{"id":20073,"date":"2022-11-06T19:33:42","date_gmt":"2022-11-06T19:33:42","guid":{"rendered":"https:\/\/legalblog.ie\/?p=20073"},"modified":"2024-03-25T08:15:34","modified_gmt":"2024-03-25T08:15:34","slug":"aml-regulators","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/aml-regulators\/","title":{"rendered":"AML Regulators"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/aml-regulators\/#Regulators\" title=\"Regulators\">Regulators<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/aml-regulators\/#Functions_of_Regulator\" title=\"Functions of Regulator\">Functions of Regulator<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/aml-regulators\/#Reporting_Obligations\" title=\"Reporting Obligations\">Reporting Obligations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/aml-regulators\/#EU_Groups\" title=\"EU Groups\">EU Groups<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/aml-regulators\/#Regulators_Arrangements\" title=\"Regulators Arrangements\">Regulators Arrangements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/aml-regulators\/#Reporting_Breaches\" title=\"Reporting Breaches\">Reporting Breaches<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/aml-regulators\/#Required_Information\" title=\"Required Information\">Required Information<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/aml-regulators\/#Directions_by_Regulator\" title=\"Directions by Regulator\">Directions by Regulator<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/aml-regulators\/#Authorised_Officers\" title=\"Authorised Officers\">Authorised Officers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/aml-regulators\/#Investigatory_Powers\" title=\"Investigatory Powers\">Investigatory Powers<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#CRIMINAL_JUSTICE_MONEY_LAUNDERING_AND_TERRORIST_FINANCE_ACT\" title=\"CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCE) ACT\">CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCE) ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Monitoring_of_designated_persons\" title=\"Monitoring of designated persons\">Monitoring of designated persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Meaning_of_%E2%80%9Ccompetent_authority%E2%80%9D\" title=\"Meaning of \u201ccompetent authority\u201d.\">Meaning of \u201ccompetent authority\u201d.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Agreements_between_competent_authorities_where_more_than_one_applicable\" title=\"Agreements between competent authorities where more than one applicable.\">Agreements between competent authorities where more than one applicable.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Meaning_of_%E2%80%9CState_competent_authority%E2%80%9D\" title=\"Meaning of \u201cState competent authority\u201d.\">Meaning of \u201cState competent authority\u201d.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#General_functions_of_competent_authorities\" title=\"General functions of competent authorities.\">General functions of competent authorities.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Supervision\" title=\"Supervision\">Supervision<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Co-operation_with_Member_State_competent_authorities\" title=\"Co-operation with Member State competent authorities\">Co-operation with Member State competent authorities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Supervision_by_competent_authorities\" title=\"Supervision by competent authorities\">Supervision by competent authorities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Duties_of_competent_authorities\" title=\"Duties of competent authorities\">Duties of competent authorities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Reporting_breaches_to_competent_authority\" title=\"Reporting breaches to competent authority\">Reporting breaches to competent authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Annual_reporting\" title=\"Annual reporting.\">Annual reporting.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Request_to_bodies_to_provide_names_addresses_and_other_information_relating_to_designated_persons\" title=\"Request to bodies to provide names, addresses and other information relating to designated persons.\">Request to bodies to provide names, addresses and other information relating to designated persons.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Direction_to_furnish_information_or_documents\" title=\"Direction to furnish information or documents.\">Direction to furnish information or documents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Direction_to_provide_explanation_of_documents\" title=\"Direction to provide explanation of documents.\">Direction to provide explanation of documents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Purpose_of_direction_under_section_67_or_68\" title=\"Purpose of direction under section 67 or 68.\">Purpose of direction under section 67 or 68.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Self-incrimination_sections_67_and_68\" title=\"Self-incrimination (sections 67 and 68).\">Self-incrimination (sections 67 and 68).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#F142Directions_to_comply_with_obligations_under_this_Part\" title=\"F142[Directions to comply with obligations under this Part.\">F142[Directions to comply with obligations under this Part.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Appointment_of_authorised_officers\" title=\"Appointment of authorised officers.\">Appointment of authorised officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Powers_may_only_be_exercised_for_assisting_State_competent_authority\" title=\"Powers may only be exercised for assisting State competent authority.