Instruction No. 2019-I-24 of June 3, 2019 amending Instruction No. 2017-I-11 of June 26, 2017 regarding information on the anti-money laundering and counter-terrorist financing prevention framework

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2019-I-24 amending Instruction No. 2017-I-11 of June 26, 2017 regarding information on the anti-money laundering and counter-terrorist financing prevention framework

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 Instruction No. 2017-I-11 regarding information on the anti-money laundering and counter-terrorist financing prevention framework; Having regard to Opinion No. 2019-02 of the Anti-Money Laundering and Counter-Terrorist Financing Advisory Commission of April 10, 2019,

DECIDES

Article 1:
Article 1 of the aforementioned Instruction No. 2017-I-11 is supplemented by three paragraphs drafted as follows:

"11) Persons referred to 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 referred to 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 referred to 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
Article 2 of the aforementioned Instruction No. 2017-I-11 is amended as follows:

1° In the fifth bullet point, after the words: "B3- Internal control of the AML-CFT framework", the words: "and of the client, account, and person identification framework in the context of combating tax evasion and fraud" are inserted;

2° After the fifth bullet point, a sixth bullet point is inserted drafted as follows:

"B4- Group Approach";

3° A paragraph is added drafted as follows:

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

Article 3:
Article 4 of the aforementioned Instruction No. 2017-I-11 is amended as follows:

1° The second paragraph is replaced by two paragraphs drafted as follows:

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

"They are signed by the persons ensuring the effective management of the entities subject to the following:"

2° A paragraph is added drafted as follows:

"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 referred to 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 4:
In the first paragraph of Article 6 of the aforementioned Instruction No. 2017-I-11, the words: "on paper" are replaced by the words: "in electronic form on the ONEGATE portal".

Article 5:
Annex I to the aforementioned Instruction No. 2017-I-11 is replaced by Annex I to the present Instruction, effective from the submission of BLANCHIMT tables for the 2019 fiscal year.

Annex II to the aforementioned Instruction No. 2017-I-11 is replaced by Annex II to the present Instruction.

Article 6:
The present Instruction is published in the official register of the Prudential Control and Resolution Authority.

Paris, June 3, 2019

The President,
[François VILLEROY de GALHAU]