Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Considering Directive 2005/60/EC of the European Parliament and the Council of 26 October 2005 on the prevention of the use of the financial system for money-laundering and the financing of terrorism;
In light of Commission Directive 2006/70/EC of 1 August 2006 on measures to implement Directive 2005/60/EC of Parliament and Council with respect to the definition of "politically exposed persons" and the technical conditions for the application of simplified obligations of vigilance with respect to customers and the exemption on the basis of a financial activity carried out on an occasional or very limited scale;
Vu le Civil code ;
Vu le insurance code ;
Vu le Trade code ;
Vu le Consumer code ;
Vu le monetary and financial codeincluding title VI of Book V of its legislative part;
Vu le code of mutuality ;
Considering the Civil Procedure Code;
Vu le Social Security Code ;
Vu le Labour code ;
Vu la Act No. 78-17 of 6 January 1978 modified on computers, files and freedoms;
Vu la Act No. 89-1009 of 31 December 1989 strengthening safeguards for insured persons against certain risks;
See?Order No. 2009-104 of 30 January 2009 on the prevention of the use of the financial system for money laundering and the financing of terrorism, ratified and amended byArticle 140 of Law No. 2009-526 of 12 May 2009 simplifying and clarifying the law and alleviating procedures and modified byArticle 9 of Act No. 2009-888 of 22 July 2009 development and modernization of tourism services;
Having regard to the opinion of the Higher Council of the mutuality of 25 June 2009;
Having regard to the advice of the Advisory Board on Financial Legislation and Regulation dated 1 July 2009;
Considering the opinion of the National Commission on Informatics and Freedoms of 9 July 2009;
The State Council (Finance Section) heard,
Decrete:
Title VI of book V of the regulatory part of the monetary and financial code is thus amended:
1° Chapter I replaces chapters I, II and III;
2° Chapter IV becomes Chapter II and is titled "Obligations relating 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3° Chapter V is repealed;
4° Articles R. 562-1 to R. 562-8, R. 563-1 to R. 563-4 and R. 565-1 to R. 565-4 are repealed;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
“Laundering obligations
and Financing of Terrorism
“Section 1
“People subject to a reporting obligation
to the Public Prosecutor
"This section does not include regulatory provisions.
“Section 2
"People subject to the obligations of struggle
against money-laundering and the financing of terrorism
"Subsection 1
“Effective Beneficiary
"Art.R. 561-1.-When the client of one of the persons referred to in Article L. 561-2 is a corporation, an effective beneficiary of the transaction means the natural person(s) who is held, directly or indirectly, more than 25% of the capital or voting rights of the corporation, or, by any other means, exercise control over the organs of management, administration or direction of the corporation or its other means.
"Art.R. 561-2.-Where the client of one of the persons referred to in section L. 561-2 is a collective investment organization, the physical person or persons who are directly or indirectly holding more than 25% of the shares or shares of the organization, or exercising control over the organs of administration or management of the collective investment organization, or
"Art.R. 561-3.-Where the client of one of the persons referred to in section L. 561-2 is a legal entity that is neither a corporation nor a collective investment agency, or where the client intervenes within the framework of a trust or any other comparable legal device under a foreign law, an effective beneficiary of the transaction shall be the natural person or persons who meet any of the following conditions
« 1° They are intended, by virtue of a legal act that has designated them for that purpose, to become holders of rights bearing at least 25 per cent of the property of the legal person or property transferred to a fiduciary heritage or any other comparable legal device under foreign law;
« 2° They belong to a group in the main interest of which the legal person, trust or any other comparable legal device under a foreign law has been constituted or produced its effects, where the natural persons who are the beneficiaries have not yet been designated;
« 3° They are entitled to at least 25% of the property of the legal person, trust or any other comparable legal device under foreign law;
« 4° They have the status of constituent, trustee or beneficiary under the conditions set out in Title XIV of Book III of the Civil Code.
"Subsection 2
"Additional financial activity
"Art.R. 561-4.-Constitutes, for the purposes of section L. 561-4, a financial activity incidental to the insurance intermediation activity when it meets all of the following conditions:
« 1° It consists only of presenting, proposing or assisting in the conclusion of contracts relating to insurance products that are only the complement of the product or service provided under the main activity;
« 2° It does not exceed 5% of the total turnover of the data subject, according to the accounts established for the last accounting year;
« 3° The amount of the annual premium per contract and per customer does not exceed 1,000 euros;
« 4° The annual turnover of this activity does not exceed 50,000 euros, whether it is life insurance or damage insurance, according to the accounts established for the last accounting year.
