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights												    																						A number of domestic and international human rights groups generally operated without government restriction to monitor or investigate human rights conditions or cases and publish their findings.  Government officials were often cooperative and responsive to the views of these groups.Government Human Rights Bodies:  The independent, government-wide Ombudsperson (which was different from the Ombudsperson Committee for the Rights of Children) handled human rights complaints against government institutions and mediated between citizens and the public sector.  It could not receive complaints against the private sector, although many assistance institutions were private or were run by not-for-profit organizations that received government support.  The Center for Equal Treatment was able to take complaints against the private sector but could not elevate those complaints to the courts on behalf of the individual in question.The Inter-ministerial Committee on Human Rights sought to improve inter-ministerial cooperation and coordination on human rights matters and to strengthen the country’s internal and external human rights policies.  It monitored the implementation of the country’s human rights obligations in consultation with national human rights institutions and civil society.																											Section 6.													 Discrimination and Societal Abuses												    																																																Women										Rape and Domestic Violence:  The law prohibited rape of any kind and the government enforced the law effectively.  Penalties ranged from five to 10 years of imprisonment.  The law prohibited domestic violence, and the government effectively enforced the law.  The law was gender-neutral and provided for the removal of abusers from their residences for a 14-day period that could be extended once for an additional three months upon request of the survivor.  Penalties included fines and imprisonment.  Police were required to investigate if NGOs reported having been approached by an individual for assistance in cases involving domestic violence.The government funded organizations that provided shelter, counseling, psychosocial assistance, and hotlines.  The government provided financial assistance to victims of domestic violence.The Ministry of Equality between Women and Men operated a prevention website to raise awareness of the different types of gender-based violence, including psychological, sexual, and domestic violence, and provided survivors with telephone numbers for assistance services as well as police contact information.Discrimination:  The law provided the same legal status and rights for women as for men, and those laws were generally respected.  The law mandated equal pay for equal work.  According to information provided by the Ministry of Equality between Women and Men, during the year employers paid women 5.5 percent less on average than men for comparable work.Reproductive Rights:  There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.  The government provided access to sexual and reproductive health services for survivors of sexual violence.  Emergency contraception and postexposure prophylaxis were available as part of the clinical management of rape.  Emergency contraception pills were available without prescription in pharmacies, but other types of emergency contraception required a prescription.																																				Systemic Racial or Ethnic Violence and Discrimination										The law provided for equal treatment and prohibited any form of discrimination, direct or indirect, based on religion, disability, age, sexual orientation, race, or ethnicity.  The scope of the law covered places of work, school, and the public sphere.																																				Children										Child Abuse:  The law prohibited child abuse.  Authorities enforced the law.  Penalties for child abuse ranged from one to five years of imprisonment and fines.  Three separate hotlines were available to assist children who were victims of domestic abuse.Child, Early, and Forced Marriage:  The minimum legal age for marriage was 18 but could be waived by a guardianship judge.  The government enforced the law effectively.Sexual Exploitation of Children:  The law prohibited the commercial sexual exploitation of children, the sale of children, the offering or procuring of a child for commercial sexual exploitation, and practices related to child pornography.  Authorities enforced the law, and cases were rare.  Penalties for trafficking, including sex trafficking, of children ranged from 10 to 15 years of imprisonment and fines.  The law provided that a client that committed a commercial sex act with a child could be sentenced to one to five years of imprisonment, five to 10 years if the child was younger than age 16, and 10 to 15 years if the child was younger than age 11, plus fines.The minimum legal age for consensual sex was 16.																																				Antisemitism										The Jewish community numbered approximately 1,500 persons.  There were isolated cases of antisemitic content on the internet.The law provided for punishment of antisemitic statements and Holocaust denial; the government generally enforced the law.  Jewish groups reported antisemitic statements and attitudes online, especially in association with statements related to the government of Israel and the Holocaust.On May 27, the NGO Research and Information on Anti-Semitism in Luxembourg published its report for 2022.  The report described 76 incidents of antisemitism in the country; most incidents occurred on social media.  Persons spreading disinformation related to Russia’s further invasion of Ukraine also promoted conspiracy theories regarding antisemitism.  The report emphasized social media posts often revolved around Judeo/Masonic conspiracy theories.																																				Trafficking in Persons										See the Department of State’s Trafficking in Persons Report at  https://www.state.gov/trafficking-in-persons-report/.																																				Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics										Criminalization:  Consensual same-sex sexual conduct between adults, cross dressing, or other sexual or gender characteristic-related behaviors were not criminalized.Violence and Harassment:  The Grand Ducal Police or other government employees were not known to have incited, perpetrated, condoned, or tolerated violence against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) individuals or those reporting such abuses.  The government implemented a National Action Plan to combat violence against LGBTQI+ individuals.Discrimination:  The law prohibited discrimination by state and nonstate actors based on sexual orientation, gender identity or expression, or sex characteristics.An Organization for Economic Co-operation and Development report from 2020 concluded that since 2015, same-sex couples in the country were treated equally to heterosexual couples concerning access to civil marriage and adoption; however, they were not fully entitled to the same rights regarding access to assisted reproductive technology.  Unlike the male partner of a woman who had a child or children through medically assisted insemination or in vitro fertilization, a same-sex partner of a parent who gave birth through these techniques was not automatically recognized as the second legal parent.The president of Rosa Letzebuerg, a local pro-LGBTQI+ association, noted that men who had sex with men were not prohibited from giving blood but were required to abstain from sexual activity for 12 months before being eligible to donate.Availability of Legal Gender Recognition:  Legal gender recognition was possible via self-determination and was not conditioned on medical procedures.  Under the law, failure of a transgender person to undergo sterilization, sex reassignment treatment or surgery, or a psychiatric diagnosis could not be used to justify refusal to change their gender marker in the civil registry.Involuntary or Coercive Medical or Psychological Practices:  So-called conversion therapy practices specifically targeting LGBTQI+ individuals were not banned.  There were no reports of forced or involuntary so-called conversion therapy practiced on adults or children to try to change a person’s sexual orientation or gender identity or expression.  There were no reports medically unnecessary and irreversible “normalization” surgeries were performed on nonconsenting intersex adults or children.Restrictions of Freedom of Expression, Association, or Peaceful Assembly:  There were no laws or other restrictions on individuals speaking or media reporting on LGBTQI+ matters, on the ability of LGBTQI+ individuals to assemble in public or private or to form associations, or on the ability of LGBTQI+ organizations to legally register or convene events.																																				Persons with Disabilities										The law prohibited discrimination against persons with physical, sensory, intellectual, or mental disabilities.  The government largely enforced these provisions.  The law required all new government-owned buildings and buildings undergoing renovation to be accessible to persons with disabilities.  The accessibility of public transportation outside the capital was limited.  The law recognized German sign language, and it allowed for deaf and hard-of-hearing persons to use both the language and a state-paid interpreter in their communications with government.On July 1, a law on accessibility to all public areas, public roads, and collective residential buildings came into force.  Its objective was to improve services in designated public spaces.  New construction had to comply with the requirements of the new law, while pre-existing property had to comply with it by 2032.  Noncompliance was criminally sanctionable.  Pre-existing collective residential buildings and cultural and historical heritage sites were not subject to the new law.The education system allowed children with disabilities to attend local schools with their peers without disabilities.  Parents could decide to place their children in segregated classes.  According to InfoHandicap, a nongovernmental association, most children with disabilities attended segregated classes due to the lack of trained teachers to respond to their needs in mainstream schools.  A representative of InfoHandicap further noted that attending school in a segregated classroom affected a child’s chances of employment or pursuing higher education because segregated classes did not issue diplomas.The law permitted persons with mental disabilities to be placed under legal guardianship.  Persons under guardianship lost the right to vote.Employers occasionally discriminated against persons with disabilities in employment.  The law established quotas that required businesses employing more than 25 persons to hire certain percentages of workers with disabilities and to pay them prevailing wages.																																					Section 7.													 Worker Rights												    																																																a. Freedom of Association and the Right to Collective Bargaining										The law provided for the rights of workers, including foreign workers and workers in the informal sector, to form and join independent unions of their choice, to bargain collectively, and to conduct legal strikes.  The law allowed unions to conduct their activities without interference.  Workers exercised these rights freely, and the government protected these rights.  The law prohibited antiunion discrimination and required reinstatement of workers fired for union activity.  Penalties for violations were commensurate with or less than those under other laws involving denials of civil rights.  Penalties were regularly applied against violators.The right to strike excluded government workers who provided essential services.  Legal strikes could occur only after the conclusion of a lengthy conciliation procedure between the parties.  For a strike to be legal, the government’s national conciliation office had to certify that conciliation efforts had ended.																																				b. Prohibition of Forced or Compulsory Labor										See the Department of State’s Trafficking in Persons Report at  https://www.state.gov/trafficking-in-persons-report/.																																				c. Prohibition of Child Labor and Minimum Age for Employment										The law prohibited all of the worst forms of child labor and the employment of children younger than age 16.  Trainees younger than 16 had to attend school in addition to their job training.  The law also prohibited the employment of workers younger than age 18 in hazardous work environments, on Sundays and official holidays, and for nighttime work.  The Ministries of Labor and Education effectively enforced the child labor laws.By law persons who employed children younger than 16 could be subject to a fine and prison sentence.  The government effectively enforced the applicable laws and penalties were commensurate with those for analogous serious crimes.  Penalties were regularly applied against violators.There were no confirmed reports during the year of the worst forms of child labor.																																				d. Discrimination (see section 6)																																														e. Acceptable Conditions of Work										Wage and Hour Laws:  The law set a national minimum wage for workers older than age 18.  Collective bargaining agreements established eight hours as a standard workday, with a 40-hour week and provision for overtime and 26 days of leave.The Court of Inspection of Labor and Mines’ (ITM) inspectors had the authority to make unannounced inspections and initiate sanctions.  Most alleged violations occurred in the construction sector.Occupational Safety and Health:  The law mandated a safe working environment and occupational safety and health (OSH) standards were current and appropriate.The ITM and the accident insurance agency of the Social Security Ministry were responsible for inspecting workplaces.  Inspectors had the authority to make unannounced inspections, except in private homes, and to order emergency measures for the regularization or cessation of labor law violations.  They could seek assistance from the police if they met opposition to the fulfillment of their duties.  Inspectors could issue fines and establish reports documenting the infringements of the laws, which were forwarded by the director to the prosecutor’s office for further action if needed.  Workers had the right to ask the Labor Inspectorate to make a determination regarding workplace safety.  Penalties for violations were commensurate with other similar crimes.  Accidents occurred most frequently in the construction, commerce, industry, and catering sectors.  Workers were able to remove themselves from situations that endangered their health or safety without jeopardy to their employment.Wage, Hour, and OSH Enforcement:  Authorities effectively enforced minimum wage, overtime, and OSH laws.  Penalties were commensurate with those for similar crimes, such as fraud or negligence.  Penalties were regularly applied against violators.The Ministry of Justice reported the ITM increased its staff and began carrying out more inspections in the workplace.The ITM, the Social Security Ministry, and the Superior Court of Justice were responsible for enforcing laws governing maximum hours of work and mandatory holidays.  The agencies effectively enforced the law.  Penalties for violations were commensurate with those for other similar crimes.Workers in the informal sector were covered by wage, hour, and OSH laws as well as inspections.  The country’s informal sector was not large.																																				    							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Respect for the Integrity of the Person																																							a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings																																																						b. Disappearance																																																						c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses																																																				Prison and Detention Center Conditions																																																																																				d. Arbitrary Arrest or Detention																																																				Arrest Procedures and Treatment of Detainees																																																																																				e. Denial of Fair Public Trial																																																				Trial Procedures																																												Political Prisoners and Detainees																																																																																				f. Transnational Repression																																																						g. Property Seizure and Restitution																																																						h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence																																																			Section 2. Respect for Civil Liberties																																							a. Freedom of Expression, Including for Members of the Press and Other Media																																																				Internet Freedom																																																																																				b. Freedoms of Peaceful Assembly and Association																																																						c. Freedom of Religion																																																						d. Freedom of Movement and the Right to Leave the Country																																																						e. Protection of Refugees																																																			Section 3. Freedom to Participate in the Political Process																																							Elections and Political Participation																																																			Section 4. Corruption in Government																Section 5. Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights																Section 6. Discrimination and Societal Abuses																																							Women																																																						Systemic Racial or Ethnic Violence and Discrimination																																																						Children																																																						Antisemitism																																																						Trafficking in Persons																																																						Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics																																																						Persons with Disabilities																																																			Section 7. Worker Rights																																							a. Freedom of Association and the Right to Collective Bargaining																																																						b. Prohibition of Forced or Compulsory Labor																																																						c. Prohibition of Child Labor and Minimum Age for Employment																																																						d. Discrimination (see section 6)																																																						e. Acceptable Conditions of Work																																																									Tags																					Bureau of Democracy, Human Rights, and Labor																								Bureau of European and Eurasian Affairs																								Luxembourg
- Governments Advance Restitution of Assets Seized During the Holocaust Office of the SpokespersonThe U.S Department of State and the World Jewish Restitution Organization (WJRO) hosted a meeting today of Holocaust issues envoys and their representatives to advance restitution and compensation for property looted during the Holocaust.  Special Envoy for Holocaust Issues Ellen Germain and Special Advisor to the Secretary of State on Holocaust Issues Stuart Eizenstat represented the United States at the meeting.  As this year is the 25th anniversary of the Washington Conference Principles on Nazi-Confiscated Art, governments and experts discussed means of reinforcing the principles and underscoring the urgency of resolving remaining property claims, whether held in public or private collections.Participants heard from Luxembourg about implementation of its historic 2021 agreement on outstanding Holocaust-era property restitution issues.  Luxembourg’s agreement can serve as a model for other governments.Envoys will continue to meet regularly to help resolve remaining restitution issues.For more information on remaining restitution issues, see https://www.state.gov/reports/just-act-report-to-congress/.
- Special Envoy Abby Finkenauer’s Travel to La Crosse, Wisconsin Office of the SpokespersonU.S. Department of State Special Envoy for Global Youth Issues Abby Finkenauer will travel to La Crosse, Wisconsin, September 7 to 8 to meet with exchange participants from Luxembourg along with local high school and college students. She will discuss careers in diplomacy and public service and the importance of youth participation in government and civil society.The Special Envoy’s trip is focused on communicating the work of the State Department to young people in the United States and highlighting the importance of cross-cultural exchanges and strengthening global ties. For more information on the trip, follow along on Instagram , X , and Facebook .
