Instruction No. 2022-I-18 of December 6, 2022, on Information Regarding the Anti-Money Laundering and Counter-Terrorist Financing Framework (Consolidated Version)

PRUDENTIAL SUPERVISION AND RESOLUTION AUTHORITY

Instruction No. 2022-I-18 on information regarding the framework for preventing money laundering and terrorist financing Amended by Instruction No. 2025-I-08

The Prudential Supervision and Resolution Authority, Having regard to the Monetary and Financial Code, particularly Chapters I, II, and IV of Title VI of Book V, as well as Article L. 612-24; Having regard to Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006; Having regard to the Insurance Code; Having regard to the Mutual Insurance Code; Having regard to the Social Security Code; Having regard to the Order of 6 January 2021 on the internal control framework and monitoring regarding the prevention of money laundering and terrorist financing, and the freezing of assets and prohibition of making funds or economic resources available or usable; Having regard to the Order of 21 December 2018 on the report on the organization of internal control frameworks for the prevention of money laundering and terrorist financing and the freezing of assets; Having regard to Opinion No. 2022-03 of the Anti-Money Laundering and Counter-Terrorist Financing Advisory Commission of 17 November 2022,

DECIDES

Article 1: This Instruction applies to the following supervised entities:

1. Persons referred to in points 1 and 1 ter of Article L. 561-2 of the Monetary and Financial Code;
2. Persons referred to in point 1 bis of Article L. 561-2 of the Monetary and Financial Code, except those authorized exclusively to provide one or more of the payment services referred to in points 7 and 8 of II of Article L. 314-1 of that Code;
3. Persons referred to in points 6 and 6 bis of Article L. 561-2 of the Monetary and Financial Code, excluding those subject to the supervision of the Autorité des Marchés Financiers under point 2 of I of Article L. 561-36 of the Monetary and Financial Code;
4. Persons referred to in point 2 of Article L. 561-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 20 to 26 referred to in Article R. 321-1 of the Insurance Code;
5. Persons referred to in point 2 bis of Article L. 561-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 20 to 26 referred to in Article R. 931-2-1 of the Social Security Code;
6. Persons referred to in point 2 ter of Article L. 561-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 20 to 26 referred to in Article R. 211-2 of the Mutual Insurance Code;
7. Persons referred to in point 2 quater of Article L. 561-2 of the Monetary and Financial Code who carry out life insurance or capitalization operations;
8. Persons referred to in point 2 quinquies of Article L. 561-2 of the Monetary and Financial Code who carry out life insurance or capitalization operations;
9. Persons referred to in point 2 sexies of Article L. 561-2 of the Monetary and Financial Code who carry out life insurance or capitalization operations;
10. Group parent companies referred to in point 1 of Article 20 of the aforementioned Order of 6 January 2021;
11. Persons referred to in point 2 of Article L. 561-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 1 to 18 referred to in Article R. 321-1 of the Insurance Code;
12. Persons referred to in point 2 bis of Article L. 561-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 1 to 16 referred to in Article R. 931-2-1 of the Social Security Code;
13. Persons referred to in point 2 ter of Article L. 561-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 1 to 18 referred to in Article R. 211-2 of the Mutual Insurance Code.

Article 2: The entities referred to in points 1 to 9 of Article 1 shall submit the following BLANCHIMT tables from Annex I to this Instruction:

• B0 – Content of the submission;
• B1 – General information on activity and risk classification by the entity;
• B2 – Organization of the anti-money laundering and counter-terrorist financing (AML/CFT) framework:
  • B2-1 – Head of the AML/CFT framework, Tracfin correspondent/declarant, heads of permanent and periodic monitoring of the AML/CFT framework;
  • B2-2 – Organization of the AML/CFT framework, information and training, procedures related to AML/CFT;
• B3 – Internal control of the AML/CFT framework and the client, account, and person identification framework in the context of combating tax evasion and fraud;
• B4 – Group approach;
• B5 – Risk-adapted vigilance measures and detection of suspicious transactions;
• B6 – Freezing of assets and restrictive measures;
• B8 – Statistical data;
• B10 – Free-form comments.

The entities referred to in points 4 to 9 of Article 1 shall also submit the BLANCHIMT table B7-2 "Sectoral Questionnaire: Insurance Sector" from Annex I to this Instruction.

