Decree No. 2009 - 1087 2 September 2009 Concerning The Obligations Of Vigilance And Declaration For The Prevention Of The Use Of The Financial System For The Purpose Of Laundering Of Capital And Financing Of Terrorism

Original Language Title: Décret n° 2009-1087 du 2 septembre 2009 relatif aux obligations de vigilance et de déclaration pour la prévention de l'utilisation du système financier aux fins de blanchiment de capitaux et de financement du terrorisme

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Texts transposed Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism 2006/70/EC Commission Directive of introducing measures of implementation of directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed persons and the technical requirements for the application of simplified obligations complete customer due diligence as well as the exemption on grounds of a financial activity on an occasional or very limited scale summary Transposition of directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism; directive 2006/70/EC of the Commission on measures of implementation of directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed persons and the technical requirements for the application of simplified obligations of customer due diligence as well as the exemption on grounds of a financial activity on an occasional basis or scale very limited.
Keywords economy, monetary and financial, financial, money laundering, financing, terrorism, PREVENTION, use, freezing of assets, SIMPLIFICATION of the law, relief PROCEDURE, INSTITUTION FINANCIÈRE, DECLARATION of SUSPICION, customer, anti-money laundering of capital and financing of terrorism, reporting, person subject, activity financial due diligence, CLIENT, IDENTIFICATION, CLIENT OCCASIONNEL, VIGILANCE supplementary, reinforced, VIGILANCE constant VIGILANCE
, Internal control, authority, authority control, European DIRECTIVE, TRANSPOSITION COMPLETE, TRACFIN JORF n ° 0204 on September 4, 2009, page 14660 text no. 16 Decree No. 2009-1087 of 2 September 2009 concerning the obligations of vigilance and declaration for the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism NOR: ECET0916042D ELI : https://www.legifrance.gouv.fr/eli/decret/2009/9/2/ECET0916042D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2009/9/2/2009-1087/jo/texte Prime Minister, on the report of the Minister of economy, industry and employment, having regard to directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism;
Having regard to directive 2006/70/EC of the Commission of 1 August 2006 on measures of implementation of directive 2005/60/EC of the Parliament and the Council for what concerns the definition of "politically exposed persons" and the technical conditions of the application of obligations for simplified customer as well as due diligence of the exemption on grounds of a financial activity on an occasional or very limited scale;
Seen the civil code;
Having regard to the code of insurance;
Having regard to the code of commerce;
Having regard to the code of consumption;
Having regard to the monetary and financial code, including title VI of book V of the legislative part;
Having regard to the code of mutuality.
Having regard to the code of civil procedure;
Having regard to the code of social security;
Seen the labour code;
Having regard to Act No. 78-17 of 6 January 1978 amended relative to computers, files and freedoms;
Pursuant to law n ° 89-1009 of December 31, 1989, strengthening the guarantees offered to insured persons against certain risks.
Having regard to the order No. 2009-104 of January 30, 2009 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism, ratified and amended by article 140 of law No. 2009-526 12 May 2009 simplification and clarification of the law and relief procedures and amended by article 9 of law No. 2009-888 of July 22, 2009 development and modernization of tourist services;
Having regard to the opinion of the Conseil supérieur de la Mutualité dated June 25, 2009;
Having regard to the opinion of the Advisory Board of legislation and financial regulations as of July 1, 2009;
Having regard to the opinion of the National Commission of data processing and freedoms dated July 9, 2009;
The Council of State (finance section) heard, enacts as follows: Article 1 more on this article...

Title VI of book V of the regulatory part of the monetary and financial code is amended as follows: 1 ° Chapter I replaces chapters I, II and III;
2 ° Chapter IV becomes chapter II and is entitled: 'Obligations to the freezing of assets' and, accordingly, article R. 564 - 2 becomes article R. 562 - 2;
3 ° chapter V is repealed;
4 ° articles R. 562 - 1 to R. 562 - 8, R. 563 - 1 to R. 563 - 4 and R. 565 - 1 to R. 565 - 4 are repealed;
5 ° chapter I reads as follows: "chapter I: ' Obligations relating to the fight against money laundering and the financing of terrorism" Section 1 "persons subject to a duty of declaration to the Prosecutor of the Republic ' this section excludes regulations.»»»»»»
«Section 2 "persons subject to requirements to combat money laundering and the financing of terrorism" sub-section 1 ' beneficial owner ' Art.R.»»»»»» 561-1.-when the client of one of the persons mentioned in article L. 561 - 2 is a company, beneficial owner of the operation means the persons who hold more than 25% of the capital or of the voting rights of the company, directly or indirectly, or exercise control over management authority by any other means, administration or management of the company or on the general meeting of its shareholders.
«Art.R. 561-2.-when the client of one of the persons mentioned in article L. 561 - 2 is a collective investment, means beneficial owner of the transaction or persons who hold, directly or indirectly, more than 25% of the units or shares of the Organization, either exercise a power of control over the administration or management of the collective investment body organs or. If any, of the company management or the company's portfolio management representative.