“Section 3
"Obligations of vigilance with respect to customers
"Subsection 1
"Customer identification
"Art.R. 561-5.-For the purposes of Article L. 561-5, the persons referred to in Article L. 561-2 shall verify the identity of the client and, where applicable, the identity and powers of the persons acting on behalf of the client, under the following conditions:
« 1° When the client is a natural person, by the presentation of a valid official document with his photograph. The mentions to be noted and retained are the name, name, 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 person who issued the document and, where applicable, authenticated it;
« 2° When the client is a legal entity, by the communication of the original or copy of any act or official record extract dating back to less than three months recognizing the name, legal form, address of the head office and the identity of the associates and social leaders mentioned to 1° and 2° of Article R. 123-54 of the Commercial Code or their equivalents in foreign law;
« 3° Where the identity check cannot be conducted in the presence of the natural person or the representative of the legal person, the persons referred to in Article L. 561-2 shall, pursuant to the provisions of Article L. 561-10, implement additional vigilance measures, among those provided for in Article R. 561-20.
"Art.R. 561-6.-An audit of the client's identity and, if applicable, of the beneficial owner, pursuant to Article L. II. 561-5, may be conducted only during the establishment of the business relationship, under the following conditions:
« 1° In the event of an opening of an account, the identity check shall take place no later than before the first transaction is carried out on that account;
« 2° In the event of the conclusion of a contract, the identity check shall take place at the latest at the time of this conclusion or before the commencement of the transaction that is the subject of the contract, provided, for the persons mentioned in Article L. 561-2, that they be able to justify to the supervisory authority their decision not to verify the identity of their client before entering into a business relationship by the need to continue the contracting relationship
« 3° In the event of an insurance contract, the verification of the identity of the beneficiary of the contract shall take place at the latest at the time of payment of the benefit to the beneficiary of the contract or at the time the beneficiary intends to exercise the rights conferred by the contract;
« 4° In the event of a transaction related to the financing of physical assets whose property is not transferred or is only terminated by the contractual relationship, the verification of the identity of the beneficiary of the contract shall take place at the latest at the time of payment of the first rent or first royalty.
"Subsection 2
" Identification of the beneficial owner
"Art.R. 561-7.-The persons referred to in Article L. 561-2 shall identify the beneficial owner of the business relationship, if any, by appropriate means and verify the identification elements collected on it by the collection of any appropriate document or evidence, taking into account the risks of money laundering and the financing of terrorism. They must be able to justify their diligence with the supervisory authorities. They retain these documents or supporting documents under the conditions set out in Article L. 561-12.
"Art.R. 561-8.-The obligation, for a person referred to in section L. 561-2, to identify the beneficial owner of the business relationship is deemed to be satisfied when the risk of money laundering or terrorist financing is low and that the client of that person is:
« 1° A person mentioned in 1° to 6° of Article L. 561-2, established or having its head office in France, in another Member State of the European Union, in a State Party to the Agreement on the European Economic Area or in a third country imposing equivalent obligations in the fight against money-laundering and the financing of terrorism and on the list provided for in 2° of Article L. 561-9;
« 2° A subsidiary of a person mentioned in the 1st to 6th of Article L. 561-2 having its head office in one of the States mentioned in the 1st and provided that the parent company certifies both that it verifyes that its subsidiary proceeds to the identification of the beneficial owner and that it has access to the identification elements gathered by its subsidiary;
« 3° A person mentioned in 1° to 6° of Article L. 561-2 who fails to meet the conditions set out in 1° or 2°, if the person subject to the obligation to identify ensures that his client implements identification procedures equivalent to those applied in the Member States of the European Union and has access to the identification elements of the actual beneficiaries.
"However, the obligation to identify the beneficial owner cannot be deemed to be satisfied if the person with whom the person subject to that obligation denies the business relationship is established or has its head office in a country that has been the subject of a decision of the European Commission that it does not impose obligations of identification equivalent to those of the States members of the European Union, or has been mentioned by an international body involved in the fight against capital
« 4° A collective investment agency, a management company or a portfolio management company the representative, which is approved by the competent authority of a Member State of the European Union or a State Party to the Agreement on the European Economic Area or a third country imposing equivalent obligations in the fight against money laundering and the financing of terrorism and on the list provided for in 2° of the II obligation of the Article L.
