Instruction No. 2009-07 of November 30, 2009 amending Instruction No. 2000-09 regarding information on the anti-money laundering and counter-terrorist financing prevention system

Bulletin Officiel of CECEI and the Banking Commission • No. 22 • December 2009 11

Instruction No. 2009-07 amending Instruction No. 2000-09 regarding information on the prevention system for money laundering and the financing of terrorist activities

The Banking Commission,

Having regard to Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the orderer accompanying payments of funds;

Having regard to the Monetary and Financial Code, in particular Chapters I and II of Title VI of Book V;

Having regard to Regulation No. 97-02, as amended, of the Banking and Financial Regulation Committee of 21 February 1997 relating to internal control of credit institutions and investment firms;

Having regard to Regulation No. 2002-01, as amended, of the Banking and Financial Regulation Committee of 18 February 2002 relating to vigilance obligations regarding checks for the purpose of combating money laundering and the financing of terrorism;

Having regard to Regulation No. 2002-13 of the Banking and Financial Regulation Committee of 21 November 2002 relating to electronic money and electronic money institutions;

Having regard to Instruction No. 2000-09, as amended, of 18 October 2000 regarding information on the prevention system for money laundering and the financing of terrorist activities;

Having regard to Instruction No. 2007-01 of 18 January 2007 relating to the electronic signature of certain documents transmitted electronically to the Banking Commission;

Having regard to Instruction No. 2009-01 of 19 June 2009 relating to the implementation of the unified financial reporting system;

Decides:

Article 1

Instruction No. 2000-09 is hereby amended as follows:

I – Article 1 of Instruction No. 2000-09 is drafted as follows:

"The following are hereinafter referred to as 'subject institutions': the persons mentioned in paragraph 1 a) of I of Article L 561-36, with the exception of the persons mentioned in Articles L. 524-2 and L 613-1-1.

TEXTS OFFICIAL OF THE BANKING COMMISSION Instruction No. 2009-07 amending Instruction No. 2000-09 Bulletin Officiel of CECEI and the Banking Commission • No. 22 • December 2009 12

Subject institutions must submit the BLANCHIMT tables in the annex to this instruction: – B1 – identity of declarants and TRACFIN correspondents, – B2 – branches in countries where local provisions oppose the implementation of the obligations mentioned in Articles L. 561-34 and R. 561-29, – B3 – subsidiaries in countries where local provisions oppose the implementation of the obligations mentioned in Articles L. 561-34 and R. 561-29, – B4 – internal procedures, – B5 – data concerning the last closed fiscal year, – B6 – situation of branches established in the states or territories mentioned in VI of Article L. 561-15, – B7 – situation of subsidiaries established in the states or territories mentioned in VI of Article L. 561-15."

II – Article 2 of Instruction No. 2000-09 is drafted as follows:

"The information provided on the tables mentioned in Article 1 is finalized on December 31 of each calendar year."

III – Article 3 of Instruction No. 2000-09 is drafted as follows:

"The tables are prepared under the responsibility of the persons mentioned in the second paragraph of Article L. 511-13, in paragraph 4 of Article L. 532-2, or in Article L. 518-11 of the Monetary and Financial Code.

They are sent no later than February 28 of each year to the General Secretariat of the Banking Commission by electronic transmission and signed electronically according to the procedures defined by Instruction No. 2007-01.

However, by exception to paragraph 2 of Article 3 of Instruction No. 2007-01, only the managers of the subject institutions as defined in the second paragraph of Article L. 511-13, paragraph 4 of Article L. 532-2, or Article L. 518-11 of the Monetary and Financial Code are authorized to sign. For cases provided for in the 3rd paragraph of Article 3 of Instruction No. 2007-01, only the managers of the delegating institution are authorized to sign. For cases provided for in the 4th paragraph of Article 3 of Instruction No. 2007-01, only the managers of the central body as defined in Articles L. 511-30 and L. 511-31 of the Monetary and Financial Code are authorized to sign.

Furthermore, in the event of the designation of one or more declarants or TRACFIN correspondents during the year, the updated data regarding the identity of the declarants and TRACFIN correspondents included in table B1 mentioned in Article 1 are sent to the General Secretariat of the Banking Commission using the same transmission methods."

Article 2

The annexes to Instruction No. 2000-09 are repealed and replaced by the annex attached to this instruction.

Article 3

By way of derogation, the submission in 2010 of the tables annexed to Instruction No. 2000-09 must be carried out no later than August 25, 2010.

For the 2010 submission of table B4, by exception to the rule set out in III of Article 1 of this instruction, subject institutions may: – take into account the implementation status of procedures up to June 30, 2010; – answer "YES" to questions 00010, 00020, 00030, and 00040, provided that the person(s) previously designated to TRACFIN and the General Secretariat of the Banking Commission is (are) the declarant and the TRACFIN correspondent.

