Instruction No. 2011-I-03 of January 24, 2011 amending Banking Commission Instructions No. 2010-01, 2010-02 and 2010-03 on information and documents submitted by manual money changers

PRUDENTIAL CONTROL AUTHORITY
Instruction No. 2011-I-03 amending Banking Commission Instructions No. 2010-01, 2010-02 and 2010-03 on the information and documents to be submitted by manual money changers and persons exercising a manual money changing activity under the provisions of the September 10, 2009 Order on manual money changing activity

The Prudential Control Authority,
Having regard to the Monetary and Financial Code, in particular Chapter IV of Title II of Book V and Chapters I and II of Title VI of Book V; Having regard to the Order of September 10, 2009 on manual money changing activity; Having regard to Instruction No. 2010-01 of the Banking Commission on the designation by manual money changers of declarants referred to in Article R. 561-23 and correspondents referred to in Article R. 561-24 of the Monetary and Financial Code; Having regard to Instruction No. 2010-02 of the Banking Commission on the annual statistical declaration by manual money changers; Having regard to Instruction No. 2010-03 of the Banking Commission on the sworn statement made by persons exercising a manual money changing activity that does not constitute the practice of the profession of manual money changer; Having regard to the opinion of the Anti-Money Laundering Advisory Committee dated December 16, 2010; Decides:

Article 1. References to the Committee of Credit Institutions and Investment Firms and to the Banking Commission are replaced by a reference to the Prudential Control Authority in Instructions No. 2010-01, 2010-02 and 2010-03 of the Banking Commission.

Article 2. In Article 3 of Instruction No. 2010-03, the words:
« General Secretariat of the Banking Commission Legal Affairs and General Secretariat Service of the Banking Commission 89-1764 73 rue de Richelieu BP 6522 75065 PARIS CEDEX 02 » are replaced by:
« General Secretariat of the Prudential Control Authority Anti-Money Laundering Law and Internal Control Service 66-2783 61 rue Taitbout 75436 Paris Cedex 09 »

Article 3.
I - The annex to Instruction No. 2010-01 is repealed and replaced by Annex 1 of this Instruction.
II - The annex to Instruction No. 2010-02 is repealed and replaced by Annex 2 of this Instruction.
III - Annex 1 to Instruction No. 2010-03 is repealed and replaced by Annex 3 of this Instruction.
IV - Annex 2 to Instruction No. 2010-03 is repealed and replaced by Annex 4 of this Instruction.

Paris, January 24, 2011
The President of the Prudential Control Authority [Jean-Paul REDOUIN]

Instruction No. 2011-I-03 amending Banking Commission Instructions No. 2010-01, 2010-02 and 2010-03 on the information and documents to be submitted by manual money changers and persons exercising a manual money changing activity Prudential Control Authority 3

Annex 1
Annex to Instruction No. 2010-01
Identity of declarants referred to in Article R. 561-23 and correspondents referred to in Article R. 561-24 of the Monetary and Financial Code designated by manual money changers

Presentation
The tables in this annex list:

• the directors and authorized agents entitled to make the declarations prescribed by Article L. 561-15 of the Monetary and Financial Code, in accordance with Article R. 561-23, hereinafter referred to as "Tracfin declarants";
• the directors and agents responsible for responding to requests from the national competence service Tracfin and the Prudential Control Authority, and for disseminating to relevant personnel general information, opinions or recommendations emanating therefrom, in accordance with Article R. 561-24, hereinafter referred to as "Tracfin correspondents".

Content
Rows
Each row in the "Identity of declarants" and "Identity of correspondents" tables corresponds respectively to the identity of one Tracfin declarant or one Tracfin correspondent. The number of rows filled corresponds to the number of correspondents or declarants designated within the regulated entity.

Columns
The "Status" column receives codes "1" for Mr and "2" for Mrs.
The "Surname" and "First name" columns contain the surname and first name of the Tracfin correspondents or declarants as at the date this document is signed by the director of the regulated entity and transmitted to the General Secretariat of the Prudential Control Authority. The "Position" column contains the position held by the Tracfin correspondents or declarants within the regulated entity. The "Date of appointment" column receives the date of appointment to the function of Tracfin correspondent or declarant for persons whose identity appears on this document. The "Date of cessation of functions" column is completed when a Tracfin correspondent or declarant ceases to exercise their function. The "Telephone" and "Fax" columns receive telephone and fax numbers, and the "E-mail address" column receives the e-mail address allowing direct contact with the correspondents or declarants within the establishment.

Submission rules
Submission method
The tables in this annex are sent on paper to the following address:
General Secretariat of the Prudential Control Authority Anti-Money Laundering Law and Internal Control Service 66-2783 61 rue Taitbout 75436 Paris Cedex 09 In the event of one or more declarants or correspondents ceasing their functions, or in the event of the appointment of one or more declarants or correspondents during the year, the tables in this annex are to be sent again under the same conditions. These tables include the complete list of correspondents and declarants designated within the regulated entity. If a correspondent or declarant ceases their functions, their identity is recalled in the relevant table with mention of the date of cessation.

Submitting persons
Manual money changers referred to in Article L. 524-1.II of the Monetary and Financial Code.
Persons referred to in Article 11 of the aforementioned Order who have submitted to the Prudential Control Authority the certificate of exercise referred to in the same article.

Territoriality
Regulated entities submit a single document corresponding to their entire activity.

Frequency
Annual submission.

Instruction No. 2011-I-03 amending Banking Commission Instructions No. 2010-01, 2010-02 and 2010-03 on the information and documents to be submitted by manual money changers and persons exercising a manual money changing activity Prudential Control Authority 4

Identity of declarants referred to in Article R. 561-23 of the Monetary and Financial Code designated by manual money changers Company name (legal person), status, surname and first name, trade name (natural person):
Registered office address (legal person), home address and main place of business address if different from the home address (natural person):
SIREN No.:

Identity of declarants
Status | Surname | First name | Position | Date of appointment | Date of cessation of functions | Telephone number | Fax number | E-mail address Name and position of signatory:
Date: Signature:

The data collected are subject to automated processing necessary for the management of information received by the General Secretariat of the Prudential Control Authority (SGACP) concerning the identity of declarants and correspondents, referred to in Articles