French Monetary and Financial Code
In forceI. - The obligations laid down by the provisions of Chapters I and II of this Title, the European provisions directly applicable in terms of the fight against money laundering and terrorist financing, including those of the European regulations on restrictive measures taken pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union, as well as those taken pursuant to the same Article 215 for other purposes, shall be monitored with regard to the persons mentioned in 8°, 9°, 11° and 15° of Article L. 561-2 by inspections carried out by the administrative authority designated by decree in the Conseil d'Etat.
Inspections are carried out by inspectors specially authorised by the administrative authority.
Without being bound by professional secrecy, the inspectors may ask the persons inspected to disclose any document, regardless of the medium, and obtain a copy, as well as any information or justification necessary for the performance of their duties.
Inspectors may also obtain from State administrations, local and regional authorities, public establishments, the bodies mentioned in Article L. 134-1 of the Financial Jurisdiction Code and any other body or person entrusted with a public service mission the information necessary for the performance of their mission.
II. - The administrative authority responsible for inspecting the persons mentioned in 8°, 11° and 15° of Article L. 561-2 of this Code shall monitor compliance with the obligations set out in Chapters I and II of this Title, with directly applicable European provisions relating to the fight against money laundering and terrorist financing, including those of the European regulations on restrictive measures adopted pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union, as well as those adopted pursuant to the same Article 215 for other purposes under the conditions set out in Title V of Book IV of the Commercial Code.
III. - The administrative authority responsible for inspecting the persons referred to in 9° of Article L. 561-2 of this Code has access, during the business hours of these persons, to premises used for business purposes, excluding the parts of these premises used for private purposes, for the purposes of investigating and establishing breaches of the applicable rules referred to in the first paragraph of I. This authority may obtain any information or evidence necessary to carry out its duties, either on site or by summons.
It may interview any persons inspected in the interests of the investigations being carried out.
Interviews shall be recorded in minutes countersigned by the persons interviewed. If the persons interviewed refuse to sign, this is noted in the minutes.
The inspection procedure is forwarded as soon as possible to the National Enforcement Committee provided for in Article L. 561-38.
IV. - The obligations laid down in Chapters I and II of this Title, the European provisions directly applicable in terms of the fight against money laundering and terrorist financing, including those of the European regulations on restrictive measures taken pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union, as well as those taken pursuant to the same Article 215 for other purposes, shall be monitored by the Autorité Nationale des Jeux (French Gaming Authority) with regard to the persons mentioned in 9° bis of Article L. 561-2.
This control is carried out under the conditions set out in Article 42 of Law 2010-476 of 12 May 2010 on the opening up to competition and the regulation of the online gambling sector.
V. - The obligations laid down by the provisions of Chapters I and II of this Title, the European provisions directly applicable in terms of combating money laundering and terrorist financing, including those of the European regulations on restrictive measures taken pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union, as well as those taken pursuant to the same Article 215 for other purposes, shall be monitored on the persons mentioned in 10°, 11° bis and 14° of Article L. 561-2 by the competent administrative authority under the conditions laid down in Title II of the Customs Code.
VI. - The administrative authority responsible for inspecting the persons referred to in 16° of Article L. 561-2 of this Code is responsible for monitoring the obligations set out in Chapters I and II of this Title, the European provisions directly applicable in terms of the fight against money laundering and terrorist financing, including those of the European regulations on restrictive measures taken pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union, as well as those taken pursuant to the same Article 215 for other purposes under the conditions set out in Title III of the Sports Code.
VII. - The administrative authorities responsible for inspecting the persons mentioned in 8°, 9°, 9 bis, 10°, 11°, 11° bis, 15° and 16° of Article L. 561-2 may issue an injunction to the persons inspected to take the appropriate measures to comply with their obligations, without prejudice to any penalties that may be imposed by the National Sanctions Commission.