"Art.R. 561-9.-When a management corporation or a portfolio management corporation distributes the shares or shares of a collective investment organization by means of a person referred to in the 1st to 6th of Article L. 561-2, which does not meet the conditions set out in the 1st or 2nd of Article R. 561-8, the depositary shall ensure that
"Subsection 3
" Occasional client identification
"Art.R. 561-10.-I. ― For the purposes of the provisions of Article L. 561-5, is considered as an occasional client any person who addresses to one of the persons referred to in Article L. 561-2 for the exclusive purpose of preparing or carrying out a point operation or being assisted in the preparation or realization of such an operation, whether carried out in a single operation or in a number of transactions appearing to be linked between them.
“II. ― The persons referred to in Article L. 561-2 shall be held, even in the absence of any suspicion that the transaction may be involved in the laundering of capital or the financing of terrorism, before the operation is carried out or assists in its preparation or implementation, to identify their occasional client and, where applicable, the beneficial owner of the operation and to verify the identification of the persons, in the following cases:
« 1° When the amount of the transaction or related operations exceeds 15,000 euros, for persons other than those mentioned in the 7° and 9° of the same article;
« 2° When the amount of the transaction or related operations exceeds 8,000 euros, for the persons mentioned in the 7th article;
« 3° By derogation from 1° and 2°, regardless of the amount of the transaction, when they conduct a transfer of funds or offer assets custody services;
« 4° By derogation from 1° and 2°, regardless of the amount of the transaction, for the amounts and operations referred to in Article L. 561-15.
"Subsection 4
"New customer identification
"Art.R. 561-11.-When the persons referred to in Article L. 561-2 have good reason to believe that the identity of their client and the identification elements previously obtained are no longer accurate or relevant, they re-identify the client.
"Subsection 5
"Constant vigilance obligations on the business relationship
"Art.R. 561-12.-For the purposes of Article L. 561-6, the persons referred to in Article L. 561-2:
« 1° Before entering into a business relationship, collect and analyze information, among those on the list prepared by an order of the Minister responsible for the economy, necessary to the knowledge of their client as well as the object and nature of the business relationship, to assess the risk of money laundering and the financing of terrorism;
« 2° Throughout the business relationship, ensure adequate monitoring of the risks of money laundering and the financing of terrorism in order to maintain adequate knowledge of their client;
« 3° At any time, are able to justify to the supervisory authorities the adequacy of the vigilance measures they have implemented at the risk of money laundering and the financing of terrorism presented by the business relationship.
"Subsection 6
“Implementation of vigilance obligations by third parties
"Art.R. 561-13.-I. ― For the purposes of section L. 561-7, a third party, which implements the vigilance obligations set out in sections L. 561-5 and L. 561-6, shall, without delay, make available to the persons mentioned in the 1st to 6th of section L. 561-2 information relating to the identity of the client and, where applicable, the beneficial owner and the object and nature of the relationship of the client.
"The third party shall transmit to them, at first request, a copy of the identification documents of the client and, if any, of the beneficial owner and any relevant document to ensure such diligence.
"An agreement may be signed between the third party and the persons mentioned in 1° to 6° of Article L. 561-2 to specify the modalities for the transmission of the elements so collected and the control of the diligences implemented.
“II. ― Persons referred to in the 1st of section L. 561-2 may, under conditions defined by an order of the Minister responsible for the economy, use contractors to identify and verify the identity of their client for the transactions mentioned in theArticle L. 311-2 of the Consumer Code, 6° of Article L. 311-2 of the monetary and financial code and the second paragraph of Article L. 313-1 of the same code. They remain responsible for the implementation of identification obligations.
"Subsection 7
"Requirements when it is put an end to the business relationship
"Art.R. 561-14.-When a person mentioned in 1° to 7° of Article L. 561-2 terminates the business relationship with his client, pursuant to Article L. 561-8, the person shall, if any, make the declaration provided for in Article L. 561-15.
