Counterfeiting

Table of Contents

2021 Act Definitions

‘counterfeiting instrument’ includes any instrument, article, computer programme or data, and any other means specially designed or adapted for making a counterfeit of a currency note or coin;

‘currency instrument’ includes any instrument, article, computer programme or data, and any other means specially designed or adapted for making a currency note or coin;

‘security feature’ includes a hologram, watermark or other component of currency which serves to protect against counterfeiting;”,

Offences

A person who makes or alters a designated note or coin, with the intention that he or she or another shall pass or tender it as genuine, is guilty of an offence.

A person who receives, obtains or transports anything which is, and which he or she knows or believes to be, a counterfeit of a currency note or coin with the intention that he or she or another shall pass or tender it as genuine is guilty of an offence.

A person who makes, receives, obtains or has in his or her custody or under his or her control a currency instrument, counterfeiting instrument or security feature, with the intention that he or she or another shall use the currency instrument, counterfeiting instrument or security feature for the purpose of making a counterfeit of a currency note or coin with the intention that it be passed or tendered as genuine, is guilty of an offence.

A person who, without lawful authority or excuse, has in his or her custody or under his or her control a currency instrument, counterfeiting instrument or security feature is guilty of an offence.

A person guilty of an offence under these provisions liable on conviction on indictment to a fine or imprisonment for a term not exceeding—

in the case of the first mentioned offence 10 years, or
in the case of the second mentioned offence five years..

Cross-Border

A person who imports or exports a counterfeit of a currency note or coin, which he or she knows or believes to be a counterfeit of a currency note or coin, with the intention that he or she or another shall pass or tender it as genuine is guilty of an offence.”.

An Irish citizen who does an act in a place outside the State that, if done in the State, would constitute the above offence or of inciting, aiding and abetting, or attempting the commission of the same is guilty of an offence.

A person other than an Irish citizen who does an act in a place outside the State that, if done in the State, would constitute the above offences or inciting, aiding and abetting, or attempting the commission of the same is guilty of an offence. This applies where the counterfeit of a currency note or coin to which the act related was a counterfeit of a currency note denominated in euro or a coin denominated in euro or in cent.

A person guilty of either of the above offences liable on conviction on indictment to the penalty to which he or she would have been liable if he or she had done the act that constitutes the offence in the State.

The Director of Public Prosecutions may take proceedings for the above offence if satisfied that—

a request for a person’s surrender for the purpose of trying him or her for an offence in respect of the conduct concerned has been made by a state in relation to which Part II of the Extradition Act 1965 applies, and that request has been finally refused (whether as a result of a decision of a court or otherwise),
a European arrest warrant has been received from an issuing state for the purpose of bringing proceedings against the person for an offence in respect of the conduct concerned, and a final determination has been made that the European arrest warrant should not be endorsed for execution in the State under the European Arrest Warrant Act 2003 or that the person should not be surrendered to the issuing state concerned, or

Corporates

Where the above offence is committed for the benefit of a body corporate by a regulted entity and the commission of the relevant offence is attributable to the failure, by a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, to exercise, at the time of the commission of the relevant offence and in all the circumstances of the case, the requisite degree of supervision or control of the regulted entity, the body corporate shall be guilty of an offence. It shall be a defence for a body corporate against which such proceedings are brought to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

Where the offence is committed by a comapny and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

CB Monitoring

The Central Bank shall monitor, and take all necessary measures to ensure, compliance by regulted entities with their obligations under—

the Euro Banknote Decision,
the Euro Coin Regulation, and
the Euro Counterfeiting Regulation.

Without prejudice to the generality of this the Central Bank may verify—

the procedures governing the operation and control by regulted entities of banknote and coin processing machines, and
the treatment of, and any manual authenticity and fitness checking of, euro notes and euro coins by regulted entities.

Regulated Entities

A regulated entiity means—

a credit institution,
within the limits of its payment activity, a payment service provider,
An Post, and

It also include any other person engaged in the processing and distribution to the public of notes or coins, or both, including—

a person whose activity consists of exchanging notes and coins of different currencies, including a person or body authorised under the Central Bank Act 1997 to carry on bureau de change business,
a transporter of funds, and
a person who is engaged on a secondary basis in the processing and distribution to the public of notes via automated teller machines (ATMs), within the limit of that secondary basis.

