Question 4630 — banks and financial institutions

Summary

Ms. Julie Laernoes draws the attention of the Minister of the Economy, Finance and Industrial and Digital Sovereignty to the multiple difficulties encountered by French associations supporting the Palestinian people in making bank transfers to the Palestinian territories. Since October 7, 2023, several associations supporting the Palestinians can no longer make transfers to their partners in the occupied Palestinian territory. In question, banks invoking their obligation to verify the destination of the funds. In a press article, it is possible to read detailed examples on this subject. Thus, an association based in Grenoble encountered difficulties in making transfers to the banks of its partners in the West Bank, via its account at the Postal Bank which notified refusals. to make payments repeatedly. On October 31, 2024, a group from the North received a refusal with the following reasons: “You have requested a transfer to Palestine. I inform you that Palestine is no longer part of the Postal Bank's offer. The president of the France Palestine Solidarity Calvados Association (AFPS 14) also reported in this press article the difficulties she encountered with their agency. Savings bank in Normandy, which now prohibits any transfer without explanation. In the vast majority of examples cited, these are officially declared associations (in France and Palestine) and the transfers of funds concern specific projects and are financially justified via activity reports and they are regulated by partnership agreements. There are, moreover, numerous examples of transfers carried out by associations supporting the Palestinians without the slightest difficulty, which demonstrates a lack of clear instructions at the level of the banks and at the state level. The Court of Cassation, seized of an appeal, rendered a decision on February 14, 2024 in which it sheds light on the regime applicable when a transfer made in a monetary currency other than the euro is in question: “Upon receipt of an order of transfer, the banker (...) is required to ensure that it comes from the holder of the account to be debited or his representative and does not present any apparent, formal or intellectual anomaly, he must verify that the operation is not manifestly irregular or unusual in the commercial practice of his client. In addition, banks are also required to comply with rules relating to the fight against money laundering. money and the financing of terrorism. Thus, banking establishments would have strengthened their assessment of the risk represented by international transfers to Palestinian artisans, which may explain the capping of certain operations, or even their temporary suspension. However, according to the words of the Governor of the Bank of France reported in the press article, “when (and only when) elements risks are identified by the establishments. Consequently, she asks him what the Government's position is regarding the transfer difficulties encountered by French associations which seem not to fall under the normal procedures provided by banks.

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