Instruction No. 2022-I-01 of February 8, 2022, regarding information on the anti-money laundering and counter-terrorist financing framework of entities established in France under Article L. 561-2 of the Monetary and Financial Code

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2022-I-01 regarding information on the anti-money laundering and counter-terrorist financing framework of the entities referred to in point 7° bis of Article L. 561-2 of the Monetary and Financial Code and established in France

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 Opinion No. 2022-01 of the Consultative Committee on Combating Money Laundering and Terrorist Financing dated January 28, 2022, DECIDES

Article 1:
This Instruction applies to the entities referred to in point 7° bis of Article L. 561-2 of the Monetary and Financial Code and established in France, hereinafter referred to as "the subject entities".

Article 2:
The subject entities shall submit the MONEY LAUNDERING tables in the Annex to this Instruction to the General Secretariat of the Prudential Control and Resolution Authority (SGACPR).

However, subject entities that submit MONEY LAUNDERING tables to the SGACPR by virtue of their membership in one of the categories of entities referred to in points 1° to 6° bis of the aforementioned Article L. 561-2 shall submit only the MONEY LAUNDERING table B7.5 of Annex I to this Instruction to the SGACPR.

Article 3:
The information provided on the tables referred to in Article 2 shall be finalized on December 31 of each calendar year. By way of exception, for the tables submitted for the year 2021, the responses to questions 1.010 to 1.070, 1.080, 2.080, 7.075, and 7.080 must cover the modifications made since the date of the last decision of the Autorité des Marchés Financiers regarding registration for the services referred to in point 1° or 2° of Article L. 54-10-2 of the Monetary and Financial Code.

The tables referred to in Article 2 shall be sent no later than March 31 of each year to the General Secretariat of the Prudential Control and Resolution Authority.

By way of exception, the tables submitted for the year 2021 shall be sent no later than May 31, 2022, to the SGACPR.

In the event of the designation during the calendar year of one or more Tracfin declarants or correspondents or of a person responsible for the AML/CFT framework, or of the cessation of the functions of one or more Tracfin declarants or correspondents or of the person previously designated as responsible for the AML/CFT framework, the updated data relating to the identity of the Tracfin declarants or correspondents or the person responsible for the AML/CFT framework, included in the table referred to in Article 2, shall be sent without delay to the service responsible for the permanent supervision of the subject entity within the SGACPR, in accordance with the conditions set out in Article 4.

Article 4:
The information submitted pursuant to this Instruction shall be signed by the persons who effectively manage the subject entity and sent on paper to the following address:

General Secretariat of the Prudential Control and Resolution Authority AML/CFT Permanent Supervision Service 66-2746, 4 Place de Budapest CS 92459 75436 Paris Cedex 09

In addition to the paper submission, the subject entities shall also submit this information electronically in Excel format to the following address:
2746-pole-3a-ut@acpr.banque-france.fr.

Article 5:
The subject entities shall keep the collected information and all documents used to prepare it available to the SGACPR for a period of five years from the date of transmission.

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

Done in Paris, on February 8, 2022
The Designated President,
Denis BEAU