- Luxembourg HomeReportsBureau of Economic and Business Affairs2023 Investment Climate Statements&#8230;Luxembourg				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2023 Investment Climate Statements: Luxembourg																																																																																												 In this section										/																							EXECUTIVE SUMMARY																																													EXECUTIVE SUMMARY																															1. Openness To, and Restrictions Upon, Foreign Investment																																																									Policies Towards Foreign Direct Investment																																																																											Limits on Foreign Control and Right to Private Ownership and Establishment																																																																											Other Investment Policy Reviews																																																																											Business Facilitation																																																																											Outward Investment																																																																																	2. Bilateral Investment and Taxation Treaties																															3. Legal Regime																																																									Transparency of the Regulatory System																																																																											International Regulatory Considerations																																																																											Legal System and Judicial Independence																																																																											Laws and Regulations on Foreign Direct Investment																																																																											Competition and Antitrust Laws																																																																											Expropriation and Compensation																																																																											Dispute Settlement																																																																			ICSID Convention and New York Convention																																																								Investor-State Dispute Settlement																																																								International Commercial Arbitration and Foreign Courts																																																																																																																		Bankruptcy Regulations																																																																																	4. Industrial Policies																																																									Investment Incentives																																																																											Foreign Trade Zones/Free Ports/Trade Facilitation																																																																											Performance and Data Localization Requirements																																																																																	5. Protection of Property Rights																																																									Real Property																																																																											Intellectual Property Rights																																																																																	6. Financial Sector																																																									Capital Markets and Portfolio Investment																																																																											Money and Banking System																																																																											Foreign Exchange and Remittances																																																																			Foreign Exchange																																																								Remittance Policies																																																																																																																		Sovereign Wealth Funds																																																																																	7. State-Owned Enterprises																																																									Privatization Program																																																																																	8. Responsible Business Conduct																																																									Additional Resources																																																																											Climate Issues																																																																																	9. Corruption																															10. Political and Security Environment																															11. Labor Policies and Practices																															12. U.S. International Development Finance Corporation (DFC), and Other Investment Insurance or Development Finance Programs																															13. Foreign Direct Investment Statistics																															14. Contact for More Information																																																					EXECUTIVE SUMMARY				Luxembourg, the only Grand Duchy in the world, is a landlocked country in northwestern Europe surrounded by Belgium, France, and Germany. Despite its small landmass and small population (640,000), Luxembourg is the third-wealthiest country in the world based on Gross Domestic Product (GDP) per capita.Luxembourg’s economy proved resilient during the stresses of the last few years including COVID disruptions and Russia’s ongoing war in Ukraine, with real GDP declining by only 1.3 percent during 2020 due to COVID shutdowns, but rebounding 6.9% in 2021, and 1.6% in 2022. This resilience was supported by a well-performing financial sector able to adjust quickly to remote work, and a financially stable government supported by a triple-A credit rating, and able to fund a large economic stimulus package equivalent to 18.5 percent of GDP.Luxembourg is a major global financial center thanks to the growth of the investment fund sector through the launch and development of cross-border funds in the 1990s, and in more recent years through the growth of alternative asset classes such as private equity and alternative assets. Luxembourg is the world’s second largest investment fund asset domicile, after only the United States, with over $5 trillion of assets in custody at local financial institutions. The dependence on revenues relating to the financial sector for about one-third of GDP however, means that financial market volatility represents a major risk for the economy.Luxembourg is consistently ranked as one of the world’s most open and transparent economies and has no restrictions on foreign ownership. It is also consistently ranked as one of the world’s most competitive and least-corrupt economies.Over the past decade, Luxembourg has adopted major regulatory reforms to counter money-laundering, terrorist-financing, and tax evasion.The Government of Luxembourg actively supports the development of new sectors to diversify the country’s economy, given the dominance of the financial sector. Target sectors include space, logistics, and information technology, including financial technology and biomedicine.Luxembourg has positioned itself as “the gateway to Europe” to establish European company headquarters operations by virtue of its central European location and road, railway, and air connectivity.It has also benefited from Brexit, with over 50 insurers, asset managers and banking institutions re-locating their EU headquarters to Luxembourg or transferring a significant part of their activity to the country.Luxembourg is actively seeking logistics companies to expand the new logistics hub at Luxembourg Airport, home to Cargolux, Europe’s largest all cargo airline.Luxembourg is also seeking ICT companies to use the existing high-security, state-of-the-art datacenters, affording high-speed internet connectivity to major international data hubs.Table 1: Key Metrics and RankingsMeasureYearIndex/RankWebsite AddressTI Corruption Perceptions Index202210 of 180http://www.transparency.org/research/cpi/overview Global Innovation Index202219 of 132https://www.globalinnovationindex.org/analysis-indicator U.S. FDI in partner country ($M USD, historical stock positions)202715,591https://apps.bea.gov/international/factsheet/ World Bank GNI per capita202188,190https://data.worldbank.org/indicator/NY.GNP.PCAP.CD   																																					1. Openness To, and Restrictions Upon, Foreign Investment						    																																																Policies Towards Foreign Direct Investment										Luxembourg offers a public policy framework and political stability that is highly attractive for foreign investors, particularly for U.S. investors, given the focus on growth sectors and the historically strong bilateral relationship between the two countries. The government has increased its outreach toward companies looking to expand in Europe. Luxembourg is in the process of implementing the EU standards for the screening of foreign investment but missed the Fall 2020 implementation deadline.In 2017, Luxembourg’s Deputy Prime Minister and Minister of the Economy and Foreign Trade, Etienne Schneider, unveiled a strategy to promote economic growth focusing on attracting FDI and supporting companies’ moving into other markets. The Luxembourg “Let’s Make It Happen” campaign, developed by the state Trade and Investment Board, focuses on five key objectives:Improving Luxembourg-based companies’ access to international marketsAttracting FDI in a “targeted, service-oriented” wayStrengthening the country’s international “economic-promotion network”Improving Luxembourg’s image as a “smart location” for high-performance business and industryEnsuring the coherence of economic promotion effortsThere are no economic policies that have discriminatory effects on foreign investors, either at a market-access or post-establishment phase of investment. Luxembourg strives to attract and retain foreign investors with its unique model of “easy access to decision makers” and an ability to “act swiftly.”The Trade and Investment Board has taken the lead in investment promotion and includes representatives from the ministries of Economy, Higher Education and Research, Finance, Foreign and European Affairs, and State. Public-private trade associations such as FEDIL (Business Federation of Luxembourg, the main employers’ trade association), the Luxembourg Chamber of Commerce, and the Chamber of Skilled Trades and Crafts, and Luxinnovation, are also represented.The Board works in cooperation with Luxembourg embassies and trade and investment offices worldwide, as well as economic and commercial attachés, honorary consuls, and foreign trade advisers, to attract FDI and retain investors. In 2016, the Ministry of the Economy expanded the role of Luxinnovation to incorporate promotion of Luxembourg abroad and to attract FDI into the country. Luxinnovation is a public private partnership agency that carries out business intelligence to target relevant investors and regions and also provides a soft-landing service for investors as they arrive in Luxembourg. Emerging from COVID-19 restrictions, the government has resumed “road shows” to major overseas economic centers in the United States, Asia, and within Europe to promote itself as a financial and business hub.																																				Limits on Foreign Control and Right to Private Ownership and Establishment										There is a right for foreign and domestic private entities to establish and own business enterprises and engage in all forms of remunerative activity. There are no limits on foreign ownership/control or sector-specific restrictions. The government recommends that each corporate board have at least two independent members, however this is generally not a requirement. Companies must also maintain a local physical presence, including of key employees.General screening of foreign investment exists in line with that of domestic investment. There are no major sectors in Luxembourg in which foreign investors are denied national (domestic) treatment. Luxembourg is in the process of implementing the EU rules for national security screening of investments, however the final law continues to be discussed in Parliament. Once implemented, these rules will replace the current ad-hoc and case by case screening, which lacks transparency.																																				Other Investment Policy Reviews										Luxembourg is included in Trade Policy Reviews (TPRs) of the EU/EC; see the TPR gateway for explanations and background.																																				Business Facilitation										In terms of the United Nations Conference on Trade and Development (UNCTAD) Global Action Menu for Investment Facilitation, Luxembourg’s business facilitation efforts are aligned with most of the recommended action points. Over the past decade, Luxembourg has been furthering accessibility and transparency in investment policies and regulations, as well as procedures relevant to investors. The Government has improved the efficiency of investment administrative procedures, notably in the context of the overall “digitization” movement to offer a multitude of government services electronically. This has led to a reduction by 2-3 months of the time it takes to start a business, which now averages just a few weeks.The Government provides a website in multiple languages, including English, that explains the business registration process:  http://www.guichet.public.lu/en . A new business must register with the Registry of Commerce (Registre du Commerce: http://www.lbr.lu.) Foreign companies can use the site, but it is best to consult with a local lawyer or fiduciary to complete the overall process. It is necessary to engage a notary to submit the company’s by-laws for registration.In 2017, the Government reduced the required minimum capitalization of a new company from 12,500 euro to just 1 euro, to encourage start-up creation. After receiving a certificate from the Registry of Commerce, companies are required by law to register with and pay annual dues to the Luxembourg Chamber of Commerce, as well as the Social Security Administration, the Tax Administration (Administration des Contributions Directes) and the Value-Added-Tax Authority (TVA = taxe à la valeur ajoutée). The company will receive an official registration number reflecting the date of inception of the entity, and this number will be used in all business transactions and correspondence with administrative authorities.The House of Entrepreneurship, opened in 2016 within the Luxembourg Chamber of Commerce, also provides guidance on the entire registration and creation process of a business. This resource receives over 10,000 enquiries per year by entrepreneurs interested in setting up a business in the country. The organization plays a key role during the COVID-19 pandemic, as it serves as a point of contact and information for businesses looking to apply for Government aid.The Ministry of Economy continues to support networks and associations acting in favor of female entrepreneurship. The Law of December 15, 2016 incorporated the principle of equal salaries in the Grand Duchy’s legislation, which makes illegal any difference in the salaries paid to men and women carrying out the same task or work of equal value.																																				Outward Investment										The same government services website listed above,  http://www.guichet.public.lu/en , includes an “International Trade” tab which provides guidance on outward investment by Luxembourgish companies on various topics, including intra-EU trade and services; import, export, and transit; licensing; and transport. The Luxembourg Government promotes outward investment via the Trade and Investment Board, which functions as a promotion entity for both inward and outward investment.The “Let’s make It Happen” initiative, among its many missions, is working to facilitate access to international markets for Luxembourgish companies and to strengthen Luxembourg’s international economic promotion network. Luxembourg does not restrict domestic investors from investing abroad.Luxembourg also has a public export credit agency, the Office du Ducroire to help companies engage in export and outward investment through funding and export insurance.																																												2. Bilateral Investment and Taxation Treaties						    																						The United States and Luxembourg have shared a Friendship, Establishment, and Navigation Treaty since 1963, which assures national treatment and other investor protections. In 2019, the U.S. Senate ratified the amendment to the Convention between the United States and the Grand Duchy for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital. Luxembourg and the United States also have an aviation treaty.In addition to its open trade with other member states of the European Union, and free-trade agreements between the EU and other countries, Luxembourg also signed bilateral agreements with the countries listed at:  https://impotsdirects.public.lu/fr/conventions/luxembourg.html Luxembourg is a member of the Multilateral Investment Guarantee Agency (MIGA).Luxembourg is a member of the OECD Inclusive Framework on Base Erosion and Profit Shifting and is party to the Inclusive Framework’s October 2021 deal on the two-pillar solution to global tax challenges, including a global minimum corporate tax.																																		3. Legal Regime						    																																																Transparency of the Regulatory System										The Government of Luxembourg uses transparent policies and effective laws to foster competition and establish clear, non-discriminatory ground rules. The legal system is welcoming with respect to FDI, and legal, regulatory, and accounting systems are transparent and consistent with international norms. With the exception of the mandatory membership in the Luxembourg Chamber of Commerce, there are no regulatory processes managed by non-governmental organizations or private sector associations. In addition to the Government, the Luxembourg Institute of Regulation, a public agency, proposes regulatory policies.The Luxembourg Government publishes forward looking regulatory plans – a public list of anticipated regulatory changes and proposals intended to be adopted and implemented. These plans are available to the public, as the texts of proposed legislation are published before Parliamentary debate and voting. In addition, plans and proposed legislation is subject to review by the State Council and the Grand Duke.Draft texts are published on a unified website ( www.legilux.lu ) where all proposed regulations are directly distributed to interested stakeholders. In addition, the Government solicits comments on proposed laws and regulations from the public. The comments are received on the same website (www.legilux.lu), through public meetings, and through targeted outreach to stakeholders, such as business associations.Publicly listed companies adhere to the International Financial Reporting Standards (IFRS), and their accounts must be audited accordingly by an officially accredited auditor.The Government does not mandate, but strongly encourages companies to disclose information on their environmental, social and governance (ESG) targets. Luxembourg has also created an ESG label for investment products called LuxFlag and is home to the first and largest ESG bond exchange in the world, the Luxembourg Green Exchange (LGX).The law requires the rulemaking body to solicit comments on proposed regulations. The consultation period is typically three months, and the Government reports the results of the consultation in the form of a consolidated response on the same website. The official journal Mémorial publishes the final text of laws, both online and in print.Proposed legislation also includes a factsheet on the impact on public finances. The Luxembourg Government is transparent with its public finances and debt obligations through the annual budget procedure that requires Parliamentary approval. The Government also discloses new state borrowing.																																				International Regulatory Considerations										Luxembourg is a member of the EU and routinely transposes EU directives and regulations into domestic law. Luxembourg has been a World Trade Organization (WTO) member since 1995 and notifies all draft technical regulations to the WTO Committee on Technical Barriers to Trade (TBT). Luxembourg ratified the Trade Facilitation Agreement on October 5, 2015 and has an implementation rate of 100 percent.																																				Legal System and Judicial Independence										Luxembourg is a  parliamentary   representative democracy  headed by a  constitutional monarch . The Constitution of 1868 provides for a flexible separation of powers between the executive and the parliament, with the judiciary watching over proper application of laws.The Grand Duchy has a written commercial/contractual law. The Magistrates’ courts deal with cases of lesser importance in civil and commercial matters and under the urgent procedure in the field of law enforcement.The  district courts , of which there are three, adjudicate civil and commercial matters for all cases not specifically attributed by law to any other court. The current judicial process is considered procedurally competent, fair, and reliable, albeit notably slow. Regulation and enforcement actions are appealable, and they are adjudicated in the national court system.																																				