I. – The persons referred to in Article L. 561-2 shall set up an organisation and internal procedures to combat money laundering and terrorist financing, taking into account the risk assessment provided for in Article L. 561-4-1. Taking into account the volume and nature of their business and the risks presented by the business relationships they establish, they shall determine a profile of the business relationship enabling the constant vigilance provided for in Article L. 561-6 to be exercised.
When the above-mentioned persons belong to a group as defined in Article L. 561-33, and if the parent company of the group has its registered office in France, the parent company shall define the organisation and procedures mentioned above at group level and shall ensure that they are complied with.
The persons mentioned above shall set up a risk management system to detect the persons mentioned in 1° and the transactions mentioned in 3° of Article L. 561-10 as well as those mentioned in Articles L. 561-10-2 and L. 561-15.
They shall designate, taking into account the size and nature of their business, a person in a senior management position with sufficient knowledge of their exposure to the risk of money laundering and terrorist financing as the person responsible for implementing the system to combat money laundering and terrorist financing. Where applicable, such a person shall also be designated at group level as defined in Article L. 561-33.
II. – To ensure compliance with the obligations laid down in Chapter I of this Title, the persons mentioned in Article L. 561-2 shall also implement internal control measures.
In their staff recruitment policy, they shall take into account the risks posed by individuals with regard to the fight against money laundering and terrorist financing.
III. – The conditions for application of this article are defined by decree in the Conseil d’Etat. In addition, for the persons referred to in 1° to 7° of Article L. 561-2, decrees issued by the Minister for the Economy or, for those persons referred to in 2° of I of Article L. 561-36, the General Regulation of the Autorité des marchés financiers shall specify, as necessary, the nature and scope of the internal procedures provided for above.