Instruction No. 2017-I-11 of June 26, 2017, regarding information on the anti-money laundering and counter-terrorist financing prevention framework (consolidated version)

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2017-I-11 amended by Instructions No. 2018-I-05 of June 7, 2018 and No. 2019-I-24 of June 3, 2019 regarding information on the prevention framework for money laundering and terrorist financing

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 the Order of November 3, 2014, relating to internal control of companies in the banking, payment services, and investment services sectors subject to the supervision of the Prudential Control and Resolution Authority, particularly its Articles 258, 259, and 272; Having regard to Opinion No. 2017-01 of the Consultative Committee on Combating Money Laundering and Terrorist Financing dated June 9, 2017; DECIDES

Article 1
The following are hereinafter referred to as "subject entities":

1. Persons mentioned in 1° and 1° ter of Article L. 561-2 of the Monetary and Financial Code;
2. Persons mentioned in 1° bis of Article L. 561-2 of the Monetary and Financial Code, with the exception of those authorized exclusively to provide one or more of the payment services mentioned in 7° and 8° of II of Article L. 314-1 of that Code;
3. Persons mentioned in 6° and 6° bis of Article L. 561-2 of the Monetary and Financial Code, excluding those under the supervision of the Autorité des Marchés Financiers pursuant to 2° of I of Article L. 561-36 of the Monetary and Financial Code;
4. Persons mentioned in 2° of Article L. 561-2 of the Monetary and Financial Code who carry out insurance operations falling under branches 20 to 26 mentioned in Article R. 321-1 of the Insurance Code;
5. Persons mentioned in 2° bis of Article L. 561-2 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 2° ter of Article L. 561-2 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;

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7) Persons mentioned in 2° quater of Article L. 561-2 of the Monetary and Financial Code who carry out life insurance or capitalization operations;
8) Persons mentioned in 2° quinquies of Article L. 561-2 of the Monetary and Financial Code who carry out life insurance or capitalization operations;
9) Persons mentioned in 2° sexies of Article L. 561-2 of the Monetary and Financial Code who carry out life insurance or capitalization operations;
10) Group parent companies mentioned in Article L. 561-33 of the Monetary and Financial Code and central bodies mentioned in Articles L. 511-31 of the Monetary and Financial Code and L. 322-27-1 of the Insurance Code;
11) Persons mentioned 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 mentioned 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 mentioned 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

• Subject entities mentioned in 1) to 9) of Article 1 shall submit the following BLANCHIMT tables from Annex I to this Instruction:
• B0 – Content of the submission;
• B1 – Risk assessment by the entity;
• B2-1 – Head of the AML/CFT framework, Tracfin correspondent/declarant;
• B2-2 – Organization of the AML/CFT framework, information and training, procedures related to AML/CFT;
• B3 – Internal control of the AML/CFT framework and the client, account, and person identification framework in the context of combating tax evasion and fraud;
• B4 – Group approach;
• B5 – Risk-adapted vigilance measures and detection of suspicious transactions;
• B6 – Freezing of assets and restrictive measures;
• B8 – Statistical data;
• B10 – Comments.

Subject entities mentioned in 4) to 9) of Article 1 shall also submit the BLANCHIMT table B7-2 "Sectoral Questionnaire: Insurance Sector" from Annex I to this Instruction.

Among the subject entities mentioned in 1) and 2) of Article 1, payment service providers mentioned in I of Article L. 521-1 of the Monetary and Financial Code shall also submit the BLANCHIMT tables B7-1 "Sectoral Questionnaire: Banking Sector" and B9 "Declaring PSP Declaration" from Annex I to this Instruction.

The Caisse des dépôts et consignations shall submit all BLANCHIMT tables B0 to B10 from Annex I to this Instruction, with the exception of the BLANCHIMT table B7-2 "Sectoral Questionnaire: Insurance Sector."

Subject entities mentioned in 10) of Article 1 shall submit the BLANCHIMT tables B0 "Content of the submission" and B4 "Group approach" from Annex I to this Instruction.

Subject entities mentioned in 11) to 13) of Article 1 shall submit the BLANCHIMT table B2-1 "Head of the AML/CFT framework, Tracfin correspondent/declarant" mentioned in Article 2.

