Subsection 1: Obligations relating to the fight against money laundering and terrorist financing

I-Subject to the provisions mentioned in II and III, the articles mentioned in the left-hand column of the table below shall apply in the Wallis and Futuna Islands in the wording indicated in the right-hand column of the same table:

II - For the application of the articles mentioned in the table above :

1° References made toOrder No. 45-2138 of 19 September 1945 establishing the Ordre des Experts Comptables and regulating the titles and profession of Chartered Accountant, the references made to the chambers of notaries and toOrder No. 45-2590 of 2 November 1945 on the status of notaries and the references made to the departmental chambers of bailiffs and toOrder No. 45-2592 of 2 November 1945 on the status of bailiffs as well as the references made to the disciplinary chamber of auctioneers are replaced by references to the authorities exercising the power of control and sanction over these professions in accordance with locally applicable regulations and locally applicable provisions having the same purpose;

2° References to Law no. 2010-476 of 12 May 2010 do not apply and references to the Autorité Nationale des Jeux are replaced by locally applicable provisions having the same effect.

III - For the application of the articles mentioned in the table above :

1° In Article L. 561-2:

a) In 8°, references toArticle 1 of Act no. 70-9 of 2 January 1970 regulating the conditions governing the exercise of activities relating to certain transactions involving real estate and business assets are replaced by references to locally applicable provisions having the same effect. " ;

b) References to branches of establishments mentioned in Articles L. 511-22, L. 511-23, L. 522-13, L. 526-24, L. 532-18-1, L. 532-20-1 and L. 532-21-3 are not applicable;

c) A new 9° ter is inserted after 9° bis and reads as follows: :

9° ter. The legal representatives of persons holding the authorisation provided for inArticle L. 321-3 of the Internal Security Code, as applicable in the Wallis and Futuna Islands. ;

d) In 13° of Article L. 561-2, lawyers, notaries, commissaires de justice, court-appointed administrators, court-appointed agents and court-appointed auctioneers are understood to mean similar activities regulated in accordance with locally applicable provisions;

2° In Articles L. 561-3, L. 561-36, L. 561-36-2, L. 561-36-3 and L. 561-37, the words: European regulations on restrictive measures taken pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union, as well as those taken pursuant to the same Article 215 for other purposes, are replaced by the words: European regulations mentioned in Article L. 712-10 ;

3° In the last paragraph of Article L. 561-4-1, the words: and the recommendations of the European Commission resulting from the report provided for in Article 6 of Directive 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing are not applicable ;

4° In Articles L. 561-8 and L. 561-22, the words: the Banque de France on the basis of Article L. 312-1 are replaced by the words: the Institut d'émission d'outre-mer on the basis of Article L. 754-2 ;

5° In Article L. 561-20, the words: in the European Union or the European Economic Area or, or in another Member State of the European Union, in a State party to the European Economic Area or and in a Member State of the European Union or in a State party to the Agreement on the European Economic Area or are deleted;

6° When the department referred to in Article L. 561-23 has received information about fraudulent evasion or attempted fraudulent evasion of the assessment or payment of all or part of the taxes provided for under local tax regulations, it may pass this information on to the local authority's tax authorities. It may also pass on information to the local authority's tax authorities concerning the laundering of tax fraud in accordance with local regulations. In the latter case, the local authority's tax authorities will forward the information to the public prosecutor with the approval of the tax offences committee referred to inarticle 1741 A of the General Tax Code. The latter will rule on whether the suspicions of tax fraud declared to the department referred to in article L. 561-23 of this code are reasonably sufficient;

7° For the application in the Wallis and Futuna Islands of the provisions of Article L. 561-31, the offence of tax fraud is considered to be either the offence provided for by the provisions of Article 1741 of the General Tax Code committed by the persons or bodies to which these provisions apply, or, for persons and bodies subject to locally established tax regulations, the fact of having fraudulently evaded or attempted to fraudulently evade the assessment or partial or total payment of the taxes provided for therein;

8° In Article L. 561-31-2 :

a) In the second paragraph of I, the words: the Europol national unit mentioned in paragraph 2 of Article 7 of Regulation 2016/794 of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) are replaced by the words: the national unit responsible for liaison with Europol ;

b) In II, the words: in the cases provided for in the aforementioned paragraph 7 of Article 7 of Regulation 2016/794 are replaced by the words: if such communication is contrary to the essential security interests of France or leads to the disclosure of information concerning organisations or specific intelligence activities in the field of national security;

9° In Article L. 561-36 :

a) References to the customs administration, the government departments responsible for competition, consumer affairs and fraud control and references to the sports federation are replaced by references to the competent local bodies with the same purpose ;

b) References to articles L. 532-20-1, L. 532-21-3 and L. 621-18-5 are deleted;

c) References to Law no. 71-1130 of 31 December 1971 reforming certain judicial and legal professions are replaced by references to local provisions having the same effect;

10° In Article L. 561-36-1 :

a) In II, after the words: and the regulatory provisions adopted for their application, the end of the sentence is worded as follows: the provisions of Articles L. 722-3 to L. 722-5 and L. 722-9 to L. 722-17 relating to information on the originator and beneficiary accompanying transfers of funds, as well as the provisions of the second paragraph of this Article ;

b) In the first paragraph of VII, the reference to Article L. 613-20-2 is deleted;

11° In 5° of Article L. 561-38, references to the sports federation are replaced by references to locally competent bodies, with the same purpose;

12° In 4° of Article L. 561-46, references to customs officials are replaced by references to locally competent customs officials;

13° In Article L. 561-47, references to the Commercial Court are replaced by references to the Court of First Instance ruling on commercial matters.