AML Regulators
CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCE) ACT
Chapter 8
Monitoring of designated persons
Meaning of “competent authority”.
60.— (1) Subject to section 61, a reference in this Part to the competent authority for a designated person is a reference to the competent authority prescribed for the class of designated persons to which the designated person belongs.
(2) If no such competent authority is prescribed, a reference in this Part to the competent authority is a reference to the following:
(a) in the case of a designated person that is a credit institution or a financial institution, the F125[Central Bank of Ireland];
(b) in the case of a designated person who is an auditor, external accountant, tax adviser or trust or company service provider—
(i) if the person is a member of a designated accountancy body, the designated accountancy body, or
(ii) if the person is not a member of a designated accountancy body and is a body corporate, or a body of unincorporated persons, carrying out its functions under this Part F126[through officers and members] of it who are members of a designated accountancy body, the designated accountancy body;
(c) in the case of a designated person who is a solicitor, the Law Society of Ireland;
F127[(d) in the case of a designated person who is a barrister, the Legal Services Regulatory Authority;]
F128[(da) F129[…]]
F130[(db) in the case of a designated person that is a property services provider, the Property Services Regulatory Authority;]
(e) in the case of any designated person other than a designated person referred to in paragraph (a), (b), (c) F127[, (d) or (db)], the Minister.
(3) The Minister may prescribe a competent authority for a class of designated persons, for the purpose of subsection (1), only if the Minister is satisfied that the competent authority is more appropriate than the competent authority specified in subsection (2) for the class of designated persons, having regard to the nature of the business activities engaged in by that class.
Annotations
Amendments:
F125
Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 15(14) and sch. 2 part 14 para. 33, S.I. No. 469 of 2010.
F126
Substituted (14.06.2013) by Criminal Justice Act 2013 (19/2013), s. 13, S.I. No. 196 of 2013.
F127
Substituted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 18(a), (d), S.I. No. 188 of 2021.
F128
Inserted (7.10.2019) by Legal Services Regulation Act 2015 (65/2015), s. 214(b), S.I. No. 502 of 2019.
F129
Deleted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 18(b), S.I. No. 188 of 2021.
F130
Inserted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 18(c) , S.I. No. 188 of 2021.
Editorial Notes:
E30
Power pursuant to subs. (3) exercised (1.09.2016) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority and State Competent Authority) Regulations 2016 (S.I. No. 453 of 2016), in effect as per reg. 2.
E31
Powers pursuant to subs. (3) exercised (3.03.2014) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority) Regulations 2014 (S.I. No. 79 of 2014), in effect as per reg. 2.
E32
Previous affecting provision: subss. (2)(d) inserted (7.10.2019) by Legal Services Regulation Act 2015 (65/2015), s. 214(a), S.I. No. 502 of 2019; substituted as per F-note above.
E33
Previous affecting provision: subss. (2)(da) inserted (7.10.2019) by Legal Services Regulation Act 2015 (65/2015), s. 214(b), S.I. No. 502 of 2019; deleted as per F-note above.
Agreements between competent authorities where more than one applicable.
61.— (1) Where there is more than one competent authority for a designated person under section 60, those competent authorities may agree that one of them will act as the competent authority for that person, and references in this Part to a competent authority are to be construed accordingly.
(2) An agreement under this section, in relation to a designated person, takes effect when the competent authority who has agreed to act as the competent authority for the designated person gives notice, in writing, to that person.
(3) An agreement under this section, in relation to a designated person, ceases to have effect when—
(a) any of the parties to the agreement gives notice, in writing, to the other parties of the termination of the agreement,
(b) the agreement expires, or
(c) as a result of the operation of section 60(1), the competent authority who has agreed to act as the competent authority is no longer a competent authority of the person under section 60,
whichever is the earliest.
Meaning of “State competent authority”.
62.— (1) In this Part, a reference to a State competent authority is a reference to one of the following competent authorities:
(a) the F131[Central Bank of Ireland];
(b) the Minister;
(c) such other competent authority as is prescribed.