.

TEXTS OFFICIAL OF THE BANKING COMMISSION Instruction No. 2009-07 amending Instruction No. 2000-09 Bulletin Officiel of CECEI and the Banking Commission • No. 22 • December 2009 13

Article 4

I – The 3rd paragraph of Article 8 of Instruction No. 2009-01 is drafted as follows:

"The annex to Instruction No. 2000-09 of October 18, 2000, as amended, is replaced by the BLANCHIMT tables on information relating to the prevention system for money laundering and the financing of terrorist activities presented in Annex 8 to this instruction."

II – The BLANCHIMT tables in the annex to the amended Instruction 2000-09 constitute Annex 8 of Instruction 2009-01.

Paris, November 30, 2009

The President of the Banking Commission, Jean-Paul REDOUIN

No. Line Quality (a) Name First Name Function Date of designation Telephone Number Fax Number Email Address 1 2 3 4 5 6 7 8 9 (a): Mr., Mrs., Miss No. Line Quality (a) Name First Name Function Date of designation Telephone Number Fax Number Email Address 1 2 3 4 5 6 7 8 9 (a): Mr., Mrs., Miss B1 - Identities of TRACFIN Declarants B1 - Identities of TRACFIN Correspondents BLANCHIMT Information relating to the prevention system for money laundering and the financing of terrorist activities TEXTS OFFICIAL OF THE BANKING COMMISSION Instruction No. 2009-07 amending Instruction No. 2000-09 Annex Bulletin Officiel of CECEI and the Banking Commission • No. 22 • December 2009 14

B2 - Branches - Questions Answers (Yes/No) 1 If your institution has branches in the country mentioned above, in which local provisions oppose the implementation of all or part of the obligations mentioned in Article L. 561- 34 and Article R. 561-29 of the Monetary and Financial Code 00010 Has your institution ensured that the procedures of 5. of Article 11-7 of Regulation 97-02 of the CRBF, which provide for the information to be collected and kept for the operations mentioned in Article L. 561-10-2-II of the Monetary and Financial Code, were applied by its branches located in the country mentioned above? 00020 Can the head office of your institution have access to the information, including personal data, collected by each of the branches located in the country mentioned above, on the operations referred to in Article L. 561-10-2-II of the Code Monétaire et Financier? 00030 Does the registered office of your institution have access to the information necessary for the organization of vigilance within the group mentioned in Article R. 561-29 of the Code No. Question BLANCHIMT Information relating to the prevention system for money laundering and the financing of terrorist activities ISO Country Code 00030 the organization of vigilance within the group mentioned in Article R. 561-29 of the Code Monétaire et Financier, including the exchange of information relating to customers in the conditions provided for by this text? ISO Country Code TEXTS OFFICIAL OF THE BANKING COMMISSION Instruction No. 2009-07 amending Instruction No. 2000-09 Annex Bulletin Officiel of CECEI and the Banking Commission • No. 22 • December 2009 15

B3 - Subsidiaries – Questions Answers (Yes/No) 1 If your institution has subsidiaries in the country mentioned above, in which local provisions oppose the implementation of all or part of the obligations mentioned by Article L. 561-34 and Article R. 561-29 of the Code Monétaire et Financier 00010 Has your institution ensured that the procedures of 5. of Article 11-7 of Regulation 97-02 of the CRBF, which provide for the information to be collected and kept for the operations mentioned in Article L. 561-10-2-II of the Monetary and Financial Code, were applied by this subsidiary? 00020 Can the head office of your institution have access to the information, including personal data, collected by this subsidiary, on the operations referred to in Article L.561-10-2-II of the Monetary and Financial Code? 00030 Does the registered office of your institution have access to the information necessary for the organization of vigilance within the group mentioned in Article R. 561-29 of the Code No. Question BLANCHIMT Information relating to the prevention system for money laundering and the financing of terrorist activities ISO Country Code Subsidiary Name 00030 the organization of vigilance within the group mentioned in Article R. 561-29 of the Code Monétaire et Financier, including the exchange of information relating to customers in the conditions provided for by this text? ISO Country Code Subsidiary Name TEXTS OFFICIAL OF THE BANKING COMMISSION Instruction No. 2009-07 amending Instruction No. 2000-09 Annex Bulletin Officiel of CECEI and the Banking Commission • No. 22 • December 2009 16

Answers (a): Yes or No (b): Yes or No or Not Applicable 1 I – Designation of TRACFIN declarants and correspondents