Laws and Regulations on Foreign Direct Investment										Luxembourg has assimilated the laws of neighboring countries according to the nature of the laws: German tax law, French civil law, and Belgian commercial law (written and consistently applied). The website for doing business is: www.guichet.public.lu, and the new one-stop-shop for setting up a business is the House of Entrepreneurship within the Luxembourg Chamber of Commerce ( www.houseofentrepreneurship.lu  ).																																				Competition and Antitrust Laws										The Competition Inspectorate, a department within the Ministry of the Economy, oversees competition investigations and cases.																																				Expropriation and Compensation										The laws governing expropriation of property are quite complex and deliberative. The Ministry of the Interior, along with the Ministry of Justice, sets forth the specific regulations according to specific circumstances. There have been no known expropriations in the recent past or policy shifts which would indicate such actions soon. There is no evidence the Luxembourg Government discriminates against U.S. investments, companies, or representatives in expropriation. There are no instances of indirect expropriation or governmental action tantamount to expropriation, such as confiscatory tax regimes, that might warrant special investigation.																																				Dispute Settlement																										ICSID Convention and New York Convention						Luxembourg is a member state to the International Center for Settlement of Investment Disputes (ICSID Convention) and is a signatory of the convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York Convention).						Investor-State Dispute Settlement						Investment disputes involving U.S. or other foreign investors in Luxembourg are extremely uncommon. There are no known claims by or disputes with a U.S. person or foreign investors.The Luxembourg Chamber of Commerce and the Mediation Center offer the services of domestic dispute settlement and, on an international level, commercial dispute settlement with the International Chamber of Commerce.Within the WTO, there are no known trade-related dispute settlement cases involving Luxembourg either as a complainant, respondent, or third-party entity.						International Commercial Arbitration and Foreign Courts						The Government accepts international arbitration of investment disputes between foreign investors and the state, and the courts recognize and enforce foreign arbitral awards. International arbitration is accepted as a means for settling investment disputes among private parties, and there is a domestic arbitration body within the host economy, the Centre de Médiation (Mediation Center). Luxembourg is a member state to the International Centre for Settlement of Investment Disputes (ICSID) Convention.As investment disputes are practically non-existent, it is difficult to estimate the duration of a resolution in the local courts.																										Bankruptcy Regulations										Luxembourg has assimilated the laws of neighboring countries according to the nature of the laws: German tax law, French civil law, and Belgian commercial law (written and consistently applied). Judgments of foreign courts are accepted and enforced by the local courts, and Luxembourg does have a written and consistently applied bankruptcy law, which is based on EU-wide legislation. Monetary settlements are usually made in local currency (euro). Bankruptcy is not criminalized. A revised bankruptcy law was adopted in November 2022 streamlining the process of dissolution.																																												4. Industrial Policies						    																																																Investment Incentives										Luxembourg is considered to be a very attractive tax location for conducting business: low effective corporate tax rates of 18 percent (with an adjusted rate of 15 percent for entities with annual taxable income less than 25,000 euro); the lowest VAT (value-added tax) rate in Europe (at 17 percent); and a variety of tax incentives, including investment tax credits, new business tax credit, subsidies for film productions, venture capital investment certificates, small business incentives, regional and national incentives, research and development incentives, and environmental incentives. The investment incentives are provided within the limitations of the EU rules on State aid.The European Court of Justice has been increasingly stringent on individual tax treatment, including a ruling specific to Luxembourg and its tax treatment of Apple, and an ongoing case involving Amazon.U.S. and foreign firms can participate in government/authority-financed and subsidized research and development programs. The Government offers discounts on electricity rates, tax credits as well as subsidies for companies investing into energy efficiency and the reduction of carbon emissions. These investments need to be externally audited to qualify for government aid. The Government also promotes low-carbon transport through the roll-out of charging stations for electric vehicles. The measures regarding energy efficiency have been popular with energy intensive companies, which have benefited from millions of dollars of price advantages over the years on their electricity and gas rates. The de-carbonatization aid measures are a more recent tool whose effects will be seen in the coming years.																																				Foreign Trade Zones/Free Ports/Trade Facilitation										Luxembourg opened a free-trade zone called Le Freeport in 2014, built and integrated into the cargo logistics center at Luxembourg Airport. This zone, modeled after other successful customs warehousing in premier trade regions such as Geneva and Singapore, allows the warehousing and handling of high-value merchandise (art, cars, wines) in a secure location free of fiscal obligations [no Value-Added-Tax (VAT) or import duties to be paid as long as the goods remain on the premises]. Taxation only occurs when the articles leave the zone as imports into the country of consumption (or if a bottle of wine is opened at Le Freeport, for example, it is also subject to taxation).																																				Performance and Data Localization Requirements										Data storage has been enhanced via state-of-the-art data centers, built by the government as part of the long-term ICT infrastructure development plan which includes replacing old transmission lines with fiber-optic cable across the country. The data centers have served to optimize international connectivity to large hubs such as Paris, Amsterdam, and Frankfurt, and have attracted major ICT and e-commerce players such as Amazon and PayPal, which have located their EU headquarters in Luxembourg. The centers are rated at the highest security level for data storage. Enforcement on the respect of data storage rules, such as the EU GDPR, rests with the Luxembourg data protection regulator CNPD.																																												5. Protection of Property Rights						    																																																Real Property										Secured interests in property in Luxembourg are recognized and enforced through intellectual property rights (IPR) and community laws. The legal system that protects and facilitates acquisition and disposition of all property rights, such as land and buildings, is based on a land register, called cadastre in French, where each parcel of property is documented in terms of ownership and duration. There is adherence to key international agreements on iIPR, as well as protection for patents, copyrights, trademarks, and trade secrets.Luxembourg law allows the securitization of many types of assets, risks, revenues, and activities. It makes securitization accessible to all types of investors (institutional or individual), which means that securitization can easily facilitate the financing of a company or the management of personal or family wealth. An extremely wide range of assets can be securitized: securities, loans, subordinated or non-subordinated bonds, risks linked to debt (commercial and other), moveable and immovable property (whether tangible or not).Under Luxembourg law, a securitization vehicle can be constituted either as a company or a fund. Securitization companies can benefit from EU directives and double tax treaties. Securitization organizations that continually issue transferable assets for the public must be approved and supervised by the financial sector supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF).																																				Intellectual Property Rights										Trademarks, designs, patents, and copyrights are the principal forms of intellectual property rights (IPR) available to companies and individuals. Luxembourg has been proactive in developing its IPR standards and participates in all the major IPR treaties and conventions, including theBerne Convention, the Patent Cooperation Treaty (PCT), Paris Convention, Patent Law Treaty (PLT), Madrid Agreement and Protocol.The country is a signatory to the European Patent Convention, created by the European Patent Office (EPO), and a member state of the World Intellectual Property Organization (WIPO).Luxembourg has implemented and enforces the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The regulation stipulating the measures to prohibit the release for free circulation, export, re-export, or entry for the suspension of counterfeit and pirated goods states that the competent authority to receive applications must be a customs authority. In Luxembourg, this is the Litigation and Research Department (Division des Contentieux et Recherches) of the Directorate of Customs and Excise (Direction des Douanes et Accises). Customs officers have the right to seize (but not necessarily destroy) goods. Most cases are related to customs declaration abuses by the owner (importing products above the maximum allowable amount for tax-free treatment within the EU), and not counterfeit goods.The merits of a counterfeit goods case are decided by judicial proceedings in ordinary law courts. A few provisions within the agreement deal with different IPR and allow for the possibility of confiscating, or even destroying, counterfeit goods and the tools or implements used for their production.The Luxembourg customs authorities may impose measures for a period of six months, which may be renewed at the request of the rights holder. The customs office tracks the seizures of counterfeit goods, notably at Luxembourg Airport, but this is a small part of customs work. There are no public statistics on such seizures.The main rules of civil procedure are contained in the Luxembourg Code of Civil Procedure and in the Administration of Justice Act. In the absence of specific rules concerning material and local jurisdiction for certain IPR, ordinary law applies.In an effort to become the prime location for Europe’s knowledge-based and digital economy, Luxembourg implemented a new IPR tax regime in 2008, providing for a very competitive tax rate (starting at 8% and declining to 3%) applicable to a broad range of IPR income generated by taxpayers. However, due to pressure from the EU Commission in Brussels to harmonize global tax practices, Luxembourg has ended this IPR fiscal regime and IPR income is now subject to the standard VAT rate of 17%.In 2018, the Luxembourg Government approved and implemented new IPR legislation consistent with recommendations made by the OECD’s Forum on Harmful Tax Practices, including those set out in the OECD/G20 BEPS Project Action 5 Final Report published in October 2015.IPR assets qualifying for the new regime also benefit from a full exemption from Luxembourg’s net wealth tax. Luxembourg is not included in the USTR&#8217;s 2021 Special 301 Report or 2020 Notorious Markets List.For additional information about national laws and points of contact at local IPR offices, please see WIPO’s country profiles at  http://www.wipo.int/directory/en/ .																																												6. Financial Sector						    																																																Capital Markets and Portfolio Investment										The Luxembourg government encourages foreign portfolio investment through investor-friendly government policy, clear regulation, access to regulatory authorities, and multiple legal structures that can be used for investments. The country has its own stock market, a subset of which was rebranded in 2016 as a “green exchange” (LGX) to promote securities (primarily bonds) reflecting ecologically sound investments. LGX has become the largest ESG and Green Bond market in the world.Luxembourg government policies, which reflect the European Union&#8217;s free movement of capital framework, facilitate the free flow of financial resources. Credit is allocated on market terms, and foreign investors can borrow in the local market, taking advantage of Luxembourg’s sophisticated financial sector. The private sector has access to a variety of credit instruments, including those issued by the National Public Investment Agency (SNCI), and there is an effective regulatory system established to encourage and facilitate portfolio investment.Luxembourg has strict enforcement of anti-money-laundering laws and regulations, an active regulator carrying out investigations and inspections, and regular fines for alleged weakness in bank’s processes and procedures for stopping money-laundering.																																				Money and Banking System										Luxembourg is home to 120 banks, with total assets of EUR 1 trillion and 26 thousand employees, as of the beginning of 2023. Luxembourg&#8217;s banking system has a reputation for conservative risk management and high security. Capital standards were increased following the global financial crisis when emergency measures were taken by the Government of Luxembourg to support BGL BNP Paribas (formerly Banque Generale du Luxembourg and then Fortis) and in Banque Internationale a Luxembourg (BIL, formerly Dexia).Luxembourg has a central bank, Banque CeLuxembourg. Foreign banks can establish operations, subject to the same regulations as Luxembourgish banks.Raiffeisen bank refuses U.S. citizens as clients, due to data sharing requirements associated with the U.S. FATCA law. However, two banks do serve U.S. citizen customers: BIL and the State Bank and Savings Bank (Banque et Caisse d’Epargne de l’Etat).On February 21, 2018, the Luxembourg House of Financial Technology (LHoFT) signed a Memorandum of Understanding (MoU) with the European FinTech platform, B-Hive, based in Brussels, and the Dutch Blockchain Coalition, that will favor collaboration in the field of distributed ledger technology (blockchain).The Ministry of Finance is tracking developments in the formation and use of virtual currencies and has said it will adapt its legislation in accordance with the results of ongoing European and international studies. Luxembourg places virtual currencies under the legal regime of payment companies, with the CSSF having responsibility for oversight.																																				Foreign Exchange and Remittances																										Foreign Exchange						There are no restrictions on converting or transferring funds associated with an investment (including remittances of investment capital, earnings, loan repayments, or lease payments) into a freely usable currency and at a market-clearing rate. Luxembourg was a proponent of the euro currency and adopted it immediately at inception in 1999 as part of the “Eurozone.” The European Central Bank is the authority in charge of the euro. Pre- COVID, Luxembourg has taken steps to move toward a cashless system and the COVID-19 pandemic further accelerated the move towards an increasingly cashless economy.						Remittance Policies						There have not been recent changes to remittance policies with respect to access to foreign exchange for investment remittances. There is no difficulty in obtaining foreign exchange, which has been freely traded since the 1960s, and the Luxembourg stock market trades in forty different currencies.The time required to remit returns such as dividends, return of capital, interest and principal on debt, lease payments, royalties and management fees through normal, legal channels is approximately 24 hours. Investors can remit through a legal parallel market including one utilizing cash and convertible negotiable instruments (such as dollar-denominated host government bonds issued in lieu of immediate payments in dollars). There is no limitation on the inflow or outflow of funds for remittances of profits, debt service, capital, capital gains, returns on intellectual property, or imported inputs.																										Sovereign Wealth Funds										Luxembourg created a sovereign wealth fund in 2014, that is overseen by the Ministry of Finance and is estimated to have about 500 million euros in assets. The sovereign wealth fund only invests outside of Luxembourg and is independently audited, however it does not disclose information on its specific portfolio mix such as the proportion of investments in U.S. assets.																																												7. State-Owned Enterprises						    																						The most prominent state-owned enterprise (SOE) in Luxembourg is POST (formerly P&amp;T, postal and telecommunications), whose sole shareholder is the government of Luxembourg and whose board of directors is composed of civil servants. POST responded to the competition created by new players in the market (Orange, Proximus) by transforming itself from a passive utility company into a commercial enterprise, recruiting from the corporate sector, and improving consumer products and services. POST also publishes an annual report and communicates in a similar manner to a private company.Another sector in which SOEs have historically been active is the energy sector (electric and gas utilities), which is now liberalized as well. Anyone can become a provider or distributor (via networks) of electricity and gas. The former state electricity utility, Cegedel, was absorbed into a private company, Encevo, along with a nearby German utility and the former state gas utility, with an independent board of directors. Creos, the new distribution network for energy, is jointly held by the government and private shareholders.Finally, an important market which appears to have barriers to entry is freight air transport, due to the dominance of the majority state-owned Cargolux. The company competes internationally and is the largest consumer of U.S. exports to Luxembourg in terms of value, owing to their all-Boeing fleet of 30 747-freighter aircraft (including 14 of the new-generation 747-8F, of which Cargolux was a launch customer). A Chinese state-owned aviation and investment group owns 35% of Cargolux, and the company has aggressively expanded in China.SOEs compete in domestic markets in accordance with commercial considerations, and private enterprises can compete with public enterprises in Luxembourg under the same terms and conditions. All markets are now open or have been liberalized via EU directives to encourage market competition over monopolistic practices. There is a national regulator (National Institute of Regulation), which sets standards for economic sectors, mostly derived from EU directives transposed into local law. While markets continue to open, the government has maintained a large stakes in critical sectors such as energy, as a national security measure.Luxembourg is an OECD member with established practices consistent with OECD guidelines concerning SOEs. There is no centralized ownership entity that exercises oversight of the SOEs.In general, if the government has a share of an enterprise, they will receive seats on the board of directors in proportion to their share, with no formal management reporting directly to a line minister.Court processes are transparent and non-discriminatory.																										Privatization Program										Foreign investors can participate equally in any privatization programs, with a transparent bidding and no barriers against foreign investors. There are no laws or regulations requiring private firms to adopt articles of incorporation or association, which limit or prohibit foreign investment, participation, or control. There are no other practices by private firms to force local ownership or restrict foreign investment, participation in, or control of domestic enterprises. There has been no evidence to suggest that potential conflicts of interest exist. Government officials sitting on boards of directors do not appear to have impacted freedom of investment in the private sector.																																												