(2) The Minister may prescribe a competent authority as a State competent authority for the purposes of subsection (1) (c) only if—
(a) the Minister is satisfied that the competent authority is appropriate, having regard to the functions of State competent authorities under this Part, and
(b) the competent authority is a Minister of the Government or an officer of a particular class or description of a Department of State or is a body (not being a company) by or under an enactment.
Annotations
Amendments:
F131
Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 15(14) and sch. 2 part 14 par. 33, S.I. No. 469 of 2010.
F132
Inserted by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 32, not commenced as of date of revision.
Modifications (not altering text):
C10
Prospective affecting provision: subs. (1)(aa) inserted by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 32, not commenced as of date of revision.
F132[(aa) the Legal Services Regulatory Authority;]
Editorial Notes:
E34
Power pursuant to subs. (2) exercised (1.09.2016) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority and State Competent Authority) Regulations 2016 (S.I. No. 453 of 2016), in effect as per reg. 2.
General functions of competent authorities.
63.— (1) A competent authority shall effectively monitor the designated persons for whom it is a competent authority and take measures that are reasonably necessary for the purpose of securing compliance by those designated persons with the requirements specified in this Part.
(2) The measures that are reasonably necessary include reporting to the Garda Síochána and Revenue Commissioners any knowledge or suspicion that the competent authority has that a designated person has been or is engaged in money laundering or terrorist financing.
(3) In determining, in any particular case, whether a designated person has complied with any of the requirements specified in this Part, a competent authority shall consider whether the person is able to demonstrate to the competent authority that the requirements have been met.
(4) A competent authority that, in the course of monitoring a designated person under this section, acquires any knowledge or forms any suspicion that another person has been or is engaged in money laundering or terrorist financing shall report that knowledge or suspicion to the Garda Síochána and Revenue Commissioners.
F133[
Supervision
63A.— (1) Competent authorities shall take the necessary measures to prevent persons convicted of a relevant offence from performing a management function in or being the beneficial owners of the designated persons referred to in paragraphs (c), (d) and (f) of section 25(1).
(2) Any person performing a management function in or being the beneficial owner of the designated persons referred to in subsection (1) and who is convicted of a relevant offence must inform the relevant competent authority within 30 days of the day on which that person was convicted of the relevant offence.
(3) Any designated person for which or in respect of which a person who is convicted of a relevant offence, performs a management function or is a beneficial owner, shall inform its competent authority of the conviction within 30 days of the date on which the designated person became aware of the conviction.
(4) In this section “a relevant offence” means—
(a) an offence under this Act,
(b) an offence specified in Schedule 1 to the Criminal Justice Act 2011, or
(c) an offence under the law of a place (other than the State), consisting of an act or omission that, if done or omitted to be done in the State, would, under the law of the State, constitute an offence under subsections (a) or (b).
(5) A person who fails to comply with subsection (2) or (3) shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or
(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 2 years or both.]
Annotations
Amendments:
F133
Inserted (18.11.2019) by European Union (Money Laundering and Terrorist Financing) Regulations 2019 (S.I. No. 578 of 2019), reg. 2(b). A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.
F134[
Co-operation with Member State competent authorities
63B.— (1) This section applies to designated persons—
(a) which operate establishments in the State and which have their head offices in another Member State, or
(b) which operate establishments in another Member State and which have their head offices in the State.
(2) A competent authority for designated persons to which this section applies shall take the necessary steps—
(a) to co-operate with Member State competent authorities in relation to the development and implementation of policies to counter money laundering and terrorist financing,
(b) to co-ordinate activities to counter money laundering and terrorist financing with Member State competent authorities, and
(c) to co-operate with Member State competent authorities to ensure the effective supervision of designated persons to which this section applies.
F135[(2A) Co-operation with Member State competent authorities under this section by a competent authority may include the sharing of information which the competent authority is not prevented from disclosing by the law of the State and the provision of assistance shall not be refused on the basis that:
(a) the request for the sharing of information or the provision of assistance is also considered to involve tax matters;
(b) the law of the State requires the competent authority to maintain secrecy or confidentiality except in those cases where the relevant information that is sought is protected by legal privilege;
(c) there is an inquiry, investigation or proceeding underway in the State, unless the sharing of such information or the provision of assistance would impede the inquiry, investigation or proceeding; or
(d) the nature or status of the requesting competent authority is different from that of the competent authority of whom the request is made.]