Requirements of Regulated Entities

The Central Bank may impose a requirement on regulated bodies to take such measures, within such time limit, as are specified in the requirement and as the Central Bank considers necessary to ensure that non-compliance is rectified promptly;

to comply with a condition of a permission granted by the Central Bank under Article 7.1 of the Euro Banknote Decision;
to adopt such corrective measures, within such time limit, as are specified in the requirement and as the Central Bank considers necessary to ensure that the non-compliance is rectified promptly, or
prohibiting the regulted entity from recirculating the euro banknote denomination of the series concerned.

The Central Bank, after consultation with the Minister for Finance, may by regulation provide for the following:

the manner in which, and the time limit within which, a regulated entitu shall hand over to the Central Bank banknotes to which the Euro Banknote Decision applies;
the standards (being stricter standards than those provided for in the Euro Banknote Decision) according to which manual fitness checking and automated fitness checking, or both, of euro banknotes of a particular denomination or series is to be carried out;
he manner in which, and the time limit within which, the entity shall hand over to the Central Bank unfit banknotes.

CB Powers

Where it is necessary to do so for the purpose of the performance of the Central Bank’s functions under this Part, the Central Bank may, by notice in writing given to a regulated entity require it to provide to the Central Bank the information specified in the notice, or the records so specified, to prepare and provide to the Central Bank the documents so specified.

A person who fails to provide any information, records or other documents in the form reasonably required by the Central Bank shall be treated as not having provided it or them in compliance with the requirement.

Regulated Entity Offences

A regulted entity shall be guilty of an offence where he or she fails to comply with—

Article 6.1 of the Euro Counterfeiting Regulation, or
Article 3.1, 3.2 or 4.1 of the Euro Coin Regulation.

A regulted entity who gives an assurance referred to in Article 6.2 of the Euro Coin Regulation that is false or misleading shall be guilty of an offence.

Regulated Entity Duties

A regulted entity shall check euro banknotes for authenticity and fitness in accordance with the procedures laid down in the Euro Banknote Decision, and where applicable, regulations made by the Central Bank. A regulted entity shall recirculate euro banknotes only in accordance with the Euro Banknote Decision.

A regulted entity shall hand over to the Central Bank—

banknotes to which Article 5 of the Euro Banknote Decision applies, in accordance with that Article and, where applicable, regulations , and
unfit euro banknotes, in accordance with regulations .

A regulted entity shall—

before it puts a type of banknote handling machine into operation, inform the Central Bank in writing (including by electronic means) of the fact, and
provide, in accordance with Annex IV of the Euro Banknote Decision, the Central Bank with the information specified in that Annex.

A regulted entity who fails to comply with the above is guilty of an offence. A regulted entity who is guilty of an offence under this section shall be liable—

on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or
on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or both.

Where two or more regulted entities are involved in the recirculation of the same euro banknotes, the above shall apply only to the regulted entity designated in regulations or where there are no regulations in effect, designated in contractual arrangements between those regulted entities.

Summary proceedings for an offence under this section may be brought and prosecuted by the Central Bank.

Failure to comply with a requirement

If any regulted entity fails or refuses to comply with a requirement imposed by the Central Bank or an authorised officer u, the Central Bank or the authorised officer may certify the failure or refusal to the High Court. When the Central Bank or an authorised officer certifies a failure or refusal , the High Court may inquire into the case and may make such order (including interim or interlocutory orders) or direction as the High Court thinks fit, after hearing—

(a) any witnesses who may be produced against or on behalf of the person concerned, and
(b) any statement which may be offered in defence.

Liability for offences by Corporate

Where any of the above offences is committed for the benefit of a body corporate by a responsible person and the commission of the relevant offence is attributable to the failure, by a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, to exercise, at the time of the commission of the relevant offence and in all the circumstances of the case, the requisite degree of supervision or control of the responsible person, the body corporate shall be guilty of an offence.

It shall be a defence for a body corporate against which such proceedings are brought to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

Where an offence under this Part is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

CB Currency Centre

The Currency Centre of the Central Bank of Ireland is designated as—

the National Analysis Centre for euro notes for the purposes of Article 4(1) of the Euro Counterfeiting Regulation, and
the Coin National Analysis Centre for euro coins for the purposes of Article 5(1) of the Euro Counterfeiting Regulation.

The following shall be defrayed out of the general fund of the Central Bank of Ireland and debited therein to the currency reserve:

all sums required for the provision of coins denominated in euro or in cent and provided under section 11;
all sums required for the performance by the Central Bank of Ireland of its functions under sections 13 (1)(b), 13 (3) and 28 (b) of the Counterfeiting Act 2021.