\">Powers may only be exercised for assisting State competent authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#General_power_of_authorised_officers_to_enter_premises\" title=\"General power of authorised officers to enter premises.\">General power of authorised officers to enter premises.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Entry_into_residential_premises_only_with_permission_or_warrant\" title=\"Entry into residential premises only with permission or warrant.\">Entry into residential premises only with permission or warrant.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Power_of_authorised_officers_to_do_things_at_premises\" title=\"Power of authorised officers to do things at premises.\">Power of authorised officers to do things at premises.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Entry_to_premises_and_doing_of_things_under_warrant\" title=\"Entry to premises and doing of things under warrant.\">Entry to premises and doing of things under warrant.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Authorised_officer_may_be_accompanied_by_others\" title=\"Authorised officer may be accompanied by others.\">Authorised officer may be accompanied by others.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Offence_to_obstruct_interfere_or_fail_to_comply_with_request\" title=\"Offence to obstruct, interfere or fail to comply with request.\">Offence to obstruct, interfere or fail to comply with request.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Self-incrimination_%E2%80%94_questions_of_authorised_officers\" title=\"Self-incrimination \u2014 questions of authorised officers.\">Self-incrimination \u2014 questions of authorised officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Production_of_documents_or_information_not_required_in_certain_circumstances\" title=\"Production of documents or information not required in certain circumstances.\">Production of documents or information not required in certain circumstances.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Disclosure_or_production_not_to_be_treated_as_breach_or_to_affect_lien\" title=\"Disclosure or production not to be treated as breach or to affect lien.\">Disclosure or production not to be treated as breach or to affect lien.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Criminal_Justice_Money_Laundering_and_Terrorist_Financing_Act_2010_Competent_Authority_Regulations_2014\" title=\"Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority) Regulations 2014.\">Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority) Regulations 2014.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Criminal_Justice_Money_Laundering_and_Terrorist_Financing_Act_2010_Competent_Authority_and_State_Competent_Authority_Regulations_2016\" title=\"Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority and State Competent Authority) Regulations 2016.\">Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority and State Competent Authority) Regulations 2016.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/aml-regulators\/2\/#Criminal_Justice_Money_Laundering_and_Terrorist_Financing_Act_2010_Section_25_Prescribed_Class_of_Designated_Person_Regulations_2018\" title=\"Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 25) (Prescribed Class of Designated Person) Regulations 2018\">Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 25) (Prescribed Class of Designated Person) Regulations 2018<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Regulators\"><\/span>Regulators<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may prescribe a regulator for a class of designated business. Where there is more than one regulator, they may agree between them that one of them will act as the regulator for that designated business. Such an agreement shall be effective when written notice has been given to the person.<\/p>\n<p>The regulators are as follows<\/p>\n<ul>\n<li>in the case of a designated business that is a credit institution or a financial institution, the Central Bank of Ireland;<\/li>\n<li>in the case of a designated business who is an auditor, external accountant, tax adviser or trust or company service provider\u2014<\/li>\n<li>if the person is a member of a designated accountancy body, the designated accountancy body, or<\/li>\n<li>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 through officers and members] of it who are members of a designated accountancy body, the designated accountancy body;<\/li>\n<li>in the case of a designated business who is a solicitor, the Law Society of Ireland;<\/li>\n<li>in the case of a designated business who is a barrister, the Legal Services Regulatory Authority;<\/li>\n<li>in the case of a designated business that is a property services provider, the Property Services Regulatory Authority;<\/li>\n<li>in the case of any other designated business the Minister shall prescribe the regulator.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Functions_of_Regulator\"><\/span>Functions of Regulator<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The functions and duties of a regulator are to secure compliance by designated businesses with the requirements of the legislation.<\/p>\n<p>A regulator shall effectively monitor the designated businesses for whom it is a regulator and take measures that are reasonably necessary for the purpose of securing compliance by those designated businesses with the requirements.