8. Responsible Business Conduct						    																						There is a heightened awareness of responsible business conduct in Luxembourg, whether it is in the corporate sector or among the consuming public. In financial matters, a desire to avoid inclusion on the OECD’s tax haven grey list has driven a push for greater transparency. While Luxembourg has traditionally placed high importance on ecological matters, including stringent trash sorting and mandatory recycling procedures, the global discussion on climate change including the Paris Agreement on Climate Change (COP 21) and pressure from the EU in terms of concrete goals and directives, has made green finance a high priority.In 2016, Luxembourg Stock Exchange (LuxSE) created the Luxembourg Green Exchange (LGX), the world’s first stock exchange to deal with securities related to climate change. It has issued roughly $900 billion in sustainable bonds as of early 2023.There have been no major instances of corporate impact on human rights in Luxembourg. There are independent NGOs, worker organizations/unions, and business trade associations promoting and monitoring responsible business conduct. These organizations can do their work freely and often are directly integrated into the review, oversight, and supervisory process.There are no systemic labor or human rights concerns relating to responsible business conduct, with the government encouraging companies to respect human rights and arguing for a duty-of-care principle at the international level. In June 2018, the government adopted the country&#8217;s first National Action Plan to Implement the UN Guiding Principles on Business and Human Rights, an initiative welcomed by civil society actors. In Luxembourg, there have been a few cases of labor exploitation and labor trafficking, mostly in the catering and construction sectors. Given the high bar of evidence for trafficking crimes and the fact that many victims travel to Luxembourg by their own means, perpetrators were often sentenced for the employment or exploitation of illegal workers, and benefited from a suspended sentence if first-time offenders.Luxembourg signed the Montreux Document on Private Military and Security Companies in 2013.																										Additional Resources										Department of StateCountry Reports on Human Rights Practices ( https://www.state.gov/reports-bureau-of-democracy-human-rights-and-labor/country-reports-on-human-rights-practices/)Trafficking in Persons Report ( https://www.state.gov/trafficking-in-persons-report/)Guidance on Implementing the &#8220;UN Guiding Principles&#8221; for Transactions Linked to Foreign Government End-Users for Products or Services with Surveillance Capabilities ( https://www.state.gov/key-topics-bureau-of-democracy-human-rights-and-labor/due-diligence-guidance/)U.S. National Contact Point for the OECD Guidelines for Multinational Enterprises ( https://www.state.gov/u-s-national-contact-point-for-the-oecd-guidelines-for-multinational-enterprises/)Xinjiang Supply Chain Business Advisory ( https://www.state.gov/xinjiang-supply-chain-business-advisory/)Department of the TreasuryOFAC Recent Actions ( https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions )Department of LaborFindings on the Worst Forms of Child Labor Report ( https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  )List of Goods Produced by Child Labor or Forced Labor ( https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods )Sweat &amp; Toil: Child Labor, Forced Labor, and Human Trafficking Around the World ( https://www.dol.gov/general/apps/ilab )Comply Chain ( https://www.dol.gov/ilab/complychain/ )																																				Climate Issues										Luxembourg has committed to the EU target of 55 percent Greenhouse Gas (GHG) Emissions reductions by 2030 and net-zero emission by 2050, and has also set itself a national target of 25 percent renewable energy and 35-40 percent energy efficiency improvement by 2030. The government also established in 2021 specific sectoral targets to contribute to the overall objective for five specific sectors: transport, industry, agriculture, buildings, and waste disposal. Luxembourg has both implemented EU directives concerning emissions reduction, and set new energy policies to promote clean energies and energy conservation.The government offers subsidies for zero-emissions vehicles, hybrid plug-in electric vehicles (PHEV) owned by private customers, and zero emission (100 percent electric) vehicles owned by companies. The government also adopted measures to make public transportation free. In the context of the COVID-19 stimulus package, the Government increased these support measures in 2020 and introduced new incentives for low energy buildings.Companies must adhere to strict pollution standards and provide biodiversity offsets when requesting planning and operation permits for industrial facilities. Public procurement rules also take into account environmental and green growth considerations at national and local levels.																																												9. Corruption						    																						Regulations are enforced by the Financial Sector Surveillance Commission (CSSF, which is equivalent to the U.S. Securities and Exchange Commission). U.S. firms have not identified corruption as an obstacle to FDI in Luxembourg. There are no known areas or sectors where corruption is pervasive, whether in Government procurement, transfers, performance requirements, dispute settlement, regulatory system, or taxation.Giving or accepting a bribe, including between a local company and a public official, is a criminal act subject to the penal code. Senior Government officials take anti-corruption efforts seriously. International, regional, or local nongovernmental watchdog organizations do not operate in the country, given the low risk.Luxembourg has laws, regulations, and penalties to combat corruption, and they are enforced impartially with no disproportionate attention to foreign investors or any other group. The country ranks very favorably on the World Bank’s corruption index.Luxembourg prioritizes anti-money laundering and suppression of terrorism financing to protect its status as a leading world financial center. The government has taken the lead in freezing bank accounts suspected to be connected to terrorist networks, and since 2004 extended the law against money-laundering and terrorist financing to additional professional groups (including auditors, accountants, attorneys, and notaries).On February 14, 2018, a new law implementing a substantial part of the fourth anti-money laundering (AML) directive was published in the Official Journal of Luxembourg. The law entered into force on February 18, 2018. Local police, responsible for combating corruption, also work closely with neighboring countries’ law enforcement officials, as well as with Interpol and Europol.UN Anticorruption Convention, OECD Convention on Combatting Bribery Luxembourg signed and ratified the UN Anticorruption Convention (signed December 2003 and ratified in November 2007).Luxembourg is a party to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business TransactionsResources to Report CorruptionThe contacts at government agency or agencies are responsible for combating corruption are:Director of Criminal and Judicial AffairsMinistry of Justice13 rue ErasmeL-1468 LuxembourgTelephone: +352 247 84537info@mj.etat.luContact at “watchdog” organizationD. GoedertSection ChiefFinancial Sector Surveillance Commission (CSSF)283, route d’Arlon L-1150 Luxembourg+352 26 251 2217compta@cssf.lu /  audit@cssf.lu 																																		10. Political and Security Environment						    																						Luxembourg has consistently ranked among the most politically stable and safest countries in the world. There have been no recent serious incidents involving politically motivated damage to projects or installations. The few demonstrations that do occur in Luxembourg are generally not aimed at the Grand Duchy, but rather at the EU offices located within Luxembourg such as the European Court of Justice and periodic European ministerial meetings. There are no known nascent insurrections, belligerent neighbors, or other politically motivated activities.																																		11. Labor Policies and Practices						    																						Luxembourg boasts a very stable, diverse, multilingual, and qualified labor market, benefiting from the approximately 200,000 industrial and service employees (known as “cross-border” workers) who come to work in Luxembourg on a daily basis from neighboring Belgium, France, and Germany. Foreign (non-Luxembourger) workers are treated by Luxembourg the same as nationals. Work permit constraints have been somewhat relaxed for non-EU applicants (including Americans), particularly for qualified persons for skilled positions. Foreign investors often cite Luxembourg’s labor relations as a primary reason for locating in the Grand Duchy.Most industrial workers are organized by unions, linked to one of the major political parties. Luxembourg is proud of the system of representatives of business, unions, and Government participating in a tripartite process in the conduct of major labor negotiations, which serves to avoid strikes, common in neighboring France and Germany.Luxembourg has a strong trade relationship with the United States. Every employee working in Luxembourg, whether a resident, European, or a third-country national, is subject to the provisions of labor law. Most active laws and regulations regarding work and employment in Luxembourg are incorporated in the Labor Code. The Inspectorate of Labor and Mines has responsibility for working conditions and protection of workers.Collective bargaining agreements are common in the public and private sectors. The country has a labor dispute resolution mechanism in place called office de la conciliation (conciliation office).																																		12. U.S. International Development Finance Corporation (DFC), and Other Investment Insurance or Development Finance Programs						    																						The DFC does not operate in Luxembourg.																																		13. Foreign Direct Investment Statistics						    																						Table 2: Key Macroeconomic Data, U.S. FDI in Host Country/EconomyHost Country Statistical source*USG or international statistical sourceUSG or International Source of Data:  BEA; IMF; Eurostat; UNCTAD, OtherEconomic DataYearAmountYearAmountHost Country Gross Domestic Product (GDP) ($M USD)2021 83,410202185,510www.worldbank.org/en/country Foreign Direct InvestmentHost Country Statistical source*USG or international statistical sourceUSG or international Source of data:  BEA; IMF; Eurostat; UNCTAD, OtherU.S. FDI in partner country ($M USD, stock positions)2021860,5702021715,591BEA data available at https://apps.bea.gov/international/factsheet/Host country’s FDI in the United States ($M USD, stock positions)2021635,1322021382,914BEA data available athttps://www.bea.gov/international/direct-investment-and-multinational-enterprises-comprehensive-dataTotal inbound stock of FDI as % host GDP20211,216%20211186%UNCTAD data available athttps://unctad.org/topic/investment/world-investment-report   * Source for Host Country Data: Luxembourg Statistics office STATEC (www.statec.lu)Table 3: Sources and Destination of FDIDirect Investment from/in Counterpart Economy DataFrom Top Five Sources/To Top Five Destinations (US Dollars, Millions)Inward Direct InvestmentOutward Direct InvestmentTotal Inward3,326,821100%Total Outward4,391,782100%United States913,86927%United Kingdom790,19318%United Kingdom443,05013%The Netherlands679,12215%The Netherlands272,2068%United States590,56713%Ireland229,7167%Switzerland370,5968%Jersey151,6535%Ireland299,5127%&#8220;0&#8221; reflects amounts rounded to +/- USD 500,000.																																		14. Contact for More Information						    																						Political and Economics SectionU.S. Embassy Luxembourg22 Boulevard Emmanuel ServaisL-2535 Luxembourg, LUXEMBOURG+352-46-01-23-53luxembourgpolecon@state.gov 																										    							View report by:																				Albania											Algeria											Andorra											Angola											Antigua and Barbuda											Argentina											Armenia											Australia											Austria											The Bahamas											Azerbaijan											Bahrain											Bangladesh											Barbados											Belarus											Belgium											Belize											Benin											Bolivia											Bosnia and Herzegovina											Botswana											Brazil											Brunei											Bulgaria											Burkina Faso											Burma											Burundi											Cabo Verde											Cambodia											Cameroon											Canada											Chile											China											Colombia											Costa Rica											Côte d’Ivoire											Croatia											Cyprus											Czechia											Democratic Republic of the Congo											Denmark											Djibouti											Dominica											Dominican Republic											Ecuador											Egypt											El Salvador											Equatorial Guinea											Eritrea											Estonia											Eswatini											Ethiopia											Fiji											Finland											France and Monaco											The Gambia											Gabon											Georgia											Germany											Ghana											Greece											Grenada											Guatemala											Guinea											Guyana											Haiti											Honduras											Hong Kong											Hungary											Iceland											India											Indonesia											Iraq											Ireland											Israel											Italy											Jamaica											Japan											Jordan											Kazakhstan											Kenya											Kosovo											Kyrgyz Republic											Laos											Latvia											Lebanon											Lesotho											Liberia											Libya											Lithuania											Luxembourg											Macau											Madagascar											Malawi											Malaysia											Maldives											Mali											Malta											Marshall Islands											Mauritania											Mauritius											Mexico											Micronesia											Moldova											Mongolia											Montenegro											Morocco											Mozambique											Namibia											Nepal											Netherlands											New Zealand											Nicaragua											Niger											Nigeria											North Macedonia											Norway											Oman											Pakistan											Palau											Panama											Papua New Guinea											Paraguay											Philippines											Peru											Poland											Portugal											Qatar											Republic of the Congo											Romania											Rwanda											Saint Kitts and Nevis											Saint Lucia											Saint Vincent and the Grenadines											Samoa											Sao Tome and Principe											Saudi Arabia											Senegal											Serbia											Seychelles											Sierra Leone											Singapore											Slovakia											Slovenia											Somalia											South Africa											South Korea											South Sudan											Spain											Sri Lanka											Suriname											Sweden											Switzerland											Taiwan											Tajikistan											Tanzania											Thailand											Timor-Leste											Togo											Trinidad and Tobago											Tunisia											Türkiye											United Arab Emirates											Uganda											Ukraine											United Kingdom											Uruguay											Uzbekistan											Vietnam											West Bank and Gaza											Zambia											Zimbabwe															Build A Custom Report																						On This Page				search													>																										EXECUTIVE SUMMARY																1. Openness To, and Restrictions Upon, Foreign Investment																																							Policies Towards Foreign Direct Investment																																																						Limits on Foreign Control and Right to Private Ownership and Establishment																																																						Other Investment Policy Reviews																																																						Business Facilitation																																																						Outward Investment																																																			2. Bilateral Investment and Taxation Treaties																3. Legal Regime																																							Transparency of the Regulatory System																																																						International Regulatory Considerations																																																						Legal System and Judicial Independence																																																						Laws and Regulations on Foreign Direct Investment																																																						Competition and Antitrust Laws																																																						Expropriation and Compensation																																																						Dispute Settlement																																																				ICSID Convention and New York Convention																																												Investor-State Dispute Settlement																																												International Commercial Arbitration and Foreign Courts																																																																																				Bankruptcy Regulations																																																			4. Industrial Policies																																							Investment Incentives																																																						Foreign Trade Zones/Free Ports/Trade Facilitation																																																						Performance and Data Localization Requirements																																																			5. Protection of Property Rights																																							Real Property																																																						Intellectual Property Rights																																																			6. Financial Sector																																							Capital Markets and Portfolio Investment																																																						Money and Banking System																																																						Foreign Exchange and Remittances																																																				Foreign Exchange																																												Remittance Policies																																																																																				Sovereign Wealth Funds																																																			7. State-Owned Enterprises																																							Privatization Program																																																			8. Responsible Business Conduct																																							Additional Resources																																																						Climate Issues																																																			9. Corruption																10. Political and Security Environment																11. Labor Policies and Practices																12. U.S. International Development Finance Corporation (DFC), and Other Investment Insurance or Development Finance Programs																13. Foreign Direct Investment Statistics																14. Contact for More Information																						Tags																					Bureau of Economic and Business Affairs																								Bureau of European and Eurasian Affairs																								Luxembourg
- Luxembourg National Day Antony J. Blinken, Secretary of StateCongratulations to the people of Luxembourg on the occasion of the Grand Duke’s official birthday. On behalf of the Government of the United States of America, I am honored to recognize our strong partnership and the close friendship between our peoples.This year marks the 120th anniversary of diplomatic relations between the United States and Luxembourg. Our enduring bond was forged on the battle fields of World War I and World War II, the foundation of our commitment to advancing global freedom and prosperity today.As founding members of NATO, the United States and Luxembourg strengthen transatlantic security, support rules-based international order, and protect freedom in the face of global threats. As members of the United Nations Human Rights Council, we stand together for human rights and dignity for all people around the world. Together, we continue to hold Russia accountable for its unprovoked and unjustified war against Ukraine and we continue to support the people of Ukraine.The people of the United States and Luxembourg will also continue to work together to combat pressing global challenges, including climate change, and the peaceful exploration and use of outer space.Today I join you in celebrating Luxembourg National Day and send my best wishes for the health and prosperity of all Luxembourgish people.
