French Monetary and Financial Code
In forceI. - No proceedings based on articles 226-10, 226-13 and 226-14 of the French Criminal Code may be brought against :
a) The persons mentioned in Article L. 561-2 or their directors and officers or the authorities mentioned in Article L. 561-17 when they have, in good faith, made the declaration provided for in Article L. 561-15 under the conditions prescribed by the applicable legislative or regulatory provisions or when they have communicated information to the department mentioned in Article L. 561-23 pursuant to Article L. 561-25 or when they have, in good faith, reported a discrepancy pursuant to Article L. 561-47-1 ;
b) The supervisory authorities that have sent information to the department mentioned in Article L. 561-23 pursuant to II of Article L. 561-28 or that have reported a discrepancy pursuant to Article L. 561-47-1 ;
c) Persons who have sent information to this department pursuant to Article L. 561-27 and III of Article L. 561-28;
d) The employees or managers of the persons mentioned in Article L. 561-2 when they have reported a suspicion of money laundering or terrorist financing as part of the internal control system provided for in Article L. 561-32.
II. - No civil liability action may be brought or any professional sanction or measure that is prejudicial or discriminatory in terms of employment, among those mentioned in the second paragraph ofArticle L. 1132-3-3 of the Labour Code, pronounced against :
a) The persons referred to in Article L. 561-2 or their managers and agents or the authorities referred to in Article L. 561-17, where they have, in good faith, made the declaration provided for in Article L. 561-15 under the conditions prescribed by the applicable legislative or regulatory provisions, in particular by Article L. 561-16, or when they have communicated information to the department mentioned in Article L. 561-23 pursuant to Article L. 561-25 or when they have, in good faith, reported a discrepancy pursuant to Article L. 561-47-1 ;
b) The supervisory authorities that have sent information to the department mentioned in Article L. 561-23 pursuant to II of Article L. 561-28 or that have reported a discrepancy pursuant to Article L. 561-47-1 ;
c) Persons who have sent information to this department pursuant to Article L. 561-27 and III of Article L. 561-28;
d) The employees or managers of the persons mentioned in Article L. 561-2 when they have reported a suspicion of money laundering or terrorist financing as part of the internal control system provided for in Article L. 561-32.
In the event of loss resulting directly from such a report or disclosure, the State shall be liable for the loss suffered.
III. - The provisions of this Article shall apply even if proof of the criminal nature of the acts giving rise to the report referred to in Article L. 561-15, the information transmitted pursuant to Articles L. 561-27 and L. 561-28 or the exercise of the right of communication provided for in Article L. 561-25 has not been provided or if the proceedings instituted in respect of these acts have been terminated by a decision to dismiss, acquit or acquit.
IV. - When the transaction has been carried out as provided for in Articles L. 561-16 or L. 561-24 and unless there has been fraudulent collusion with the owner of the sums or the perpetrator of the transaction, the persons referred to in Article L. 561-2 shall be released from any liability and no criminal proceedings may be brought against them in this respect pursuant to Articles 222-34 to 222-41, 321-1, 321-2, 321-3, 324-1, 324-2 and 421-2-2 of the Criminal Code or Article 415 of the Customs Code.
V. - Except in the case of fraudulent collusion with the owner of the sums or the perpetrator of the transaction, the criminal liability of the persons mentioned in 1° of Article L. 561-2 may not be held criminally liable, pursuant to Articles 222-34 to 222-41, 321-1, 321-2, 321-3, 324-1, 324-2 and 421-2-2 of the Criminal Code or Article 415 of the Customs Code, when they open an account designated by the Banque de France in accordance with Article L. 312-1 of this Code and Article L. 52-6-1 of the Electoral Code.
The same applies to transactions carried out by the person so designated where the customer has been the subject of a declaration referred to in Article L. 561-15 and where the person has complied with the due diligence obligations set out in II of Article L. 561-10-1 and Article L. 561-10-2.
VI. - When, following a designation made by the department mentioned in Article L. 561-23 pursuant to 2° of Article L. 561-26, the persons mentioned in Article L. 561-2 continue the business relationship, neither their civil or professional liability nor their criminal liability pursuant to Articles 222-34 to 222-41, 321-1 to 321-3, 324-1, 324-2, 421-2-2 and the third paragraph of Article 421-5 of the Criminal Code or Article 415 of the Customs Code may be incurred.
The first paragraph of this VI shall apply unless there is fraudulent collusion with the owner of the sums or the perpetrator of the transaction and subject to the implementation in good faith of the obligations of vigilance and declaration of the persons mentioned in Article L. 561-2.