(3) In this section “Member State competent authority”, in relation to a Member State (other than the State), means the authority designated by that Member State to be the competent authority in that Member State for the purposes of the Fourth Money Laundering Directive.]
Annotations
Amendments:
F134
Inserted (18.11.2019) by European Union (Money Laundering and Terrorist Financing) Regulations 2019 (S.I. No. 578 of 2019), reg. 2(b).
F135
Inserted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 19, S.I. No. 188 of 2021.
F136[
Supervision by competent authorities
63C.— Each competent authority shall—
(a) adopt a risk-based approach to the exercise of its supervisory functions,
(b) ensure that its employees and officers have access both at its offices and elsewhere to relevant information on the domestic and international risks of money laundering and terrorist financing which affect its own sector,
(c) base the frequency and intensity of on-site and off-site supervision on the risk profile of designated persons, and on the risks of money laundering and terrorist financing in the State,
(d) review, both periodically and when there are major events or developments in their management and operations, their assessment of the money laundering and terrorist financing risk profile of designated persons, including the risks of non-compliance with the provisions of this Act, and
(e) take into account the degree of discretion allowed to the designated person, and appropriately review the risk assessments underlying this discretion, and the adequacy and implementation of its internal policies, controls and procedures.]
Annotations
Amendments:
F136
Inserted (18.11.2019) by European Union (Money Laundering and Terrorist Financing) Regulations 2019 (S.I. No. 578 of 2019), reg. 2(b).
F137[
Duties of competent authorities
63D.— (1) A competent authority, other than a State competent authority, shall make arrangements to ensure that—
(a) its supervisory functions are exercised independently of any of its other functions which do not relate to disciplinary matters,
(b) sensitive information relating to its supervisory functions is appropriately handled within the competent authority,
(c) it employs only persons with appropriate qualifications, integrity and professional skills to carry out the supervisory functions and maintain high professional standards, F138[including standards of confidentiality and data protection and standards addressing conflicts of interest], and
(d) a contravention of a requirement imposed by or under this Act by a designated person it is responsible for supervising renders that person liable to effective, proportionate and dissuasive disciplinary measures under its rules.
(2) A competent authority, other than a State competent authority, shall—
(a) provide adequate resources to carry out the supervisory functions, and
(b) appoint a person to monitor and manage the competent authority’s compliance with its duties under this Act.
(3) The person appointed under subsection (2)(b) shall be responsible—
(a) for liaison with—
(i) another competent authority, and
(ii) any Member State competent authority (within the meaning of section 63B),
(b) for ensuring that the competent authority responds fully and as soon as possible to any request from an authority referred to in subsection (a)(i) or (ii) for information about any person it supervises.]
Annotations
Amendments:
F137
Inserted (18.11.2019) by European Union (Money Laundering and Terrorist Financing) Regulations 2019 (S.I. No. 578 of 2019), reg. 2(b).
F138
Substituted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 20, S.I. No. 188 of 2021.
F139[
Reporting breaches to competent authority
63E.— (1) Each competent authority shall establish effective and reliable mechanisms to encourage the reporting of potential and actual breaches of this Act.
(2) Each competent authority shall provide one or more secure communication channels for persons reporting the matters referred to in subsection (1).
(3) Each competent authority shall ensure that the channels of communication referred to in subsection (2) can also be used by persons to report any threats or retaliatory or hostile actions they are subjected to for reporting suspected breaches of this Act.]
Annotations:
Amendments:
F139
Inserted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 21, S.I. No. 188 of 2021.
Editorial Notes:
E35
The section heading is taken from the amending section in the absence of one included in the amendment.
Application of other enactments.
64.— Nothing in this Part limits any functions that a competent authority (including a State competent authority) has under any other enactment or rule of law.
Annual reporting.
65.—F140[(1)] A competent authority shall include, in each annual report published by the authority, an account of the activities that it has carried out in performing its functions under this Act during the year to which the annual report relates.
