Instruction No. 2016-I-22 of October 3, 2016 amending Instruction No. 2012-I-04 regarding information on the anti-money laundering and counter-terrorist financing framework

AUTORITÉ DE CONTRÔLE PRUDENTIEL ET DE RÉSOLUTION ----- Instruction No. 2016-I-22 of October 3, 2016 amending Instruction No. 2012-I-04 of June 28, 2012 regarding information on the anti-money laundering and counter-terrorist financing framework

The Autorité de contrôle prudentiel et de résolution, 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 framework, as amended by Instruction No. 2014-I-01 of February 10, 2014, Instruction No. 2014-I-06 of June 2, 2014, and by Instruction No. 2015-I-14 of June 22, 2015 regarding information on the anti-money laundering and counter-terrorist financing prevention framework; Having regard to Opinion No. 2016-03 of the Consultative Committee on Combating Money Laundering and Terrorist Financing dated September 20, 2016; Decides

Article 1
a) Paragraph 1 of Article 3 of Instruction No. 2012-I-04 is replaced by the following provisions:

"1°) For establishments subject to regulation 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, paragraph 4 of Article L. 532-2, paragraph 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 Autorité de contrôle prudentiel et de résolution 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 the establishments subject to regulation within the meaning of Article L. 511-13, paragraph 4 of Article L. 532-2, paragraph II of Article L. 522-6, or paragraph 4° of Article L. 526-9 of the Monetary and Financial Code are authorized to sign.

The 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 the tables to the Autorité de contrôle prudentiel et de résolution may delegate the submission of the tables of the affiliated establishments to the person mentioned in paragraph 1° of 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 Tracfin declarants or correspondents during the year, the updated data regarding the identity of the Tracfin declarants and 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 establishment within the General Secretariat of the Autorité de contrôle prudentiel et de résolution. Table B1 is signed by the authorized persons mentioned in the preceding paragraphs."

b) Paragraph 2 of Article 3 of Instruction No. 2012-I-04 is replaced by the following provisions:

"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 Autorité de contrôle prudentiel et de résolution 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 Tracfin declarants or correspondents during the year, the updated data regarding the identity of the Tracfin declarants and 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 establishment within the General Secretariat of the Autorité de contrôle prudentiel et de résolution. Table B1 is signed by the authorized person mentioned in the preceding paragraph."

c) Paragraph 3 of Article 3 of Instruction No. 2012-I-04 is replaced by the following provisions:

"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 Autorité de contrôle prudentiel et de résolution by electronic transmission in XBRL format and signed electronically according to the procedures defined by Instruction No. 2015-I-18.
However, by exception to paragraph 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 the persons whose appointment or renewal has been notified to the Autorité de contrôle prudentiel et de résolution in application of 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 Autorité de contrôle prudentiel et de résolution via the entry of information into a dedicated form available on the ONEGATE portal and signed electronically by the aforementioned authorized 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 Tracfin declarants or correspondents during the year, the updated data regarding the identity of the Tracfin declarants and correspondents included in Table B1 mentioned in Article 1 are sent to the General Secretariat of the Autorité de contrôle prudentiel et de résolution according to the same transmission procedures."

c) A paragraph 4° is inserted into Article 3 of Instruction No. 2012-I-04, which is drafted as follows:

"4°) For subject persons mentioned in paragraph 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 Autorité de contrôle prudentiel et de résolution 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 Autorité de contrôle prudentiel et de résolution according to the procedures provided for in a) or b) of paragraph 3° of this Article. The tables are signed electronically by the managers."

Article 2
Article 4 of Instruction No. 2012-I-04 is replaced by the following provisions:

"Subject establishments 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, shall retain, at the disposal of the Autorité de contrôle prudentiel et de résolution, the information collected as well as all documents used to prepare them for a period of five years from their date of transmission."

Article 3
Article 5 of Instruction No. 2012-I-04 is replaced by the following provisions:

"I- By exception to Article 1, branches of investment firms having their registered office in another Member State of the European Union or party to the Agreement on the European Economic Area submit to the General Secretariat of the Autorité de contrôle prudentiel et de résolution only Tables B1, B2, B3, B4, B5, B6, B8, B10. They also submit, under the conditions provided for in paragraph 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 in application of 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 actually working for the branch, whether or not they belong to its staff, counted, in case of part-time work, pro rata to 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 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 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.
  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 party to the Agreement on the European Economic Area submit to the General Secretariat of the Autorité de contrôle prudentiel et de résolution only Tables B1, B2, B3, B4, B5, B6, B8, B9, and B10. They also submit, under the conditions provided for in paragraph 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 in application of 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 actually working for the branch, whether or not they belong to its staff, counted, in case of part-time work, pro rata to 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 staff;
• mention of the payment or electronic money 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 transmission operations in issuance and receipt, and electronic money issuance and reimbursement operations. The branch selects the relevant client categories 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.
  III- By exception to Article 1, branches of insurance entities having their registered office in another Member State of the European Union or party to the Agreement on the European Economic Area submit to the General Secretariat of the Autorité de contrôle prudentiel et de résolution only Tables B1, B2, B3, B4, B5, B6, B8, B9, and B10."

