I.-When a person mentioned in 1° to 1°c or 5° to 6°a of Article L. 561-2 has a cross-border correspondent relationship with a financial institution located in a country that is not a member of the European Union or a party to the Agreement on the European Economic Area, or a relationship with a view to carrying out securities transactions or transfers of funds, the reporting entity shall implement vis-à-vis the foreign financial institution with which it has a relationship, in addition to the measures provided for in Articles L. 561-5, L. 561-5-1 and L. 561-6, additional due diligence measures defined by decree of the Conseil d’Etat. 561-5, L. 561-5-1 and L. 561-6, additional due diligence measures defined by decree in the Conseil d’Etat.
The persons mentioned in 1° to 1°c and 5° to 6°a of Article L. 561-2 are prohibited from establishing or maintaining a correspondent relationship with an establishment carrying out equivalent activities set up in a country where it does not have an effective physical presence allowing it to carry out direction and management activities, if it is not attached to a regulated establishment or group.
The persons mentioned in 1° to 1°c and 5° to 6°a of Article L. 561-2 shall take appropriate measures to ensure that they do not enter into or maintain a correspondent relationship with a person who itself maintains correspondent relationships that enable an institution set up under the conditions mentioned in the previous paragraph to use its accounts.
II.For the application of the provisions of I, the notion of correspondent relationship refers to the performance of banking transactions, by a person mentioned in 1° or 5° of Article L. 561-2 operating as a correspondent, including the provision of a current account and related services, such as cash management, international fund transfers, cheque clearing, transit accounts and foreign exchange services to another person mentioned in 1° or 5° of Article L. 561-2 who is its customer.
This concept also refers to relationships between and among the persons mentioned in 1° to 1°c and 5° to 6°a of Article L. 561-2, including when similar services are provided by a correspondent institution with a client institution, and including relationships established for securities transactions or fund transfers.
The transit accounts mentioned in the first paragraph refer to correspondent accounts used directly by third parties to carry out transactions on their own behalf.