«Art.R. 561-3.-when the client of one of the persons mentioned in article L. 561 - 2 is a corporation that is neither a corporation nor an organization of collective investment schemes, or when the customer intervenes in a trust or any other comparable legal device under foreign law, beneficial owner of the operation means the persons who satisfy one of the following conditions. : "1 ° they are intended, by the effect of a legal act having designated them for this purpose, to become holders of rights relating to 25% at least of the property of the Corporation or property transferred to a trust heritage or any other comparable legal device under a foreign law;
«2 ° they belong to a group in the main interest which the legal person, or any other similar legal device under foreign law trust was formed or produced its effects, when natural persons who are the beneficiaries have not yet been designated;
«3 ° they are holders of rights relating to 25% at least of the property of the Corporation, trust or any other comparable legal device under a foreign law;
«4 ° they have the quality of settlor, trustee or beneficiary, under the conditions laid down in Title XIV of Book III of the civil code.
«Subsection 2 "accessory financial activity «Art.R.»» 561-4.-constitutes, for the purposes of article L. 561 - 4, an ancillary financial activity the activity of insurance mediation when it meets all of the following conditions: "1 ° it is only to introduce, propose, or assist them to conclude contracts relating to insurance products that are just the add product or service provided through the main activity;
«2 ° it does not exceed 5% of the total turnover of the person concerned, according to the established accounts for the last financial year;
«3 ° the amount of the annual premium by contract and customer does not exceed EUR 1 000;
«4 ° the amount of the annual turnover of this activity does not exceed EUR 50 000, whether life insurance or insurance, according to the accounts for the last financial year.
«Section 3 "Obligations of customer due diligence ' sub-section 1 ' client ID ' Art.R.»»»»»» 561-5.-for the purposes of I and II of article L. 561 - 5, the persons mentioned in article L. 561 - 2 check the identity of the client and, if applicable, the identity and the powers of persons acting on behalf of it, under the following conditions: "1 ° when the client is a natural person, by submitting an official document bearing his photo and valid. '' The particulars to identify and retain are the surname, forenames, date and place of birth of the person, as well as the nature, date and place of issue of the document and the name and quality of the authority or the person who issued the document and, where appropriate, has authenticated it.

«2 ° when the client is a corporation, by the communication of the original or the copy of any act or extract from official register dating less than three months finding the name, legal form, address of the registered office and the identity of shareholders and executives mentioned in the 1 ° and 2 ° of article R. 123 - 54 of the code of commerce or their equivalents in foreign law;
«3 ° when the identity verification can take place in the presence of the natural person or the representative of the legal person, the persons mentioned in article L. 561 - 2 implementing, pursuant to the provisions of 1 ° of article L. 561 - 10, additional vigilance measures, among those provided for in article R. 561-20.»
"Art.R. 561-6.-it can not be carried out the verification of the identity of the client and, where applicable, the beneficial owner, in application of article L. 561 II - 5, during the establishment of the business relationship, under the following conditions:" 1 ° in the case of opening an account, verification of identity takes place no later than prior to the first operation on this account;
«2 ° in case of conclusion of a contract, the identity verification takes place no later than at the time of this conclusion, or before the start of the transaction which is the subject of the contract, subject to the persons mentioned in article L. 561 - 2, to be able to justify to the supervisory authority their decision not to verify the identity of their client before entering business by the need to continue the already committed relationship and low risk. laundering of capital and financing of terrorism;
«3 ° in case of subscription of an insurance contract, the verification of the identity of the beneficiary of the contract takes place no later than at the time of payment of the benefit to the beneficiary of the contract or at the time when it intends to exercise the rights conferred by the contract;
«4 ° in the case of operation related to the financing of physical assets including property is not transferred or it is the termination of the contractual relationship, the verification of the identity of the beneficiary of the contract takes place no later than at the time of the payment of the first rent or the first royalty.
«Sub-section 2 ' Identification of the beneficial owner «Art.R.»» 561-7.-the persons referred to in article L. 561 - 2 identify the beneficial owner of the business relationship, if necessary, by suitable means and check identification items collected by the collection of any document or appropriate document, taking into account the risks of laundering of capital and financing of terrorism. They must be able to justify their stagecoaches to the supervisory authorities. They retain these documents or evidence under the conditions laid down in article L. 561 - 12.
«Art.R. 561 - 8.-L'obligation for a person referred to in article L. 561 - 2, identification of the beneficial owner of the business relationship is deemed satisfied when the risk of laundering of capital and financing of terrorism is low and the client of this person is: "1 ° a person referred to in 1 ° to 6 ° of article L. 561 - 2, established or headquartered in France» , in another EU Member State European, in a State party to the agreement on the European economic area or in a third country imposing requirements equivalent in the fight against money laundering and the financing of terrorism and on the list provided for in 2 ° of article l. II. 561-9.
«2 ° a subsidiary of a person referred to in 1 ° to 6 ° of article L. 561 - 2 having its registered office in one of the States referred to in 1 ° and the condition that the parent company certify both verifies that its subsidiary proceeded to the identification of the beneficial owner, and access to the identification gathered by its subsidiary;
«3 ° a person referred to in 1 ° to 6 ° of article L. 561 - 2 which does not comply with the conditions laid down at the 1 ° or 2 °, if the person subject to the obligation to identify ensures that his client implements the identification procedures equivalent to those applied in the Member States of the Union European and that it has access to the identification of beneficial owners.»
