Compliance

Compliance with the law, respect, integrity, transparency, excellence, professionalism, confidentiality and social responsibility are the basic principles that inspire the actions and govern the activity of CaixaBank.

CaixaBank's Code of Ethics and Anti-Corruption Policy seek to ensure not only compliance with applicable legislation, but also a firm commitment to its ethical principles as signatories of the United Nations Global Compact. In accordance with CaixaBank's Code of Ethics and Business Conduct and the principle of compliance with the law, CaixaBank defines, in its Corporate Criminal Compliance Policy, the crime prevention model, which includes the set of measures aimed at preventing, detecting and reacting to criminal conduct and identifies the risks and controls associated with the same that are established.

All employees, managers and members of its administrative body must comply with the laws and regulations in force at all times, as well as any internal regulations or circulars of CaixaBank, where, among others, the fight against money laundering and the financing of terrorism is a priority.

CaixaBank, S.A., branch in France, as part of the CaixaBank International Network, encourages and promotes compliance with ethical values and principles within its sphere of competence.

All the information on the main responsible policies and principles in social and environmental matters can be found at Ethics and integrity policies | CaixaBank

Prevention of Money Laundering and International Financial Sanctions

The CaixaBank Group is firmly committed to the prevention of money laundering and the prevention of the financing of terrorist activities, and to compliance with International Financial Sanctions and Countermeasures Programs.

CaixaBank S.A., Branch in France has adopted this commitment by complying with the laws, regulations and directives applicable in France and with the supervision of the local authorities, in particular the Banque de France, the Commission Nationale de l'Informatique et des Libertés, and the Autorité de Contrôle Prudentiel et de Résolution. CaixaBank S.A., branch in France, also promotes the application of the highest international standards in this area (European Banking Authority (EBA), European Central Bank (ECB), Financial Action Task Force (FATF), among others).

In this context, we are required to determine the identity of each customer and each person acting on behalf of the customer in accordance with applicable anti-money laundering, international sanctions and tax information exchange legislation. Therefore, we may need to contact you to obtain information to enable us to complete our due diligence and know-your-customer (KYC) process prior to entering into a business relationship with you, and also to obtain additional information during the course of our business relationship.

Under any applicable anti-money laundering, international sanctions and tax information exchange legislation, we may not be able to process transactions or transactions with you or for you, or otherwise deal with you, in the event that, in our opinion, such legislation is breached. In the event of suspected money laundering, terrorist financing and/or any other criminal activity and/or non-compliance with international sanctions, we may be required to report information about you/your bank accounts to law enforcement and/or terminate the business relationship altogether.

In addition, depending on your circumstances, we may be required to report information about you to the French, US or other tax authorities in accordance with the US Foreign Account Tax Compliance Act 2010, the Organization for Economic Cooperation and Development's Common Reporting Standard and/or other similar rules. Such information may be shared with other authorities around the world.

Regarding Sanctions, the CaixaBank Group complies with laws, regulations, embargoes or restrictive measures of an economic or commercial nature or restrictive measures administered, enacted or enforced by (hereinafter, the "Sanctions") (i) the United States of America; (ii) the United Nations; (iii) the European Union or any present or future member state thereof; (iv) the United Kingdom; or (v) the respective governmental institutions and agencies of any of the foregoing, including, without limitation, the Office of Foreign Assets of the United States Department of the Treasury. ("OFAC"), the French Ministry of Economy and Finance, His Majesty's Treasury (collectively, the "Sanctioning Authorities").

CaixaBank is prohibited from maintaining a business relationship with a person who:

Está prohibido que CaixaBank mantenga una relación comercial con una persona que:

  1. is on a Sanctions List, or is owned or controlled (directly or indirectly) by, or acting on behalf of, a person on a Sanctions List;

  2. is located in, incorporated or organized under the laws of, or owned or (directly or indirectly) controlled by, or acting on behalf of, a person located in, incorporated or organized under the laws of a country or territory that is, or whose government is, the subject of Sanctions at the country or territory level (including, without limitation, Iran, North Korea and Syria);

  3. is otherwise subject to Sanctions (hereinafter referred to as "Restricted Persons");

  4. participates in or controls a Restricted Person;

  5. acts directly or indirectly for or on behalf of such Restricted Person;

  6. participates in or controls a Restricted Person;

  7. is incorporated, located, has its principal place of business or is resident in a country or territory, or whose government is subject to Sanctions;

  8. that maintains any commercial relationship or has any activity or business for or with any person from countries, territories or jurisdictions subject to Sanctions;

  9. you use any part of the proceeds of any CaixaBank Agreement directly or indirectly to make funds available to or receive from any person subject to Sanctions or to finance, directly or indirectly, any activity or business for or with (a) any person subject to Sanctions, (b) any territory or country which, at the time of using the funds or proceeds, is, or its government is, subject to Sanctions or (c) otherwise violates Sanctions.

Although, transactions in or related to sanctioned jurisdictions, North Korea, Iran and/or Syria are prohibited and transactions in Cuba cannot be in US dollars or with a US nexus, including US goods, unless those not prohibited or permitted by an OFAC General Licenses.

We would like to emphasize that operations in or related to the restricted jurisdictions mentioned in the preceding paragraph are conducted in accordance with the relevant sanctions programs. All operations in these countries are considered high risk and are subject to review prior to execution.

More information on the General Principles of the Corporate Policy for the Prevention of Money Laundering and Terrorist Financing and the Management of International Financial Sanctions and Countermeasures of the CaixaBank Group can be found at this link: www.caixabank.com/en/shareholders-investors/corporate-governance/corporate-documents.html

Professional secrecy

In accordance with Article L.511-33 of the French Monetary and Financial Code (Code Monétaire et Financier), CaixaBank undertakes to maintain the confidentiality of any customer information covered by professional secrecy to which it has access by virtue of the banking relationship, and to use such information solely for the purpose of exercising its rights and fulfilling its obligations under contracts to which the customer is a party.

However, CaixaBank may disclose information covered by professional secrecy pursuant to Article L.511-33 of the French Monetary and Financial Code (Code Monétaire et Financier) to, among others, the Autorité de Contrôle Prudentiel et de Résolution (ACPR), the Banque de France, the judicial authorities in the context of criminal proceedings and the tax authorities.

Pursuant to Article L.511-33 of the French Monetary and Financial Code (Code Monétaire et Financier), CaixaBank may also disclose information covered by professional secrecy to:

  1. rating agencies, for the purpose of rating financial products; and

  2. persons with whom CaixaBank negotiates, enters into or executes the transactions listed below, provided that such information is necessary for the purposes of such transactions:

    1. credit transactions carried out, directly or indirectly, by one or more credit institutions or financing companies;

    2. transactions with financial instruments, guarantees or insurance, for the purpose of hedging a credit risk;

    3. the acquisition of a participation in or control of a credit institution or an investment firm or a financing company;

    4. sales of assets or of a company (fonds de commerce);

    5. assignments or transfers of receivables or contracts;

    6. service agreements entered into with a third party to entrust it with important operational tasks;

    7. in the course of reviewing or drafting any type of contract or transaction, provided that the entities concerned belong to the same group as the originator of the disclosure.

    Recipients of information covered by banking secrecy, which has been disclosed to them for the purposes of one of the transactions mentioned above, must maintain the confidentiality of such information, regardless of the outcome of such transaction.

    In addition, in accordance with article L.511-33 of the French Monetary and Financial Code (Code Monétaire et Financier), CaixaBank may disclose information covered by professional secrecy on a case-by-case basis and subject to the express consent of the customer.