<\/p>\n<p>The measures that are reasonably necessary include reporting to the Garda S\u00edoch\u00e1na and Revenue Commissioners any knowledge or suspicion that the regulator has that a designated business has been or is engaged in money laundering or terrorist financing.<\/p>\n<p>In determining, in any particular case, whether a designated business has complied with any of the requirements, a regulator shall consider whether the person is able to demonstrate to the regulator that the requirements have been met.<\/p>\n<p>A regulator that, in the course of monitoring a designated business 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 S\u00edoch\u00e1na and Revenue Commissioners.<\/p>\n<p>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 businesses.<\/p>\n<p>A regulator must include an account of its activities in relation to the performance of its functions in each annual report published.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reporting_Obligations\"><\/span>Reporting Obligations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any person performing a management function in or being the beneficial owner of the designated businesses and who is convicted of a relevant offence must inform the relevant regulator within 30 days of the day on which that person was convicted of the relevant offence.<\/p>\n<p>Any designated business 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 regulator of the conviction within 30 days of the date on which the designated business became aware of the conviction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"EU_Groups\"><\/span>EU Groups<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the case of a designated business which operates establishments in the State and which has its head offices in another EU State, or which operates establishments in another EU State and which has its head offices in the State, the following provisions apply.<\/p>\n<p>A regulator for designated businesses shall take the necessary steps\u2014<\/p>\n<ul>\n<li>to co-operate with EU State competent authorities in relation to the development and implementation of policies to counter money laundering and terrorist financing,<\/li>\n<li>to co-ordinate activities to counter money laundering and terrorist financing with EU State competent authorities, and<\/li>\n<li>to co-operate with EU State competent authorities to ensure the effective supervision of designated businesses to which this section applies.<\/li>\n<\/ul>\n<p>Co-operation with EU State competent authorities under this section by a regulator may include the sharing of information which the regulator is not prevented from disclosing by the law of the State and the provision of assistance shall not be refused on the basis that:<\/p>\n<ul>\n<li>the request for the sharing of information or the provision of assistance is also considered to involve tax matters;<\/li>\n<li>the law of the State requires the regulator to maintain secrecy or confidentiality except in those cases where the relevant information that is sought is protected by legal privilege;<\/li>\n<li>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<\/li>\n<li>the nature or status of the requesting regulator is different from that of the regulator of whom the request is made.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Regulators_Arrangements\"><\/span>Regulators Arrangements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Each regulator shall\u2014<\/p>\n<ul>\n<li>adopt a risk-based approach to the exercise of its supervisory functions,<\/li>\n<li>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,<\/li>\n<li>base the frequency and intensity of on-site and off-site supervision on the risk profile of designated businesses, and on the risks of money laundering and terrorist financing in the State,<\/li>\n<li>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 businesses, including the risks of non-compliance with the provisions of the legislation, and<\/li>\n<li>take into account the degree of discretion allowed to the designated business, and appropriately review the risk assessments underlying this discretion and the adequacy and implementation of its internal policies, controls and procedures.]<\/li>\n<\/ul>\n<p>A regulator, other than a State regulator, shall make arrangements to ensure that\u2014<\/p>\n<ul>\n<li>its supervisory functions are exercised independently of any of its other functions which do not relate to disciplinary matters,<\/li>\n<li>sensitive information relating to its supervisory functions is appropriately handled within the regulator,<\/li>\n<li>it employs only persons with appropriate qualifications, integrity and professional skills to carry out the supervisory functions and maintain high professional standards, including standards of confidentiality and data protection and standards addressing conflicts of interest, and<\/li>\n<li>contravention of a requirement imposed by or under the legislation by a designated business it is responsible for supervising renders that person liable to effective, proportionate and dissuasive disciplinary measures under its rules.<\/li>\n<\/ul>\n<p>A regulator, other than a State regulator, shall\u2014<\/p>\n<ul>\n<li>provide adequate resources to carry out the supervisory functions, and<\/li>\n<li>appoint a person to monitor and manage the regulator\u2019s compliance with its duties under the legislation.<\/li>\n<\/ul>\n<p>The person appointed shall be responsible for liaison with another regulator, and any EU State regulator and for ensuring that the regulator responds fully and as soon as possible to any request from an authority for information about any person it supervises.