F141[(2) Where a competent authority is not a State competent authority, each annual report published by the authority shall include information regarding the measures taken by the authority to monitor compliance by designated persons with the provisions of this Part.]
Annotations:
Amendments:
F140
Inserted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 22(a), S.I. No. 188 of 2021.
F141
Inserted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021(3/2021), s. 22(b), S.I. No. 188 of 2021.
Request to bodies to provide names, addresses and other information relating to designated persons.
66.— (1) In this section, a reference to relevant information, in relation to a person, that is held by a body is a reference to any of the following information that is held by the body:
(a) the name, address or other contact details of the person;
(b) any other prescribed information relating to the person.
(2) A State competent authority may, by notice in writing, request any public body, or any body that represents, regulates or licenses, registers or otherwise authorises persons carrying on any trade, profession, business or employment, to provide the authority with any relevant information, in relation to—
(a) any designated persons for whom the authority is a competent authority, or
(b) any persons whom the body reasonably considers may be such designated persons.
(3) A State competent authority may make a request under this section only in relation to information that is reasonably required by the authority to assist the authority in carrying out its functions under this Part.
(4) Notwithstanding any other enactment or rule of law, a body that receives a request under this section shall disclose the relevant information concerned.
(5) The Minister may prescribe information, for the purposes of subsection (1)(b), that a State competent authority may request under this section only if the Minister is satisfied that the information is appropriate, having regard to the functions of the State competent authority under this Part.
Direction to furnish information or documents.
67.— (1) A State competent authority may, by notice in writing, direct a designated person for whom the authority is a competent authority to provide such information or documents (or both) relating to the designated person specified in the notice.
(2) A person who, without reasonable excuse, fails to comply with a direction under this section commits an offence and is liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months (or both).
(3) In giving a direction under this section, a State competent authority shall specify the manner in which any document or information is required to be furnished and a reasonable time by which the document or information is required to be furnished.
(4) A person is required to furnish documents in accordance with this section only if the documents are in the person’s possession or within the person’s power to obtain lawfully.
(5) If a person knows the whereabouts of documents to which the direction applies, the person shall furnish to the State competent authority who gave the direction a statement, verified by a statutory declaration, identifying the whereabouts of the documents. The person shall furnish the statement no later than the time by which the direction specifies that the documents are required to be furnished.
(6) A person who, without reasonable excuse, fails to comply with subsection (5) commits an offence and is liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months (or both).
(7) If any document required to be furnished under this section is in electronic, mechanical or other form, the document shall be furnished in written form, unless the direction specifies otherwise.
(8) A State competent authority may take copies of, or extracts from, any document furnished to the authority under this section.
Direction to provide explanation of documents.
68.— (1) A State competent authority may, by notice in writing, direct a designated person for whom the authority is a competent authority to furnish to the authority an explanation of any documents relating to the designated person that—
(a) the person has furnished to the authority in complying with a direction under section 67, or
(b) an authorised officer has lawfully removed from premises under section 77 (including as applied by section 78).
(2) In giving a direction under this section, a State competent authority shall specify the manner in which any explanation of a document is required to be furnished and a reasonable time by which the explanation is required to be furnished.
(3) A person who, without reasonable excuse, fails to comply with a direction under this section commits an offence and is liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months (or both).
Purpose of direction under section 67 or 68.
69.— A State competent authority may give a direction under section 67 or 68 only in relation to information or documents reasonably required by the authority to assist the authority to perform its functions under this Part.
Self-incrimination (sections 67 and 68).
70.— Nothing in section 67 or 68 requires a person to comply with a direction under the section concerned to furnish any information if to do so might tend to incriminate the person.
F142[Directions to comply with obligations under this Part.
71.— (1) A State competent authority may, by notice in writing, direct a designated person or a class of designated persons in respect of whom the authority is the competent authority to—
(a) discontinue, or refrain from engaging in, specified conduct that in the opinion of the authority concerned constitutes, or, if engaged in, would constitute, a breach of any specified provision of this Part, or
(b) take specific actions or to establish specific processes or procedures that in the opinion of the authority are reasonably necessary for the purposes of complying with any specified provision of this Part.