"However, the requirement to identify the beneficial owner may be deemed satisfied if the person with whom the person subject to this obligation established business relationship is established or has its head office in a country that is was the subject of a decision by the Commission European noting that it does impose identification obligations equivalent to those of the Member States of the Union European". , is mentioned by an international body involved in the fight against money laundering or the financing of terrorism among those whose legislation or practices impede;
«4 ° a body of collective investments, a management company or a management company of the representative portfolio, which are approved by the competent authority of a Member State of the Union European or of a State party to the agreement on the European economic area or of a third country imposing requirements equivalent in the fight against money-laundering and the financing of terrorism and on the list provided for in 2 ° of article l. II. 561-9. as the person subject to the obligation to identify is satisfied of the existence of such approval.
«Art.R. 561-9.-where a management company or a portfolio management company distributes the units or shares of an organization's collective investments through a person mentioned in 1 ° to 6 ° of article L. 561 - 2, which does not meet the conditions laid down at the 1 ° or 2 ° of article R. 561 - 8, the custodian shall ensure that the body of collective investment schemes or. where applicable, the management company or portfolio management Corporation entered into an agreement with that person stating that this last applies to identification procedures equivalent to that of the Member States of the European Union and it has access to the identification of the beneficial owner.
«Sub-section 3 "Identification of the occasional customer 'Art.R.»» 561 - 10.-I. — for the purposes of the provisions of article L. 561 - 5, is considered a casual customer anyone who speaks to one of the persons mentioned in article L. 561 - 2 for the sole purpose to prepare or perform a one-time operation or be assisted in the preparation or completion of such a transaction, that it is conducted in a single operation or in several operations that appear as linked together.
«II. — the persons mentioned in article L. 561 - 2 are required, even in the absence of suspicion that the transaction could participate in the laundering of capital and financing of terrorism, before carrying out the operation or to provide assistance to its preparation or implementation, to identify their occasional customer as well as, where applicable, the beneficial owner of the operation and to verify the identification of these elements. , in the following cases: "1 ° when the amount of the operation or operations related exceeds 15 000 euros, for persons other than those mentioned in the 7 ° and 9 ° of the same article;
«2 ° where the operation or operations related exceed 8 000 euros for the persons mentioned in 7 of the same article;
«3 ° Notwithstanding the 1 ° and 2 °, regardless of the amount of the operation when they perform an operation to transfer funds or offer services of custody of assets;
«4 ° Notwithstanding the 1 ° and 2 °, regardless of the amount of the operation for the money and the operations referred to in article L. 561 - 15.»
«Subsection 4 "new identification of the customer 'Art.R.»» 561-11.-when the persons mentioned in article L. 561 - 2 have good reason to think that the identity of their customer and the previously obtained identification are more accurate or relevant, they proceed again to the identification of the client.
«Subsection 5 "Obligations of constant vigilance on the relationship of business «Art.R.»» 561-12.-for the purposes of article L. 561 - 6, the persons mentioned in article L. 561 - 2: «1 ° before entering business, collect and analyze the information, among those appearing on the list drawn up by an order of the Minister in charge of the economy, needed to know their client as well as the object and the nature of the business relationship, to assess the risk of laundering of capital and financing of terrorism;
«2 ° for the duration of the business relationship, provide supervision adapted to the risks of laundering of capital and financing of terrorism to maintain adequate knowledge of their client;
«3 ° at any time are able to justify the authorities to control the adequacy of the due diligence measures that they have implemented to the laundering of capital and financing of terrorism risks of the business relationship.
«Sub-section 6 'implementation of the obligations of vigilance by the third "Art.R. 561 - 13.-I. — for the purposes of article L. 561 - 7, third, which implements the vigilance obligations laid down in articles L. 561 - 5 and L 561 - 6, met without delay at the disposal of the persons mentioned in 1 ° to 6 ° of article L. 561 - 2 the elements of information related to the identity of the client as well as, where appropriate, of the beneficial owner and the object and the nature of the business relationship.

«Third transmits, at first request, customer identification documents and, where appropriate, a copy of the beneficial owner as well as any relevant document to ensure these stagecoaches. ".
"An agreement can be signed between one-third and the persons referred to in 1 ° to 6 ° of article L. 561 - 2 for details of transmission of the evidence and control of updates stagecoaches implementation.
"II. ― persons mentioned in the 1 ° of article L. 561 - 2 can use, under conditions defined by an order of the Minister responsible for the economy, to providers to identify and verify the identity of their client for the operations referred to in article L. 311 - 2 of the code of consumption, the 6 ° of article L. 311 - 2 of the monetary and financial code and the second paragraph of article L. 313-1 of the code. '' They remain responsible for the implementation of the identification obligations.
«Sub-section 7 ' Obligations when it is put an end to the relationship of business «Art.R.»» 561-14.-when a person referred to in 1 ° to 7 ° of article L. 561 - 2 puts an end to the relationship with his client, in accordance with article L. 561 - 8, carried out, where appropriate, the declaration provided for in article L. 561 - 15.