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reporting_Breaches\"><\/span>Reporting Breaches<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Each regulator shall establish effective and reliable mechanisms to encourage the reporting of potential and actual breaches of the legislation. Each regulator shall provide one or more secure communication channels for persons reporting the matters concerned.<\/p>\n<p>Each regulator shall ensure that the channels of communication can also be used by persons to report any threats or retaliatory or hostile actions they are subjected to for reporting suspected breaches of the legislation.<\/p>\n<p>The above obligations do not affect any function that a regulator has under any other enactment or rule of law.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Required_Information\"><\/span>Required Information<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Requests may be made to bodies to provide relevant information relating to designated businesses. A State regulator may request relevant information. A regulator that receives a request must disclose the relevant information. The Minister to prescribe information that a State regulator may request.<\/p>\n<p>A State regulator may direct a designated business to provide information or documents as specified by written notice. It is an offence not to reply. The State regulator should specify the manner and time in which the information is to be furnished and that a person should only furnish documents in their possession or documents which can be obtained lawfully.<\/p>\n<p>A person who knows the whereabouts of documents sought is to give a statement identifying the whereabouts thereof. Failure to comply is an offence. That document shall be furnished in written form unless otherwise directed. A State regulator may take copies of such documents.<\/p>\n<p>The furnishing of documents under the provision shall not prejudice any lien held over an item forming part of any documents furnished. A State regulator may direct a designated business to furnish an explanation in relation to any documents furnished to the authority. The authority is to specify the time and manner in which the explanation is to be furnished. \u00a0There are penalties for failure to comply with a direction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Directions_by_Regulator\"><\/span>Directions by Regulator<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A State regulator may only give a direction if the information or documents are reasonably required by the authority to assist it in the performance of its functions. A person is not required to comply with a direction where to do so might tend to incriminate them.<\/p>\n<p>A State regulator may \u00a0direct a designated business to discontinue or refrain from engaging in conduct which may constitute a breach. A \u00a0direction is to specify the time in which a direction is to be complied with. In the event that such a direction is not complied with, and the person is found guilty of an offence due to the conduct specified in the direction, it provides that the court shall take the failure to comply into account as an aggravating factor in determining any sentence to be imposed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Authorised_Officers\"><\/span>Authorised Officers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A State regulator may appoint employees or other persons to be authorised officers for the purpose of the legislation. The authority may revoke such an appointment in writing. Every authorised officer appointed by a State regulator s be furnished with a warrant of appointment and the officer shall produce the warrant for inspection if requested by a person affected by the performance of the officer\u2019s functions.<\/p>\n<p>An authorised officer may only exercise powers for the purpose of assisting the State regulator that appointed the officer. Authorised officers have the power to enter premises and sets out the circumstances in which this power may be exercised. An authorised officer may not enter premises used only for residential purposes unless with the permission of the occupier or under the authority of a warrant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Investigatory_Powers\"><\/span>Investigatory Powers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person to whom a request is made to comply with the request where possible and give such assistance and information to the authorised officer as is reasonable. An authorised officer may apply to a judge of the District Court for a warrant. A District Court judge may issue a warrant under the provision in order to permit an authorised officer to enter the relevant premises and to exercise the powers conferred on the officer or by the warrant.<\/p>\n<p>Before the judge may issue a warrant, he or she must be satisfied that there are reasonable grounds for believing that there are documents contained on the premises that are required by the State regulator and, where the application is in respect of a residential premises, that the occupier has refused entry to the officer. Entry to a premises authorised by a warrant may be effected with reasonable force.<\/p>\n<p>An authorised officer may be accompanied and assisted by other authorised officers, members of the Garda Siochana or other appropriate persons. It is an offence to obstruct or interfere with an authorised officer in their powers or to fail to comply with a requirement.<\/p>\n<p>Nothing in the legislation requires a person to answer questions which might tend to incriminate them. Nothing requires the production of documents or information subject to legal privilege.