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Article D561-34-1 of the French Monetary and Financial Code

I.-The transmission of information pursuant to the provisions of I of Article L. 561-28 and Articles L. 561-29-1 and L. 561-31 shall be signed by the Director, his deputy or department staff specially appointed for this purpose by the Director. II – The information memorandum provided for in Article L. 561-30-1 is sent to the Public Prosecutor under the conditions set out in I. Except in emergencies, it shall be…

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Article D561-35 of the French Monetary and Financial Code

I. – The only persons who may be assigned to the TRACFIN department, after having received prior authorisation, are public servants and employees made available pursuant to Article 13 of Decree no. 85-986 of 16 September 1985 relating to the special status of certain positions of State employees and to certain procedures for making employees available and definitively terminating their duties. II. – Agents assigned to the TRACFIN department or…

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Article R561-36 of the French Monetary and Financial Code

I. – For the purposes of Article L. 561-24, the TRACFIN department shall notify the person designated under I of Article R. 561-23 in writing, directly and by any means, of its opposition to the execution of one or more given transactions and any other transactions that may be carried out, which are related to them by their purpose, amount, destination or the means of payment used. II. – For…

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Article R561-36-1 of the French Monetary and Financial Code

I. – The persons referred to in Article L. 561-2 shall be informed directly, in writing and by any means likely to confer a date certain and to guarantee the security and conservation of this designation by the TRACFIN department, for a specified period. In the case of avocats au Conseil d’Etat et à la Cour de cassation and avocats, except where the latter are acting as trustees pursuant toArticle…

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Article R561-37 of the French Monetary and Financial Code

I. – For the purposes of the first paragraph of I of Article L. 561-30-2, the TRACFIN department shall inform the person designated pursuant to I of Article R. 561-23 , in writing and by any means, of the transmission to the public prosecutor of the information memorandum referred to in Article L. 561-30-1, within fifteen days of such transmission. II. – For the purposes of the second paragraph of…

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Article R561-37-1 of the French Monetary and Financial Code

The TRACFIN department shall keep records to ensure traceability of: 1° Requests for information that it sends, pursuant toArticle L. 561-27, to the public prosecutor, the investigating judge and the officers and agents of the judicial police referred to in Articles 60-1, 77-1 and 99-3 of the Code of Criminal Procedure; 2° Requests for information that are sent to it pursuant toArticle L. 561-29, when they relate to terrorism or…

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Article R561-38 of the French Monetary and Financial Code

The persons referred to in Article L. 561-2 shall ensure that the organisation of the system for combating money laundering and terrorist financing referred to in I of Article L. 561-32 is adapted to their size, the nature of their activities and the risks identified by the risk classification referred to in Article L. 561-4-1. This organisation must be equipped with tools and material and human resources to enable the…

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Article R561-38-1 of the French Monetary and Financial Code

The persons referred to in Article L. 561-2 shall ensure that the persons involved in implementing the obligations laid down in this chapter have the appropriate experience, qualifications and hierarchical position to perform their duties. In addition, they shall ensure that these persons receive training appropriate to their duties or activities, their hierarchical position and the risks identified by the risk classification referred to in Article L. 561-4-1 , and…

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