Anti-money laundering—France—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-money laundering—France—Q&A guide
  • 1. Identify your jurisdiction’s money laundering and anti-money laundering (AML) laws and regulations. Describe the main elements of these laws.
  • 2. Describe any specific powers to identify proceeds of crime or to require an explanation as to the source of funds.
  • 3. Which government entities enforce your jurisdiction’s money laundering laws?
  • 4. Can both natural and legal persons be prosecuted for money laundering?
  • 5. What constitutes money laundering?
  • 6. Is there any limitation on the types of assets or transactions that can form the basis of a money laundering offence?
  • 7. Generally, what constitute predicate offences?
  • 8. Are there any codified or common law defences to charges of money laundering?
  • 9. What is the range of outcomes in criminal money laundering cases?
  • More...

Anti-money laundering—France—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to anti-money laundering in France published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Spitz Poulle Kannan AARPI—Arut Kannan; Jean-Baptiste Poulle; Rudolf Efremov

1. Identify your jurisdiction’s money laundering and anti-money laundering (AML) laws and regulations. Describe the main elements of these laws.

Under French law, money laundering and terrorist financing are criminal offences punishable by a fine or imprisonment. Consequently, the prosecution and the courts are tasked with prosecuting and sentencing persons for money laundering offences.

To detect or reduce money laundering or terrorist financing activities, certain entities and, in particular, banking and financial institutions are required to maintain AML procedures and policies. Any non-compliance with those procedures can lead to an administrative sanction by the relevant administrative authorities (the Prudential Supervision and Resolution Authority or the Financial Markets Regulator in relation to the banking and financial sector).

2. Describe any specific powers to identify proceeds of crime or to require an explanation as to the source of funds.

When investigating money laundering offences, the investigative authorities may be given certain exceptional prerogatives (under the supervision and control of the prosecution or a judge).

Under certain circumstances, the investigative authorities may pretend to act as the co-author or accomplice of persons suspected of money laundering. In those cases, they may

Popular documents