Regulatory Alerts2019-06-06
Instruction No. 2019-I-24 of June 3, 2019 amending Instruction No. 2017-I-11 of June 26, 2017 regarding information on the anti-money laundering and counter-terrorist financing prevention framework
The Prudential Control and Resolution Authority (ACPR) amends Instruction No. 2017-I-11 to expand the scope of reporting entities to include specific insurance operators under the Insurance Code, Social Security Code, and Mutual Code. The revision updates internal control reporting requirements to incorporate tax evasion and fraud identification measures and introduces a new 'Group Approach' reporting category. Additionally, the instruction mandates electronic submission via the ONEGATE portal and allows designated compliance officers to sign specific reporting forms on behalf of senior management.
PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY
Instruction No. 2019-I-24 amending Instruction No. 2017-I-11 of June 26, 2017 regarding information on the anti-money laundering and counter-terrorist financing prevention framework
The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, particularly Chapters I and II of Title VI of Book V as well as Article L. 612-24; Having regard to Instruction No. 2017-I-11 regarding information on the anti-money laundering and counter-terrorist financing prevention framework; Having regard to Opinion No. 2019-02 of the Anti-Money Laundering and Counter-Terrorist Financing Advisory Commission of April 10, 2019,
DECIDES
Article 1: Article 1 of the aforementioned Instruction No. 2017-I-11 is supplemented by three paragraphs drafted as follows:
"11) Persons referred to in 2° of Article L. 561-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 1 to 18 mentioned in Article R. 321-1 of the Insurance Code;
"12) Persons referred to in 2° bis of Article L. 561-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 1 to 16 mentioned in Article R. 931-2-1 of the Social Security Code;
"13) Persons referred to in 2° ter of Article L. 561-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 1 to 18 mentioned in Article R. 211-2 of the Mutual Code."
Article 2 Article 2 of the aforementioned Instruction No. 2017-I-11 is amended as follows:
1° In the fifth bullet point, after the words: "B3- Internal control of the AML-CFT framework", the words: "and of the client, account, and person identification framework in the context of combating tax evasion and fraud" are inserted;
2° After the fifth bullet point, a sixth bullet point is inserted drafted as follows:
"B4- Group Approach";
3° A paragraph is added drafted as follows:
"The subject entities referred to in 11) to 13) of Article 1 shall submit the BLANCHIMT table B2-1 'Head of the AML-CFT framework, correspondent/Tracfin declarant' mentioned in Article 2."
Article 3: Article 4 of the aforementioned Instruction No. 2017-I-11 is amended as follows:
1° The second paragraph is replaced by two paragraphs drafted as follows:
"They are electronically signed, according to the procedures defined by Instruction No. 2015-I-19 as amended, with the exception of the second, third, and fourth paragraphs of Article 4 of said Instruction for entities in the banking, payment services, electronic money services, and investment services sectors, or according to the procedures defined by Instruction No. 2015-I-18 as amended, with the exception of the second and third paragraphs of Article 4 of said Instruction, for entities in the insurance sector.
"They are signed by the persons ensuring the effective management of the entities subject to the following:"
2° A paragraph is added drafted as follows:
"The persons ensuring the effective management of the subject entities may delegate the signing of tables B2-1 and B9 mentioned in Article 3 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."
Article 4: In the first paragraph of Article 6 of the aforementioned Instruction No. 2017-I-11, the words: "on paper" are replaced by the words: "in electronic form on the ONEGATE portal".
Article 5: Annex I to the aforementioned Instruction No. 2017-I-11 is replaced by Annex I to the present Instruction, effective from the submission of BLANCHIMT tables for the 2019 fiscal year.
Annex II to the aforementioned Instruction No. 2017-I-11 is replaced by Annex II to the present Instruction.
Article 6: The present Instruction is published in the official register of the Prudential Control and Resolution Authority.
Paris, June 3, 2019
The President, [François VILLEROY de GALHAU]