"Subsection 8
“Requirements for low risk of money laundering
Financing of Terrorism
"Art.R. 561-15.-In accordance with Article L. 561-9, the persons referred to in Article L. 561-2 are not subject to the vigilance obligations set out in Articles L. 561-5 and L. 561-6, provided that there is no suspicion of money laundering or terrorist financing, in respect of the following persons:
« 1° The client or, where applicable, the beneficial owner of the business relationship, where he or she is:
“(a) A person mentioned in the 1st to 6th of Article L. 561-2 established in France, in another Member State of the European Union, in a State Party to the Agreement on the European Economic Area or in a third country imposing equivalent obligations in the fight against money-laundering and the financing of terrorism and on the list provided for in the 2nd of Article L. 561-9;
“(b) A listed company whose securities are allowed to negotiate on at least one regulated market in France or in a State Party to the European Economic Area Agreement or in a third country imposing advertising requirements that are consistent with community law, on a list agreed by the Minister responsible for the economy;
"(c) A public authority or a public body, designated as such under the Treaty on the European Union, treaties establishing the Communities, derived community law, public law of a Member State of the European Union or any other international commitment of France, and that it meets the following three criteria:
“(i) Its identity is accessible to the public, transparent and certain;
“ii) Its activities and accounting practices are transparent;
“(iii) It is either responsible to a community institution or to the authorities of a Member State, or subject to appropriate procedures for controlling its activity;
« 2° The beneficial owner of the sums deposited on the accounts held on behalf of third parties by notaries, judicial officers 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 equivalent obligations in the fight against laundering and the financing of terrorism and on the list provided for in 2° of the II of Article L. 561-9,
"Art.R. 561-16.-In accordance with Article L. 561-9, the persons referred to in Article L. 561-2 are not subject to the vigilance obligations set out in Articles L. 561-5 and L. 561-6, provided that there is no suspicion of money laundering or terrorist financing, where the transaction relates to the following products:
« 1° Life insurance contracts whose annual premium does not exceed 1,000 euros or whose single premium does not exceed 2,500 euros;
« 2° Branch 1 and 2 insurance operations as defined in theArticle R. 321-1 of the Insurance Code, to thearticle R. 211-2 of the mutuality code and to theArticle R. 931-2-1 of the Social Security Code, insurance contracts relating to the risks mentioned inArticle 1 of Act No. 89-1009 of 31 December 1989 strengthening the guarantees offered to insured persons against certain risks and contracts with the purpose of guaranteeing a loan refund;
« 3° The insurance operations of branches 3 to 18, as defined in theArticle R. 321-1 of the Insurance Code, to thearticle R. 211-2 of the mutuality code and to theArticle R. 931-2-1 of the Social Security Code and according to the amounts of premiums, fixed by order of the Minister responsible for the economy;
« 4° Retirement insurance contracts that do not include a redemption clause may not be used as a guarantee and whose exit is made on annuity at the time of retirement, such as those mentioned in Articles L. 132-23, L. 143-1, L. 144-1, L. 144-2 and L. 441-1 of the Insurance Code, to articles L. 222-1, L. 222-2 and L. 223-22 of the mutuality code and Articles L. 911-1, L. 932-1, L. 932-14 and L. 932-24 of the Social Security Code ;
« 5° The electronic currency, provided that the maximum capacity of the support is not greater than 250 euros if the support cannot be reloaded or, if the support can be reloaded, provided that a limit of 2,500 euros is set for the total amount of operations over a calendar year. However, as soon as a claim relates to a unitary amount or a total amount of not less than Euro2,500 in the same calendar year, the persons referred to in Article L. 561-2 are required to meet the obligations set out in Articles L. 561-5 and L. 561-6;
« 6° The financing of physical assets whose property is not transferred to the customer or can be transferred only at the end of the contractual relationship and whose financial rent does not exceed 15,000 euros excluding taxes per year, whether the transaction is carried out in a single transaction or in several transactions appearing as related and subject to the fact that the refund is made exclusively by an account opened on behalf of the customer to a person mentioned in the 1st to 6th of the European Union.
« 7° The consumer credit transactions provided for in articles L. 311-1 et seq. of the Consumer Code, provided that they do not exceed 4,000 euros and provided that the refund of this credit is made exclusively by an account opened on behalf of the customer to a person mentioned in the 1st to 6th 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;
« 8° The sums paid on a business savings plan pursuant to Book III of Part 3 of the Labour Code, except for the voluntary payments of the beneficiaries of a salary savings plan referred to in Article L. 3332-11 of the same Code, when these payments exceed 8,000 euros or are not made from an account opened on behalf of the beneficiary or his employer to a person mentioned in the 1-2 Member State.
« 9° The sums paid on a savings plan for the collective pension pursuant to Book III of Part III of the Labour Code, with the exception of the voluntary payments of the beneficiaries of a salary savings plan referred to in Article L. 3332-11 of the same code, when these payments exceed 8,000 euros or are not made from an account opened on behalf of the beneficiary or his employer to a member State of the 1-2
« 10° Accounts for the purpose of benefiting from an increase in reserved capital, free shares, subscription options or purchase of shares issued in accordance with sections L. 225-177 to L. 225-186-1 of the Commercial Code and as long as they do not exceed a value of 15,000 euros.