Among the entities referred to in points 1 and 2 of Article 1, payment service providers referred to in I of Article L. 521-1 of the Monetary and Financial Code shall also submit the BLANCHIMT tables B7-1 "Sectoral Questionnaire: Banking Sector" and B9 "Declaration of Deficient PSP" from Annex I to this Instruction.

The Caisse des dépôts et consignations shall submit all BLANCHIMT tables B0 to B10 from Annex I to this Instruction, except for the BLANCHIMT table B7-2 "Sectoral Questionnaire: Insurance Sector."

The entities referred to in point 10 of Article 1 shall submit the BLANCHIMT tables B0 "Content of the submission" and B4 "Group approach" from Annex I to this Instruction.

The entities referred to in points 11 to 13 of Article 1 shall submit the BLANCHIMT table B2-1 "Head of the AML/CFT framework, Tracfin correspondent/declarant, heads of permanent and periodic monitoring of the AML/CFT framework."

Article 3: By way of derogation from Article 2, the entities referred to in points 4 to 9 of Article 1 shall submit the BLANCHIMT tables from Annex II to this Instruction if they exclusively provide products or services meeting one of the following conditions:

1. These products or services fall under the provisions of Article R. 561-16 of the Monetary and Financial Code;
2. They have no surrender value;
3. They constitute retirement savings plans defined in Chapter IV of Title II of Book II of the Monetary and Financial Code.

The provisions of this Article apply to the entities referred to in points 4 to 9 of Article 1 who provide other products and services, in addition to those mentioned in points 1 to 3 above, provided that these other products or services represent less than 1 million euros in annual premiums and less than 10 million euros in technical provisions.

Article 4: By way of derogation from Article 2, the entities referred to in points 1 to 3 of Article 1 shall submit the BLANCHIMT tables from Annex III to this Instruction when the activities they have carried out during the last calendar year consist exclusively of one or more of the following activities:

1. Suretyship;
2. Factoring;
3. Receipt and transmission of orders on behalf of institutional clients established in Member States of the European Union or parties to the Agreement on the European Economic Area;
4. Portfolio management on behalf of institutional clients established in Member States of the European Union or parties to the Agreement on the European Economic Area;
5. Execution of orders on behalf of institutional clients established in Member States of the European Union or parties to the Agreement on the European Economic Area.

Article 5: By way of derogation from Articles 2 and 3, the entities referred to in points 1 to 3 of Article 1 shall submit the BLANCHIMT tables from Annex IV to this Instruction when they are:

1. French branches of financial entities established in another Member State of the European Union or party to the Agreement on the European Economic Area that have not, during the last calendar year, carried out any of the activities notified to the Prudential Supervision and Resolution Authority under the "European passport" procedure;
2. Entities authorized by the Prudential Supervision and Resolution Authority during the last calendar year that have not yet commenced their activity by 31 December of the year preceding the submission of the tables; or
3. Subsidiaries of entities referred to in Article 1 whose exclusive activity is to hold assets for refinancing purposes ("holding company"), which rely exclusively on other group entities established in France for client relations and delegate the implementation of their AML/CFT and asset freezing obligations to those entities.

Article 6: The entities referred to in Article 1 shall refer to the methodological guide included in Annex V to this Instruction.

The information provided in tables B1 to B8 and B10 shall be determined as of 31 December of each calendar year.

Table B4 shall be sent no later than 30 June of each year to the General Secretariat of the Prudential Supervision and Resolution Authority. The other BLANCHIMT tables shall be sent to it no later than 31 March of each year.

By exception, table B9 shall be sent to the General Secretariat of the Prudential Supervision and Resolution Authority upon identification of a payment service provider that repeatedly fails to provide the required information on the orderer or beneficiary in accordance with Articles 8(2) and 12(2) of Regulation (EU) 2015/847 of 20 May 2015, on a quarterly basis.

In the event of the appointment during the year of one or more Tracfin declarants or correspondents, the head of the AML/CFT framework, or the heads of permanent or periodic monitoring of the AML/CFT framework, or the cessation of functions of one or more Tracfin declarants or correspondents or a previously designated head, the updated data regarding the identity of the persons concerned, included in table B2-1, shall be sent to the General Secretariat of the Prudential Supervision and Resolution Authority.

Article 7: The BLANCHIMT tables shall be submitted to the Prudential Supervision and Resolution Authority in electronic form via the ONEGATE portal.

