Subsection 2: The National Enforcement Committee

Any breach of the provisions of Sections 3, 4, 5 and 6 of this Chapter, of Chapter II of this Title, of directly applicable European provisions on combating 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…

The Minister for the Economy shall set up a National Sanctions Commission responsible for imposing the sanctions provided for in Article L. 561-40. It shall deal with breaches detected during inspections carried out pursuant to Article L. 561-36-2: 1° By the Minister for the Economy or the Minister for the Budget for the persons mentioned in 8° of Article L. 561-2; 2° By the Minister for the Interior, the Minister…

I. – The National Enforcement Committee is made up of a member of the Conseil d’Etat as chairman, appointed by the vice-chairman of the Conseil d’Etat, a member of the Cour de cassation, appointed by the first chairman of the Cour de cassation and a magistrate of the Cour des comptes, appointed by the first chairman of the Cour des comptes, as well as four persons qualified in legal or…

I. – The National Sanctions Committee may impose one of the following administrative sanctions: 1° A warning ; 2° a reprimand 3° A temporary ban on exercising the activity or exercising managerial responsibilities within a legal entity exercising this activity for a period not exceeding five years; 4° Withdrawal of authorisation or professional licence. The penalty provided for in 3° may be suspended. If, within a period of five years…

I. – The Commission Nationale des Sanctions (National Enforcement Committee) receives reports or procedures drawn up following inspections carried out by the administrative authorities referred to in Article L. 561-36-2. II. – The Secretary General of the Commission notifies the respondent of the objections likely to be upheld by the Commission. When the complaints are notified to a legal entity, they are also notified to its legal representatives and, in…

The chairman of the National Sanction Commission appoints a rapporteur. The rapporteur may not receive any instructions. The Commission shall reach its decision by reasoned decision, without the presence of the rapporteur of the case. No sanction may be imposed without the person concerned or his representative having been heard or, failing this, having been duly summoned.

Appeals against decisions of the Commission Nationale des Sanctions (National Sanctions Commission) are appeals of full jurisdiction.

The conditions for the application of this sub-section, in particular the conditions for challenging the members of the National Enforcement Committee, are defined by decree in the Conseil d’Etat.