Criminal Justice (Money Laundering and Terrorist Financing) Act 2010


Number 6 of 2010


CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) ACT 2010

REVISED

Updated to 2 December 2019


This Revised Act is an administrative consolidation of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Consumer Protection (Gift Vouchers) Act 2019 (38/2019), enacted 19 November 2019, and all statutory instruments up to and including the European Union (Anti-Money Laundering: Cheque Cashing Offices) Regulations 2019 (S.I. No. 600 of 2019), made 2 December 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 6 of 2010


CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) ACT 2010

REVISED

Updated to 2 December 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 to 2018 : this Act is one of a group of Acts included in this collective citation ( Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 1(3)). The Acts in this group are:

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010)

Criminal Justice Act 2013 (19/2013), Part 2

Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018)

Criminal Justice (Corruption Offences) Act 2018 (9/2018)

Data Protection Act 2018 (7/2018)

Legal Services Regulation Act 2015 (65/2015)

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Criminal Justice Act 2013 (19/2013)

Road Safety Authority (Commercial Vehicle Roadworthiness)Act 2012 (16/2012)

Road Transport Act 2011 (31/2011)

Criminal Justice Act 2011 (22/2011)

Central Bank Reform Act 2010 (23/2010)

All Acts up to and including Consumer Protection (Gift Vouchers) Act 2019 (38/2019), enacted 19 November 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Anti-Money Laundering: Cheque Cashing Offices) Regulations 2019 (S.I. No. 600 of 2019)

European Union (Money Laundering and Terrorist Financing) Regulations 2019 (S.I. No. 578 of 2019)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 25) (Prescribed Class of Designated Person) Regulations 2018 (S.I. No. 487 of 2018)

Trust or Company Service Provider Authorisation (Appeal Tribunal) (Establishment) (No. 2) Order 2018 (S.I. No. 475 of 2018)

Trust or Company Service Provider Authorisation (Appeal Tribunal) (Establishment) Order 2018 (S.I. No. 474 of 2018)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority and State Competent Authority) Regulations 2016 (S.I. No. 453 of 2016)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority) Regulations 2014 (S.I. No. 79 of 2014)

Trust or Company Service Provider Authorisation (Appeal Tribunal) (Establishment) Order 2013 (S.I. No. 167 of 2013)

Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 647 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Trust or Company Service Provider (Authorisation) (Fees) Regulations 2010 (S.I. No. 348 of 2010)

European Communities (Trust or Company Service Providers) (Temporary Authorisation) Regulations 2010 (S.I. No. 347of 2010)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 31) Order 2010 (S. I. No. 343 of 2010)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Commencement) Order 2010 (S. I. No. 342 of 2010)

All statutory instruments up to and including European Union (Anti-Money Laundering: Cheque Cashing Offices) Regulations 2019 (S.I. No. 600 of 2019), made 2 December 2019, were considered in the preparation of this revision.


Number 6 of 2010


CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) ACT 2010

REVISED

Updated to 2 December 2019


ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1. Short title and commencement.

2. Interpretation.

3. Regulations.

4. Repeals and revocations.

5. Expenses.

PART 2

Money Laundering Offences

6. Interpretation ( Part 2).

7. Money laundering occurring in State.

8. Money laundering outside State in certain circumstances.

9. Attempts, outside State, to commit offence in State.

10. Aiding, abetting, counselling or procuring outside State commission of offence in State.

11. Presumptions and other matters.

12. Location of proceedings relating to offences committed outside State.

13. Consent of DPP required for proceedings for offences committed outside State.

14. Certificate may be evidence in proceedings under this Part.

15. Double jeopardy.

16. Revenue offence committed outside State.

PART 3

Directions, Orders and Authorisations Relating to Investigations

17. Direction or order not to carry out service or transaction.

18. Notice of direction or order.

19. Revocation of direction or order on application.

20. Order in relation to property subject of direction or order.

21. Cessation of direction or order on cessation of investigation.

22. Suspicious transaction report not to be disclosed.

23. Authorisation to proceed with act that would otherwise comprise money laundering.

PART 4

Provisions Relating to Finance Services Industry, Professional Service Providers and Others

Chapter 1

Interpretation (Part 4)

24. Definitions.

25. Meaning of “designated person”.

26. Beneficial owner in relation to bodies corporate.

27. Beneficial owner in relation to partnerships.

28. Beneficial owner in relation to trusts.

29. Beneficial owner in relation to estates of deceased persons.

30. Other persons who are beneficial owners.

Chapter 1A

Risk assessment by designated persons

30A. Business risk assessment by designated persons

30B. Application of risk assessment in applying customer due diligence

Chapter 2

Designation of places other than Member States — procedures for detecting money laundering or terrorist financing

31. Designation of places imposing requirements equivalent to Third Money Laundering Directive. (Repealed)

32. Designation of places having inadequate procedures for detection of money laundering or terrorist financing. (Repealed)

Chapter 3

Customer Due Diligence

33. Identification and verification of customers and beneficial owners.

33A. Electronic money derogation.