"Art. 561-17.-I. ― An order of the Minister responsible for the economy sets out the list of contracts meeting the conditions set out in 1° of section R. 561-16, the amounts of premiums for the insurance operations of the branches 3 to 18 referred to in 2° and 3° of the same section and the other terms and conditions for the application of this section.
“II. ― For the implementation of the exemptions provided for in sections R. 561-15 and R. 561-16, the persons referred to in section L. 561-2 shall collect, in each case, sufficient information to determine whether the client or product meets the requirements for such exemptions.
"Subsection 9
“Additional vigilance measures
"Art.R. 561-18.-I. ― The client referred to in 2° of Article L. 561-10, who is exposed to particular risks because of his or her duties, is a person resident in a country other than France and who has been or has ceased to exercise for less than one 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 parliamentary assembly or the European Parliament;
« 3° Member of a Supreme Court, a Constitutional Court or another high court whose decisions are not, except exceptional circumstances, subject to appeal;
« 4° Member of an account court;
« 5° Leading or a member of the governing body of a central bank;
"6° Ambassador, Chargé d'affaires, Consul General and career consul;
« 7° General officer or superior officer in charge of an army;
« 8° Member of an administrative, executive or supervisory body of a public enterprise;
« 9° Head of a public international institution established by a treaty.
“II. ― are considered to be persons known to be direct members of the client's family referred to in 2° of Article L. 561-10:
« 1° The notorious spouse or concubin;
« 2° The partner bound by a civil pact of solidarity or a partnership contract registered under a foreign law;
« 3° On-line, the ascendants, descendants and allies, in the first degree, as well as their spouse, their partner bound by a civil pact of solidarity or a partnership contract registered under a foreign law.
"III. ― are considered to be persons known to be closely associated with the customer referred to in 2° of Article L. 561-10:
« 1° Any natural person identified as the beneficial owner of a legal person in conjunction with that client;
« 2° Any physical person known as maintaining close business ties with this client.
"Art.R. 561-19.-The products or operations mentioned in the 3rd of Article L. 561-10 are the anonymous vouchers and titles as well as the transactions relating to these anonymous vouchers and titles.
"Art.R. 561-20.-I. ― In the cases provided for in Article L. 561-10, the persons referred to in Article L. 561-2 shall apply, in addition to the measures provided for in Articles L. 561-5 and L. 561-6, at least one measure 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 verification and certification measures for the copy of the official document or the official registry extract referred to in R. 561-5 by an independent third party of the person to be identified;
« 3° Require that the first payment of the transactions be made from or to an account opened on behalf of the client to a person mentioned in the 1st to 6th 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.
« 4° Obtain a confirmation of the identity of the customer from a person mentioned in the 1st to 6th 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. The confirmation is sent directly by this person to the person requesting identification and specifies the name and contact details of the representative of the person who issued it. This confirmation may also be obtained from one of the above-mentioned persons established in a third country imposing equivalent obligations in the fight against money-laundering and the financing of terrorism and listed on the list provided for in 2° of I of Article L. 561-9, which is in business relationship with the person referred to in Article L. 561-2 established in a Member State of the European Union or in a State Party to the European Agreement.
“II. ― However, by derogation from I, for the opening of an account, are implemented the additional vigilance measure referred to in 3° of I and another of the measures listed in I;
"III. ― Where the client is a person referred to in section R. 561-18 or becomes a person in the business relationship, the persons referred to in section L. 561-2 shall apply all of the following additional vigilance measures, in addition to the measures provided for in sections L. 561-5 and L. 561-6:
« 1° They define and implement procedures, adapted to the risk of money laundering and the financing of terrorism, to determine whether their client is a person referred to in R. 561-18;
« 2° The decision to establish a business relationship with that person may only be taken by a member of the executive body or any person authorized to do so by the executive body;
« 3° They seek, for the assessment of the risks of money laundering and the financing of terrorism, the origin of the assets and funds involved in the business relationship or transaction.