<\/p>\n<p>The production of documents or information in accordance with a statutory request shall not, on disclosure by the person receiving it, be treated as a breach of any restriction under any enactment or rule of law. The production of any item forming part of the documents shall not prejudice any lien in place over that item.<\/p>\n<p>&nbsp;<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCE) ACT<\/h2>\n<p>Chapter 8<\/p>\n<h4>Monitoring of designated persons<\/h4>\n<h4>Meaning of \u201ccompetent authority\u201d.<\/h4>\n<p>60.\u2014 (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.<\/p>\n<p>(2) If no such competent authority is prescribed, a reference in this Part to the competent authority is a reference to the following:<\/p>\n<p>(a) in the case of a designated person that is a credit institution or a financial institution, the F125[Central Bank of Ireland];<\/p>\n<p>(b) in the case of a designated person who is an auditor, external accountant, tax adviser or trust or company service provider\u2014<\/p>\n<p>(i) if the person is a member of a designated accountancy body, the designated accountancy body, or<\/p>\n<p>(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;<\/p>\n<p>(c) in the case of a designated person who is a solicitor, the Law Society of Ireland;<\/p>\n<p>F127[(d) in the case of a designated person who is a barrister, the Legal Services Regulatory Authority;]<\/p>\n<p>F128[(da) F129[\u2026]]<\/p>\n<p>F130[(db) in the case of a designated person that is a property services provider, the Property Services Regulatory Authority;]<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F125<br \/>\nSubstituted (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.<\/p>\n<p>F126<br \/>\nSubstituted (14.06.2013) by Criminal Justice Act 2013 (19\/2013), s. 13, S.I. No. 196 of 2013.<\/p>\n<p>F127<br \/>\nSubstituted (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.<\/p>\n<p>F128<br \/>\nInserted (7.10.2019) by Legal Services Regulation Act 2015 (65\/2015), s. 214(b), S.I. No. 502 of 2019.<\/p>\n<p>F129<br \/>\nDeleted (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.<\/p>\n<p>F130<br \/>\nInserted (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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E30<br \/>\nPower 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.<\/p>\n<p>E31<br \/>\nPowers 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.<\/p>\n<p>E32<br \/>\nPrevious 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.<\/p>\n<p>E33<br \/>\nPrevious 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.<\/p>\n<h4>Agreements between competent authorities where more than one applicable.<\/h4>\n<p>61.\u2014 (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.<\/p>\n<p>(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.<\/p>\n<p>(3) An agreement under this section, in relation to a designated person, ceases to have effect when\u2014<\/p>\n<p>(a) any of the parties to the agreement gives notice, in writing, to the other parties of the termination of the agreement,<\/p>\n<p>(b) the agreement expires, or<\/p>\n<p>(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,<\/p>\n<p>whichever is the earliest.<\/p>\n<h4>Meaning of \u201cState competent authority\u201d.<\/h4>\n<p>62.\u2014 (1) In this Part, a reference to a State competent authority is a reference to one of the following competent authorities:<\/p>\n<p>(a) the F131[Central Bank of Ireland];<\/p>\n<p>(b) the Minister;<\/p>\n<p>(c) such other competent authority as is prescribed.<\/p>\n<p>(2) The Minister may prescribe a competent authority as a State competent authority for the purposes of subsection (1) (c) only if\u2014<\/p>\n<p>(a) the Minister is satisfied that the competent authority is appropriate, having regard to the functions of State competent authorities under this Part, and<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F131<br \/>\nSubstituted (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.<\/p>\n<p>F132<br \/>\nInserted by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 32, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C10<br \/>\nProspective 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.<\/p>\n<p>F132[(aa) the Legal Services Regulatory Authority;]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E34<br \/>\nPower 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.<\/p>\n<h4>General functions of competent authorities.<\/h4>\n<p>63.\u2014 (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.<\/p>\n<p>(2) The measures that are reasonably necessary include reporting to the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(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.<\/p>\n<p>(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 S\u00edoch\u00e1na and Revenue Commissioners.<\/p>\n<p>F133[<\/p>\n<h4>Supervision<\/h4>\n<p>63A.\u2014 (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).<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(4) In this section \u201ca relevant offence\u201d means\u2014<\/p>\n<p>(a) an offence under this Act,<\/p>\n<p>(b) an offence specified in Schedule 1 to the Criminal Justice Act 2011, or<\/p>\n<p>(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).<\/p>\n<p>(5) A person who fails to comply with subsection (2) or (3) shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u20ac100,000 or imprisonment for a term not exceeding 2 years or both.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F133<br \/>\nInserted (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 \u20ac5,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<p>F134[<\/p>\n<h4>Co-operation with Member State competent authorities<\/h4>\n<p>63B.