Periodic questionnaire on the prevention of money laundering and terrorist financing

The FSMA published Circular FSMA_2023_09, informing entities subject to the fight against money laundering and terrorist financing (AML/CFT) about the content and methods of transmitting information to assess the compliance and effectiveness of their AML/CFT measures.
This circular provides detailed information on the FSMA’s approach to AML/CFT control, the questionnaire that entities subject to this control must complete, and the methods of transmitting this information to the FSMA. The circular also provides information on the role of the AML/CFT compliance officer, the different questionnaires developed for each category of entities, and the sources of information that the FSMA will use to determine the entity’s AML/CFT risk profile.
The FSMA collects this information through an annual questionnaire, which is an important tool in the exercise of its legal powers of permanent control over AML/CFT. The circular provides information on the periodic questionnaire that the FSMA intends to use to obtain standardized information on the inherent risks related to money laundering and terrorist financing that threaten the entity and the quality of the risk control measures taken by the entity.
The circular also provides information on the types of questions that will be asked in the questionnaire, the format of the responses, and the sources of information that the FSMA will use to determine the entity’s AML/CFT risk profile. The circular also explains the role of the AML/CFT compliance officer in analyzing atypical transactions and implementing policies and procedures to ensure compliance with the law. The circular also provides information on the different questionnaires that have been developed for each category of entities subject to the FSMA’s control.
Entities subject to the obligation to report will be invited by email to complete the survey. The circular emphasizes the importance of providing sincere and objective responses that correspond to the entity’s internal policies, procedures, and risk control measures. The FSMA expects the entity to complete the questionnaire and transmit it to them according to the methods described in the circular. The questionnaire of 31 December 2022 has been made available on the FiMiS platform on 25 April 2023 and must be completed as soon as possible and no later than 29 May 2023.
##### ANNEXES:
1. FSMA_2023_09-01 / AML_AMC Questionnaire for obliged entities referred to in points 1 to 6 and to point 10 (for non-public entities) of the scope of this circular
2. FSMA_2023_09-02 / AML_CIS questionnaire for obliged entities referred to in point 9 and
in point 10 (for public entities) of the scope of this circular
3. FSMA_2023_09-03 / AML_EXC questionnaire for exchange offices
4. FSMA_2023_09-04 / AML_IFP questionnaire for independent financial planners
5. FSMA2023 09-05 / AML_INBABR questionnaire for brokers in banking services and investment
6. FSMA_2023_09-06 / AML_INAS questionnaire for insurance intermediaries
7. FSMA_2023_09-07 / AML_LE questionnaire for lenders
8. FSMA_2023_09-08 / FiMiS User Guide for AML Surveys
9. FSMA_2023_09-09 / User manual for insurance intermediaries, banking and investment services intermediaries and lenders