Key Benefits:
The Minister of Economy, Finance and Industry,
Given the monetary and financial code, and in particular Articles L. 518-1, L. 611-2 and L. 611-9;
Given Decree No. 84-708 of 24 July 1984 Amended pursuant to Act No. 84-46 of 24 January 1984 as amended on the activity and control of credit institutions, codified in the Monetary and Financial Code, and in particular Article 2,
Stop:
Regulation No. 2002-01 of the Committee on Banking and Financial Regulation of 18 April 2002 annexed to this Order is Approved.
Regulation No 2002-01 of 18 April 2002 is extended, for the provisions concerning them, to Financial services of La Poste, the Caisse des depots et consignations et au Trésor public.
This Order and the The regulations annexed to it will be published in the Official Journal of the French Republic.
REGULATION No. 2002-01 OBLIGATIONS OF CHEQUES IN RESPECT OF THE FIGHT AGAINST MONEY LAUNDERING AND THE FINANCING OF TERRORISM
The Committee on Banking and Financial Regulation,
In view of the monetary and financial code;
Given the Decree No. 91-160 of 13 February 1991 laying down the conditions for the application of Act No. 90-614 of 12 July 1990;
Having regard to Regulation No 91-07 of 15 February 1991 on the fight against money laundering arising from drug trafficking, as amended by Regulation n ° 2000-03 of 6 September 2000;
Having regard to Regulation No 92-13 of 23 December 1992 concerning the supply of banking services in France by establishments having their registered office in the other Member States of the Communities European;
Having regard to Regulation No 97-02 of 21 February 1997 on the internal control of credit institutions and investment undertakings;
Having regard to Regulation No 2001-04 of 29 October 2001 on compensation for Checks,
Decides:
TITLE I
GENERAL PROVISIONS
Article 1
This Regulation shall apply to credit institutions defined in Article L. 511-1 of the Monetary and Financial Code. These are called "
This Regulation applies to cheques payable in France, as defined by the monetary and financial code.
Article 2
The internal written rules provided for in Article 2 (a) of Regulation 91-07 describes the specific tasks to be carried out for the control of cheques for the purpose of preventing money laundering and combating the financing of terrorism, without prejudice to the obligations imposed on Other purposes by Chapter I of Title III of Book I of the Monetary and Financial Code and of the measures taken in application of Title V of the book.
Article 3
The internal written rules provided for in Article 2 of this Regulation provides for the examination of cheques deemed necessary by the taxable establishment in accordance with the principles laid down in this Regulation, in order to supplement the knowledge that it has of its clientele in order to satisfy its Obligations to be vigilant with regard to the risk of money laundering.
To this end, the taxable institution shall define the controls to be carried out on the statements on the cheques or the elongates which may contain information enabling the To detect abnormal or unusual characteristics of the operation against the knowledge of the client.
The examination of cheques is carried out by persons who have received adequate training in the fight against the Money laundering and having access to the data necessary to carry out the checks on them under this Regulation.
Article 4
The taxable establishment shall establish and execute an annual Cheque control program for the enforcement of the due diligence requirements of this Regulation. This programme, which is revised as a need under implementation, includes selection criteria defined by the institution according to its own activities and which take into account the evolution of the typologies of money laundering and Publicly available information, in particular those disseminated by the international forum for coordination and coordination in the fight against money laundering or by the service provided for in Article L. 562-4 of the Monetary Code; The
referred to in Articles 2 and 5 of the Decree of 13 February 1991 shall be informed of the results of the examination of these cheques. The results of the execution of the programme shall be brought to the attention of the deliberative body in accordance with Article 38 of Regulation No 97-02 of 21 February 1997.
Article 5
Subject-matter institutions are adapting their cheque processing system for the purposes of this Regulation.
Article 6
The monitoring system provided for in this section 2 b of Regulation No 91-07 of 15 February 1991 incorporates the verification of due diligence provided for in this Regulation.
TITLE II
CHÈQUES RECEIVED À L' ENCAISSEMENT
ET À L' ESCOMPTE
Article 7
For cheques received at the cashing or discount of customers other than those referred to in section 8 of these Regulations, the program provided for in section 4 includes at least the money laundering prevention review:
a) Cheques Which the examination seems necessary to complete the analysis of the operation of the account where the taxable establishment, on the occasion of the account of its client receiving cheques, detects, where appropriate by computer means, a Unusual operation of the account;
(b) Checks selected on the basis of criteria defined by the institution in accordance with section 4.
To that effect, the reporting institution shall examine the statements on the cheques or the extensions May contain information to detect abnormal or unusual features of the transaction in relation to the knowledge of the recipient of the cheque, its economic activity and the operating profile of the account.
Section 8
A reporting institution that provides a cash-out or cheque discount service to foreign institutions concludes written agreements to this effect. The foreign establishment with which the agreement has been entered into is considered, for the purposes of these Regulations, to be the client of the taxable establishment. No cashing or cheque discount service is available in the absence of any such agreement.