"Subsection 10
“Improved vigilance measures
"Art.R. 561-21.-When entering into an agreement to provide a bank correspondent, cash or cheque deposit service or to establish a business relationship for the distribution of financial instruments referred to in section L. 211-1 with financial organizations referred to in section L. 561-10-1, the subject persons referred to in the latter section:
« 1° Collect sufficient information on the co-contracting institution to know the nature of its activities and to appreciate, on the basis of information accessible to the public and exploitable, its reputation and the quality of the monitoring it is subjected to;
« 2° Assess the anti-money-laundering and the financing of terrorism established by the co-contracting institution;
« 3° Ensure that the decision to establish a business relationship with the contracting establishment is made by a member of the executive body or any person authorized to do so by the executive body;
« 4° Provide in the bank correspondent agreement or distribution of financial instruments the modalities for the transmission of information at the request of the subject establishment;
« 5° Ensure, when they receive, in the context of banking correspondence services, the correspondent accounts that are used directly by independent third parties for the execution of transactions on their own behalf, that the co-contracting credit institution has verified the identity of customers with direct access to these correspondent accounts and has implemented in respect of these customers vigilance measures in accordance with those provided for in sections L. 561-6 and L.
"Art.R. 561-22.-The results of the strengthened examination prescribed in section L. 561-10-2 shall be recorded in writing and retained in accordance with the terms and conditions set out in section L. 561-12.
“Section 4
“Reporting obligations
"Subsection 1
"Designation of a declarant and a correspondent
"Art.R. 561-23.-I. ― The persons referred to in 1° to 7° of section L. 561-2 shall communicate to the service referred to in section R. 561-33 and to their supervisory authority designated in section L. 561-36 the identity of their officers or officers authorized to make the declarations prescribed in section L. 561-15.
"For the other persons referred to in Article L. 561-2, the communication of the identity and quality of the person authorized to make the declaration shall be made by a separate document, together with the support of the first declaration transmitted to the service referred to in Article R. 561-33 pursuant to Article L. 561-15.
“II. ― Any change concerning the persons authorized under I, who respond to the label of declarant, must be brought, without delay, to the knowledge of this service and their control authority, if any.
"III. ― An officer of a legal person referred to in section L. 561-2 or an officer of that legal person may take the initiative to declare himself at the service referred to in section R. 561-33, in exceptional cases, in particular because of the urgency, an operation appearing to him to be required under section L. 561-15. This statement is confirmed, as soon as possible, by the authorized person.
"IV. ― The persons referred to in the 12th and 13th of Article L. 561-2 shall personally fulfil the obligation of declaration referred to in Article L. 561-15, regardless of the terms and conditions of their professional exercise.
"Art.R. 561-24.-The persons referred to in 1° to 7° of Article L. 561-2 shall communicate to the service referred to in Article R. 561-33 and to their control authority designated in Article L. 561-36 the identity of their officers or officers, responsible for responding to the requests of that service and authority and for ensuring the dissemination to the members concerned of the general information, advice or recommendations
"The other persons referred to in Article L. 561-2 shall make the same designation to that service in the separate document referred to in the second paragraph of Article I R. 561-23 accompanying the first declaration referred to in Article L. 561-15.
"Every change concerning the persons so designated, who respond to the corresponding name, must be brought, without delay, to the knowledge of the service and their control authority.
"The persons referred to in Article L. 561-2 shall ensure that the functions of correspondent are ensured with the continuity necessary to be able to respond, within the time constraints, to the requests of the service referred to in Article R. 561-33.
"Art.R. 561-25. -The auditors, auditors, accountants, notaries, judicial officers, judicial administrators, judicial agents, lawyers when acting as trustees and judicial commissioners are responsible, individually, regardless of the terms and conditions of their professional exercise, to respond to any request from the service referred to in R. 561-33 and to receive the accused of receiving statements made by the agency.
"Art.R. 561-26.-For lawyers to the Council of State and the Court of Cassation, lawyers, except when acting as trustees, and confessed to the courts of appeal, the person responsible for responding to any request from the service referred to in article R. 561-33 and to receive the accused of receiving statements made by the body in application of the provisions of the article 15
"These authorities transmit the request or the acknowledgement of receipt immediately to the professional concerned. However, the communication of the acknowledgement of receipt does not take place if the professional expressly indicated that they do not wish to receive it.
"Art.R. 561-27.- Correspondents and declarants designated by the same person referred to in section L. 561-2 shall communicate to their knowledge the information provided by the service referred to in section R. 561-33 and shall be informed of the requests emanating from it.
"Art.R. 561-28.-People referred to in 1° to 6° of Article L. 561-2, the financial companies and the mixed holding financial companies established in France or engaged in the free provision of services under the conditions defined in Article L. 511-24, which belong to the same group, as defined in the III of Article L. 511-20, atarticle L. 334-2 the insurance code,Article L. 212-7 of the mutuality code or at the 7th of Article L. 212-7-1 of the same code, may agree, in agreement with the parent company, the combinating mutual or reference body as defined in the 1° of article L. 212-7-1 of the mutuality codea joint designation, for the purposes of sections R. 561-23 and R. 561-24 and subject to the exercise by the persons so authorized in France. In this case, the group communicates the identity of these persons to the service referred to in R. 561-33 and to each control authority concerned.