Article 4
The tables annexed to Instruction No. 2012-I-04 are modified as follows:
1°) Table MONEY LAUNDERING - B 3 is modified as follows:
a) In the "Articles" column of question no. 24, the reference: "A. 310-9 III" is replaced by the reference: "A. 310-9"; b) In the "Articles" column of questions no. 26, 27, 28, 29, 30, 31, 32, 40, and 183, the references: "R. 211-28 C. Mut. et R. 931-43 C. Séc. Soc" are replaced by the references: "A. 114-2 III C. mut. et A. 951-3-3 III C. Séc. soc"; c) In the "Articles" column of questions no. 26, 27, 28, 29, 30, 31, 32, and 183, the words: "R. 336-1 et A. 310-9" are replaced by the words: "A. 310-9 II"; d) In the "Articles" column of question no. 40, the words "R. 336 -1" are replaced by the words: "A. 310-9"; e) In the "Articles" column of questions no. 33, 34, 35, 36, and 184, the words: "R. 336-1 et A. 310-9" are replaced by the words: "A. 310-9 III" and the words: "R. 211-28 C. mut. et R. 931-43 C.Séc.soc" are replaced by the words: "A. 114-2 III C. mut. et A. 951-3-3 III C. Séc.soc"; 2°) Table MONEY LAUNDERING - B6 is modified as follows:
In the "Articles" column of question no. 71, the reference: "R. 562-2 du CMF" is replaced by the references: "L. 562-1 et L. 562-2 du CMF"; 3°) Table MONEY LAUNDERING - B7 is modified as follows:
At question 74, the references: "L. 322-1-2, L. 322-1-3 et L. 334-2" are replaced by the references "L. 322-1-2 et L. 322-1-3", and the words: "au sens des articles L. 111-4-2 et L. 212-7-1 du Code de la mutualité et L. 933-2 du Code de la Sécurité sociale" are replaced by the words: "au sens de l’article L. 111-4-2 du Code la mutualité"; 4°) Table MONEY LAUNDERING - B8 is modified as follows:
Question 214 is modified as follows: "What is the filtering frequency (in days) of your customer databases for the detection of funds, financial instruments, economic resources, or operations for the benefit of persons or entities subject to a freezing measure?"; 5°) Table MONEY LAUNDERING - B9 is modified as follows:
a) In the "Articles" column of questions no. 156 and 157, the words: "R. 336-1, 2°, f C. assur. ; R. 211-28 C. mut. et R. 931-43 C. Séc. soc." are replaced by the words: "L. 354-1et A. 310-9 III C. assur. ; L211-12 et A. 114-2 III C. mut. et A. 951-3-3 III C. Séc. soc."; b) At questions no. 160 and 162, the words: "ou A. 510-3 du Code de la mutualité ou A. 951-3-3 du Code de la Sécurité sociale" are replaced by the words: "ou A. 114-2 I du Code de la mutualité ou A. 951-3-3 I du Code de la Sécurité sociale" and in the "Articles" column, the references "A. 510-3 C. mut. et A. 951-3-3 C. Séc. soc" are replaced by the references "A.114-2 I C.mut. et A.951-3-3 I C.Séc.soc".

Article 5
The methodological guide appearing in the annex to the tables annexed to Instruction No. 2012-I-04 is modified as follows:
1°) Question 74 of the methodological guide is modified as follows:
In the first and third paragraphs, the words: ", L. 322-1-3 et L. 334-2 du Code des assurances et au sens des articles L. 111-4-2 et L. 212-7-1 du Code de la mutualité, et L. 933-2 du Code de la Sécurité sociale," are replaced by the words: "et L. 322-1-3 du Code des assurances et au sens de l’article L. 111-4-2 du Code de la mutualité,"; 2°) Question 162 of the methodological guide is modified as follows:
In the first paragraph, the words: "A. 510-3 du Code de la mutualité" are replaced by the words: "A. 114-2 I du Code de la mutualité"; 3°) In the section regarding the implementation of freezing measures on funds, financial instruments, or economic resources of the methodological guide, the following paragraphs are inserted:
"Q.214: 'What is the filtering frequency (in days) of your customer databases for the detection of funds, financial instruments, economic resources, or operations for the benefit of persons or entities subject to a freezing measure?'
If the filtering of customer databases is carried out daily, the answer to this question should be 365 days."
4°) The section regarding European branches of investment firms having their registered office in another Member State of the European Union or party to the Agreement on the European Economic Area of the methodological guide is modified as follows:
In the second paragraph, the words: "au plus tard le 30 avril" are replaced by the words: "au plus tard le 28 février";

Article 6
This instruction is published in the official register of the Autorité de contrôle prudentiel et de résolution.
Paris, October 3, 2016
The President of the Autorité de contrôle prudentiel et de résolution, [François VILLEROY DE GALHAU]