34. Exemptions from section 33. (Repealed)

34A. Simplified customer due diligence.

35. Special measures applying to business relationships.

36. Exemption from section 35(1). (Repealed)

36A. Examination of background and purpose of certain transactions.

37. Enhanced customer due diligence — politically exposed persons.

38. Enhanced customer due diligence — correspondent banking relationships.

38A. Enhanced customer due diligence — high-risk third countries.

39. Designated person’s discretion to apply additional enhanced customer due diligence measures.

40. Reliance on other persons to carry out customer due diligence.

Chapter 3A

Financial Intelligence Unit

40A. State Financial Intelligence Unit.

40B. Powers of FIU Ireland to receive and analyse information.

40C. Powers of certain members of FIU Ireland to obtain information.

40D. Power of FIU Ireland to respond to requests for information from competent authorities.

40E. Power of FIU Ireland to share information.

Chapter 4

Reporting of suspicious transactions and of transactions involving certain places

41. Interpretation ( Chapter 4).

42. Requirement for designated persons and related persons to report suspicious transactions.

43. Requirement for designated persons to report transactions connected with places designated under section 32. (Repealed)

44. Defence — internal reporting procedures.

45. Use of reported and other information in investigations.

46. Disclosure not required in certain circumstances.

47. Disclosure not to be treated as breach.

Chapter 5

Tipping off by designated persons

48. Interpretation ( Chapter 5).

49. Tipping off.

50. Defence — disclosure to customer in case of direction or order to suspend service or transaction.

51. Defences — disclosures within undertaking or group.

52. Defences — other disclosures between institutions or professionals.

53. Defences — other disclosures.

Chapter 6

Internal policies and procedures, training and record keeping

54. Internal policies and procedures and training.

55. Keeping of records by designated persons.

Chapter 7

Special provisions applying to credit and financial institutions

56. Measures for retrieval of information relating to business relationships.

57. Group-wide policies and procedures.

57A. Additional measures where implementation of policies and procedures is not possible.

58. Anonymous accounts.

59. Relationships between credit institutions and shell banks.

Chapter 8

Monitoring of designated persons

60. Meaning of “competent authority”.

61. Agreements between competent authorities where more than one applicable.

62. Meaning of “State competent authority”.

63. General functions of competent authorities.

63A. Supervision

63B. Co-operation with Member State competent authorities.

63C. Supervision by competent authorities.

63D. Duties of competent authorities.

64. Application of other enactments.

65. Annual reporting.

66. Request to bodies to provide names, addresses and other information relating to designated persons.

67. Direction to furnish information or documents.

68. Direction to provide explanation of documents.

69. Purpose of direction under section 67 or 68.

70. Self-incrimination ( sections 67 and 68).

71. Direction to designated person to comply with obligations under this Part.

72. Appointment of authorised officers.

73. Warrant of appointment.

74. Powers may only be exercised for assisting State competent authority.

75. General power of authorised officers to enter premises.

76. Entry into residential premises only with permission or warrant.

77. Power of authorised officers to do things at premises.

78. Entry to premises and doing of things under warrant.

79. Authorised officer may be accompanied by others.

80. Offence to obstruct, interfere or fail to comply with request.

81. Self-incrimination — questions of authorised officers.

82. Production of documents or information not required in certain circumstances.

83. Disclosure or production not to be treated as breach or to affect lien.

Chapter 9

Authorisation of Trust or Company Service Providers

84. Interpretation ( Chapter 9).

85. Meaning of “fit and proper person”.

86. Authorisations held by partnerships.

87. Prohibition on carrying on business of trust or company service provider without authorisation.

88. Application for authorisation.

89. Grant and refusal of applications for authorisation.

90. Minister may impose conditions when granting an application for an authorisation.

91. Terms of authorisation.

92. Renewal of authorisation.

93. Minister may amend authorisation.

94. Offence to fail to comply with conditions or prescribed requirements.

95. Holder of authorisation to ensure that principal officers and beneficial owners are fit and proper persons.

96. Revocation of authorisation by Minister on application of holder.

97. Revocation of authorisation other than on application of holder.

98. Direction not to carry out business other than as directed.

99. Minister to publish notice of revocation or direction.

100. Appeals against decisions of Minister.

101. Appeal Tribunals.

102. Provision of information by Garda Síochána as to whether or not person is fit and proper person.

103. Extension of powers under Chapter 8 for purposes related to this Chapter.

104. Register of persons holding authorisations.

105. Minister to publish list of persons holding authorisations.

106. Holders of authorisations to retain certain records.

Chapter 10

Other

107. Guidelines. (Repealed)

107A. Defence.

