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 of the Council of 26 October 2005 on the prevention of the use of the financial system for money laundering and the financing of terrorism;
Given the consumer code, including its article L. 141-1 ;
Given the monetary and financial code, including its Articles L. 561-36 to L. 561-44 ;
The State Council (Finance Section) heard,
Decrete:
In chapter I of Book V, title VI, of the regulatory part of the monetary and financial code, a section 7 is inserted after section 6, as follows:
“Section 7
“Control of compliance
National Sanctions Commission
"Subsection 1
“Control of compliance
by the persons mentioned in the 8th, 9th and 15th of Article L. 561-2
"Art.R. 561-39.-The inspection of compliance by the persons mentioned in the 9th of Article L. 561-2 of the obligations set out in chapters I and II of Title VI of Book V of the Legislative Part of this Code shall be conducted by national police officers responsible for the police of the games, specially authorized by an order of the Minister of Interior.
"Art.R. 561-40.-The inspection of compliance by the persons mentioned in the 15th of section L. 561-2 of the obligations set out in chapters I and II of Title VI of Book V of the Legislative Part of this Code shall be carried out by agents designated by the administrative authority responsible for competition and consumption, having at least the rank of controller, specially authorized by an order of the Minister responsible for the economy.
"The inspections carried out, for the control of compliance with the same obligations by the persons mentioned in the 8th of Article L. 561-2, are carried out by the same agents and under the conditions defined in theArticle L. 141-1 of the Consumer Code.
"Art.R. 561-41. -The officers authorized to conduct the inspections shall be sworn in before the Court of Grand Instance of their administrative residence.
"The oath is as follows:
" I swear and promise good and faithfully fulfill my duties and observe in all their duties. I also swear not to reveal or use anything that will be brought to my knowledge in the exercise of my duties. ”
"Art.R. 561-42.-The documents, information and justifications required for the operation of their inspection mission are communicated to them on request.
"Subsection 2
“The National Sanctions Commission
"Art.R. 561-43.-I. ― The four qualified personalities, members of the National Sanctions Commission, and their alternates are appointed by order made on the report of the Minister responsible for the economy, after notice of the Seal Guard, Minister of Justice, and the Minister of the Interior.
"Art.R. 561-44.-The President of the National Sanctions Commission summons his meetings.
"The commission can only deliberate if at least five of its members, holders or alternates, are present.
"Art.R. 561-45. -The General Secretariat of the National Sanctions Commission shall be provided by an assisted Secretary General, if any, by an Assistant Secretary General, appointed, on the proposal of the Chairperson of the Commission, by joint decree of the Minister for the Economy and the Minister of the Interior.
"The Secretary General investigates the cases submitted to the Board and monitors the execution of his decisions.
"He directs the staff of the commission, made available to it by the Minister responsible for the economy or the Minister of the Interior, with the agreement of the chairman of the commission.
"Art.R. 561-46.-The Chairperson, the members of the National Sanctions Commission and their alternates receive an allowance per session of the commission to which they participate. The rate of compensation as well as the annual allowance limit are set by order of the ministers responsible for the economy and budget.
"Art.R. 561-47.-I. ― Where the National Sanctions Commission is seized, pursuant to section L. 561-38, on the basis of a monitoring report established under the conditions set out in sections R. 561-39 and R. 561-40, the notification of the grievances referred to in section L. 561-41 shall be made, by the Secretary General, by registered letter with request for the accused It is accompanied by a copy of the control report.
“II. ― The respondent shall address its written comments to the Board within thirty days of receipt of the recommended letter notifying the grievances. The notification mentions this time limit and specifies that the person concerned may be informed and copied from the other documents of the file to the commission and, for that purpose, be assisted or represented by the person of his or her choice.
"Art.R. 561-48.-The President of the National Sanctions Commission shall summon the person concerned to hear it, by registered letter with request for notice of receipt, within a period not less than fifteen days from the expiry of the period referred to in Article R. 561-47 II. The person heard may be assisted by his counsel.
"Art.R. 561-49.-I. ― The composition of the National Sanctions Commission is communicated to the respondent, who may request the recusal of one of its members, if there is a serious reason to doubt the impartiality of the member.
"The request for recusal shall be filed with the General Secretariat, by the respondent or its agent, within eight days of the discovery of the grounds for recusal. The request must, barely irreceivable, be directed to the member concerned of the commission, specify with precision the reasons for the recusal and be accompanied by the evidence to justify it.
"It is issued a receipt of the application.
“II. ― The member of the board who is the subject of the application for recusal shall receive a copy of the application. In the eight days of this communication, he makes known in writing either his acquiescence to the recusal or the reasons for which he opposes it. If he acquires, the commission decides on the disputed matter in his absence.
"If it contests the grounds for the objection or fails to respond, the request for recusal shall be examined by the Commission without its participation. He is then replaced by his alternate.
"The Commission shall decide on the request for recusal by an unfounded decision.
"The Commission's decision on the application for recusal can only be challenged before a court with the decision to sanction.
"Art.R. 561-50. -The session of the National Sanctions Commission is public at the request of the person concerned. However, the President may prohibit the public from accessing the room for any or part of the session to preserve public order or when the advertisement is likely to infringe the secret of business or any other secret protected by law.
"There is a record of the meeting by the sitting secretary, appointed by the chair. The minutes are signed by the chair and members of the committee, as well as by the meeting secretary.
"The decision, signed by the president and the members of the commission, is notified to the person concerned as soon as possible, by registered letter with request for acknowledgement of receipt. »
The Minister of State, the Minister of Justice and Freedoms, the Minister of Economy, Industry and Employment, the Minister of Interior, Overseas and Territorial Authorities 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 Gazette of the French Republic.
Done in Paris, December 10, 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
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