«Sub-section 8 'Obligations in case of low risk of laundering of capital and financing of terrorism "Art.R. 561-15.-pursuant to article L. 561 II - 9, the persons mentioned in article L. 561 - 2 are not subject to vigilance obligations laid down in articles L. 561 - 5 and L 561 - 6, provided that there are no suspicions of laundering of capital and financing of terrorism, with respect to the following persons: "1 ° the client or, where applicable, the beneficial owner of the business relationship When it is, is: ' a) a person referred to in 1 ° to 6 ° of article L. 561 - 2 established in France, in another EU Member State European, in a State party to the agreement on the European economic area or in a third country imposing requirements equivalent in the fight against money laundering and the financing of terrorism and on the list provided for in 2 ° of article l. II. 561-9;
"(b) a listed company whose securities are admitted to trading on at least one regulated market in France or in a State party to the agreement on the European economic area or in a third country imposing the requirements of advertising compatible with Community law, on a list established by the Minister responsible for the economy;
«c) a public authority or a public body designated as such under the Treaty on the Union European, of the treaties establishing the communities, of secondary Community law, the law of a Member State of the Union European or any other from the France international commitment, and that it meets the following three criteria: ' i) his identity is accessible to the public, transparent and certain;
'(ii) its activities, as well as its accounting practices, are transparent;
"(iii) it is either accountable to a Community institution or to the authorities of a Member State, subject to appropriate procedures of control of its activity;
«2 ° the beneficial owner of amounts deposited on accounts held on behalf of third parties by notaries, bailiffs or members of another independent legal profession established in France, in a State party to the agreement on the European economic area or in a third country imposing requirements equivalent in the fight against money laundering and the financing of terrorism and on the list provided for in 2 ° of article l. II. 561-9. provided that the information relating to the identity of the beneficial owner should be made available to institutions acting as custodians for these accounts, when they so request.
«Art.R. 561-16.-pursuant to article L. 561 II - 9, the persons mentioned in article L. 561 - 2 are not subject to vigilance obligations laid down in articles L. 561 - 5 and L 561 - 6, provided that there are no suspicions of laundering of capital and financing of terrorism, when the operation concerns the following products: ' 1 ° contracts of life insurance which the annual premium does not exceed EUR 1 000 or the single premium shall not exceed 2» 500 EUR;
«2 ° insurance operations of branches 1 and 2, as defined in article R. 321 - 1 of the French insurance code, article R. 211 - 2 of the code de la Mutualité and in article R. 931-2-1 of the code of social security, the hazard insurance contracts referred to in article 1 of Act No. 89 - 1009 of December 31, 1989, strengthening the safeguards offered to persons insured against certain risks and contracts relating to the money-back guarantee. for a loan;
«3 ° the insurance operations of branches 3 to 18, as they are defined in article R. 321 - 1 of the code of insurance, article R. 211 - 2 of the code de la Mutualité and in article R. 931-2-1 of the code of social security and depending on the sizes of bonuses, fixed by order of the Minister in charge of the economy;
«4 ° retirement insurance that do have a redemption clause cannot be used as collateral and the output is made in pension upon departure to retirement, such as those referred to in articles L. 132 - 23, L. 143 - 1, L. 144 - 1, L. 144 - 2 and L. 441 - 1 of the code of insurance, articles L. 222 - 1, 222 - 2 and L. 223 - 22 of the code de la Mutualité and articles L. 911-1. , L. L. 932 - 14 and L. 932 932-1 - 24 of the code of social security;
«5 ° the electronic currency, provided that the maximum capacity of the media does not exceed EUR 250 if support cannot be recharged or, if support can be recharged provided that a limit of 2,500 euros is fixed for the total amount of transactions in a calendar year. However, as soon as a claim relates to a unit amount or a total of at least 2 500 euros during the same calendar year, the persons mentioned in article L. 561 - 2 are required to comply with the obligations laid down in articles L. 561 - 5 and L 561 - 6;
«6 ° financing of physical owned assets is not transferred to the client or can be only upon termination of the contractual relationship and exceeding the financial rent not 15 000 euro excluding taxes annually, the transaction to be performed in a single operation or in several operations that appear as related and subject that repayment is carried out exclusively by an account opened on behalf of the client from a person referred to in 1 ° to 6 °. Article L. 561 - 2 established in a Member State of the European Union or in a State party to the agreement on the European economic area;
«7 ° operations of consumer credit provided for in articles L. 311 - 1 and following of the French consumer code, insofar as they exceed not € 4,000 and subject that the repayment of this loan is carried out exclusively by one account opened on behalf of the client from a person referred to in 1 ° to 6 ° of article L. 561 - 2 established in a Member State of the Union European or in a State party to the European economic area agreement;
«8 ° sums paid on a savings plan business in accordance with Book III of part III of the labour code, with the exception of the voluntary contributions of the beneficiaries of a plan of savings mentioned in article L. 3332-11 of the same code, when these payments exceed 8 000 euros, or they are not made from an account opened on behalf of the beneficiary or his employer from a person referred to in 1 ° to 6 ° of article l.. 561-2. established. in a Member State of the European Union or in a State party to the agreement on the European economic area;
«9 ° sums paid on a savings plan for retirement collective in accordance with Book III of part III of the labour code, with the exception of voluntary beneficiaries of an employee savings plan payments referred to in article L. 3332-11 of the same code, when these payments exceed 8 000 euros, or they are not made from an account opened on behalf of the beneficiary or his employer from a person referred to in 1 ° to 6 ° of article L. 561-2 established in a Member State of the European Union or in a State party to the European economic area agreement;
«10 ° securities accounts for the purposes of benefit of a reserved capital increase of free shares, warrants or options to purchase shares granted in accordance with articles L. 225 - 177 to l 225-186-1 of the code of commerce and as far as they exceed a value of 15,000 euros.»
