I.-The intermediary payment service provider shall apply effective procedures to detect whether the fields relating to information on the payer and payee provided for in the messaging or payment and settlement system used to effect a transfer of funds have been filled in using characters or elements that are permissible under the conventions of that system.
The intermediary payment service provider shall apply effective procedures including, where applicable, a posteriori or real-time checks to detect any absence of the following information on the payer and payee:
1° Where the payment service provider of the payer and payee are located in the territory of the French Republic, the absence of the information referred to in I of Article L. 722-10 ;
2° Where the payment service provider of the payer or payee is located outside the territory of the French Republic, the absence of the information referred to in I of Article L. 722-9 ;
3° In the case of batch transfers, where the payment service provider of the payer or payee is located outside the territory of the French Republic, the absence of the information referred to in I of Article L. 722-9. The absence of this information is investigated in batch transfers and not in individual transfers grouped together in batches.
II.-The intermediary payment service provider shall apply effective risk-based procedures, including procedures based on the risk assessment referred to in Article L. 561-4-1, to determine whether to carry out, reject or suspend a transfer of funds that is not accompanied by the required information on the payer and payee and to take the necessary follow-up measures under the conditions set out below.
Where the intermediary payment service provider finds, on receipt of the transfer of funds, that information on the payer or payee is missing or that the fields relating to that information have not been filled in using characters or elements which are permissible under the conventions of the messaging system or the payment or settlement system, it shall reject the transfer or request the required information on the payer and payee before or after transmitting the transfer, depending on its risk assessment.
Where a payment service provider repeatedly fails to provide the required information on the payer or payee, the intermediary payment service provider shall take action, which may initially include issuing warnings and setting deadlines. It may then reject any further transfers of funds from that payment service provider or restrict or terminate its business relationship with that payment service provider.
The intermediary payment service provider shall report this omission and the measures taken to the Autorité de contrôle prudentiel et de résolution.
The intermediary payment service provider shall take into account the missing information on the payer or payee in order to assess whether the transfer of funds or all transactions related to that transfer are suspicious and whether it is necessary to report it, in accordance with the obligations set out in Chapter I of Title VI of Book V, to the department referred to in Article L. 561-23.