108. Minister may delegate certain functions under this Part.

108A. Obligation for certain designated persons to register with Central Bank of Ireland.

108B. Obligation for cheque cashing offices to register with Central Bank of Ireland.

108C. Cancellation of registration and removal from register.

108D. Notice of refusal or cancellation of registration and right to make representations.

108E. Registration subject to conditions.

108F. Person registered to ensure that principal officers and beneficial owners are fit and proper persons.

108G. Direction not to carry out business other than as directed.

108H. Provision of information by Garda Síochána as to whether or not person is fit and proper person.

108I. Persons registered to retain certain records.

109. Registration of persons directing private members’ clubs.

109A. Managers and beneficial owners of private members’ clubs to hold certificates of fitness.

109B. Application for certificate of fitness.

109C. Grounds of refusal to grant certificate of fitness.

109D. Duration of certificate of fitness.

109E. Appeal where application for certificate of fitness is refused.

PART 5

Miscellaneous

110. Service of documents.

111. Offences — directors and others of bodies corporate and unincorporated bodies.

112. Disclosure of information in good faith.

113. Amendment of Bail Act 1997.

114. Amendment of Central Bank Act 1942.

114A. Prescribed amounts under section 33AQ of Central Bank Act 1942 in respect of certain contraventions.

115. Amendment of Courts (Supplemental Provisions) Act 1961.

116. Consequential amendment of Central Bank Act 1997.

117. Consequential amendment of Criminal Justice Act 1994.

118. Consequential amendment of Criminal Justice (Mutual Assistance) Act 2008.

119. Consequential amendment of Criminal Justice (Theft and Fraud Offences) Act 2001.

120. Consequential amendment of Investor Compensation Act 1998.

121. Consequential amendment of Taxes Consolidation Act 1997.

122. Consequential amendment of Taxi Regulation Act 2003.

SCHEDULE 1

Revocations of Statutory Instruments

SCHEDULE 2

Annex I to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 201313 on Access to the Activity of Credit Institutions and the Prudential Supervision of Credit Institutions and Investment Firms, Amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC

List of Activities Subject to Mutual Recognition

SCHEDULE 3

Non-exhaustive list of factors suggesting potentially lower risk

SCHEDULE 4

Non-exhaustive list of factors suggesting potentially higher risk



Number 6 of 2010


CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) ACT 2010

REVISED

Updated to 2 December 2019


AN ACT TO PROVIDE FOR OFFENCES OF, AND RELATED TO, MONEY LAUNDERING IN AND OUTSIDE THE STATE; TO GIVE EFFECT TO DIRECTIVE 2005/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 26 OCTOBER 2005 ON THE PREVENTION OF THE USE OF THE FINANCIAL SYSTEM FOR THE PURPOSE OF MONEY LAUNDERING AND TERRORIST FINANCING; TO PROVIDE FOR THE REGISTRATION OF PERSONS DIRECTING PRIVATE MEMBERS’ CLUBS; TO PROVIDE FOR THE AMENDMENT OF THE CENTRAL BANK ACT 1942 AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961; TO PROVIDE FOR THE CONSEQUENTIAL REPEAL OF CERTAIN PROVISIONS OF THE CRIMINAL JUSTICE ACT 1994; THE CONSEQUENTIAL AMENDMENT OF CERTAIN ENACTMENTS AND THE REVOCATION OF CERTAIN STATUTORY INSTRUMENTS; AND TO PROVIDE FOR RELATED MATTERS.

[5 th May, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Public Expenditure and Reform” and “Minister for Public Expenditure and Reform” construed (14.12.2011) by the Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 647 of 2011), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Finance.

(2) References to the Department of Public Expenditure and Reform contained in any Act or instrument made under an act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Finance.

3. The functions conferred on the Minister for Public Expenditure and Reform by or under sections 3 and 107(1) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010) are transferred to the Minister for Finance.

4. References to the Minister for Public Expenditure and Reform contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Finance.

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 6 of 2010

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

Sections 3, 101(4) and 107(1)

...

...

...

Editorial Notes:

E1

Offences under ss. 7, 8, 9, 10, 35, 37, 38, 42 and 49 prescribed as “relevant offences” for purposes of Criminal Justice Act 2011 (22/2011) (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 3(1) and sch. 1 par. 21, S.I. No. 411 of 2011.