(2) The State competent authority shall specify in any such direction a reasonable period of time within which the person to whom it is given is required to comply with the direction.
(3) If a designated person to whom a direction has been issued under subsection (1) fails to comply with the direction and is subsequently found guilty of an offence—
(a) which consists of the conduct specified in the direction given under subsection (1)(a), or
(b) which would not have been committed if the direction under subsection (1)(b) had been complied with,
the court may take the failure to comply with the direction into account as an aggravating factor in determining any sentence to be imposed on the person for the offence.]
Annotations
Amendments:
F142
Substituted (14.06.2013) by Criminal Justice Act 2013 (19/2013), s. 14, S.I. No. 196 of 2013.
Appointment of authorised officers.
72.— (1) A State competent authority may appoint employees of the authority or other persons who, in the opinion of the authority, are suitably qualified or experienced, to be authorised officers for the purpose of this Chapter.
(2) A State competent authority may revoke any appointment made by the authority under subsection (1).
(3) An appointment or revocation under this section shall be in writing.
(4) A person’s appointment by a State competent authority as an authorised officer ceases—
(a) on the revocation by the authority of the appointment,
(b) in a case where the appointment is for a specified period, on the expiration of the period,
(c) on the person’s resignation from the appointment, or
(d) in a case where the person is an employee of the authority—
(i) on the resignation of the person as an employee of the authority, or
(ii) on the termination of the person’s employment with the authority for any other reason.
Warrant of appointment.
73.— (1) Every authorised officer appointed by a State competent authority shall be furnished with a warrant of appointment as an authorised officer by the State competent authority.
(2) In the course of performing the functions of an authorised officer under this Chapter, the officer shall, if requested to do so by any person affected, produce the officer’s warrant of appointment for inspection.
Powers may only be exercised for assisting State competent authority.
74.— An authorised officer may exercise powers as an authorised officer under this Chapter only for the purpose of assisting the State competent authority that appointed the authorised officer in the performance of the authority’s functions under this Part.
General power of authorised officers to enter premises.
75.— (1) An authorised officer may enter any premises at which the authorised officer reasonably believes that the business of a designated person has been or is carried on.
(2) An authorised officer may enter any premises at which the authorised officer reasonably believes records or other documents relating to the business of a designated person are located.
(3) An authorised officer may enter premises under subsection (1) or (2)—
(a) in a case where the authorised officer reasonably believes that the business of a designated person is carried on at the premises (as referred to in subsection (1)), at any time during which the authorised officer reasonably believes that the business is being carried on there, or
(b) in any other case, at any reasonable time.
Entry into residential premises only with permission or warrant.
76.— Nothing in this Chapter shall be construed as empowering an authorised officer to enter any dwelling without the permission of the occupier or the authority of a warrant under section 78.
Power of authorised officers to do things at premises.
77.— (1) An authorised officer may, at any premises lawfully entered by the officer, do any of the following:
(a) inspect the premises;
(b) request any person on the premises who apparently has control of, or access to, records or other documents that relate to the business of a designated person (being a designated person whose competent authority is the State competent authority who appointed the authorised officer)—
(i) to produce the documents for inspection, and
(ii) if any of those documents are in an electronic, mechanical or other form, to reproduce the document in a written form;
(c) inspect documents produced or reproduced in accordance with such a request or found in the course of inspecting the premises;
(d) take copies of those documents or of any part of them (including, in the case of a document in an electronic, mechanical or other form, a copy of the document in a written form);
(e) request any person at the premises who appears to the authorised person to have information relating to the documents, or to the business of the designated person, to answer questions with respect to the documents or that business;
(f) remove and retain the documents (including in the case of a document in an electronic, mechanical or other form, a copy of the information in a written form) for the period reasonably required for further examination;
(g) request a person who has charge of, operates or is concerned in the operation of data equipment, including any person who has operated that equipment, to give the officer all reasonable assistance in relation to the operation of the equipment or access to the data stored within it;
(h) secure, for later inspection, the premises or part of the premises at which the authorised officer reasonably believes records or other documents relating to the business of the designated person are located.
