I. – The department referred to in Article L. 561-23 may also communicate as soon as possible, at their request or on its own initiative, to counterpart foreign financial intelligence units information that it holds on sums or transactions that appear to have as their purpose the laundering of the proceeds of an offence punishable by a custodial sentence of more than one year or the financing of terrorism, subject to reciprocity, even if the nature of the associated underlying offence likely to be involved is not identified at the time the exchange occurs, and if the following conditions are met:
a) The foreign authorities are subject to at least equivalent obligations of confidentiality ;
b) The processing of the information communicated guarantees a sufficient level of protection of the privacy and fundamental rights and freedoms of individuals, in accordance with articles 122 and 123 of law no. 78-17 of 6 January 1978.
The decision to communicate information to a foreign financial intelligence unit and to restrict its use, where applicable, remains the exclusive responsibility of the department referred to in Article L. 561-23.
Such information may not be disclosed if this would be prejudicial to national sovereignty or interests, security or public order.
II. – The department referred to in Article L. 561-23 shall, as soon as possible and to the greatest extent possible, give its prior agreement to the transmission, by the counterpart financial intelligence unit to its competent authorities, of the information referred to in I, regardless of the nature of the associated underlying offence. The department may only object, in a reasoned response, to such transmission if it does not fall within the scope of the national provisions applicable to the fight against money laundering and terrorist financing, if it is likely to hinder an investigation or if it is contrary to the rights and freedoms guaranteed by the Constitution.