Instruction No. 2018-I-20 of November 12, 2018, regarding information on the anti-money laundering and counter-terrorist financing framework for entities under Article L. 561-2 of the Monetary and Financial Code

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2018-I-20 regarding information on the anti-money laundering and counter-terrorist financing framework for entities referred to in item 1° quater of Article L. 561-2 of the Monetary and Financial Code

The Prudential Control and Resolution Authority, Having regard to Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006; Having regard to Commission Delegated Regulation (EU) 2018/1108 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by regulatory technical standards specifying criteria relating to the appointment of central contact points for electronic money issuers and payment service providers and by rules regarding their functions; 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 Opinion No. 2018-02 of the Advisory Committee on Combating Money Laundering and Terrorist Financing dated October 22, 2018, DECIDES

Article 1
The entities referred to in item 1° quater of Article L. 561-2 of the Monetary and Financial Code, hereinafter referred to as "the subject entities," are subject to this instruction.

Article 2
The subject entities shall submit to the General Secretariat of the Prudential Control and Resolution Authority (SGACPR) the following MONEY LAUNDERING tables from Annex I to this instruction, within 30 days of the commencement of their activity on French territory:

• B2-1 – Statistical data relating to the appointment of a permanent representative;
• B2-2 – Identity of the permanent representative and, where applicable, the natural person responsible or, failing that, the identity of the Tracfin correspondent(s) and declarant(s).

In the event of the appointment or change, during the calendar year, of the permanent representative or one or more Tracfin declarants or correspondents within the meaning of Articles R. 561-23 and R. 561-24 of the Monetary and Financial Code, the subject entities shall inform the SGACPR by transmitting, without delay, the MONEY LAUNDERING table B2-2 set out in Annex I to this instruction.

Article 3
I. The subject entities shall transmit to the SGACPR the following MONEY LAUNDERING tables from Annex I to this instruction:

• B1 – Risk assessment by the entity
• B2 – Organization of the AML/CFT framework
• B3 – Internal control of the AML/CFT framework
• B4 – Risk-adapted vigilance measures and detection of suspicious transactions
• B6 – Freezing of assets and restrictive measures
• B7 – Statistical data relating to AML/CFT frameworks and asset freezing
• B8 – Declaration of non-compliant PSP
• B12 – Free-form comments

II. Subject entities that provide payment services on French territory shall also submit the MONEY LAUNDERING table B5-1 – Payment services.
When they provide the service referred to in item 6° of II of Article L. 314-1 of the Monetary and Financial Code, they shall additionally submit the MONEY LAUNDERING table B10 – Statistics relating to fund transmission activity. Failing that, they shall submit the MONEY LAUNDERING table B9 – Statistics relating to payment services performed, excluding fund transmission.

III. Subject entities that distribute electronic money on French territory shall also submit the MONEY LAUNDERING tables B5-2 – Issuance and management of electronic money and B11 – Statistics relating to the activity of issuing and managing anonymous electronic money.

Article 4
Unless otherwise provided in the MONEY LAUNDERING tables set out in Annex I to this instruction, the information provided in tables B1 to B7 and B9 to B12 referred to in Article 3 shall be determined as of December 31 of each calendar year. The MONEY LAUNDERING tables referred to in Article 3 shall be sent to the SGACPR no later than March 31 of each year. By way of exception, table B9 referred to in Article 3 shall be sent to the SGACPR upon identification of a payment service provider that repeatedly fails to provide the required information on the orderer or the beneficiary, in application of the provisions of Articles 8(2) and 12(2) of Regulation (EU) 2015/847 of May 20, 2015, as mentioned above, on a quarterly basis. The MONEY LAUNDERING tables set out in Annex I to this instruction shall be signed by the permanent representative referred to in VI of Article L. 561-3 of the Monetary and Financial Code or, failing that, by the persons ensuring the effective management of the subject entity.

Article 5
The subject entities shall transmit to the SGACPR, where applicable, through their permanent representative referred to in Article 2, the financial results concerning the entirety of the activity carried out in France by means of one or more agents referred to in Article L. 523-1 of the Monetary and Financial Code or one or more persons for the purpose of distributing electronic money within the meaning of Article L. 525-8. These financial results shall be submitted to the SGACPR no later than March 31 of each year, concerning the activity carried out during the last closed financial year.

Article 6
The information submitted in application of this instruction shall be sent on paper to the following address:
General Secretariat of the Prudential Control and Resolution Authority Permanent Control Pole AML/CFT 66-2760 4, Place de Budapest - CS 92459 75436 Paris Cedex 09

In addition to the paper submission, the subject institutions shall also submit this information electronically to the following address:
2760-pole-lcbft-ut@acpr.banque-france.fr

Article 7
The subject entities shall retain, at the disposal of the SGACPR, the information collected as well as all documents used in their preparation for a period of five years from their date of submission.

Article 8
Instruction No. 2013-I-08 of June 24, 2013, regarding information to be submitted in application of VI of Article L. 561-3 and III of Article D. 561-3-1 of the Monetary and Financial Code, is repealed.

Article 9
Questions No. 7.080, 7.090, 7.150, and 7.160 appearing in table B7 in Annex I to this instruction shall enter into force for the submission made no later than March 31, 2020, for the financial year 2019.

Article 10
This instruction shall be published in the Official Register of the Prudential Control and Resolution Authority.
Done in Paris, November 12, 2018
The Designated President,
[Denis BEAU]