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Article 3
The information provided on tables B1 to B8 and B10 mentioned in Article 2 shall be finalized on December 31 of each calendar year.
The BLANCHIMT tables mentioned in Article 2 shall be sent no later than February 28 of each year to the General Secretariat of the Prudential Control and Resolution Authority. By exception, the table B9 mentioned in Article 2 shall be sent to the General Secretariat of the Prudential Control and Resolution Authority in the event of the identification of a payment service provider who repeatedly omits to provide the required information on the ordering or beneficiary party pursuant to Articles 8§2 and 12§2 of Regulation (EU) 2015/847 of May 20, 2015, on information accompanying fund transfers, on a quarterly basis, on paper support, and as of January 1, 2019, under the conditions provided for in Article 4.

In the event of the designation, during the year, of one or more Tracfin declarants or correspondents or of a head of the AML/CFT framework, or of the cessation of functions of one or more Tracfin declarants or correspondents or of the previously designated head of the AML/CFT framework, the updated data regarding the identity of the declarants, Tracfin correspondents, and the head of the AML/CFT framework, included in table B2-1 mentioned in Article 2, shall be sent to the General Secretariat of the Prudential Control and Resolution Authority on paper support, and as of January 1, 2019, under the conditions provided for in Article 4.

Article 4
The BLANCHIMT tables mentioned in Article 2 shall be submitted to the Prudential Control and Resolution Authority in electronic form on the ONEGATE portal.

They shall be electronically signed, according to the procedures defined by Instruction No. 2015-I-19 amended, with the exception of the second, third, and fourth paragraphs of Article 4 of that 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 amended, with the exception of the second and third paragraphs of Article 4 of that Instruction, for entities in the insurance sector.

They shall be signed by the persons ensuring the effective management of the subject entities within the meaning of:

• the second paragraph of Article L. 511-13, 4° of Article L. 532-2, II of Article L. 522-6, and 4° of Article L. 526-9 of the Monetary and Financial Code, for subject entities in the banking, investment services, payment, and electronic money sectors;
• II of Article L. 612-23-1 of the same Code or the first paragraph of II of Article L. 356-18 of the Insurance Code, for subject entities in the insurance sector;
• Article L. 518-11 of the Monetary and Financial Code, for the Caisse des dépôts et consignations.

The persons ensuring the effective management of an establishment affiliated with a central body may delegate the submission of the BLANCHIMT tables mentioned in Article 2 to the person mentioned in I of Article L. 561-32 of the Monetary and Financial Code designated at the group level.

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 mentioned 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 5
Subject entities shall retain, at the disposal of the General Secretariat of the Prudential Control and Resolution Authority, the information collected as well as all documents used in their preparation for a period of five years from their date of transmission.

Article 6
Branches of credit institutions, payment institutions, electronic money institutions, investment firms, and insurance companies mentioned respectively in 1°, 1° bis, 1° ter, 2°, and 6° of Article L. 561-2 of the Monetary and Financial Code, having their registered office in another Member State of the European Union or a party to the Agreement on the European Economic Area, shall also submit, in electronic form on the ONEGATE portal, no later than May 31 of each year to the General Secretariat of the Prudential Control and Resolution Authority, a report on their activity. The report shall include the following information:

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• an annual balance sheet and income statement of the branch, or any equivalent document prepared for tax administration purposes, for the last financial year;
• headcount or full-time equivalents (FTE), defined as persons actually working for the branch, whether or not they belong to its staff;
• a description of the branch's organization, including an organizational chart, with mention of the different units, their affiliation, their role, and their headcount;
• a synthetic description of the branch's activity, specifying in particular if (i) it holds accounts or manages contracts in its books; (ii) it carries out fund transfer operations; or (iii) it performs transmission or receipt of order operations;
• activity indicators for the last calendar year, namely the number of clients carrying out operations in France; the number and volume of operations and the breakdown by type of operations. The branch selects the relevant categories of clients and types of operations with regard to its activity and the risks of money laundering or terrorist financing;

This information shall be finalized on December 31 of each calendar year.

Article 7
Instruction No. 2012-I-04 of June 28, 2012, regarding information on the prevention framework for money laundering and terrorist financing, 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, is repealed.

Article 8 - Repealed

Article 9
This Instruction shall be published in the official register of the Prudential Control and Resolution Authority.

Done in Paris, on June 26, 2017
The President of the Prudential Control and Resolution Authority, [François VILLEROY de GALHAU]