These agreements provide for the undertaking by the foreign institution:
(a) To proceed, prior to transmission, of a cheque In all the audits of its clientele provided for in the recommendations of the international forum for coordination and coordination in the fight against money-laundering, on the other hand, to the supplementary audits of Prevention of money laundering which may be requested by the French institution as a result of its own controls;
(b) Separate discounts for cheques that it has itself received from institutions located in states Or territories whose legislation is acknowledged to be insufficient or whose practices are considered to be an obstacle to the fight against money laundering by the international forum for coordination and coordination in the fight against money laundering Against money laundering, the list of which is set out in the Annex to this Regulation and shall be updated by order of the Minister responsible for the economy;
(c) To communicate to the French institution, at its request, all the elements enabling it to Determine the conformity of procedures and controls implemented with contractual commitments.
In the case of agreements concluded with foreign institutions located in the territory of the members of the international body referred to above, The reporting institution further requests its counterparty to separate cheques received from institutions located in States or territories not covered by the b and non-members of that international body. If the co-contractor is unable to make this surrender, the taxable establishment shall strengthen the controls provided for in Article 9.
Article 9
For cheques received at cashing or The discount of foreign establishments referred to in Article 8, the programme provided for in Article 4 shall include at least the examination for the purpose of prevention of money laundering:
(a) All cheques received from an establishment situated in one of the States, or (b) A percentage of at least 25 per cent of cheques received from all institutions located in States or in other countries, as well as all cheques that have been the subject of separate discounts under Article 8;
b) a percentage of at least 25 per cent of cheques received from all institutions located in States or Territories not covered by Article 8 and not members of the international forum for coordination and coordination in the fight against money laundering, or which have been the subject of the separate remission provided for in the last paragraph of the Article 8. This percentage will be assessed no later than two years after the coming into force of this Regulation;
(c) a sample of other cheques received by the reporting institution, determined on the basis of its knowledge of the activity Its co-contractors and the diligence carried out by them in order to control them.
This examination shall cover the particulars on the cheques or the elongates which may contain information for the detection of manifest material anomalies in the The French rules for the use of the cheque. It aims to isolate the cheques to be transmitted to the drawing under Article 10 and to verify the application by the foreign institution of the obligations set out in Article 8.
Where such checks detect such anomalies, a defect Execution by the foreign establishment of its contractual obligations or an indirect surrender by an establishment referred to in the a or the b of Article 9, the taxable establishment shall seek explanations from its counterparty or others Cheque collection circuit establishments in issue. If the explanations it obtains are not satisfactory, the taxable establishment, failing to terminate the agreement, controls all cheques delivered by the counterparty.
Article 10
In addition to the In accordance with sections 7 to 9, the reporting institution that has received cheques at the cash or at the discount will forward to the institution, indicating the characteristics of the cheque (s) that have called its attention, the cheques
a) Cheques for which the checks carried out pursuant to Articles 7 to 9 have revealed obvious anomalies;
(b) Cheques from abroad, where the checks provided for in Article 9 have appeared They come from an institution referred to in a or b of item 9 and have more than two endos.
TITLE III
CHEQUES RECEIVED BY THE ESTABLISHMENT
Article 11
Program Referred to in Article 4 provides, where the presentation of cheques for payment is made in accordance with the conditions laid down in Articles 3 or 6 of Regulation No 2001-04 of 29 October 2001, that the taxable person concerned shall carry out the examination for the purposes The prevention of money laundering of cheques transmitted to it materially.
This program provides for the individual examination of cheques drawn on the books of the reporting institution:
a) Cheques drawn by clients Having been the subject of the declaration provided for in Article L. 562-2 of the Monetary and Financial Code or entering the framework of an operation referred to in Article L. 563-3 of the Code;
(b) Cheques whose examination appears necessary for Complete the analysis of the operation of the account when, on the occasion of the follow-up of the account of his client, the taxable establishment detects, where appropriate by computer means, an unusual operation of the account;
c) Cheques Selected on the basis of criteria defined by the establishment, in particular according to the evolution of the typologies of money laundering;
(d) Cheques which do not appear on the scale or the mention limiting the transmission by way of endorsement Under Article L. 131-71 of the Monetary and Financial Code;
(e) Cheques made pursuant to Article 10 of this Regulation;
(f) Cheques submitted directly to the payment by an institution referred to in a or a b of the 9.
applicable, the drawn establishment shall arrange for the circulation of cheques which satisfy the conditions referred to in the preceding paragraph and which have not been communicated in accordance with the first paragraph of that Article or
The reporting institution examines the statements on cheques or extensions that may contain information to detect abnormal or unusual features of the transaction in the eyes of the taxpayer. The knowledge he has of the shooter of the cheque, his economic activity and the operating profile of the account.
TITLE IV
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
Article 12
This Regulations come into force on June 30, 2002. However, the adaptation of the cheque processing systems provided for in Article 5 and the proposal of the conventions provided for in Article 8 shall be made no later than 31 December 2002.
Article 13
A new indent is added to the penultimate subparagraph of Article 5 of Regulation No 92-13 of 23 December 1992:
" -Regulation No 2002-01 on checks on cheques for the purpose of combating money laundering and the financing of terrorism. "
Done at Paris, April 18, 2002.
For the Banking and Finance
The President,
J.-P. Jouyet
A N N E X E
Burma.
Cook Islands.
Dominica.
Egypt.
Grenada.
Guatemala.
Hungary.
Indonesia.
Israel.
Lebanon.
Marshall Islands.
Nauru.
Nigeria.
Niue.
Philippines.
Russia.
Saint Kitts and Nevis.
Saint Vincent and the Grenadines.
Ukraine.
Done at Paris, April 26, 2002.
Laurent Fabius
