221.— (1) Subject to subsections (3) and (4), if a person communicates, on behalf of another person, with NAMA, a NAMA group entity or a person providing services or advice to NAMA or a NAMA group entity with the intention of influencing the making of a decision in relation to the performance of the functions of NAMA or the NAMA group entity, the person commits an offence.

(2) Without prejudice to the generality of subsection (1), a reference in that subsection to a decision relating to the performance of the functions of NAMA includes a decision relating to—

(a) the lending of money,

(b) the initiation of legal proceedings,

(c) legal proceedings in being,

(d) the engagement of the services of an expert adviser or other service provider,

(e) any other matter that could give rise to an advantage or benefit to a person other than NAMA,

(f) a tender, or

(g) the purchase or sale of property.

(3) It is not an offence pursuant to subsection (1) if the communication concerned—

(a) is made public at the time of the communication,

(b) is made without an intention to benefit, or confer an advantage on, any specific person, or

(c) is made in the public interest.

(4) It is not an offence pursuant to subsection (1) if the person who makes the communication concerned—

(a) is acting in his or her professional capacity or in the course of his or her employment, and

(b) does so in that capacity.

(5) A person who believes that he or she has been communicated with in contravention of subsection (1) shall, as soon as may be, report—

(a) that the communication was made,

(b) the details of the communication made, and

(c) the name of the person who communicated with him or her,

to a member of the Garda Síochána.

(6) A person who fails to comply with subsection (5) commits an offence.

(7) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding €1,000 or imprisonment for a term not exceeding 6 months or both.