Instruction No. 2015-I-14 of June 22, 2015, amending Instructions No. 2012-I-04 and No. 2014-I-06 regarding information on anti-money laundering and counter-terrorist financing measures

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No.
2015-I-14 of June 22, 2015 amending Instruction No.
2012-I-04 of June 28, 2012 and Instruction No.
2014-I-06 of June 2, 2014 regarding information on the anti-money laundering and counter-terrorist financing prevention system

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 regarding information on the anti-money laundering and counter-terrorist financing prevention system, as amended by Instruction No. 2014-I-06 of June 2, 2014 regarding information on the anti-money laundering and counter-terrorist financing prevention system; Having regard to Opinion No. 2015-01 of the Anti-Money Laundering Advisory Commission dated June 3, 2015; 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 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 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 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 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 III of Article L. 612-2 of the Monetary and Financial Code exercising in France under the right of establishment, with the exception of persons mentioned in points 1°, 3°, 4° and 5° B of 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

2 mentioned in Article L. 561-3, VI of the Monetary and Financial Code which 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/CFT system and the declarant(s) and Tracfin correspondent(s);
• B2 – Organization of the AML/CFT system;
• B3 – Internal control;
• B4 – Due diligence obligations towards customers;
• B5 – Reporting obligations;
• B6 – System and tools for freezing assets;
• 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 and investment services sectors as well as for the Caisse des dépôts et consignations:
The tables are prepared under the responsibility of the persons mentioned in Article L. 511-13, point 4 of Article L. 532-2, Article L. 518-11, point 4° of Article L. 526-9 or 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. 2007-01.
However, by way of exception to the second paragraph of Article 3 of Instruction No. 2007-01, only the management of subject entities within the meaning of Article L. 511-13, point 4 of Article L. 532-2 or Article L. 518-11 of the Monetary and Financial Code are authorized to sign. For persons mentioned in Articles L. 522-1 and L. 526-1 of the Monetary and Financial Code, only the management of the concerned establishment within the meaning of II of Article L. 522-6 or point 4° of Article L. 526-9 of the Monetary and Financial Code are authorized to sign, according to the procedures defined by Instruction No. 2007-01. In the case provided for in the third paragraph of Article 3 of Instruction No. 2007-01, only the management of the delegating establishment is authorized to sign. In the case provided for in the fourth paragraph of Article 3 of Instruction No. 2007-01, the management of the central body who have received a delegation from an affiliated establishment for the purpose of transmitting the tables to the Prudential Control and Resolution Authority may delegate the submission of the tables of the affiliated establishments to the person mentioned in point 1° of I of Article R. 561-38 of the Monetary and Financial Code of the central body. The central body keeps available to the Prudential Control and Resolution Authority the tables signed by the management of each affiliated establishment with the central body on paper support. 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 without delay, on paper support, to the service responsible for the 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 entities in the insurance sector:
The tables are prepared under the responsibility of the persons in charge of managing the entity mentioned in Articles L. 321-10 of the Insurance Code, L. 114-4 of the Mutual Code, or L. 122-1 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:

• on paper support, signed by at least one of the persons in charge of managing the entity;
• and in electronic form (email: cellule-lab@acpr.banque-france.fr).
  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 Prudential Control and Resolution Authority according to the same transmission procedures.

3°) For subject persons mentioned in point 6) of Article 1:
These persons transmit the tables according to the procedures mentioned in point 1°) or 2°) of this article according to the sector to which they belong due to their activities.

Article 4 – Subject entities in the banking, payment services and investment services sectors, the Caisse des dépôts et consignations, and 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 for their preparation for a period of five years from their date of transmission.

Article 5 – By way of exception to Article 1 and the third paragraph of point 1°) of Article 3, 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, no later than April 30 of each year, only tables B1, B2, B3, B4, B5, B6, B8, B10, as well as the report on the conditions under which internal control is ensured in the fight against money laundering and terrorist financing, established in application of Articles 258, 259 and 272 of the decree of November 3, 2014.

They also submit before the same date a description of the branch's activity, including:

• an annual balance sheet and income statement of the branch;
• the headcount used in full-time equivalents, defined as persons actually working for the branch, whether they belong to its staff or not, calculated, in the case of part-time work, pro rata temporis of their working time 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 headcount;
• the mention of 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 with regard to its activity and the risks of money laundering or terrorist financing.
  These information are finalized on December 31 of each calendar year.

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 will be published in the official register of the Prudential Control and Resolution Authority.

Paris, June 22, 2015
The President of the Prudential Control and Resolution Authority, [Christian NOYER]