«Art.» 561 - 17.-I. — an order of the Minister responsible for the economy fixed the list of contracts fulfilling the conditions laid down in 1 ° of article R. 561 - 16, the amounts of premiums for insurance of the 3 to 18 branches mentioned the 2 ° and 3 ° of the same article and the other detailed rules for the application of this article.
"II. ― for the implementation of the derogations provided for in articles R. 561 - 15 and R. 561 - 16, the persons mentioned in article L. 561 - 2 collect, in each case, sufficient information to establish if the customer or the product meets the requirements to qualify for these exemptions. ''
«Sub-section 9 ' vigilance measures complementary «Art.R.»» 561 - 18.-I. — the client mentioned to 2 ° of article L. 561 - 10, which is exposed to risks due to their duties, is a person residing in one country other than the France and who carries or has ceased since less than a year one of the following functions:

«1 ° head of State, head of Government, Member of a national Government or the European Commission;
2 ° member of a national Parliament or the European Parliament;
«3 ° member of a supreme court, a constitutional court or another high court whose decisions are not, unless exceptional circumstances, subject to appeal;
«4 ° Member of the Court of Auditors;
«5 ° leader or member of the management body of a Central Bank;
«6 ° Ambassador, chargé d'affaires, consul general and consul of career;
«7 ° officer general or senior officer ensuring the command of an army;
«8 ° Member of a governing body, management or supervision of a public company;
«9 ° leader of a public international institution established by a treaty.
«II. ― are regarded as persons known to be direct members of the family of the customer mentioned to 2 ° of article L. 561 - 10: "1 ° the spouse or the notorious cohabitant;
2 ° the partner bound by a civil solidarity pact or by a contract of partnership registered under a foreign law;
«3 ° lineal ascendants, descendants and allies, in the first degree, as well as their spouses, their partners bound by a civil solidarity pact or a partnership registered under a foreign law contract.
"III. ― are regarded as persons known to be closely associated with the client mentioned to 2 ° of article L. 561 - 10:" 1 ° any person identified as being the beneficial owner of a Corporation jointly with this customer;
«2 ° any person known as maintaining business ties with this client.
«Art.R. 561-19.-products or operations referred to 3 ° of article L. 561 - 10 are good and anonymous titles so that operations relating to these good and anonymous titles. ''
«Art.R. 561 - 20.-I. — in the cases provided for in article L. 561 - 10, the persons mentioned in article L. 561 - 2 apply, in addition to the measures provided for in articles L. 561 - 5 and L 561 - 6, at least an extent among the following additional vigilance measures: "1 ° obtain additional supporting documents to confirm the identity of the person with whom they are in business relationship;
«2 ° implement measures of verification and certification of the copy of the official document or extract from official register mentioned in article R. 561 - 5 by a third party independent of the person to identify;
«3 ° require that the first payment of the operations is carried out to an account opened on behalf of the client from a person referred to in 1 ° to 6 ° of article L. 561 - 2 established in a Member State of the Union European or in a State party to the European economic area agreement. ''
«4 ° confirmation of the identity of the client on the part of a person referred to in 1 ° to 6 ° of article L. 561 - 2 established in a Member State of the European Union or in a State party to the agreement on the European economic area. Confirmation is addressed directly by this person to that demanding identification and specify the name and coordinates of the representative of the person who issued the. This confirmation may also be obtained from one of the above-mentioned persons established in a third country imposing requirements equivalent in the fight against money laundering and the financing of terrorism and on the list provided for in the 2 ° of article L. 561 I - 9, which is in business relationship with the person referred to in article L. 561 - 2 established in a Member State of the Union European or in a State party to the European economic area agreement.
"II. — However, notwithstanding the I, for the opening of an account, are implemented measurement of mentioned additional vigilance at the 3 ° of the I as well as one of the measures listed in the I;
«III. — when the client is a person referred to in article R. 561 - 18 or becomes during the business relationship, people mentioned in article L. 561 - 2 apply across the following additional due diligence measures, in addition to the measures provided for in articles L. 561 - 5 and L 561 - 6: '1 ° they define and implement procedures, tailored to the risk of laundering of capital and financing of terrorism» , to determine if their client is a person referred to in article R. 561 - 18;
«2 ° the decision to establish a business relationship with this person cannot be taken by a member of the Executive or any person empowered for this purpose by the Executive Body;
«3 ° they are looking for, for the assessment of the risks of laundering of capital and financing of terrorism, the origin of heritage and the funds involved in the business relationship or transaction.
