Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

F99[Exchange of information between Europol and FIU Ireland


40G. (1) FIU Ireland may reply to Europol to duly justified requests related to financial information and financial analysis made by Europol on a case-by-case basis within the limits of Europol’s responsibilities and for the performance of Europol’s tasks.

(2) FIU Ireland shall be under no obligation to comply with a request referred to in subsection (1) where there are objective grounds for assuming that the provision of the financial information and financial analysis to which the request relates would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information and analysis would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested.

(3) FIU Ireland shall be under no obligation to comply with a request referred to in subsection (1) where to do so would

(a) be contrary to the essential interests of the security of the State,

(b) jeopardise the success of an ongoing investigation or the safety of an individual, or

(c) disclose information relating to organisations or specific intelligence activities in the field of national security, but FIU Ireland shall comply with the request as soon as the financial information or financial analysis in question ceases to fall within the scope of paragraphs (a), (b) or (c).

(4) FIU Ireland shall –

(a) provide an appropriate explanation to Europol for any failure to comply with a request made under subsection (1),

(b) ensure that requests under subsection (1) are dealt with in a timely manner, and in any event no later than requests from FIUs (as referred to in section 40A(1)) in other Member States, and

(c) ensure that replies to requests under subsection (1) are made in accordance with Regulation (EU) 2016/794 electronically through

(i) the information exchange network commonly known as SIENA, or its successor, in the language applicable to SIENA, or

(ii) where applicable, to the computer network commonly known as, or its successor.]




Inserted (2.02.2023) by European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 (S.I. No. 22 of 2023), reg. 13.