"Art.R. 561-29.-The persons mentioned in the 1st to 6th of Article L. 561-2 belonging to a group exchange the information necessary for vigilance in the group in the fight against money laundering and the financing of terrorism, including for information relating to the clientele under the conditions provided for in Article L. 561-34, with the subsidiary financial institutions established in France and, if the law applicable to them, These persons also define coordinated procedures to ensure, in the foreign entities of the group, a level of vigilance at least equivalent to that imposed in France, unless the law of the State in which these entities are established hinders it. In the latter case, the persons mentioned in 1° to 6° inform of this situation the service referred to in article R. 561-33 and the control authority concerned, pursuant to article L. 561-34.
"Art.R. 561-30.-People referred to in the 1st of Article L. 561-2 and affiliated to a central body may, with the agreement of the central body, designate, for the purposes of Articles R. 561-23 and R. 561-24, one or more persons specially authorized for this purpose in another subject institution belonging to the same network and subject to the condition that they exercise their functions in France.
"Subsection 2
“ Content and transmission of statements
"Art.R. 561-31.-I. ― The declaration made pursuant to Article L. 561-15, duly signed, shall include the identification elements and contact details of the persons authorized in accordance with the provisions of Article R. 561-23.
"The statement refers to the identification and knowledge elements of the client and, where applicable, the beneficial owner, the object and nature of the business relationship, the description of the transactions concerned, and the analytical elements that led the person referred to in section L. 561-2 to establish that relationship. It shall be accompanied by any supporting document or document useful to its operation by the service referred to in R. 561-33.
"When the declaration made pursuant to Article L. 561-15 relates to an operation that has not yet been carried out, it shall indicate the period of execution if applicable. When it comes to an attempt to bleach, the statement includes the client's identity and other information that may have been collected.
“II. ― The Minister responsible for the economy defines by order the form and mode of transmission of this statement, as appropriate, depending on the activity of the reporting establishment and its size.
"III. ― Subject to the exception provided in section L. 561-18, the declaration may be collected verbally by the service referred to in section R. 561-33, in the presence of the declarants or declarants designated in accordance with section I R. 561-23. The oral statement shall be accompanied by the handover of any supporting documents or documents.
"Art.R. 561-32.-The transmission of the declaration provided for in the first paragraph of Article L. 561-17 and of the documents submitted pursuant to Part II of Article L. 561-26 shall be made within the maximum period of eight free days from receipt by the receiving authority, provided that the conditions set out in Article L. 561-3 are met.
“Section 5
"The National Financial Intelligence Unit
"Art.R. 561-33.-The national jurisdiction department TRACFIN (intelligence processing and action against clandestine financial circuits), provided for in section L. 561-23, is attached to the Minister for Economics and the Minister for Budget and has the following tasks:
"1° Receive and process, under the conditions provided for in the legislation in force, the declarations prescribed in Article L. 561-15 and 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 information on the offences referred to in Article L. 561-15;
"3° To conduct and coordinate, as appropriate, at the national and international levels, the investigative capacity of the administrations or services of the Minister responsible for the economy and the Minister responsible for the budget, as well as the agencies attached to it, for the purposes of the offences referred to in section L. 561-15;
« 4° Participate in the study of the measures to be implemented to prevent clandestine financial circuits, money laundering and the financing of terrorism;
« 5° Develop, in relation to the relevant branches of 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. -The TRACFIN National Service is headed by a Director and Deputy Director, appointed by a joint order of the Minister responsible for the economy and the Minister responsible for the budget.
"It is composed of a department of investigations, an institutional department and a general affairs department, under conditions set by a joint decree of ministers responsible for the economy and budget.
"Art.R. 561-35.-I. ― Can only be assigned to the TRACFIN service public officials of the State previously authorized.
“II. ― Agents assigned to the TRACFIN service or working under the authority of this service are, if necessary, authorized in accordance with the existing regulations on the protection of the secrets of national defence.
"III. – The authorizations under I and II are issued to agents by the Minister responsible for the economy.
"Art.R. 561-36.-I. ― The TRACFIN service shall notify, in writing, directly and by any means, of the person designated under section I, R. 561-23, of its opposition to the conduct of a transaction.