- Luxembourg HomeReportsOffice to Monitor and Combat Trafficking in Persons2023 Trafficking in Persons Report&#8230;Luxembourg				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2023 Trafficking in Persons Report: Luxembourg																																					Office to Monitor and Combat Trafficking in Persons																																																																																																				 In this section										/																							LUXEMBOURG (Tier 1)																																													LUXEMBOURG (Tier 1)																															PRIORITIZED RECOMMENDATIONS:																																																																																		PROSECUTION																																																																																		PROTECTION																																																																																		PREVENTION																																																																																		TRAFFICKING PROFILE:																																																																																																								LUXEMBOURG (Tier 1)				The Government of Luxembourg fully meets the minimum standards for the elimination of trafficking. The government continued to demonstrate serious and sustained efforts during the reporting period, considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity; therefore Luxembourg remained on Tier 1. These efforts included investigating, prosecuting, and convicting more traffickers and identifying significantly more trafficking victims. The government also increased funding for awareness-raising activities. Although the government meets the minimum standards, the government decreased overall funding to NGOs for victim assistance and shelter for the third consecutive year. In addition, judges continued to issue lenient sentences to convicted traffickers, creating potential safety concerns for trafficking victims, weakening deterrence, and undercutting nationwide efforts to fight trafficking.																																					PRIORITIZED RECOMMENDATIONS:						    																																															Seek adequate penalties for convicted traffickers, which should involve significant prison terms, and ensure convicted traffickers serve those sentences in practice.Allow formal victim identification by entities other than the police, possibly including civil society, labor inspectors, social workers, and health care professionals, to ensure victims have immediate access to services.Increase funding to NGOs to ensure shelter and services are offered and available to victims immediately upon identification.Develop safeguards for victims to protect them against traffickers freed on suspended sentences.Revise the trafficking law to clarify that force, fraud, or coercion are core elements of the crime of trafficking of adults rather than aggravating factors.Increase training for judges on the severity of the crime and the impact on victims to ensure convictions result in adequate sentences.Increase worker protections by eliminating recruitment fees charged to workers by labor recruiters and ensuring employers pay any recruitment fees.Promote a victim-centered approach in child victim identification procedures.Develop a new NAP with measurable outcomes to assess its progress.Coordinate trafficking data collection and fund, maintain, and conduct trafficking research to create an evidence base for future policy decisions.																																												PROSECUTION						    																																															The government increased law enforcement efforts. Luxembourg criminalized sex trafficking and labor trafficking through Articles 382-1 and 382-2 of the criminal code and prescribed penalties of three to 10 years’ imprisonment and a fine for trafficking offenses involving adult victims and 10 to 15 years’ imprisonment and a fine for offenses involving child victims. These penalties were sufficiently stringent and, with respect to sex trafficking, commensurate with penalties prescribed for other serious crimes, such as rape. Inconsistent with the definition of trafficking under international law, the law established the use of force, fraud, or coercion as aggravating factors rather than essential elements of the crime. GRETA raised concerns the definition could lead to confusion between pimping and human trafficking, as well as problems cooperating with foreign authorities. In 2022, the government investigated 66 cases, a significant increase from 20 in 2021. The government prosecuted 23 suspected traffickers in 2022, compared with 19 in 2021. Judges convicted three labor traffickers in 2022 (two in 2021), and sentenced one trafficker to 30 months in prison with a 15-month suspended sentence and fine, a second to 18 months in prison with a 12-month suspended sentence and fine, and a third to 24 months in prison and a fine with the prison sentence suspended. The government did not report any investigations, prosecutions, or convictions of government officials complicit in trafficking crimes.Perennial problems undercut efforts to hold traffickers accountable and protect victims, such as lenient sentences, which weakened deterrence, and did not adequately reflect the nature of the crime. In addition, understaffed law enforcement may have impeded progress. In 2021, the Consultative Commission on Human Rights (CCDH), which serves as the national rapporteur, expressed concern the Judicial Police was understaffed; the police organized crime unit responsible for investigating trafficking comprised only 13 investigators. The police maintained a victim protection and fugitive research unit, which ensured separation between victim assistance and investigations. The Ministry of Justice (MOJ) sent Judicial Police inspectors to foreign countries to investigate criminal cases that occurred in Luxembourg territory. The National Institute of Public Administration (INAP) provided anti-trafficking awareness training to law enforcement, prosecutors, and judges. However, GRETA expressed concern that while prosecutors brought cases to court demonstrating force, fraud, or coercion and invoking aggravating circumstances in all but one case from 2018 to 2021, some judges did not understand the severity of the crime and only found force, fraud, or coercion to be relevant in one case. In total, INAP provided training for 70 officials and also members of international organizations. Luxembourg law enforcement officers also participated in Joint Action Days with European partners against organized crime, resulting in the identification and investigation of several human trafficking cases across Europe.																																												PROTECTION						    																																															The government maintained overall efforts to protect victims. Police officially identified 50 trafficking victims, a significant increase compared with 20 in 2021. Of those victims, 48 were women and two were men. Foreign national women comprised the vast majority of identified victims; authorities did not identify any child trafficking victims. CCDH noted the prosecution office was slow to produce data, which led to a general lack of overall statistics that did not provide a comprehensive picture of the trafficking situation. Any person or organization could report a suspected trafficking victim to the police, but the police had the sole authority to officially identify a victim and refer them to government assistance. Immigration officials used a specific victim identification protocol based on the NRM that included instructions on identifying victims among unaccompanied children.Government-funded victim services included housing, psychological support, and medical, legal, and financial assistance. In 2022, only 21 of the 50 identified victims received assistance; some of the identified victims declined assistance. The government allocated €277,000 ($295,758) to two NGOs responsible for coordinating trafficking victim care, a multiyear decrease compared with €412,870 ($440,830) in 2021 and €461,500 ($492,753) in 2020. The government also allocated €7.6 million ($8.1 million) to support NGO-run shelters providing assistance to victims of crime, including trafficking, a multiyear decrease compared with €8.3 million ($8.9 million) in 2021 and €8.4 million ($9 million) in 2020. Separately, the government allocated €124,000 ($132,397) to an NGO providing shelter specifically to male trafficking victims, an increase compared with €102,560 ($109,505) in 2021.In January 2022, the two government-funded NGOs responsible for coordination created a combined name and logo to improve visibility and access to services and promoted a new single contact number; however, limited business hours continued to cause delays in victim assistance and hindered proactive operations. When the government identified victims outside operational hours, police could directly refer adult female and child victims to shelters; adult male victims could be housed temporarily in hotels until longer-term housing could be identified. Adult male victims could receive the same access to long-term accommodation and other victim services as adult female and child victims. Victims could leave the shelters unchaperoned at will during the business hours of their respective shelter. Observers noted decent cooperation between the two government-funded trafficking NGOs and the shelters; however, they expressed concern the shelters were often operating at full capacity. In 2022, the NGO-run, government-funded shelters housed 29 trafficking victims, compared with 26 victims in 2021.The law entitled foreign victims to a 90-day reflection period to decide whether they wanted to testify, during which EU citizen victims could work. Upon expiration of the reflection period, the government could issue a foreign victim either temporary or permanent residency status if the victim chose to cooperate with law enforcement, during which time all victims could work. Residence permits granted to trafficking victims were renewable throughout the judicial process, each time for a six month period. The government assessed on a case-by-case basis the residency status of victims who did not participate in an investigation. Victim assistance was not contingent on cooperating with an investigation, but victims who declined to cooperate with police did not benefit from a temporary authorization to stay. The government provided legal alternatives to removal to countries in which victims would face retribution or hardship and provided relief from deportation for medical reasons. Courts could grant restitution and victims could claim compensation through civil suits against traffickers. In 2022, the government enacted legislation creating an asset management office within the MOJ to administer assets seized from traffickers to pay restitution without the victim having to individually file a lawsuit to claim compensation, thus making it easier for a trafficking victim to receive their right to restitution from asset forfeiture. The government trained immigration officials on trafficking indicators, and officials used a questionnaire to proactively screen asylum-seekers for trafficking. The government provided protection to victims throughout the judicial process and took measures to avoid re-traumatization, including by limiting the number of victim interviews and allowing the recording of testimony of child victims.																																												PREVENTION						    																																															The government increased prevention efforts. The government’s interministerial trafficking committee, chaired by the MOJ, met four times in 2022 to coordinate anti-trafficking efforts and NAP implementation. GRETA reported the NAP, endorsed in 2016, was vague, lacked a timeframe on meeting objectives, and did not allocate any resources. The MOJ delayed developing a new NAP until summer 2023. CCDH began to draft its biennial 2020 through 2022 report and previewed, among other concerns, the need to improve victim identification and the tracking and recording of more statistics by the prosecutor’s office. Two government-funded NGOs operated two trafficking-specific hotlines during regular business hours, and the government ran a hotline for victims of crime, including trafficking; police identified 21 labor trafficking victims and 21 sex trafficking victims through the NGO hotlines. In 2022, the government budgeted €98,000 ($104,637) to fund awareness activities, an increase from €84,945 ($90,697) in 2021. The government created a video on human trafficking for authorities welcoming and processing Ukrainian refugees and translated some awareness materials into Ukrainian. The MOJ launched a social media campaign for the European Anti-Trafficking in Persons Day. In 2022, the government provided €1.07 million ($1.14 million) for overseas programs to combat sexual exploitation of children, including trafficking. In addition, the government provided €288,000 ($307,503) to NGOs for anti-trafficking projects in Africa and €234,000 ($249,847) for projects in South Asia.Labor laws allowed recruitment fees but criminalized excessive amounts; the government did not report if it monitored or enforced that prohibition. In the past, observers reported the Labor Inspectorate was understaffed, and inspectors did not have clear victim identification protocols and were not authorized to identify victims but could refer victims to the police. During the reporting period, the Labor Inspectorate referred 15 potential victims to police. The government reported increasing the number of labor inspectors from 22 inspectors in 2018 to 87 in 2022. In its biennial report covering 2019-2021, CCDH recommended labor inspectors receive investigative powers to allow criminal proceedings to use evidence of trafficking gathered by inspectors. However, the Labor Inspectorate suggested the Judicial Police hire more personnel to ensure trafficking is adequately covered. The government continued its commitments under the 2020-2022 NAP on implementing the UN Guiding Principles on Business and Human Rights, which sought to prevent forced labor in private-sector supply chains. The national rapporteur called on the government to create a national due diligence law on supply chains; in 2021, the government launched a study to examine the feasibility of implementing due diligence legislation. The government encouraged, but did not require, diplomats to attend antitrafficking training. The government made some efforts to reduce the demand for commercial sex acts through its 2018 law criminalizing the solicitation of a sex trafficking victim. The government provided information to the public about child sex tourism.																																												TRAFFICKING PROFILE:						    																																															As reported over the past five years, human traffickers exploit foreign victims in Luxembourg.  Traffickers exploit victims from Europe, Africa, Asia, and South America in sex trafficking operations in cabarets, private apartments, and on the street.  Increasingly, traffickers engage in forced labor crimes, sometimes involving People’s Republic of China nationals, Nepali, Pakistani, South American, or Eastern or Southern European men, women, and children in various sectors, including restaurants and construction.  Traffickers transport Romani children from neighboring countries for forced begging in Luxembourg.  Groups vulnerable to traffickers’ illicit schemes include migrant workers in domestic work, catering, construction, and begging, as well as unaccompanied foreign children and people in Luxembourg’s legal and illegal commercial sex industry.																																				    							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- Public Service Recognition Week: A Foreign Service Officer’s Journey to Public Service Kendra Arbaiza-Sundal The beginning of May always brings many moments of reflection, Foreign Affairs Day is May 5 and May 7 to 13 marks Public Service Recognition Week. As I read articles and social media posts about federal, state, and local government employees and their contributions to our nation, I am proud when I remember that they are talking about my colleagues and me at the State Department.  A younger Kendra (in yellow) with her family on a hike &#8211; picked-up trash not pictured. &nbsp;A love of travel, a desire to understand other cultures, the opportunity to speak other languages &#8211; these are passions that fuel many Foreign Service Officers. In my case, being a public servant runs in my family. My parents and grandparents were either civilian or military public servants from the municipal to federal levels of government. Their dedication to serving others manifested not only in their professional titles, but also in the choices they made in their personal lives. When we went for hikes in the woods, they brought bags to pick up trash left behind by others, believing strongly in leaving an environment in even better condition that you found it. They held doors open; they offered their seat to those who needed it more; they volunteered regularly in the community. These examples instilled in me a conviction that through kindness and conscientiousness, respect and compassion, we can improve the world around us &#8211; even if only in small ways.   That conviction led me to diplomacy, and it is one I imagine many who work at the State Department share. As a consular officer, I continue to believe in the power of those small acts of service to others, and in the power of being kind and treating others with respect. In Brazil, where I served my first tour with the Foreign Service, there is a well-known saying, &#8220;Gentileza gera gentileza,&#8221; or &#8220;Kindness generates kindness.&#8221; I believe that when we are guided by compassion and can see the mirror of ourselves in the people we help, we can perform our jobs with empathy and professionalism. This is what we, as public servants, strive to do.  Every Foreign Service generalist must serve a consular tour. While others may pursue other specialties after completing their assignment, the public service aspect is vital at every level and position in the Department. It is also work that directly engages with the U.S. public, in routine and extraordinary ways. Our public service to U.S. citizens is at the heart of what we do and is our raison d&#8217;être: from issuing an emergency passport to a U.S. citizen in a time of need, adjudicating the U.S. citizenship of a child born overseas, issuing a visa to the family member of a U.S. citizen &#8211; or evacuating U.S. citizens in the wake of any number of crises. In small acts of public service, we build a profound impact on the world around us, hopefully leaving it better than we found it.   Kendra at the University of Luxembourg, Belval Campus, for Luxembourg&#8217;s National Student Fair in October 2022.  About The Author: Kendra Arbaiza-Sundal is currently the consular chief at the U.S. Embassy in Luxembourg. She has previously served in Istanbul, Turkey, and Sao Paulo, Brazil, as well as in a temporary assignment for a hurricane evacuation in the Caribbean in 2017. She joined the State Department in January 2016.
