Instruction No. 2012-I-04 of June 28, 2012, on Information Regarding the Anti-Money Laundering and Counter-Terrorist Financing Prevention Framework (Consolidated Version)

AUTORITÉ DE CONTRÔLE PRUDENTIEL ET DE RÉSOLUTION

Instruction No. 2012-I-04 of June 28, 2012, on Information Regarding the Anti-Money Laundering and Counter-Terrorist Financing Prevention Framework, as amended by Instruction No. 2014-I-01 of February 10, 2014, Instruction No. 2014-I-06 of June 2, 2014, Instruction No. 2015-I-14 of June 22, 2015, and Instruction No. 2016-I-22 of October 3, 2016

The Prudential Control and Resolution Authority,

Having regard to the Monetary and Financial Code, in particular Chapters I and II of Title VI of Book V as well as Article L. 612-24;

Having regard to Instruction No. 2012-I-04 of June 28, 2012, on Information Regarding the Anti-Money Laundering and Counter-Terrorist Financing Prevention Framework, as amended by Instruction No. 2014-I-01 of February 10, 2014, Instruction No. 2014-I-06 of June 2, 2014, and Instruction No. 2015-I-14 of June 22, 2015;

Having regard to Opinion No. 2016-03 of the Anti-Money Laundering Advisory Commission dated September 20, 2016;

Decides:

Article 1

The following are hereinafter referred to as "subject entities":

1. Persons mentioned in points 1°, 2°, 3°, 8°, and 9° of Section A of Paragraph I of Article L. 612-2 of the Monetary and Financial Code;

2. The Caisse des dépôts et consignations;

3. Persons mentioned in point 1° of Section B of Paragraph I of Article L. 612-2 of the Monetary and Financial Code who fall under branches 20 to 26 mentioned in Article R. 321-1 of the Insurance Code;

4. Persons mentioned in points 3° and 4° of Section B of Paragraph I of Article L. 612-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 20 to 26 mentioned in Article R. 211-2 of the Mutual Code;

5. Persons mentioned in point 5° of Section B of Paragraph I of Article L. 612-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 20 to 26 mentioned in Article R. 931-2-1 of the Social Security Code;

6. Persons mentioned in Paragraph III of Article L. 612-2 of the Monetary and Financial Code exercising their activities in France on a freedom of establishment basis, with the exception of persons mentioned in points 1°, 3°, 4°, and 5° of Section B of Paragraph I of Article L. 612-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 1 to 18 mentioned in Articles R. 321-1 of the Insurance Code, R. 211-2 of the Mutual Code, and R. 931-2-1 of the Social Security Code, and establishments mentioned in Article L. 561-3, Paragraph VI of the Monetary and Financial Code that do not have a branch.

Subject entities must submit the BLANCHIMT tables in the annex to this instruction under the conditions specified in Articles 2, 3, 4, and 5 of this instruction:

• B1 – Identity of the person responsible for the AML/CTF framework and the declarant(s) and Tracfin correspondent(s);
• B2 – Organization of the AML/CTF framework;
• B3 – Internal control;
• B4 – Customer due diligence obligations;
• B5 – Reporting obligations;
• B6 – Asset freezing framework and tools;
• B7 – Group approach;
• B8 – Statistical data;
• B9 – Sectoral questionnaires;
• B10 – Comments.

Article 2 – The information provided on the tables mentioned in Article 1 is finalized on December 31 of each calendar year.

Article 3 – 1°) For subject entities in the banking, payment services, electronic money services, and investment services sectors:

The tables are prepared under the responsibility of the persons mentioned in Article L. 511-13, point 4 of Article L. 532-2, point 4° of Article L. 526-9, or Paragraph II of Article L. 522-6 of the Monetary and Financial Code.

They are sent no later than February 28 of each year to the General Secretariat of the Prudential Control and Resolution Authority by electronic transmission and signed electronically according to the procedures defined by Instruction No. 2015-I-19.

However, by exception to the second paragraph of Article 4 of Instruction No. 2015-I-19, only the managers of subject entities within the meaning of Article L. 511-13, point 4 of Article L. 532-2, Paragraph II of Article L. 522-6, and point 4° of Article L. 526-9 of the Monetary and Financial Code are authorized to sign.

Managers of an establishment affiliated with a central body within the meaning of Articles L. 511-30 and L. 511-31 of the Monetary and Financial Code who have received delegation from an affiliated establishment for the purpose of transmitting tables to the Prudential Control and Resolution Authority may delegate the submission of the tables of affiliated establishments to the person mentioned in point 1° of Paragraph I of Article R. 561-38 of the Monetary and Financial Code of the central body.

Furthermore, in the event of the designation of one or more declarants or Tracfin correspondents during the year, updated data regarding the identity of the declarants and Tracfin correspondents included in table B1 mentioned in Article 1 are sent without delay, on paper, to the service responsible for permanent supervision of the subject entity within the General Secretariat of the Prudential Control and Resolution Authority. Table B1 is signed by the authorized persons mentioned in the preceding paragraphs.

2°) For the Caisse des dépôts et consignations, the tables are prepared under the responsibility of the person mentioned 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 Prudential Control and Resolution Authority by electronic transmission in XBRL format, under the conditions defined in Article 2 of Instruction No. 2015-I-19, and signed electronically by the person mentioned in Article L. 518-11 of the Monetary and Financial Code.

Furthermore, in the event of the designation of one or more declarants or Tracfin correspondents during the year, updated data regarding the identity of the declarants and Tracfin correspondents included in table B1 mentioned in Article 1 are sent without delay, on paper, to the service responsible for permanent supervision of the subject entity within the General Secretariat of the Prudential Control and Resolution Authority. Table B1 is signed by the authorized person mentioned in the preceding paragraph.