“II. ― For the lawyer in the Council of State and the Court of Cassation, the lawyer, except where he acts as a trustee, and the omitted, the notification shall be made, under the same conditions as in I, as the case may be, to the President of the Bar Association in the Council of State and the Court of Cassation, to the sticker of the order with which the lawyer is registered or to the president These authorities shall promptly transmit the notice of the opposition to the person concerned.
"III. ― The request of the TRACFIN service to the president of the Court of Grand Instance of Paris is waived, by derogation fromArticle 813 of the Civil Procedure Code, the requirement to be submitted by a lawyer or by a public or ministerial officer.
"Art.R. 561-37.-I. ― For the purposes of the first paragraph of Article L. 561-28, the TRACFIN service shall, in writing and by any means, inform the person designated under Article I R. 561-23 of the transmission to the public prosecutor of the information note referred to in Article II of Article L. 561-23, within fifteen days of the transmission.
“II. ― For the purposes of the second paragraph of the I of Article L. 561-28, the service shall inform the President of the Bar Association to the Council of State and the Court of Cassation, the Bar Association or the President of the company of the confessors of the transmission of the statement to the Attorney of the Republic, in the same conditions as in the I of this article.
"These authorities shall promptly transmit this information 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 Autorité des marchés financiers exercises control and sanction power under 2° of Article L. 561-36:
« 1° Describe a member of management as responsible for the implementation of the device provided for in Article L. 561-32;
« 2° Elaborate a classification of the risks of money laundering and the financing of terrorism presented by their activities, depending on the degree of exposure to these risks appreciated, including the nature of the products or services offered, the conditions of the proposed transactions, the distribution channels used and the characteristics of the customers;
« 3° Determine, if necessary, a profile of the business relationship with the client, allowing to detect anomalies in this relationship, in relation to the risks of money laundering or the financing of terrorism;
« 4° Define the procedures to be applied for risk control, the implementation of customer vigilance measures, the retention of documents, the detection of unusual or suspicious transactions and compliance with the reporting requirement to TRACFIN;
« 5° Implement procedures for the periodic and ongoing monitoring of the risks of money-laundering and the financing of terrorism;
« 6° Take into account, in recruiting their staff, depending on the level of responsibilities, risks to the fight against money-laundering and the financing of terrorism.
"A Minister's order for the economy specifies how these procedures and internal controls are implemented.
“II. ― Insurance intermediaries subject to vigilance and reporting obligations under 2° of section L. 561-2 and persons referred to in 5° of the same section shall only implement the procedures and measures provided for in I if they are consistent with their status, duties and level of activity and under conditions defined by an order of the Minister responsible for the economy.
"III. - The persons referred to in Article L. 561-2 other than those referred to in I and II of this Article shall implement the internal control procedures and measures to combat money-laundering and the financing of terrorism defined by their supervisory authorities. »
The Decree No. 2009-874 taken for application of II of Article L. 561-15 of the Monetary and Financial Code dated 16 July 2009 and published on 18 July 2009 in the Official Journal of the French Republic is codified under the following conditions:
1° Its article 1st becomes the I of article D. 561-32-1 and the words: "in article L. 561-15-II referred to above" are replaced by the words: "in II of article L. 561-15";
2° Article 2 becomes Part II of Article D. 561-32-1 and, in the first paragraph, the reference to Article L. 561-15-II is replaced by the reference to Part II of Article L. 561-15.
Article R. 312-2 of the monetary and financial code is amended as follows:
1° The first paragraph is replaced by two subparagraphs:
"The banker must, prior to the opening of an account, verify the domicile and identity of the applicant, who is required to present an official document with his photograph. The banker shall collect and retain the following information: name, first name, date and place of birth of the applicant, nature, date and place of issue of the document submitted and name of the authority or person who issued or authenticated it.
"For the opening of an account on behalf of a legal entity, the banker requests the presentation of the original or the shipment or copy of any official record or extract dating from less than three months that sees the name, legal form, address of the head office and the identity of the leaders. » ;
2° In the second preambular paragraph, which becomes the third, the words "of the preceding provisions" are replaced by the words "of the provisions of the first preambular paragraph".
The Minister of State, Minister of Justice and Freedoms, Minister of Economy, Industry and Employment, and the Minister of Budget, Public Accounts, Public Service and State Reform are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, September 2, 2009.
François Fillon
By the Prime Minister:
Minister of Economy,
industry and employment,
Christine Lagarde
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