- Luxembourg HomeReportsOffice of International Religious Freedom2022 Report on International Religious Freedom&#8230;Luxembourg				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2022 Report on International Religious Freedom: Luxembourg																																					Office of International Religious Freedom																																																																																							Download Report																																																																																	 In this section										/																							Executive Summary																																													Executive Summary																															Section I. Religious Demography																																																																																		Section II. Status of Government Respect for Religious Freedom																																																									Legal Framework																																																																											Government Practices																																																																																	Section III. Status of Societal Respect for Religious Freedom																																																																																		Section IV. U.S. Government Policy and Engagement																																																																																																								Executive Summary				The constitution provides for freedom of religion, including the right to practice one’s religious beliefs and express one’s religious opinions in public, and it prohibits compulsory participation in religious services or observance of religious groups’ days of rest.On June 22, the Minister of Justice presented a bill in parliament to make committing a crime against a person because of religion an aggravating circumstance under the penal code. Observers stated that the bill was intended to strengthen the government’s ability to prosecute antisemitic hate crimes, and it remained pending at year’s end. Religious minority groups maintained that the government’s continued failure to create a legislative framework for formal recognition of religious groups discriminated against groups that did not have conventions with the government. The government argued that it was not in its competence to define the characteristics of a religion and that doing so would be contrary to religious freedom. The government continued to deliberate on a national action plan to combat antisemitism, which it committed in 2020 to adopt. On June 1, the government nominated an interministerial delegate to coordinate policies to combat racism, antisemitism, and LGBTQI+ hatred, including finalizing the action plan to combat antisemitism.The nongovernmental organization (NGO) Research and Information on Antisemitism in Luxembourg (RIAL) reported most of the antisemitic incidents that occurred during the year involved violence, although the group did not cite specific examples. RIAL also reported at least 65 antisemitic social media posts. It also reported that during some live protests against COVID-19 measures, protesters wore yellow stars of David and compared themselves to Jews persecuted during the Holocaust.U.S. embassy representatives discussed religious freedom issues with government officials at the Ministry of State, including government efforts to combat antisemitic and anti-Islamic sentiment and the ministry’s interaction with religious communities. Embassy personnel also met with religious groups to discuss their concerns.																														Section I.													 Religious Demography												    																																															The U.S. government estimates the total population at 650,364 (midyear 2022).  By law, the government may not collect personal information related to religion and relies on religious groups to report the number of their adherents.  A 2014 poll (the most recent) by the national survey institute TNS-ILRES reported that among respondents ages 15 and older, 58 percent identify as Catholic, 17 percent as nonbeliever, 9 percent as atheist, 5 percent as agnostic, 2 percent as Protestant, 1 percent as Orthodox, 1 percent as members of Jehovah’s Witnesses, 3 percent as other (unspecified) Christian, and 1 percent as Muslim.  Two percent of respondents did not answer the question.  Based on information provided by religious community representatives, groups whose members together constitute less than 5 percent of the population include the Baha’i Faith, The Church of Jesus Christ of Latter-day Saints, and the Universal Church of the Kingdom of God.Muslim community representatives estimate there are between 18,000 and 20,000 Muslims and their descendants, mainly from southeastern Europe and the Middle East, living in the country.Jewish community representatives estimate there are 1,500 Jews.																																					Section II.													 Status of Government Respect for Religious Freedom												    																																																Legal Framework										The constitution provides for freedom of religion, including the freedom to practice religion in public and manifest religious opinions, as long as no crime is committed in exercising that freedom. While the constitution provides for the right to assemble peacefully without prior authorization, it stipulates open-air religious or other meetings are subject to laws and police regulations. The constitution prohibits compulsory participation in or attendance at church services or observance of religious days of rest and stipulates that a civil marriage ceremony must precede a religious marriage ceremony for the state to recognize it. The constitution provides for the regulation of relations between religious groups and the state, including the role of the state in appointing and dismissing religious clergy and the publication of documents by religious groups, through conventions between the state and individual religious groups. These conventions are subject to parliamentary review.The constitution provides a framework for combating Holocaust denial and revisionism as well as any form of hate speech. In 2020, the government adopted the International Holocaust Remembrance Alliance working definition of antisemitism.Under the penal code, antireligious and antisemitic statements are punishable by imprisonment from eight days up to six months and a fine of €251 to €25,000 ($268 to $27,000), or both.There is no procedure for granting religious groups legal status as religious groups. Religious groups are free to operate in the form they wish, with many choosing to operate as nonprofit associations. The government has formally approved conventions with six religious groups, which it supports financially with a fixed amount that is adjusted yearly for inflation. The six groups receive funds partly based on the number of their adherents in 2016; other funding is a direct contribution fixed under a revised law adopted in 2016. The six groups are the Roman Catholic Church; the Greek, Russian, Romanian, and Serbian Orthodox Churches as one community; the Anglican Church; the Reformed Protestant Church of Luxembourg and the Protestant Church of Luxembourg as one community; the Jewish community; and the Muslim community. To qualify for a convention with the state, a religious community must be a recognized world religion and have established an official and stable representative body with which the government can interact.Groups without signed conventions, such as the New Apostolic Church, operate freely but do not receive state funding. The Baha’i Faith does not have a convention with the state but has a foundation that allows it to receive tax-deductible donations.Government funding levels for the six religious groups are specified in each convention and remain the same every year except for adjustments for inflation. The original funding levels established in 2016 were: €6.75 million ($7.21 million) to the Catholic community; €450,000 ($481,000) to the Protestant community; €450,000 ($481,000) to the Muslim community; €315,000 ($337,000) to the Jewish community; €285,000 ($304,000) to the Orthodox community; and €125,000 ($134,000) to the Anglican community. By law, clergy of recognized religious groups hired in 2016 or earlier continue to receive their salaries from the government and are grandfathered into the government-funded pension system.Religious groups must submit their accounts and the report of an auditor to the government for review to verify they have spent government funds in accordance with laws and regulations. The government may cancel funding to a religious community if it determines the community is not upholding any of the three mutually agreed principles of respect for human rights, national law, and public order stipulated in the conventions.The law prohibits covering the face in certain specific locations, such as government buildings and public hospitals, schools, or on public transportation. The prohibition applies to all forms of face coverings, including, but not limited to, full-body veils. Violators are subject to a fine of €25 to €250 ($27 to $267). There is no prohibition against individuals wearing face coverings on the street.The law requires animals to be stunned before slaughter, with exceptions only for hunting and fishing. Violators are subject to a fine of €251 to €200,000 ($268 to $214,000) and possible imprisonment from eight days up to three years. The law does not prohibit the sale or import of halal or kosher meat.By law, public schools may not teach religion classes, but students are required to take an ethics course called “Life and Society.” The course covers religion, primarily from a historical perspective.There are laws and mechanisms in place to address property restitution, including for Holocaust victims. The laws do not apply to noncitizens who resided in the country between 1930 and 1945.The country is a party to the International Covenant on Civil and Political Rights.																																				Government Practices										On June 22, Justice Minister Sam Tanson presented a bill to parliament to amend the penal code to make it an aggravating circumstance to commit a crime against a person because of political or philosophical opinions or religion. The bill falls within the framework of the EU strategy to combat antisemitism and support Jewish life. The bill was intended to strengthen authorities’ ability to prosecute antisemitic hate crimes. It remained pending at year’s end.As of year’s end, the government had not created a basis to recognize the legal status of religious organizations. As a result, religious groups without a convention with the government continued to operate as nonprofit organizations. Religious minority groups, including the New Apostolic Church, again stated the government’s continued failure to create a legislative framework for formal recognition of religious groups discriminated against those that did not have conventions with the government. The government stated it did not have the right and the competence necessary to define religion and that codifying such a definition would impede religious freedom. The government said the aim of having conventions was to create a transparent funding method and that they were not tools to recognize religions.The Consistoire Israelite de Luxembourg (the group representing the Jewish community in dealings with the government) and members of the Muslim community stated they remained concerned that the law requiring the stunning of animals prior to slaughter infringed on their religious rights. They said they continued to import meat, since there were no halal or kosher slaughterhouses in the country.The Ministry of Education continued to excuse children wishing to attend religious celebrations from school, provided their legal guardian notified the school in advance and the absence was for a major religious holiday (i.e., not recurring, normal, weekly prayer services).Pursuant to a 2021 agreement between the government and the Consistoire Israelite de Luxembourg, the Luxembourg Foundation for the Memory of the Shoah, and the World Jewish Restitution Organization, the government made an annual payment of €120,000 ($128,000) to the Luxembourg Foundation for the Remembrance of the Holocaust. The government continued to renovate Cinqfontaines, a former Nazi detention site, into an education and commemoration center at an estimated cost of €38-45 million ($41-48 million). On June 1, the government nominated interministerial delegate Michel Heintz to coordinate policy on combating racism, antisemitism, and LGBTQI+ hatred and to finalize a national action plan on combating antisemitism. As of year’s end, the government continued to deliberate on the national action plan, which it committed in 2020 to adopt.Also pursuant to the 2021 agreement, three working groups continued to research, identify, and restitute dormant bank accounts, unpaid insurance claims, and looted art related to the Holocaust era. The government committed €2 million ($2.14 million) until 2025 for university provenance research to restore items seized by the Nazis to their rightful owners and to facilitate access to the National Archives files relating to World War II (WWII) and the Holocaust. In October, the government agreed to provide the University of Luxembourg approximately €1.33 million ($1.42 million) to conduct academic research and provenance research related to the Holocaust and WWII, to be disbursed in regular yearly installments between 2022 and 2026. The government launched a call for tenders to assist the National Archives with the inventory and reconditioning of WWII-related archives, for which the government committed approximately €660,000 ($705,000).According to the latest information from the Ministry of State in charge of religious affairs, of the six religious groups with conventions with the government, the Muslim community received €450,000 ($481,000) and the Anglican community received €125,000 ($134,000) during the year, the same amounts as received in 2021. The Jewish, Catholic, Protestant, and Orthodox communities together received a total of €25 million ($26.8 million), the same amount as received in 2021.During the year, the Ministry of Higher Education provided a new €646,000 ($690,000) to the Luxembourg School of Religion and Society (LSRS), to promote, among other objectives, research, education, and collaboration with religious groups that have signed agreements with the state.According to the Ministry of Foreign Affairs, the government as of November had granted refugee status to 741 persons, the majority of whom were Muslim, compared with 754 persons in 2021. The organization “Welcome and Integration,” an entity of the Ministry of Family Affairs and Integration, stated the government provided Muslim refugees access to mosques, halal meals, and, for those who requested it, same-sex housing.																																					Section III.													 Status of Societal Respect for Religious Freedom												    																																															Religious communities reported that most instances of harassment occurred online.According to RIAL, most of the antisemitic incidents that occurred during the year involved violence, although the group did not cite specific examples.  There were also at least 65 instances of antisemitic posts on social media.  Three online incidents attempted to delegitimize Israel and called for its destruction.  RIAL reported that during some demonstrations against COVID-19 measures, protesters wore yellow stars of David and compared themselves to Jews persecuted during the Holocaust.According to RIAL, on January 27, International Holocaust Remembrance Day, unknown individuals painted two large swastikas on equipment at a playground in Merl Park in Luxembourg City.  Police opened an investigation into the incident.The NGO Islamophobia Observatory in Luxembourg administered an online national questionnaire focusing on the years 2020-21, asking 151 Muslims – 86 men and 65 women – about anti-Muslim sentiment in the country.  The results reflected that 61 percent of respondents believed “Islamophobia” was present in the country; 71 percent believed Muslims were well integrated into society; and 78 percent believed discrimination was higher in neighboring countries (Belgium, Germany, or France) than in Luxembourg.  The 2021 data reflected that 17 percent responded they were victims of anti-Muslim sentiment; 19 percent responded they observed discriminatory acts but were not directly affected by them.The six-member interfaith Council of Religious Groups that Signed an Agreement with the State (Conseil des Cultes Conventionnes) met more than four times but did not disclose information about its deliberations.  Cardinal Jean-Claude Hollerich and Grand Rabbi Alain Nacache continued to serve as president and vice president of the council.  The New Apostolic Church and the Baha’i Faith continued to participate as permanently invited guests without voting rights.  On May 9, the council met for the Celebration of Religions for Human Brotherhood.  In their final statement at that event, the religious leaders stated that they recognized religious communities “are at the heart of the European Project.”On November 16, the LSRS hosted a conference entitled “A City, Its Life, Its Religions – for Respectful and Committed Living Together,” during which LSRS director Jean Ehret spoke about how religion could have a positive impact on the functioning of society.																																					Section IV.													 U.S. Government Policy and Engagement												    																																															U.S. embassy representatives discussed religious freedom issues with government officials at the Ministry of State, including government efforts to combat antisemitic and anti-Islamic sentiment, and the ministry’s interaction with religious communities.  Embassy officers discussed with the Ministry of State the government’s position that creating a legislative framework for formal recognition of religious groups would impinge on religious freedom by imposing a government definition of religion.On September 20, the embassy organized an interfaith luncheon with many of the country’s religious leaders.  The luncheon offered embassy personnel an opportunity to engage with key religious leaders and to facilitate interfaith dialogue.The embassy used social and traditional media broadly to promote religious freedom, tolerance, and human rights.  Throughout the year, the embassy’s Facebook and Twitter posts recognized and promoted a variety of religious observations, including International Holocaust Remembrance Day on January 27, Jewish American Heritage Month in May, National Arab Heritage Month and Yom HaShoah in April, as well as significant holidays, including Ramadan, Hannukah, and Eid al-Fitr.																																				    							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Religious Demography																																																	Section II. Status of Government Respect for Religious Freedom																																							Legal Framework																																																						Government Practices																																																			Section III. Status of Societal Respect for Religious Freedom																																																	Section IV. U.S. Government Policy and Engagement																																																							Tags																					Bureau of European and Eurasian Affairs																								Luxembourg																								Office of International Religious Freedom																																Religious Freedom
- Luxembourg HomeReportsBureau of Democracy, Human Rights, and Labor2022 Country Reports on Human Rights Practices&#8230;Luxembourg				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2022 Country Reports on Human Rights Practices: Luxembourg																																					Bureau of Democracy, Human Rights, and Labor																																																																																							Download Report																																																							Translations																																																																 In this section										/																							EXECUTIVE SUMMARY																																													EXECUTIVE SUMMARY																															Section 1. Respect for the Integrity of the Person																																																									a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings																																																																											b. Disappearance																																																																											c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses																																																																			Prison and Detention Center Conditions																																																																																																																		d. Arbitrary Arrest or Detention																																																																			Arrest Procedures and Treatment of Detainees																																																																																																																		e. Denial of Fair Public Trial																																																																			Trial Procedures																																																								Political Prisoners and Detainees																																																								Civil Judicial Procedures and Remedies																																																								Property Seizure and Restitution																																																																																																																		f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence																																																																																	Section 2. Respect for Civil Liberties																																																									a. Freedom of Expression, Including for Members of the Press and Other Media																																																																			Internet Freedom																																																																																																																		b. Freedoms of Peaceful Assembly and Association																																																																											c. Freedom of Religion																																																																											d. Freedom of Movement and the Right to Leave the Country																																																																											e. Protection of Refugees																																																																																	Section 3. Freedom to Participate in the Political Process																																																																												Elections and Political Participation																																																																																	Section 4. Corruption and Lack of Transparency in Government																																																																																		Section 5. Governmental Posture Towards International and Nongovernmental Investigation of Alleged Abuses of Human Rights																																																																																		Section 6. Discrimination and Societal Abuses																																																									Women																																																																											Systemic Racial or Ethnic Violence and Discrimination																																																																											Children																																																																											Antisemitism																																																																											Trafficking in Persons																																																																											Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics																																																																											Persons with Disabilities																																																																																	Section 7. Worker Rights																																																									a. Freedom of Association and the Right to Collective Bargaining																																																																											b. Prohibition of Forced or Compulsory Labor																																																																											c. Prohibition of Child Labor and Minimum Age for Employment																																																																											d. Discrimination with Respect to Employment and Occupation																																																																											e. Acceptable Conditions of Work																																																																																																							EXECUTIVE SUMMARY				The Grand Duchy of Luxembourg has a constitutional monarchy and a democratic parliamentary form of government with a popularly elected unicameral parliament called the Chamber of Deputies. The prime minister is the leader of the dominant party or party coalition in parliament. In 2018 the country held parliamentary elections that observers considered free and fair.The Grand Ducal Police maintain internal security and report to the Ministry of Internal Security. Civilian authorities maintained effective control over the security forces. There were no reports that members of the security forces committed abuses.There were no reports of significant human rights abuses.The government had mechanisms in place to identify and punish officials who may commit human rights abuses.																														