3°) For subject entities in the insurance sector:

a) For insurance entities subject to the so-called "Solvency II" regime, the tables are prepared under the responsibility of the persons mentioned in Articles R. 322-168 of the Insurance Code, R. 211-15 of the Mutual Code, or R. 931-3-45-3 of the Social Security Code.

They are sent no later than February 28 of each year to the General Secretariat of the Prudential Control and Resolution Authority by electronic transmission in XBRL format and signed electronically according to the procedures defined by Instruction No. 2015-I-18.

However, by exception to point 4) of the second paragraph of Article 4 of Instruction No. 2015-I-18, only the persons mentioned in Articles R. 322-168 of the Insurance Code, R. 211-15 of the Mutual Code, or R. 931-3-45-3 of the Social Security Code are authorized to sign.

b) For insurance entities subject to the so-called "Solvency I" regime, the tables are prepared under the responsibility of persons whose appointment or renewal has been notified to the Prudential Control and Resolution Authority under Paragraph II of Article L. 612-23-1 of the Monetary and Financial Code. They are sent no later than February 28 of each year to the General Secretariat of the Prudential Control and Resolution Authority via the entry of information into a dedicated form available on the ONEGATE portal and signed electronically by the aforementioned persons. Entities wishing to do so may submit their tables according to the procedures provided for entities subject to the so-called "Solvency II" regime.

Furthermore, in the event of the designation of one or more declarants or Tracfin correspondents during the year, 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 Prudential Control and Resolution Authority according to the same transmission procedures.

4°) For subject persons mentioned in point 6) of Article 1:

Persons falling under the banking, payment services, electronic money services, and investment services sectors transmit the tables no later than February 28 of each year to the General Secretariat of the Prudential Control and Resolution Authority by electronic transmission on the ONEGATE portal. The tables are signed electronically by the managers.

Persons falling under the insurance sector transmit the tables no later than February 28 of each year to the General Secretariat of the Prudential Control and Resolution Authority according to the procedures provided for in a) or b) of point 3) of this Article. The tables are signed electronically by the managers.

Article 4 – Subject entities in the banking, payment services, electronic money services, and investment services sectors, the Caisse des dépôts et consignations, as well as subject entities in the insurance sector, retain, at the disposal of the Prudential Control and Resolution Authority, the information collected as well as all documents used to prepare them for a period of five years from the date of their transmission.

Article 5

I- By exception to Article 1, branches of investment firms having their registered office in another Member State of the European Union or a party to the Agreement on the European Economic Area submit to the General Secretariat of the Prudential Control and Resolution Authority only tables B1, B2, B3, B4, B5, B6, B8, and B10.

They also submit, under the conditions provided for in point 4) of Article 3, the report on the conditions under which internal control is ensured in the fight against money laundering and terrorist financing, established under Articles 258, 259, and 272 of the Order of November 3, 2014, as well as a description of the branch's activity, including:

• an annual balance sheet and income statement of the branch;
• full-time equivalent staff, defined as persons working effectively for the branch, whether or not they belong to its staff, calculated on a pro-rata basis for part-time work for the branch during the year in question;
• a description of the branch's organization, including an organizational chart, with mention of the different units, their affiliation, their role, and their staff;
• mention of the investment services actually exercised during the year in question;
• activity indicators for the year in question, namely the number of clients and their distribution by categories as well as the number and volume of operations, with a distribution by types of operations. The branch selects the relevant client categories and types of operations in light of its activity and money laundering or terrorist financing risks.

These information are finalized on December 31 of each calendar year.

II- By exception to Article 1, branches of payment establishments and electronic money establishments having their registered office in another Member State of the European Union or a party to the Agreement on the European Economic Area submit to the General Secretariat of the Prudential Control and Resolution Authority only tables B1, B2, B3, B4, B5, B6, B8, B9, and B10.

They also submit, under the conditions provided for in point 4) of Article 3, the report on the conditions under which internal control is ensured in the fight against money laundering and terrorist financing, established under Articles 258, 259, and 272 of the Order of November 3, 2014, as well as a description of the branch's activity, including:

• an annual balance sheet and income statement of the branch;

• full-time equivalent staff, defined as persons working effectively for the branch, whether or not they belong to its staff, calculated on a pro-rata basis for part-time work for the branch during the year in question;

• a description of the branch's organization, including an organizational chart, with mention of the different units, their affiliation, their role, and their staff;

• mention of the payment services actually exercised during the year in question;

• activity indicators for the year in question, namely the number of clients and their distribution by categories as well as the number and volume of operations, with a distribution by types of operations, including fund transfer operations in issuance and receipt, and electronic money issuance and refund operations. The branch selects the relevant client categories in light of its activity and money laundering or terrorist financing risks.

These information are finalized on December 31 of each calendar year.

III- By exception to Article 1, branches of insurance entities having their registered office in another Member State of the European Union or a party to the Agreement on the European Economic Area submit to the General Secretariat of the Prudential Control and Resolution Authority only tables B1, B2, B3, B4, B5, B6, B8, B9, and B10.

Article 6 – This instruction repeals Instructions No. 2000-09 of October 18, 2000, as amended, No. 2010-08 of March 8, 2010, No. 2010-I-04 of September 29, 2010, No. 2010-I-05 of September 29, 2010, and No. 2010-I-06 of September 29, 2010.

Article 7 – Questions 192, 193, 195, 181, 196, and 197 enter into force for the submission made no later than February 28, 2017, for the 2016 fiscal year.

Article 8 – This instruction is published in the official register of the Prudential Control and Resolution Authority.

Paris, the

The President of the Prudential Control and Resolution Authority, [François VILLEROY DE GALHAU]