1. Are the names of declarants communicated without delay: (R. 561-23 II) 00010 - to Tracfin? (a) 00020 - to the General Secretariat of the Banking Commission? (a)
2. Are the names of correspondents communicated without delay: (R. 561-24) 00030 - to Tracfin? (a) 00040 - to the General Secretariat of the Banking Commission? (a) 00050
3. Upon modifications to the list of correspondents, has the organization of your institution allowed to respond, within the time limits, to Tracfin's requests, in accordance with Article R. 561-24 of the Monetary and Financial Code? (b) 00060 4. Does the identity of the person or service to contact to make a declaration to Tracfin appear in the internal rules of your institution? (a) 00070
4. Any modifications concerning the TRACFIN declarants or correspondents occurring during the past fiscal year (designation of new declarants or correspondents, change of contact details, etc.) have they been brought without delay to the attention of your institution's agents? (b)
5. In the event that your institution belongs to a financial group: (R. 561-28) 00080 - is the declarant of your institution designated at the group level? (b) 00090 - is the correspondent of your institution designated at the group level? (b) II – Detection system for operations mentioned in Articles L.561-15 and L.561‐10‐2 II of the Monetary and Financial Code
6. In order to determine whether a suspicious transaction report should be filed or enhanced due diligence performed, do the procedures implemented in your institution provide for inquiring about (Regulation No. 97-02 art.11-7): 00100 - the amount of the operation (in the relevant currency) (a) 00110 - the type of operation (cash deposit, transfer, etc.) (a) 00120 - the existence of an economic justification for the operation (a) 00130 - consistency with the elements collected on the client (a) 00140 - consistency with the object and nature of the business relationship (a) 00150 - the origin of the funds (especially for complex operations) (a) 00160 - the identity of the orderer or the client (a) 00170 - the identity, if applicable, of the beneficial owner (a) 00180 - the destination of the funds and possibly information on the beneficiary(ies) (a) 00190 - the characteristics of the operation (amount, date...) (a) 00200 - the execution methods of the operation (use of a particular payment system...) (a) 00210 2. Do the procedures implemented by your institution provide that the information obtained regarding the information elements mentioned in point 1 must be transmitted as part of a suspicious transaction report to Tracfin? (a) 00220
7. Do the procedures implemented by your institution provide for declaring to Tracfin the sums recorded in its books or operations involving sums that your institution knows, suspects, or has good reason to suspect originate from an offense punishable by imprisonment of more than one year or participate in the financing of terrorism even if the operation was not carried out? (L. 561-15) (a) No. Question B4 - Internal Procedures BLANCHIMT Information relating to the prevention system for money laundering and the financing of terrorist activities TEXTS OFFICIAL OF THE BANKING COMMISSION Instruction No. 2009-07 amending Instruction No. 2000-09 Annex Bulletin Officiel of CECEI and the Banking Commission • No. 22 • December 2009 17

Answers (a): Yes or No (b): Yes or No or Not Applicable 1 No. Question B4 - Internal Procedures 00230 4. Do the procedures implemented by your institution provide for declaring operations for which the identity of the orderer or the beneficial owner or the settlor of a trust fund or any other asset management instrument remains doubtful despite the diligence carried out in accordance with Article L.561-5 of the Monetary and Financial Code? (L. 561-15 IV) (a) 00240 5. Do the procedures implemented by your institution provide for declaring without delay to Tracfin any element of information likely to refute, confirm, or modify the elements contained in a previous declaration? (L.561-15V) (a) 00250 6. Do the procedures provide for postponing, when it is possible to suspend the execution of an operation, the execution of this operation, of which your institution knows, suspects, or has good reason to suspect that it is linked to money laundering or the financing of terrorism, until a declaration has been made to Tracfin? (L.561-16) (b) 00260 7. Is a policy for defining operations for which it is impossible to suspend execution implemented? (L. 561-16) (b) 00270 8. Has your institution put in place an adapted device for its activities to verify that the customer or beneficial owner is not subject to an asset freeze measure under European or national regulations? (Regulation No. 97-02, art.11-7) (a) 00280 9. Does your institution use electronic declaration to transmit its suspicious transaction reports to Tracfin? (a) III – Identification of the client and the beneficial owner 00290

1. Before entering into a business relationship with a natural person or assisting them in the completion of a transaction, for cases other than those provided for in Article L 561-9 of the Code Monétaire et Financier, is it systematically requested that they present a valid official identity document bearing their photograph? (R. 561-5 1°) (a) 00300
2. Before entering into a business relationship with a legal entity or assisting them in the completion of a transaction, for cases other than those provided for in Article L 561-9 of the Code Monétaire et Financier, is it systematically requested the communication of the original or a copy of any deed or extract from an official registry dated less than three months confirming the denomination of this legal entity, its legal form, the address of the registered office, and the identity of the partners and corporate officers or their equivalents in foreign law as well as a document attesting to the powers of the persons acting on behalf of this legal entity and the presentation of the ID of these persons? (R. 561-5 2°) (b) 00310
3. Is there an internal procedure establishing the diligence to be implemented in matters of identification of beneficial owners as defined in Articles R. 561-1, R. 561-2, and R. 561-3 of the Monetary and Financial Code? (Regulation No. 97-02 art.11-7) (b) TEXTS OFFICIAL OF THE BANKING COMMISSION Instruction No. 2009-07 amending Instruction No. 2000-09 Annex Bulletin Officiel of CECEI and the Banking Commission • No. 22 • December 2009 18