Section 1.													 Respect for the Integrity of the Person												    																																																a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings										There were no reports that the government or its agents committed arbitrary or unlawful killings.																																				b. Disappearance										There were no reports of disappearances by or on behalf of government authorities.																																				c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses										The law prohibits such practices, and there were no reports that government officials employed them.																Prison and Detention Center Conditions						There were no significant reports regarding prison or detention center conditions that raised human rights concerns.  According to an article of July 1, from the newspaper Luxembourger Wort, the socio-educational center Dreiborn for Minors, which has space for 12 minors, is overcrowded and therefore two minors were placed in the Strassen Prison.  On June 23, a minor injured three inmates with a self-built knife.Abusive Physical Conditions:  There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.According to a representative of In, Out ... and Now?, a nongovernmental organization (NGO) that promotes inmates’ rights, the repressive system of incarceration is not profitable for the detainees nor for society.  The NGO argues that 85 percent of inmates are non-violent persons, such as drug users.  The NGO calls for investment in human capital rather than in repressive measures.Administration:  Authorities conducted investigations of credible allegations of mistreatment at prisons.Independent Monitoring:  The government permitted monitoring by independent human rights observers, including by the Council of Europe’s Committee for the Prevention of Torture and the country’s ombudsman, who monitors and supervises the country’s detention centers.																										d. Arbitrary Arrest or Detention										The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her detention in court.  The government generally observed these requirements.																Arrest Procedures and Treatment of Detainees						Warrants issued by a duly authorized official are required for arrests in most cases.  Police must inform detainees of the charges against them within 24 hours of their arrest and bring detainees before a judge for a determination of the detention’s legality.  There is a functioning bail system, which judges regularly employed.  According to the law, detainees must be provided access to an attorney prior to their initial interrogation.  In cases of indigent detainees, the government pays for the attorney.  These rights were respected.																										e. Denial of Fair Public Trial										The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.																Trial Procedures						The constitution provides for the right to a fair and public trial, and the judiciary generally enforced this right.						Political Prisoners and Detainees						There were no reports of political prisoners or detainees.						Civil Judicial Procedures and Remedies						Magistrate courts serve as an independent and impartial judiciary in civil and commercial matters and are available to individuals who wish to bring lawsuits seeking damages for, or cessation of, a human rights violation.  After exhausting all routes for appeal in the country’s judicial system, citizens may appeal cases involving alleged violations of the European Convention on Human Rights by the state to the European Court of Human Rights.						Property Seizure and Restitution						The government continued to implement its 2021 agreement on Holocaust-era property restitution.  The agreement was between the government, the World Jewish Restitution Organization, the Luxembourg Jewish Community, and the Luxembourg Foundation for the Remembrance of the Shoah.The U.S. Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly in July 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.																										f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence										The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.																																					Section 2.													 Respect for Civil Liberties												    																																																a. Freedom of Expression, Including for Members of the Press and Other Media										The constitution and law provide for freedom of expression, including for members of the press and other media, and the government generally respected this right.  An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for members of the media.Freedom of the press is provided for by the constitution and generally respected in practice.  The Independent Luxembourg Broadcasting Authority regulates the country’s media market.  A single conglomerate, Radio Television Luxembourg, dominates broadcast radio and television, though numerous print, online, and foreign news sources are also available and present a broad range of views.Freedom of Expression:  The law prohibits hate speech in any medium, including online forums, and provides for prison sentences of between eight days and two years and fines for violations.  Victims of hate speech on the internet as well as third-party observers can access a website to report hateful remarks and seek help and advice.  The public prosecutor’s office and the courts enforced the laws on hate speech.Libel/Slander Laws:  The law prohibits “libel, slander, and defamation” and provides for prison sentences of between eight days and two years and fines for violations.  During the year, the government or individual public figures did not use these laws to restrict public discussion or retaliate against journalists or political opponents.																Internet Freedom						The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.																										b. Freedoms of Peaceful Assembly and Association										The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.																																				c. Freedom of Religion										See the Department of State’s International Religious Freedom Report at  https://www.state.gov/religiousfreedomreport/.																																				d. Freedom of Movement and the Right to Leave the Country										The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.																																				e. Protection of Refugees										The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.Safe Country of Origin/Transit: The country generally denied asylum to asylum seekers who arrived from a safe country of origin or transit, pursuant to the EU’s Dublin III Regulation. The government considered 13 countries to be “safe countries of origin” for purposes of asylum. Countries considered “safe” are Albania, Benin, Bosnia and Herzegovina, Cabo Verde, Croatia, Georgia, Ghana (only for male applicants), Kosovo, Republic of North Macedonia, Montenegro, Senegal, Serbia, and Ukraine (not applicable at the moment).Durable Solutions: Through the EU, the country accepted refugees for resettlement, offered naturalization to refugees residing in the country, and assisted refugees in voluntary return to their homelands.Temporary Protection: The government provided subsidiary protection to individuals who may not qualify as refugees but who could not return to their country of origin due to a risk of serious harm and provided it to approximately 161 persons as of July 31. The government granted temporary protection to 4,378 persons as of July 31, due to Russia’s full-scale invasion of Ukraine.																																					Section 3.													 Freedom to Participate in the Political Process												    																																															The law provides citizens the ability to choose their government free and fair periodic elections held by secret ballot and based on universal and equal suffrage.																																				Elections and Political Participation										Recent Elections: In 2018, the country held parliamentary elections that observers considered free and fair.Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate. The law requires that 40 percent of the party candidate lists submitted for national elections be from “the underrepresented gender.” If a party fails to meet the quota, the law provides a graduated scheme of reducing its yearly financial subsidy from the government, based on the extent of failure to meet the criteria. The country’s five major parties all met the 40 percent criterion in their candidate lists for the parliamentary elections.																																					Section 4.													 Corruption and Lack of Transparency in Government												    																																															The law provides criminal penalties for corruption by officials, and the government generally implemented the laws effectively.  There were no reports of government corruption during the year.																																					Section 5.													 Governmental Posture Towards International and Nongovernmental Investigation of Alleged Abuses of Human Rights												    																																															Several domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases.  Government officials often were cooperative and responsive to their views.  The independent, government-wide Ombudsman (which is different from the Ombudsman Committee for the Rights of Children) handles human rights complaints against government institutions but only mediates between citizens and the public sector.  It cannot receive complaints against the private sector, although many assistance institutions are private or run by not-for-profit organizations that often received government support.  The Center for Equal Treatment can receive complaints against the private sector but cannot take cases to court on behalf of victims.The Interministerial Committee on Human Rights seeks to improve interministerial cooperation and coordination on human rights matters and to strengthen the country’s internal and external human rights policies.  It monitors the implementation of the country’s human rights obligations in consultation with national human rights institutions and civil society.  Every ministry has a seat on the committee, which is coordinated by the Ministry of Foreign and European Affairs and chaired by the ambassador-at-large for human rights.																																					Section 6.													 Discrimination and Societal Abuses												    																																																Women										Rape and Domestic Violence: The law prohibits rape of a person, regardless of gender, including spousal rape, and the government enforced the law effectively. Penalties for violations range from five to 10 years’ imprisonment. The law prohibits domestic violence, and the government effectively enforced the law. The law is gender neutral and provides for the removal of abusers from their residences for a 14-day period that can be extended once for an additional three months upon request of the survivor. Penalties may include fines and imprisonment. Police are required to investigate if NGOs report having been approached by an individual for assistance in cases involving domestic violence.According to the Report of the Ministry of Justice, published on July 6, 2022, the Ministry found 48 cases of Sexual abuse, 14 cases of sexual assault, five cases of Sexual harassment, and 59 cases of rape. Police also intervened 917 times in domestic violence situations, and prosecutors authorized 249 evictions of the abuser from the home because of these incidents, which represent a decrease of 2.76 percent and 10.43 percent, respectively, over the same period in the previous year. For example, on September 11, a man assaulted his wife before attacking the police. The police subdued and arrested the individual. The individual was arraigned in court.The government funded organizations that provided shelter, counseling, psychosocial assistance, and hotlines. The government provided financial assistance to victims of domestic violence.The Ministry of Equality between Women and Men operated a prevention website to raise awareness against the different types of gender-based violence, including psychological, sexual, and domestic violence, and provided survivors with telephone numbers available for assistance services as well as contact information for police.Sexual Harassment:The law prohibits gender-based sexual harassment and requires employers to protect employees from such harassment. The law considers an employer’s failure to take measures to protect employees from sexual harassment as a breach of contract, and an affected employee is entitled to paid leave until the situation is rectified. According to the latest 2021 annual report published on May 17, the Court for Inspection of Labor and Mines (ITM) conducted 57 investigations for harassment, but the Labor Inspection Court received no cases of sexual harassment in the workplace.In its 2021 report to parliament and the government, the Center for Equal Treatment (CET) again noted that the law does not give the ITM the means to punish perpetrators of sexual harassment, even though the court is responsible for applying provisions against sexual harassment in the workplace.Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception is available as part of the clinical management of rape.Discrimination: The law provides for the same legal status and rights regardless of gender. The government enforced the law effectively. According to the 2021 annual report by the CET published May 3, the center reported handling 43 cases of potential gender-based discrimination.																																				Systemic Racial or Ethnic Violence and Discrimination										The law provides for equal treatment and prohibits any form of discrimination, direct or indirect, based on religion, disability, age, sexual orientation, race, or ethnicity. The scope of the law covers places of work, school, and the public sphere.The CET recorded 60 cases of alleged discrimination involving race or ethnicity in its 2021 report.																																				Children										Birth Registration: Citizenship is governed by the principle of descent, according to which a father or mother who is a citizen automatically conveys citizenship to offspring at birth. The law allows for citizenship via naturalization and allows dual citizenship. Citizenship for minor children is automatically conveyed when a parent naturalizes. During the year, there were no birth registrations denied on a discriminatory basis.Child Abuse: The law prohibits child abuse. Authorities enforced the law. Penalties for child abuse range from one to five years’ imprisonment and fines. Three separate hotlines were available to assist children who were victims of domestic abuse.Child, Early, and Forced Marriage: The minimum legal age for marriage is 18 but can be waived by a guardianship judge.Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, the offering or procuring of a child for commercial sexual exploitation, and practices related to child pornography. Authorities enforced the law, and cases were rare. Penalties for trafficking, including sex trafficking, of children range from 10 to 15 years’ imprisonment and fines. The law provides that a client that committed a commercial sex act with a minor can be sentenced to one to five years of imprisonment, five to 10 years if the minor was younger than age 16, and 10 to 15 years if the minor was younger than age 11, plus fines.The minimum legal age for consensual sex is 16.																																				Antisemitism										The Jewish community numbered approximately 1,500 persons. There were isolated cases of antisemitic content on the internet.The law provides for punishment of antisemitic statements and Holocaust denial; the government generally enforced the law when notified. Jewish groups reported antisemitic statements and attitudes online, especially in association with statements related to the government of Israel and the Holocaust.On June 12, the NGO Research and Information on Anti-Semitism in Luxembourg published its report for 2021. The report described 80 incidents of antisemitism in the country; most incidents occurred on social media. Persons spreading disinformation related to the COVID-19 pandemic also promoted conspiracy theories regarding antisemitism. The report emphasized that social media posts often revolved around Judeo/Masonic conspiracy theories.																																				Trafficking in Persons										See the Department of State’s Trafficking in Persons Report at  https://www.state.gov/trafficking-in-persons-report/.																																				Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics										Criminalization: Same-sex sexual conduct between consenting adults is not criminalized.Violence against LGBTQI+ Persons: The Grand Ducal Police or other government employees are not known to have incited, perpetrated, condoned, or tolerated violence against LGBTQI+ individuals or those reporting such abuses. In 2006, the government created the CET to independently promote, analyze, and monitor equal treatment within the country. In its latest annual report for 2021, published on May 3, 2022, the CET reported that it received 245 complaints of discrimination within Luxembourg, nine of the cases were due to the sexual orientation of the victim and 43 because of gender.A delegation of the European Commission against Racism and Intolerance (ECRI) visited Luxembourg from September 19 to 23, 2022, as the first step in the preparation of a monitoring report. Following this visit, ECRI will publish a report in 2023 in which it will make a new set of recommendations on measures to be taken by the authorities to address racism and intolerance in the country.Discrimination: The law prohibits all forms of discrimination by state and non-state actors based on sexual orientation or gender identity and the government generally enforced the law.The CET’s 2021 report stated it handled nine cases of potential discrimination linked to sexual orientation.An Organization for Economic Co-operation and Development (OECD) report from 2020 explains that since 2015, Luxembourg same-sex couples are treated on an equal footing relative to different-sex couples concerning access to civil marriage and adoption, although they are not fully entitled to the same rights regarding access to assisted reproductive technology. Contrary to the male partner of a woman who procreates through medically assisted insemination or in vitro fertilization, however, the same-sex partner of a parent who gives birth through these techniques is not automatically recognized as the second legal parent.The president of Rosa Letzebuerg, a local prolesbian, gay, bisexual, transgender, and intersex (LGBTQI+) association, noted that gay and bisexual men are not prohibited from blood donation, but are required to abstain from sexual activity for 12 months before being eligible to donate blood.Availability of Legal Gender Recognition: Legal gender recognition via self-determination has been available since 2018. Luxembourg is one of 15 OECD countries where legal gender recognition is not conditioned on medical requirements. Since the Gender Recognition Act that came into force in 2018, failure of a transgender person to undergo sterilization, sex-reassignment treatment or surgery, or a psychiatric diagnosis cannot justify refusal to change their gender marker in the civil registry. Additionally, in 2018, Luxembourg launched a nationwide awareness raising campaign called “Female? Male? Intersex? Let’s Be Open Minded” that aims to promote acceptance of intersex persons and, hence, reduce social pressure to categorize intersex babies as either female or male.Involuntary or Coercive Medical or Psychological Practices Specifically Targeting LGBTQI+ Individuals: So-called conversion therapy practices specifically targeting LGBTQI+ individuals are not banned.																																				Persons with Disabilities										The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. The government largely enforced these provisions. The law requires all new government-owned buildings and buildings undergoing renovation to be accessible to persons with disabilities. The parliament voted on a new accessibility law in January, but it will not come into force until July 2023. The accessibility of public transportation outside the capital was limited. The law recognizes German sign language, allowing deaf and hard-of-hearing persons to use both the language and a state-paid interpreter in their communications with government.In its 2021 report, the CET wrote that it handled 48 cases of potential discrimination related to disability. Most of the cases concerned access to the job market and housing.The education system allows children with disabilities to attend their local schools with their peers without disabilities. Parents, however, can decide to place their children in segregated classes. According to a representative of InfoHandicap, most children with disabilities attended segregated classes due to the lack of trained teachers to respond to the children’s needs in mainstream schools. The representative further noted that attending school in a segregated classroom affects a child’s chances of employment or pursuing higher education, because segregated classes do not issue diplomas. A representative of the Ministry of Education noted the ministry increased financial resources and trained personnel to allow a maximum number of children with disabilities to attend their local schools with peers without disabilities.The law permits persons with mental disabilities to be placed under legal guardianship. Persons under guardianship lose the right to vote.																																					Section 7.													 