(2) A person to whom a request is made in accordance with subsection (1) shall—
(a) comply with the request so far as it is possible to do so, and
(b) give such other assistance and information to the authorised officer with respect to the business of the designated person concerned as is reasonable in the circumstances.
(3) A reference in this section to data equipment includes a reference to any associated apparatus.
(4) A reference in this section to a person who operates or has operated data equipment includes a reference to a person on whose behalf data equipment is operated or has been operated.
Entry to premises and doing of things under warrant.
78.— (1) A judge of the District Court may issue a warrant under this section if satisfied, by information on oath of an authorised officer, that there are reasonable grounds for believing that—
(a) documents relating to the business of a designated person that are required for the purpose of assisting the State competent authority that appointed the authorised officer under this Chapter in the performance of the authority’s functions under this Part are contained on premises, and
(b) the premises comprise a dwelling or an authorised officer has been obstructed or otherwise prevented from entering the premises under section 75.
(2) A warrant under this section authorises an authorised officer, at any time or times within one month of the issue of the warrant—
(a) to enter the premises specified in the warrant, and
(b) to exercise the powers conferred on authorised officers by this Chapter or any of those powers that are specified in the warrant.
(3) Entry to premises the subject of a warrant may be effected with the use of reasonable force.
Authorised officer may be accompanied by others.
79.— An authorised officer may be accompanied, and assisted in the exercise of the officer’s powers (including under a warrant issued under section 78), by such other authorised officers, members of the Garda Síochána or other persons as the authorised officer reasonably considers appropriate.
Offence to obstruct, interfere or fail to comply with request.
80.— (1) A person commits an offence if the person, without reasonable excuse—
(a) obstructs or interferes with an authorised officer in the exercise of the officer’s powers under this Chapter, or
(b) fails to comply with a requirement, or request made by an authorised officer, under section 77 (including as applied by section 78).
(2) A person who commits an offence under this section is liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months (or both).
(3) A reference in this section to an authorised officer includes a member of the Garda Síochána or other person who is accompanying and assisting the officer in accordance with section 79.
Self-incrimination — questions of authorised officers.
81.— Nothing in this Chapter requires a person to answer questions if to do so might tend to incriminate the person.
Production of documents or information not required in certain circumstances.
82.— Nothing in this Chapter requires the production of any document or information subject to legal privilege.
Disclosure or production not to be treated as breach or to affect lien.
83.— (1) The disclosure or production of any information or document by a person in accordance with this Chapter shall not be treated as a breach of any restriction under any enactment or rule of law on disclosure or production by the person or any other person on whose behalf the information or document is disclosed or produced.
(2) The production referred to in subsection (1) of any item forming part of the documents relating to the business of a designated person shall not prejudice any lien that the designated person or any other person claims over that item.
S.I. No. 79/2014 –
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority) Regulations 2014.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 14th February, 2014.
I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 3 (1) and 60 (3) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), being satisfied as respects the matters referred to in section 60(3) of that Act and having consulted with the Minister for Finance, hereby make the following regulations:
1. These Regulations may be cited as the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority) Regulations 2014.
2. These Regulations come into operation on 3 March 2014.
3. In these Regulations “subsidiary” has the meaning assigned to it by section 155 of the Companies Act 1963 (No. 33 of 1963).
4. For the purposes of section 60 (1) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010), the Central Bank of Ireland is prescribed as a competent authority for the class of designated persons specified in the Schedule.
SCHEDULE
Trust or company service providers which—
(a) by virtue of section 25 (1)(e) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010) are designated persons, and
(b) are subsidiaries of a credit institution or a financial institution.
/images/ls
GIVEN under my Official Seal,
10 February 2014.
ALAN SHATTER,
S.I. No. 453/2016 –
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority and State Competent Authority) Regulations 2016.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 23rd August, 2016.
I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 3 (1), 60 (3) and 62 (2) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), being satisfied as to the matters referred to in sections 60(3) and 62(2) of that Act and having consulted with the Minister for Finance, hereby make the following regulations:
1. These Regulations may be cited as the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority and State Competent Authority) Regulations 2016.