«Sub-section 10 ' enhanced due diligence measures «Art.R.»» 561-21.-when they enter into an agreement to offer a service of correspondent banking, cash or discount of cheques or establish a business relationship for the distribution of financial instruments mentioned in article L. 211 - 1 with financial bodies referred to in article L. 561-10-1, taxable persons referred to in that article: "1 ° collect on the establishment party with sufficient information to know the nature of its activities and enjoy on the basis of information available to the public and exploitable, reputation and the quality of the supervision to which it is subject.
«2 ° evaluate operative to fight against money laundering and put terrorism financing in place by the institution counterparty;
«3 ° ensure that the decision to establish a business relationship with the party establishment is made by a member of the Executive or any person empowered for this purpose by the Executive Body;
«4 ° provide in the convention of correspondent bank or distribution of financial instruments procedures for transmission of the information at the request of the subject establishment;
«5 ° shall ensure, when they host within the services of bank correspondence, correspondent accounts that are used directly by third parties independent for performing operations on their own account, that the purchasing credit institution has verified the identity of the customers having direct access to these accounts of correspondent and has implemented with respect to these reviews of the due diligence measures in line with those laid down in articles L. 561 - 5 and L. 561-6.»
«Art.R. 561-22.-the results of the strengthened review prescribed in article L. 561-10-2 are recorded in writing and maintained as laid down in article L. 561 - 12»
«Section 4 "reporting requirements" sub-section 1 "Designation of a reporter and a correspondent «Art.R.»»»»»» 561 - 23.-I. — the persons referred to in 1 ° to 7 ° of article L. 561 - 2 communicate service mentioned in article R. 561 - 33 and their supervisory authority referred to in article L. 561 - 36 the identity of their officers or employees authorized to carry out the statements prescribed by article L. 561 - 15.
' For the other persons mentioned in article L. 561 - 2, the communication of the identity and the quality of the person empowered to make this declaration is made by a separate document, attached in support of the first transmitted statement in the service mentioned in article R. 561 - 33 in application of article L. 561 - 15. '
"II. ― any changes concerning persons entitled pursuant to the I, that respond to the Notifier name, must be worn, without delay, to the knowledge of this service and their supervisory authority, if necessary.
' III. — any officer of a corporation referred to in article L. 561-2 or an officer of the Corporation can take the initiative to report himself to the service referred to in article R. 561 - 33, in exceptional cases, in particular because of the urgency, an operation annexed it must be pursuant to section L. 561 - 15. ' This statement is confirmed as soon as possible, by the person entitled.
"IV. — people mentioned in the 12 ° and 13 ° of article L. 561 - 2 personally fulfil the obligation referred to in article L. 561 - 15, regardless of the terms of their professional practice."
«Art.R. 561-24.-the persons referred to in 1 ° to 7 ° of article L. 561 - 2 communicate service mentioned in article R. 561 - 33 and their supervisory authority referred to in article L. 561 - 36 the identity of their officers or employees, to meet the demands of this service and this authority and disseminate to members concerned the information staff. advice or recommendations of a general nature in emanating.
' Other persons mentioned in article L. 561 - 2 carry out this same designation to this service in the separate document mentioned in the second paragraph I of article R. 561 - 23 accompanying the first statement mentioned in article L. 561 - 15. '
"Any change thus designated persons, who meet the corresponding appellation, must be worn, without delay, to the knowledge of the service and their supervisory authority.
'The persons mentioned in article L. 561 - 2 shall ensure that the corresponding functions are ensured with the continuity needed to be able to respond, in a timely manner, to requests for the service mentioned in article R. 561 - 33'

«Art.R. 561-25.-Auditors, accountants, notaries, bailiffs, court administrators, legal representatives, lawyers when they are acting as trustees and judicial auctioneers are responsible, individually, regardless of the terms of their professional practice, to respond to any request from the service referred to in article R. 561 - 33 and receive acknowledgments of statements made by the Agency in accordance with the provisions of article L. 561-15..
«Art.R. 561-26.-for lawyers at the Council of State and the Court of cassation, the lawyers, except when they are acting as Trustees, and solicitors the courts of appeal, the person responsible for responding to any request from the service referred to in article R. 561 - 33 and receive acknowledgments of statements made by the Agency in accordance with the provisions of article L. 561 - 15 is. as appropriate, with the option of delegation for each of them, the president of the order of lawyers at the Council of State and the Court of cassation, the Bâtonnier of the order with which the lawyer is registered or the president of the company which the solicitor.
"These authorities shall transmit the application or receipt immediately to the concerned professional. However, the transmission of the acknowledgement of receipt has no place if the professional has indicated expressly do not want to be recipient.
"Art.R. 561-27.-correspondents and reporting designated by the same person mentioned in article L 561 - 2 shall communicate the information brought to their attention by the service referred to in article R. 561 - 33 and keep informed of requests that come in."