Worker Rights												    																																																a. Freedom of Association and the Right to Collective Bargaining										The law provides for the rights of workers, including foreign workers and workers in the informal sector, to form and join independent unions of their choice, to bargain collectively, and to conduct legal strikes. The law allows unions to conduct their activities without interference. Workers exercised these rights freely, and the government protected these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. Penalties for violations were commensurate with or less than those under other laws involving denials of civil rights. Penalties were regularly applied against violators.The right to strike excludes government workers who provide essential services. Legal strikes may occur only after a lengthy conciliation procedure between the parties. For a strike to be legal, the government’s national conciliation office must certify that conciliation efforts have ended.																																				b. Prohibition of Forced or Compulsory Labor										The law prohibits and criminalizes all forms of forced or compulsory labor. The government pursued suspected cases and effectively enforced the law. Penalties for violations included imprisonment under criminal law and were commensurate with those for similar crimes.There were reports that foreign men and women were engaged in forced labor, chiefly in the construction and restaurant sectors.Also see the Department of State’s Trafficking in Persons Report at  https://www.state.gov/trafficking-in-persons-report/.																																				c. Prohibition of Child Labor and Minimum Age for Employment										The law prohibits all of the worst forms of child labor and the employment of children younger than 16. Trainees younger than 16 must attend school in addition to their job training. The law also prohibits the employment of workers younger than 18 in hazardous work environments, on Sundays and official holidays, and for nighttime work. The Ministries of Labor and Education effectively enforced the child labor laws.Romani children from neighboring countries were sometimes brought into the country during the day and trafficked for the purpose of forced begging (see section 7.b.).By law persons who employ children younger than 16 may be subject to a fine and prison sentence. The government effectively enforced the applicable laws and penalties were commensurate with those for analogous serious crimes. Penalties were regularly applied against violators.There were no confirmed reports during the year of the worst forms of child labor.																																				d. Discrimination with Respect to Employment and Occupation										The law prohibits discrimination with respect to employment and occupation based on race, color, national extraction, social origin, religion, political opinion, sex, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or refugee or social status. The government effectively enforced these laws and regulations and penalties for violations were commensurate with those for other crimes related to civil rights, such as election interference. Penalties were regularly applied against violators.Employers occasionally discriminated against persons with disabilities in employment (see section 6, Persons with Disabilities). The law establishes quotas that require businesses employing more than 25 persons to hire certain percentages of workers with disabilities and to pay them prevailing wages. The law provides for the same legal status and rights for women as for men, including rights under labor law and in the judicial system. The law mandates equal pay for equal work. According to information provided by the Ministry of Equality between Women and Men, during the year employers paid women 5.5 percent less on average than men for comparable work.																																				e. Acceptable Conditions of Work										Wage and Hour Laws: The law sets a national minimum wage for workers older than age 18. Collective bargaining agreements established eight hours as a standard workday, with a 40-hour week and provision for overtime and 26 days of leave. In Luxembourg, the wage may under no circumstances be below the minimum wage threshold, which is defined by two levels: the non-qualified minimum wage amounts to 2.256,95 euros; the qualified minimum wage amounts to 2.708,35 euros.ITM inspectors have the authority to make unannounced inspections and initiate sanctions. Most alleged violations occurred in the construction sector.Occupational Safety and Health: The law mandates a safe working environment and occupational safety, and health standards are current and appropriate.The ITM and the accident insurance agency of the Social Security Ministry are responsible for inspecting workplaces. Inspectors have the authority to make unannounced inspections, except in private homes, and to order emergency measures for the regularization or cessation of labor law violations. They can seek assistance from the police should they meet opposition to the fulfillment of their duties. Inspectors can issue fines and establish reports documenting the infringements of the laws, which are forwarded by the director to the prosecutor’s office for further action if needed. Workers have the right to ask the Labor Inspectorate to make a determination regarding workplace safety. Penalties for violations were commensurate with other similar crimes. Accidents occurred most frequently in the construction, commerce, industry, and catering sectors. In 2021 the ITM recorded 1,516 accidents (versus 581 accidents in 2020), including three fatalities.Wage, Hour, and OSH Enforcement: Authorities effectively enforced minimum wage, overtime, and OSH laws. Penalties were commensurate with those for similar crimes, such as fraud or negligence. Penalties were regularly applied against violators.The Ministry of Justice reported that ITM increased its staff and had begun carrying out more inspections in the workplace. Note: ILO standards call for one inspector per 10,000 workers in industrial market economies; per 15,000 workers in industrializing economies; per 20,000 workers in transition economies; and per 40,000 workers in less-developed countries.The health and safety inspection agency ITM, the Social Security Ministry, and the Superior Court of Justice are responsible for enforcing laws governing maximum hours of work and mandatory holidays. The agencies effectively enforced the law, when notified. Penalties for violations are commensurate with those for other similar crimes. In 2021, the ITM carried out 8.511 inspections and levied almost $9.243 million in fines.According to the latest ITM report, the labor inspection organization carried out 2.874 health security checks in the country’s private sector to curb the spread of COVID-19. Between January 1, 2021, and December 31, 2021, ITM issued 108 administrative fines for not respecting health regulations.Informal Sector: Workers in the informal sector are covered by wage, hour, and OSH laws as well as inspections. The country’s informal sector was not large.																																				    							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- Online Briefing with Peter Harrell,  Senior Director for International Economics and Competitiveness, Ruth Berry,  Acting Deputy Assistant Secretary for International Information and Communications Policy,  and Peter A. Winn,  Acting Chief Privacy and Civil Liberties Officer Peter Harrell, Senior Director for International Economics and Competitiveness, National Security CouncilRuth Berry, Acting Deputy Assistant Secretary for International Information and Communications Policy  Bureau of Cyberspace and Digital PolicyPeter A. Winn, Acting Chief Privacy and Civil Liberties Officer, United States Department of JusticeU.S. DEPARTMENT OF STATEFor Immediate Release October 7, 2022The Brussels HubMODERATOR: Thank you for joining us for today’s virtual press briefing. Today we’re very honored to be joined by Peter Harrell, the Senior Director for International Economics and Competitiveness at the National Security Council, and Ruth Berry, the Acting Deputy Assistant Secretary for International Information and Communications Policy in the newly established Bureau of Cyberspace and Digital Policy at the State Department.I just want to remind folks that this call is on the record and that this call is also embargoed until 10 o’clock Washington time, 1600 Brussels time.With that, let’s get started. Senior Director Harrell and Acting Deputy Assistant Secretary Berry, thank you so much for joining us today. I’ll turn it over to you for opening remarks.MR. HARRELL: Thank you, John, and thanks to the Brussels Hub for setting this up, and thanks to all of you in the press for joining this morning as we talk about an important set of steps President Biden is taking today to implement U.S. commitments under the deal that he and President von der Leyen announced back in March to have a new EU-U.S. Data Privacy Framework that is a successor to the Privacy Shield data transfer agreement that the European Court of Justice struck down in 2020.I know many of you covered the announcement of the deal in principle back in March, and over the last six months, we here in Washington have been working diligently to implement our commitments under this deal, which broadly are going to fall into two major categories.First, the President is issuing an executive order later on this morning that will provide new direction to U.S. intelligence collection activities to ensure that U.S. intelligence collection activities are in support of defined intelligence objectives and are tailored to support those objectives, addressing the concerns in the Schrems II court regarding the need to have assurancesthat intelligence-collection activities be in support of defined objectives and tailored to those objectives.And then secondly, pursuant to presidential direction, Attorney General Merrick Garland will be signing regulations establishing a new Data Protection Review Court at the Department of Justice. This Data Protection Review Court is part of a multilayer redress mechanism so that if citizens in Europe or other qualifying countries believe they have been unlawfully surveilled, surveilled outside the bounds of the executive order, they will have a effective redress mechanism to come in, hear their case, determine if there was any improper surveillance, and provide a full remedy if there was determined to be any improper surveillance.We think that the steps we are unveiling today to implement the deal in principle that was announced in March will fully address the concerns of the Schrems – of the ECJ in the Schrems II decision, and we believe really represent a fundamentally different approach to the issues raised in the Schrems II decision – for example, on redress, where it is just a fundamentally different approach from the redress mechanism taken under the Privacy Shield framework. And we are pleased that the announcement today will allow the European Commission to move forward with a – in the coming months with an adequacy decision that will restore legal certainty to transatlantic data flows that underpin trillions of dollars in commerce between the United States and the European Union.So I think this is a huge and important issue for the transatlantic relationship, both at a government-to-government level, also very much at a level of benefiting businesses on both sides and citizens on both sides of the Atlantic.And with that, let me turn it over to my colleague at the State Department, Ruth Berry.A/DAS BERRY: Thank you, Peter. I’ll just reiterate that this is a very positive step forward to be in a position to implement this deal in principle between the U.S. and the European Union, and really to restore that legal certainty necessary for businesses on both sides of the Atlantic to be able to grow and operate. And so I think we really look forward to working with the commission over the coming months as well as stakeholders across the European Union, including member states and DPAs, to help explain this new deal and this executive order and the steps that we’re taking. So looking forward to restore transatlantic data flows. Thanks.MODERATOR: Thank you both. We will now turn to the Q&amp;A portion of today’s briefing. We do have a question right off the top from Vincent Manancourt from Politico. Vincent, would you like to ask your question?QUESTION: Can you hear me?MODERATOR: Yes, we can hear you.QUESTION: Okay. Yes, so I sent in a written question but I can also say it out loud. So I want to know if the executive order introduces a reciprocal assessment. So, like, would the U.S. need to assess the EU too? Secondly, what powers does the U.S. have, if any, if it’s not satisfied with the EU safeguards presented? And thirdly, will the U.S. demand that the EU present country-by-country safeguards or a kind of pan-EU list of safeguards? I ask this question because national security is a national, non-EU competence. Thank you.MR. HARRELL: So, Vincent, thank you very much for the question. I think as you’ll see in the executive order when it’s published in about an hour, hopefully in about an hour and a half, in order for European Union citizens to have access to the two-level redress mechanism established by the EU – and I talked a bit about the Data Protection Review Court as part of a multilevel review mechanism, but it is actually two levels. There’s a first level of review at the Office of the Director of National Intelligence, where the CLPO, the civil liberties and privacy officer, will conduct an initial review and that can then be reviewed by the DPRC. In order to have access to that two-level redress mechanism, the Attorney General will need to designate the EU as a qualifying state or regional economic integration organization.So the EU will have to be designated to qualify for the protections of this – in order for citizens to have access to this redress mechanism, and we think that’ll happen. We think the Attorney General will be making these designations in the coming period of time.The decision to designate the EU will involve an assessment by the Attorney General as to whether the laws of the EU and/or those of EU member states each on matters within their areas of competence have appropriate safeguards relating to their signals intelligence for U.S. persons’ personal information that’s transferred from the United States to the EU. So yeah, we will be doing an evaluation of this for – as the Attorney General makes this designation.MODERATOR: Thank you for that. For our next question we’ll go to Alex Raufoglu. Alex, please. Alex, are you there?QUESTION: Yes. Can you hear me?MODERATOR: Yes, we hear you now. Thank you.QUESTION: Okay. Good afternoon, good morning. Thank you so much for doing this. Could you just speak to a little bit about how the executive order would seek to remedy concerns about the privacy and security practices of U.S. Government agencies handling Europeans’ data? And also, I can’t help but ask about timing of this. I know it was expected sometime late last month, but we’re also ahead of the election in the U.S. coming up. Is there any relation between the upcoming election and the timing of this order? Thank you so much.MR. HARRELL: No, no, look. On timing what I would just say is obviously when we announced this deal in principle back in March, it was an extraordinarily complex agreement that is requiring us to do on our side here in the U.S. a ton of work not just to write the executive order – I mean, writing an executive order is complex enough – but also to sort of make sure that the executive order and the intelligence – or to make sure that the intelligence agencies are actually going out and implementing and figuring out how to implement all of the parameters of the executive order. So when you’re doing something like this which has impacts on the operations of the intelligence agencies, obviously that takes some time. Plus, of course, actually getting all the regulations right to set up this new Data Protection Review Court, which will have – has protections for the judges so that they can’t be fired except for cause, that has a special advocate to make sure that the – has an advocate that’ll have access to some of the underlying facts of the case to advocate – to participate in the proceedings. Obviously, setting all of this up takes some period of time and is – and is a complex undertaking on our side.So I think that maybe back in March, I think some of us probably had thought that maybe we’d be able to get this done a little bit quicker, but I think the only thing that has influenced our timing has been the need to work through really carefully and in a great deal of detail all of the new – all of the direction on changes to intelligence-collection activities and then make sure we really are setting up the kind of extremely robust redress mechanism that we committed to back in – back in March. That’s really the only – the only thing that affects – affected the timing.I think on your question about – on your question about some of the changes, I mean, you’ll see some of that a little bit later on – you’ll see some of that a little bit later on this morning, but I think when you see the text of the EO with respect to intelligence collection, I think – what I think you’ll see generally speaking is that the President is directing the intelligence agencies to make sure that they are collecting only in support of kind of needed, identified, and defined intelligence-collection priorities, things like terrorism, the reasons we collect intelligence; and that then those agencies are – the actual activities are tailored in support of those activities. There are also record-keeping requirements and things like that. So I think what you’ll see is a really robust set of protections here being directed by the executive order.MODERATOR: Thank you for that, sir. I’m going to go to a question that was just submitted by Catherine Stupp. She asks, “Do you expect the executive order to address concerns that have been raised by European courts and DPAs about the U.S. CLOUD Act as a potential risk to European data?”MR. HARRELL: Sorry, I just – sorry, I was just on – I realized I had put myself on mute when you were speaking, John. Look, generally speaking, this executive order is responsive to the ECJ’s Schrems II decision and in order to ensure that we can have a new adequacy agreement between the U.S. and the European – and the European Union. We obviously have a wide range of discussions with Europeans on other data issues and other tech regulation data – tech regulation issues. But this executive order really is responsive to the Schrems II decision.I don’t know, Ruth, if you have anything you want to add about some of our broader data discussions with Europe.A/DAS BERRY: I think if it’s okay, maybe I’ll see if the Department of Justice wants to take the question about – specifically about the CLOUD Act.MR. WINN: Sure, Ruth. This is Peter Winn. I’m the Acting Chief Privacy and Civil Liberties Officer at the Justice Department. And the executive order that we’re talking about today deals with signals intelligence, which is a national security activity. The CLOUD Act questions you’re raising deal with criminal justice. And we are in a lot of different discussions with our European partners as well as with the commission in an attempt to try to address those issues as well. And I would highlight the work that we’ve been doing cooperatively, very – partner – close working relationship we have with our European colleagues, not only at the commission but also at the member states in the OECD trusted government access to data process.And so it’s hoped that the work we’re doing will be – will address – eventually we’re going to have to address all these different issues that are coming up, and the ones you’re raising aren’t being addressed specifically by this process. But the cooperative way in which we’ve addressed this and worked through this, I think, is going to be a model for how we’re going to be addressing some of the other issues as well.MODERATOR: Thank you, sir. Vincent, can I ask, is your hand up again or do you have another question?QUESTION: I just – sorry, I just had a follow-up question. Can you hear me?MODERATOR: Yes, we can hear you.QUESTION: Okay. So on Peter’s remarks on the Attorney General having to designate the laws of the EU as qualifying, so it’s safeguards relating to signals intelligence for U.S. persons on personal data that gets transferred from the U.S. to the EU; is that correct?MR. HARRELL: Look, I think you’ll see the details when the executive order comes out, but I think broadly, we are looking – the Attorney General will be evaluating sort of whether there are appropriate safeguards on jurisdictions that will qualify for the U.S. – for jurisdictions that will qualify for the U.S. redress mechanism. I think the Attorney General will be looking at are there safeguards for collection by those jurisdictions on U.S. citizens, also looking at issues like whether the determination is – the determination to have the jurisdiction qualify here is in the national security interest of the United States and that kind of thing. It’s a couple of factors that the Attorney General will be looking at.QUESTION: Just one last thing. I’m not aware – what are the conditions of this call? I think I missed that. Is it on the record, embargoed?MODERATOR: Call is on the record, embargoed until 1600 Brussels time.QUESTION: Okay, got it. Thanks.MODERATOR: Can I ask the group if there are any other questions from those dialing in or anyone else? It does not appear that – Alex, do you have a follow-up question?QUESTION: Yes. Thanks, John. Just very quickly, if I may. The potential implications of this to the U.S. advertisers and publishers whose business rely on the use of European consumer data, could you speak to that if possible? Thanks so much.MR. HARRELL: Well, look. I think what I would say is certainly our – I think on both sides, both the European Commission and on the U.S. side, the goal with this agreement is to help restore certainty to transatlantic data flows which benefit companies of all kinds. I mean, if you look at the companies that were participating in the prior Privacy Shield agreement, it was like four or five thousand of them. Most of them were names that you and I had never heard of. They’re sort of small- and medium-sized businesses in the healthcare space or whatever that have a couple of – have some customers in Europe, but don’t even necessarily have a large presence in Europe. And we’re trying to restore some legal certainty for companies like that that can – that can – so they can operate across the Atlantic and that the companies can use data to underpin transatlantic commerce of all kinds.This is an agreement, yeah, to address the issues raised in the Schrems II decision, which were about U.S. signals intelligence-collection activities and about redress mechanisms. This agreement does not directly deal with issues of sort of commercial – sort of commercial data – commercial data, sort of commercial privacy, the privacy – the privacy protections of individual – of individual firms.MODERATOR: Thank you, sir, for that. And I’m afraid that’s all the time we have. Thank you for the questions, and to our speakers, thank you also for joining us. Shortly we will send an audio recording of the briefing to all the participating journalists and provide a transcript as soon as possible. We’d love to hear your feedback. You can contact us anytime at TheBrusselsHub, one word, @state.gov. Thanks again for your participation and we hope you can join us for another press briefing soon. This is the end of this press briefing.