\u2014 (1) This section applies to designated persons\u2014<\/p>\n<p>(a) which operate establishments in the State and which have their head offices in another Member State, or<\/p>\n<p>(b) which operate establishments in another Member State and which have their head offices in the State.<\/p>\n<p>(2) A competent authority for designated persons to which this section applies shall take the necessary steps\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) to co-ordinate activities to counter money laundering and terrorist financing with Member State competent authorities, and<\/p>\n<p>(c) to co-operate with Member State competent authorities to ensure the effective supervision of designated persons to which this section applies.<\/p>\n<p>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:<\/p>\n<p>(a) the request for the sharing of information or the provision of assistance is also considered to involve tax matters;<\/p>\n<p>(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;<\/p>\n<p>(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<\/p>\n<p>(d) the nature or status of the requesting competent authority is different from that of the competent authority of whom the request is made.]<\/p>\n<p>(3) In this section \u201cMember State competent authority\u201d, 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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F134<br \/>\nInserted (18.11.2019) by European Union (Money Laundering and Terrorist Financing) Regulations 2019 (S.I. No. 578 of 2019), reg. 2(b).<\/p>\n<p>F135<br \/>\nInserted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3\/2021), s. 19, S.I. No. 188 of 2021.<\/p>\n<p>F136[<\/p>\n<h4>Supervision by competent authorities<\/h4>\n<p>63C.\u2014 Each competent authority shall\u2014<\/p>\n<p>(a) adopt a risk-based approach to the exercise of its supervisory functions,<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F136<br \/>\nInserted (18.11.2019) by European Union (Money Laundering and Terrorist Financing) Regulations 2019 (S.I. No. 578 of 2019), reg. 2(b).<\/p>\n<p>F137[<\/p>\n<h4>Duties of competent authorities<\/h4>\n<p>63D.\u2014 (1) A competent authority, other than a State competent authority, shall make arrangements to ensure that\u2014<\/p>\n<p>(a) its supervisory functions are exercised independently of any of its other functions which do not relate to disciplinary matters,<\/p>\n<p>(b) sensitive information relating to its supervisory functions is appropriately handled within the competent authority,<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(2) A competent authority, other than a State competent authority, shall\u2014<\/p>\n<p>(a) provide adequate resources to carry out the supervisory functions, and<\/p>\n<p>(b) appoint a person to monitor and manage the competent authority\u2019s compliance with its duties under this Act.<\/p>\n<p>(3) The person appointed under subsection (2)(b) shall be responsible\u2014<\/p>\n<p>(a) for liaison with\u2014<\/p>\n<p>(i) another competent authority, and<\/p>\n<p>(ii) any Member State competent authority (within the meaning of section 63B),<\/p>\n<p>(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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F137<br \/>\nInserted (18.11.2019) by European Union (Money Laundering and Terrorist Financing) Regulations 2019 (S.I. No. 578 of 2019), reg. 2(b).<\/p>\n<p>F138<br \/>\nSubstituted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3\/2021), s. 20, S.I. No. 188 of 2021.<\/p>\n<p>F139[<\/p>\n<h4>Reporting breaches to competent authority<\/h4>\n<p>63E.\u2014 (1) Each competent authority shall establish effective and reliable mechanisms to encourage the reporting of potential and actual breaches of this Act.<\/p>\n<p>(2) Each competent authority shall provide one or more secure communication channels for persons reporting the matters referred to in subsection (1).<\/p>\n<p>(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.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F139<br \/>\nInserted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3\/2021), s. 21, S.I. No. 188 of 2021.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E35<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<p>Application of other enactments.<\/p>\n<p>64.\u2014 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.<\/p>\n<h4>Annual reporting.<\/h4>\n<p>65.\u2014F140[(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.<\/p>\n<p>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.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F140<br \/>\nInserted (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.<\/p>\n<p>F141<br \/>\nInserted (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.<\/p>\n<h4>Request to bodies to provide names, addresses and other information relating to designated persons.<\/h4>\n<p>66.\u2014 (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:<\/p>\n<p>(a) the name, address or other contact details of the person;<\/p>\n<p>(b) any other prescribed information relating to the person.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) any designated persons for whom the authority is a competent authority, or<\/p>\n<p>(b) any persons whom the body reasonably considers may be such designated persons.<\/p>\n<p>(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.<\/p>\n<p>(4) Notwithstanding any other enactment or rule of law, a body that receives a request under this section shall disclose the relevant information concerned.<\/p>\n<p>(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.<\/p>\n<h4>Direction to furnish information or documents.<\/h4>\n<p>67.