2. These Regulations shall come into operation on 1 September 2016.
3. In these Regulations, “Act of 2010” means the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010).
4. For the purposes of section 60(1) of the Act of 2010, the Property Services Regulatory Authority is prescribed as the competent authority for property service providers.
5. For the purposes of section 62(1)(c) of the Act of 2010, the Property Services Regulatory Authority, prescribed under Regulation 4 as the competent authority for property service providers, is prescribed as a State competent authority.
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GIVEN under my Official Seal,
16 August 2016.
FRANCES FITZGERALD,
Minister for Justice and Equality.
Minister for Justice and Equality.
S.I. No. 487/2018 –
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 25) (Prescribed Class of Designated Person) Regulations 2018
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 27th November, 2018.
I, CHARLES FLANAGAN, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 3 (1), 25 (7) and 25 (8) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )) and the Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 647 of 2011 ) and for the purpose of giving further effect to Article 11(d) of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 20151 , being satisfied as to the matters referred to in section 25(7)(a) of that Act and having consulted with the Minister for Finance, hereby make the following regulations:
1. (1) These Regulations may be cited as the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 25) (Prescribed Class of Designated Person) Regulations 2018.
(2) These Regulations shall come into operation on 26 November 2018.
2. In these Regulations, “Act of 2010” means Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010).
3. (1) Providers of gambling services are prescribed as a class of persons for the purposes of section 25(1)(j) of the Act of 2010.
(2) In this Regulation, “gambling services” means gambling services within the meaning of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 20151 other than—
(a) poker games provided at a physical location other than a casino or private members’ club,
(b) lotteries within the meaning of the Gaming and Lotteries Act 1956 (No. 2 of 1956), and
(c) gaming machines (within the meaning of section 43 of the Finance Act 1975 (No. 6 of 1975)) or amusement machines (within the meaning of section 120 of the Finance Act 1992 (No. 9 of 1992)) provided in accordance with section 14 of the Gaming and Lotteries Act 1956 .
4. Insofar as a person is a designated person by virtue of being a member of the class of persons prescribed in Regulation 3, the definition of “occasional transaction” in section 24 of the Act of 2010 shall be modified so that the reference in paragraph (a) of that definition to “a person referred to in section 25(1)(h)” be read as a reference to a member of the class of persons prescribed in Regulation 3.
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GIVEN under my Official Seal,
22 November 2018.
CHARLES FLANAGAN,
Minister for Justice and Equality.
1 OJ No. 141, 5.6.2015, p. 73.
District Court Rules
Detention of Cash under section 38 of the Criminal Justice Act, 1994 (as amended)
In rules 5 to 8 inclusive following, “the Act” means the Criminal Justice Act 1994, as amended by section 20 of the Proceeds of Crime (Amendment) Act 2005.
- Authority to detain cash
(1) An application to the Court by a member of the Garda Síochána or an officer of Customs and Excise under sub-section (2) of section 38 of the Act for an order authorizing the detention beyond [48] hours of cash seized by virtue of section 38 of the Act shall be made by the information on oath and in writing of the applicant, in the Form 38.4, Schedule B. Such application shall be made to a Judge of the District Court assigned to the District Court district wherein the cash was seized. Where the Judge is satisfied that the urgency of the case so requires, such application may be heard and determined on the evidence viva voce and on oath of the applicant. In such case, a written note of the evidence given shall be prepared by the applicant and signed by the Judge.
(2) An order of the Court made on such application authorising the detention beyond [48] hours of cash seized by virtue of section 38 shall be in the Form 38.5, Schedule B. The applicant shall cause a copy of the said order to be served upon the person from whom the cash was seized and upon any person by or on whose behalf the cash was being imported or exported.