They shall be submitted under the conditions set by the Prudential Supervision and Resolution Authority’s Instruction No. 2025-I-04 aforementioned for entities in the banking sector, or under the conditions set by the Prudential Supervision and Resolution Authority’s Instruction No. 2025-I-06 for entities in the insurance sector.

They shall be submitted by the persons ensuring the effective management of the entities referred to in Article 1 within the meaning of:

• The second paragraph of Article L. 511-13, point 4 of Article L. 532-2, II of Article L. 522-6, and point 4 of Article L. 526-9 of the Monetary and Financial Code, for entities in the banking, investment services, payment, and electronic money sectors;
• II of Article L. 612-23-1 of the same Code or the first paragraph of II of Article L. 356-18 of the Insurance Code, for entities in the insurance sector;
• Article L. 518-11 of the Monetary and Financial Code, for the Caisse des dépôts et consignations.

The persons ensuring the effective management of an establishment affiliated with a central body may delegate the submission of the BLANCHIMT tables to the person referred to in I of Article L. 561-32 of the Monetary and Financial Code designated at the group level.

The persons ensuring the effective management of the entities may delegate the submission of tables B2-1 and B9 to the person referred to in I of Article L. 561-32 of the Monetary and Financial Code designated within the entity or, where applicable, at the group level.

The persons ensuring the effective management of the group parent companies referred to in point 10 of Article 1 may delegate the submission of table B4 to the person referred to in I of Article L. 561-32 of the Monetary and Financial Code designated at the group level.

The persons ensuring the effective management of the entities referred to in point 6 bis of Article L. 561-2 of the Monetary and Financial Code may delegate the submission of the BLANCHIMT tables to the manager of the linked agent to whom they resort for the exercise of their activities in France. In this case, the entities referred to in the aforementioned point 6 bis shall describe, in the internal control report dedicated to AML/CFT and asset freezing provided for by the aforementioned Order of 21 December 2018, the controls carried out to ensure the accuracy of the responses provided.

Article 8: The entities referred to in Article 1 shall retain, at the disposal of the General Secretariat of the Prudential Supervision and Resolution Authority, the information collected and all documents used in their preparation for a period of five years from their date of transmission.

Article 9: The branches of credit institutions, payment institutions, electronic money institutions, investment firms, and insurance companies referred to respectively in points 1, 1 bis, 1 ter, 2, and 6 of Article L. 561-2 of the Monetary and Financial Code, having their registered office in another Member State of the European Union or party to the Agreement on the European Economic Area, shall also submit, in electronic form via the ONEGATE portal, no later than 31 May of each year to the General Secretariat of the Prudential Supervision and Resolution Authority, a report on their activity. The report shall include the following information:

• An annual balance sheet and income statement of the branch, or any equivalent document prepared for tax administration purposes, for the last financial year;
• Headcount or full-time equivalents (FTEs), defined as persons actually working for the branch, whether or not they belong to its staff;
• A description of the branch's organization, including an organizational chart, indicating the different units, their affiliation, their role, and their headcount;
• A summary description of the branch's activity, specifying in particular whether (i) it maintains accounts or manages contracts in its books; (ii) it carries out fund transfer operations; or (iii) it performs order transmission or reception operations;
• Activity indicators for the last calendar year, namely the number of clients carrying out operations in France; the number and volume of operations and the breakdown by type of operations. The branch shall select the relevant categories of clients and types of operations with regard to its activity and money laundering or terrorist financing risks;

This information shall be determined as of 31 December of each calendar year.

Article 10: Instruction No. 2017-I-11 on information regarding the framework for preventing money laundering and terrorist financing is repealed.

In the instructions of the Prudential Supervision and Resolution Authority, references to Instruction No. 2017-I-11 shall be replaced by references to this Instruction.

Article 11: This Instruction shall enter into force on 1 January 2024.

For BLANCHIMT tables submitted in 2024 for the 2023 financial year, the entities referred to in Article 1 are not required to answer questions 1.030, 3.360 to 3.400, 3.430 to 3.437, 7.040 to 7.108, 7.120, 7.140 to 7.160, 7.191 to 7.193, 7.250, 7.251, 7.976 to 7.981, 7.994 to 7.997, 8.080, 8.090, and 8.240.

Article 12: This Instruction shall be published in the official register of the Prudential Supervision and Resolution Authority.

Paris, 6 December 2022 The President, François VILLEROY de GALHAU