«Art.R. 561-28.-the persons referred to in 1 ° to 6 ° of article L. 561 - 2, financial companies and financial companies mixed holding company established in France or involved in freedom to provide services under the conditions defined in article L. 511 - 24, which belong to the same group as defined in III of article L. 511 - 20, article l 334 - 2 of the insurance code. , in article L. 212 - 7 of the code de la Mutualité or 7 ° of article L. 212-7-1 of the code, may agree, in accordance with the parent company, mutual combinante, or the reference agency as defined in 1 ° of article L. 212-7-1 of the code of mutuality, of a joint designation for the purposes of articles R. 561 - 23 and R. 561 - 24 and subject the persons thus empowered to perform their duties in France. In this case, the Group shall communicate the identity of these persons service referred to in article R. 561 - 33 and each control authority.
«Art.R. 561-29.-the persons referred to in 1 ° to 6 ° of article L. 561 - 2 belonging to a group share the information needed to be vigilant in the group in the fight against money laundering and the financing of terrorism, including customer-related information under the conditions laid down in article L. 561 - 34, with subsidiaries financial institutions established in France and ". If permitted by law that is applicable to them, with foreign entities. These people also define procedures coordinated to ensure, in the foreign entities of the group, a level of vigilance at least equivalent to that imposed in France, except if the law of the State where these entities are located obstacle. In the latter case, the persons referred to in 1 ° to 6 ° shall inform this situation the service referred to in article R. 561 - 33 and the supervisory authority concerned, pursuant to article L. 561 - 34.
«Art.R. 561-30.-the persons referred to in 1 ° of article L. 561 - 2 and are affiliated to a central body may, with the latter's agreement, designate, for the purposes of articles R. 561 - 23 and R. 561 - 24, one or more persons specially empowered for this purpose in another establishment subject belonging to the same network and provided that the latter exercise their functions in France. ''
«Subsection 2 "content and filing «Art.R.»» 561 - 31.-I. — the declaration made pursuant to article L. 561 - 15, duly signed, must include the identification elements and details of relevant persons in accordance with the provisions of article R. 561 - 23.
"The declaration mentioned the elements of identification and knowledge of the customer and, where applicable, the beneficial owner, the purpose and nature of the business relationship, the description of the operations concerned, as well as the elements of analysis that led the person referred to in article L. 561 - 2 to establish this relationship. '' It is accompanied by any part or supporting document relevant to its exploitation by the mentioned service in article R. 561 - 33.
"When the declaration made in application of article 561 - 15 door on a transaction that has not yet been executed, it indicates where appropriate its execution time. When it concerns an attempt of money laundering, the statement includes the identity of the customer and other information that could be collected.
«II. — the Minister of the economy sets by order the form and mode of transmission of this statement, adapted, where appropriate, on the basis of the activity of the reporting institution and its size.
"III. — subject to the exception provided for in article L. 561 - 18, the statement may be given verbally by the service referred to in article R. 561 - 33, in the presence of the registrant designated in accordance with article R. 561 I - 23. The oral statement is accompanied by delivery of any part or document from its support.
«Art.R. 561-32.-transmission of the declaration provided for in the first paragraph of article L. 561 - 17 and that of the parts communicated pursuant to article L. 561 II - 26 are carried out within the maximum period of eight days from their receipt by the recipient, therefore that the conditions laid down in article L. 561 - 3 are met. ".
«Section 5 "the national financial intelligence unit 'Art.R.»» 561-33.-service to national competence TRACFIN (information processing and action against clandestine financial circuits), provided for in article L. 561 - 23, is attached to the Minister of the economy and the Minister in charge of the budget and tasks of: "1 ° receive and process, under the conditions laid down by the legislation in force, the statements prescribed by article L. 561 - 15 as well as the other information provided for in chapter I of title VI of book V of the legislative part of. This code;
«2 ° collect, process and disseminate intelligence relating to the offences referred to in article L. 561 - 15;
«3 ° animate and coordinate, as appropriate, at the national and international levels, means of investigation available to the authorities or services under the Minister responsible for the economy and the Minister in charge of the budget, as well as agencies attached to it, to search for the offences mentioned in article L. 561-15;
«4 ° participate in the study of the measures to be implemented to thwart clandestine financial circuits, money-laundering and the financing of terrorism;
«5 ° develop, in conjunction with the relevant directorates under the Minister responsible for the economy and the Minister responsible for the budget, international action to combat clandestine financial circuits, money-laundering and the financing of terrorism.
«Art.R. 561-34.-national competence TRACFIN service is headed by a Director and a Director Assistant, designated by order joint of the Minister in charge of the economy and the Minister in charge of the budget. ''
«It is composed of a Department of investigations, an institutional Department and a service responsible for General Affairs, under conditions laid down by a joint order of the Ministers of the economy and the budget.
«Art.R. 561 - 35.-I. ― Peuvent only be assigned to TRACFIN service public officials of the State previously authorized. ''
"II. ― staff assigned to service TRACFIN or working under the authority of this service are, if necessary, empowered in accordance with the current regulations on the protection of national defence secrets.