- —Further detention of cash
(1) An application to the Court by a member of the Garda Siochána or an officer of Customs and Excise under sub-section (3) of section 38 of the Act for an order authorizing the further detention in accordance with sub-section (3) of section 38 of the Act of cash seized by virtue of section 38 of the Act shall be made to a Judge of the District Court assigned to the District Court district in which the cash was seized. Such application shall be preceded by the issue, and service upon the person from whom the cash was seized and upon any other person directly affected by the order previously made under sub-section (2) of section 38 in respect of the cash, of copy of a notice of application, in the Form 38.6, Schedule B.
—notice of application
(2) Notice of such application shall be served at least seven days before the date fixed for the hearing of the application. Such notice may be served in the manner provided by Order 10 of these Rules. The original notice of application together with a statutory declaration as to the service of copy of such notice shall be lodged with the Clerk at least [48] hours before the date of the hearing.
—order
(3) An order of the Court granting the application shall be in the Form 38.7, Schedule B. The applicant shall cause a copy of any such order to be served upon the person from whom the cash was seized and upon any person by or on whose behalf the cash was being imported or exported.
- Release of cash
(1) An application to the Court under sub-section (5) of section 38 of the Act for an order releasing cash seized by virtue of section 38 of the Act shall be made to a Judge of the District Court assigned to the District Court district in which the cash was seized. Such application shall be preceded by the issue, and service upon the member(s) of the Garda Síochána or officers(s) of Customs and Excise who applied for any order previously made under sub-section (2) or sub-section (3) of section 38 of the Act in respect of the cash, of copy of a notice of application, in the Form 38.8, Schedule B.
—notice of application
(2) Notice of such application shall be served at least seven days before the date fixed for the hearing of the application. Such notice may be served in the manner provided by Order 10 of these Rules. The original notice of application shall be lodged with the Clerk at least [48] hours before the date of hearing.
—order
(3) The order of the Court on the application shall be in the Form 38.9, Schedule B.
- Venue
(1) Applications to the Court under the Act may be brought, heard and determined before a Judge of the District Court assigned to the District Court district wherein the cash was seized at any sitting of the Court within such Judge’s district.
(2) Where it seems appropriate to the Court to so direct, in any application under subsection (3) or sub-section (5) of section 38 of the Act, the Court may direct that any person who had not been given notice of the application be joined in, or put on notice of the application.]
Orders under Part 3 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
In this rule and rules 17 and 18, “the Act” means the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010).]
[17.
An application by a member of the Garda Síochána for an order under sub-section (2) of section 17 of the Act ordering a person not to carry out a specified service or transaction shall be made ex parte and otherwise than in public to a Judge of the District Court assigned to the district in which the order is proposed to be served. Such application shall be by the information on oath and in writing of the applicant, in the Form 38.22, Schedule B. Where the application is for a second or subsequent order in relation to a particular service or transaction, there shall be produced with the information a copy of any previous order of the Court in relation to that service or transaction. An order of the Court under sub-section (2) of section 17 of the Act shall be in the Form 38.23, Schedule B.]
[18.
(1) An application to a Judge of the Court under section 19 of the Act to revoke an order or direction made under section 17 of the Act, or an application under section 20 of the Act for an order in relation to any of the property concerned in an order or direction made under section 17 of the Act shall be made to a Judge of the District Court assigned to the district in which the order or direction was made.
Such application shall be preceded by the issue of a notice of application, in the Form 38.24, Schedule B, and service of a copy of that notice, in the manner provided by Order 10, upon the member of the Garda Síochána on whose application the order under section 17 of the Act was made.
(2) Unless the Court permits otherwise, notice of such application shall be served at least four days before the date fixed for the hearing of the application, and the original notice of application together with a statutory declaration as to the service of copy of the notice shall be lodged with the Clerk at least forty eight hours before the date of the hearing.
(3) Where it seems appropriate to the Court to so direct, in any application under section 19 or section 20 of the Act, the Court may direct that any person affected by the direction or order who was not given notice of the application be joined in, or put on notice of, the application.
(4) An order of the Court under section 20 of the Act shall be in the Form 38.25, Schedule B.
[(5) Notwithstanding Order 10, the Court may authorise or direct service of any notice of application for an order under section 19 or section 20 of the Act, or order made under section 17, section 19 or section 20 of the Act by any means referred to in section 110 of the Act.]