Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

51.

Defences — disclosures within undertaking or group.

51.— (1) It is a defence in any proceedings against an individual for an offence under section 49 , in relation to a disclosure, for the individual to prove that, at the time of the disclosure—

( a) he or she was an agent, employee, partner, director or other officer of, or was engaged under a contract for services by, an undertaking, and

( b) he or she made the disclosure to an agent, employee, partner, director or other officer of, or a person engaged under a contract for services by, the same undertaking.

F68 [ (2) It is a defence in any proceedings against a person for an offence under section 49, in relation to a disclosure, for the person to prove that, at the time of the disclosure

( a ) the person was a credit institution or financial institution or a majority-owned subsidiary, or a branch, of a credit institution or financial institution, or made the disclosure on behalf of a credit institution or a financial institution or a majority-owned subsidiary, or a branch, of a credit institution or financial institution,

( b ) the disclosure was to a credit institution or a financial institution or a majority-owned subsidiary, or a branch, of a credit institution or financial institution,

( c ) the institution to which the disclosure was made was situated in a Member State or a country other than a high-risk third country,

( d ) both the institution making the disclosure, or on whose behalf the disclosure was made, and the institution to which it was made belonged to the same group, and

( e ) both the institutions referred to in paragraph (d) were in compliance with group-wide policies and procedures adopted in accordance with section 54 or, as the case may be, Article 45 of the Fourth Money Laundering Directive. ]

(3) It is a defence in any proceedings against a person for an offence under section 49 , in relation to a disclosure, for the person to prove that, at the time of the disclosure—

( a) the person was a legal adviser or relevant professional adviser,

( b) both the person making the disclosure and the person to whom it was made carried on business in a Member State F68 [ or in a country other than a high-risk third country ], and

( c) those persons performed their professional activities within different undertakings that shared common ownership, management or control.

Annotations:

Amendments:

F68

Substituted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 24(a), (b), S.I. No. 486 of 2018.