Lutte contre le blanchiment de capitaux et le financement du terrorisme : l’AMF applique les orientations de l’Autorité bancaire européenne

On 22 February 2023, the AMF issued a press release, informing about the publication of its Position DOC-2023-01 entitled „EBA guidelines on policies and procedures in relation to compliance management and the role and responsibilities of the AML/CFT compliance officer“ with reference to the corresponding EBA Guidelines EBA/GL/2022/05 in the context of the 4AMLD, aiming to incorporate the EBA Guidelines on policies and procedures in relation to compliance management and the role and responsibilities of the AML/CFT compliance officer into the AMF Doctrine.
Indeed, back in June 2022, EBA published the aforementioned guidelines on policies and procedures in relation to compliance management and the role and responsibilities of the AML/CFT compliance officer. These EBA guidelines aim to ensure a common understanding, by competent authorities and credit or financial institutions, of an appropriate implementation of AML/CFT internal governance arrangements throughout the European Union, in accordance with the requirements of the 4AMLD.
The AMF hereby applies these EBA guidelines within the framework of the supervision of market participants coming within its jurisdiction under the terms of the French Monetary and Financial Code. These AMF guidelines set clear expectations of the role, tasks and responsibilities of the AML/CFT compliance officer and the management body. They specify that credit or financial institutions should appoint one member of their management body who will ultimately be responsible for the implementation of the AML/CFT obligations, and clarify the tasks and functions of that person. They also describe the roles and responsibilities of the AML/CFT compliance officer, when this person is appointed by the management body pursuant to the proportionality criteria. When the credit or financial institution is part of a group, the guidelines prescribe that a group AML/CFT compliance officer should be appointed and clarify this person’s tasks and responsibilities.