Answers (a): Yes or No (b): Yes or No or Not Applicable 1 No. Question B4 - Internal Procedures 4. If your institution is a branch of an institution whose head office is located abroad, does your institution possess the information elements relating to the identity of all its clients, including those who have opened an account in another entity of the group, for cases other than those provided for in Articles R. 561-15 and R. 561-16 of the Code Monétaire et Financier? (L. 561-5) 00320 - in the case where the client has already opened an account in another entity of the group located in France or in another country party to the EEA Agreement (b) 00330 - in the case where the client has already opened an account in an entity of the group located outside the EEA zone (b) 5. If your institution offers the possibility of opening an account or carrying out any other operation with a client who is not physically present during identification, what are the measures systematically implemented among at least one of the following four categories to ensure the identity of the client: 00340 - obtain additional supporting documents to confirm the client's identity. (R. 561-20 1°) (b) 00350

• implement verification and certification measures of the copy of the valid official identity document or the extract from the official registry mentioned in Article R. 561-5 of the Monetary and Financial Code by a third party independent of the person to be identified. (R. 561-20 2°) (b) 00360
• obtain confirmation of the client's identity directly from a person mentioned in 1 to 6 of Article L. 561-2 of the Monetary and Financial Code established in a Member State of the European Union or in a State party to the EEA Agreement or established in a State appearing on the list of Equivalent States taken by decree of the Minister in charge of the economy which includes among others the Member States of the international body for consultation and coordination in the fight against money laundering, and which declares applying identification measures equivalent to those of France. (R. 561-20 4°) (b) 00370
• require that the first payment be made from or to an account opened with a financial institution established in a Member State of the European Union or party to the EEA Agreement, as a complementary measure to one of the three measures mentioned above, in the case of account opening. (R. 561-20 3°) (b) 00380

6. Do the procedures of your institution provide that the business relationship terminates when it has not been possible to identify the client, or if applicable the beneficial owner, or to obtain information on the object and nature of the business relationship outside the cases mentioned in Article L.561-9 of the Code Monétaire et Financier? (L.561-8) (a) 00390 7. Are documents relating to the identity of clients kept for five years from the closure of their account or the cessation of the business relationship? (L. 561-12) (a) 00400 8. Are documents relating to operations carried out by clients kept for five years from their execution? (L. 561-12) (a) IV – Identification of the client – occasional client – and the beneficial owner if applicable 00410
7. Does your institution ensure, even in the absence of suspicion of money laundering or terrorist financing, the identity of any natural person, occasional client, who asks it to carry out an operation involving a sum greater than 15,000 euros, to provide custody of assets, or to carry out a funds transfer operation regardless of the amount, by the presentation by that person of a valid official document bearing their photograph? (R. 561-10 II) (b) TEXTS OFFICIAL OF THE BANKING COMMISSION Instruction No. 2009-07 amending Instruction No. 2000-09 Annex Bulletin Officiel of CECEI and the Banking Commission • No. 22 • December 2009 19

Answers (a): Yes or No (b): Yes or No or Not Applicable 1 No. Question B4 - Internal Procedures 00420 2. Does your institution ensure, even in the absence of suspicion of money laundering or terrorist financing, the identity of any legal person and the persons acting on its behalf, occasional client, who asks it to carry out an operation involving a sum greater than 15,000 euros, to provide custody of assets, or to carry out a funds transfer operation regardless of the amount, by the communication of the original or a copy of any deed or extract from an official registry dated less than three months confirming the denomination of this legal person, its legal form, the address of the registered office, and the identity of the partners and corporate officers or their equivalents in foreign law as well as a document attesting to the powers of the persons acting on behalf of this legal person and the presentation of the ID of these persons? (R. 561-10 II) (b) 00430 3. Is there a procedure for identifying the beneficial owner of the operation if the person who requests the completion of it does not appear to be acting for their own account? (R.561-10 II) (a) 00440 4. Is there a procedure for identifying occasional clients who request the completion of several operations between which a link seems to exist and whose total amount exceeds 15,000 euros? (R. 561-10 II) (b) 00450 5. Are documents relating to the identity of occasional clients kept for a duration of five years from the cessation of their relationship with your institution? (L.561-12) (b) 00460 6. Are documents relating to operations carried out by occasional clients kept for a duration of five years from their execution? (L. 561-12) (b) V – Risk-based approach 00470

1. Is there a procedure in