"III. ― entitlements provided for in the I and II are issued for officers by the Minister responsible for the economy. ''
"Art.R. 561 - 36.-I. ― the TRACFIN service notifies in writing, directly and by any means, from the person designated pursuant to article R. 561 I - 23, his opposition to the achievement of a transaction. ''
"II. ― for counsel to the Council of State and the Court of cassation, the lawyer, except when he acts as trustee and Attorney, the notification is made, under the same conditions as the I, as appropriate, to the president of the order of lawyers at the Council of State and the Court of cassation, to the Bâtonnier of the order with which the lawyer is registered or to the president of the company which the solicitor. '' These authorities shall transmit without delay the notification of the opposition to the person concerned.
"III. ― the request of TRACFIN service under the president of the tribunal de grande instance of Paris is provided, by way of derogation from article 813 of the code of civil procedure of the obligation of submission by counsel or by a public or ministerial officer.

«Art.R. 561 - 37.-I. — for the purposes of the first paragraph of article L. 561 I - 28, TRACFIN service shall inform, in writing and by any means a person designated pursuant to article R. 561 I - 23 of transmittal to the Attorney of the Republic of the information note mentioned in II of article L. 561 - 23, within a period of fifteen days from this transmission.»
"II. — for the purposes of the second paragraph of article L. 561 I - 28, informed service President of the order of lawyers at the Council of State and the Court of cassation, the Bâtonnier of the bar association or the president of the company's solicitors of the transmission of the declaration to the Prosecutor of the Republic, under the same conditions as the I of this article.
"These authorities shall transmit this information without delay to the person concerned.
«Section 6 "Procedures and internal control «Art.R.»» 561 - 38.-I. — for the purposes of article L. 561 - 32, the persons referred to in 1 ° to 7 ° of article L. 561 - 2, with the exception of those on which the financial markets authority exercises a power of control and punishment under 2 ° of article L. 561 I - 36: "1 ° shall designate one member of management responsible for the implementation of the mechanism provided for in article L. 561-32;
«2 ° develop a classification of risks of laundering of capital and financing of terrorism submitted by their activities, according to the degree of exposure to these risks appreciated in function of the nature of the products or services offered, the conditions of the proposed transactions, channels used distribution as well as the characteristics of the customers;
«3 ° determine, if need be, a profile of the business relationship with the customer, to detect anomalies in this relationship, the risks of laundering of capital and financing of terrorism;
«4 ° define the procedures to be applied for the control of risks, in implementing the related customer due diligence measures, conservation of parts, the detection of unusual or suspicious transactions and compliance with the obligation to declare to the service TRACFIN;
«5 ° implementing procedures for the periodic and permanent control, the risks of laundering of capital and financing of terrorism;
«6 ° take into account, in the recruitment of their staff, depending on the level of responsibilities exercised by them, the risks as regards the fight against money laundering and the financing of terrorism.
"An order of the Minister in charge of the economy said the modalities of implementation of these procedures and measures of internal oversight.
«II. ― insurance intermediaries subject to the obligations of vigilance and statement under 2 ° of article L. 561 - 2 and the persons mentioned in the 5 of the same article do implement the procedures and measures provided for in the I only if they are compatible with their status, their missions and their activity level and under conditions defined by an order of the Minister responsible for the economy. ''
"III. ― the persons mentioned in article L. 561 - 2 other than those mentioned in the I and II of this article shall implement procedures and internal controls in the fight against money-laundering and the financing of terrorism defined by their supervisory authorities."


Article 2 more on this article...

Decree No. 2009 - 874 taken for the application of article L. 561 II - 15 code monetary and financial as of July 16, 2009 and published on July 18, 2009 in the Official Journal of the French Republic is codified under the following conditions: 1 ° article 1 thereof becomes the I of article D. 561-32-1 and the words: "in article L. 561 - 15 - abovementioned II ' are replaced by the words : "II of article L. 561 - 15 ';
2 ° article 2 becomes the II article D. 561-32-1, and in the first subparagraph, the reference to article L. 561 - 15 - II is replaced by the reference to the II of article L. 561 - 15.


Article 3 read more on this article...

Article R. 312 - 2 of the monetary and financial code is amended as follows: 1 ° the first paragraph is replaced by two paragraphs thus worded: "the banker must prior to the opening of an account, check the home and the identity of the applicant, who is required to submit an official document bearing his photograph. The banker must collect and store the following information: name, first names, date and place of birth of the applicant, nature, date and place of issue of this document and name of the authority or the person who issued it or authenticated.
"For the opening of an account in the name of a legal person, the banker calls the shipment or any copy or extract from official register dating less than three month noting the name, legal form, address of the registered office and the identity of leaders or the presentation of the original.";
2 ° in the second paragraph, which becomes the third, the words: 'the foregoing provisions' shall be replaced by the words: "of the provisions of the first paragraph.


Article 4 more on this article...

The Minister of State, custody of the seals, Minister of justice and freedoms, Minister of economy, industry and employment and Minister of budget, public accounts and public service reform of the State are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, on September 2, 2009.
François Fillon Prime Minister: the Minister of economy, industry and employment, Christine Lagarde Minister of State, keeper of the seals, Minister of justice and freedoms, Michèle Alliot-Marie the Minister of budget, public accounts, the public service and State reform, Eric Woerth