\u2014 (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.<\/p>\n<p>(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 \u20ac5,000 or imprisonment for a term not exceeding 12 months (or both).<\/p>\n<p>(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.<\/p>\n<p>(4) A person is required to furnish documents in accordance with this section only if the documents are in the person\u2019s possession or within the person\u2019s power to obtain lawfully.<\/p>\n<p>(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.<\/p>\n<p>(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 \u20ac5,000 or imprisonment for a term not exceeding 12 months (or both).<\/p>\n<p>(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.<\/p>\n<p>(8) A State competent authority may take copies of, or extracts from, any document furnished to the authority under this section.<\/p>\n<h4>Direction to provide explanation of documents.<\/h4>\n<p>68.\u2014 (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\u2014<\/p>\n<p>(a) the person has furnished to the authority in complying with a direction under section 67, or<\/p>\n<p>(b) an authorised officer has lawfully removed from premises under section 77 (including as applied by section 78).<\/p>\n<p>(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.<\/p>\n<p>(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 \u20ac5,000 or imprisonment for a term not exceeding 12 months (or both).<\/p>\n<h4>Purpose of direction under section 67 or 68.<\/h4>\n<p>69.\u2014 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.<\/p>\n<h4>Self-incrimination (sections 67 and 68).<\/h4>\n<p>70.\u2014 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.<\/p>\n<h4>F142[Directions to comply with obligations under this Part.<\/h4>\n<p>71.\u2014 (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\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) which consists of the conduct specified in the direction given under subsection (1)(a), or<\/p>\n<p>(b) which would not have been committed if the direction under subsection (1)(b) had been complied with,<\/p>\n<p>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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F142<br \/>\nSubstituted (14.06.2013) by Criminal Justice Act 2013 (19\/2013), s. 14, S.I. No. 196 of 2013.<\/p>\n<h4>Appointment of authorised officers.<\/h4>\n<p>72.\u2014 (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.<\/p>\n<p>(2) A State competent authority may revoke any appointment made by the authority under subsection (1).<\/p>\n<p>(3) An appointment or revocation under this section shall be in writing.<\/p>\n<p>(4) A person\u2019s appointment by a State competent authority as an authorised officer ceases\u2014<\/p>\n<p>(a) on the revocation by the authority of the appointment,<\/p>\n<p>(b) in a case where the appointment is for a specified period, on the expiration of the period,<\/p>\n<p>(c) on the person\u2019s resignation from the appointment, or<\/p>\n<p>(d) in a case where the person is an employee of the authority\u2014<\/p>\n<p>(i) on the resignation of the person as an employee of the authority, or<\/p>\n<p>(ii) on the termination of the person\u2019s employment with the authority for any other reason.<\/p>\n<h5>Warrant of appointment.<\/h5>\n<p>73.\u2014 (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.<\/p>\n<p>(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\u2019s warrant of appointment for inspection.<\/p>\n<h4>Powers may only be exercised for assisting State competent authority.<\/h4>\n<p>74.\u2014 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\u2019s functions under this Part.<\/p>\n<h4>General power of authorised officers to enter premises.<\/h4>\n<p>75.\u2014 (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.<\/p>\n<p>(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.<\/p>\n<p>(3) An authorised officer may enter premises under subsection (1) or (2)\u2014<\/p>\n<p>(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<\/p>\n<p>(b) in any other case, at any reasonable time.<\/p>\n<h4>Entry into residential premises only with permission or warrant.<\/h4>\n<p>76.\u2014 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.<\/p>\n<h4>Power of authorised officers to do things at premises.<\/h4>\n<p>77.\u2014 (1) An authorised officer may, at any premises lawfully entered by the officer, do any of the following:<\/p>\n<p>(a) inspect the premises;<\/p>\n<p>(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)\u2014<\/p>\n<p>(i) to produce the documents for inspection, and<\/p>\n<p>(ii) if any of those documents are in an electronic, mechanical or other form, to reproduce the document in a written form;<\/p>\n<p>(c) inspect documents produced or reproduced in accordance with such a request or found in the course of inspecting the premises;<\/p>\n<p>(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);<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>(2) A person to whom a request is made in accordance with subsection (1) shall\u2014<\/p>\n<p>(a) comply with the request so far as it is possible to do so, and<\/p>\n<p>(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.<\/p>\n<p>(3) A reference in this section to data equipment includes a reference to any associated apparatus.<\/p>\n<p>(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.<\/p>\n<h4>Entry to premises and doing of things under warrant.<\/h4>\n<p>78.\u2014 (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\u2014<\/p>\n<p>(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\u2019s functions under this Part are contained on premises, and<\/p>\n<p>(b) the premises comprise a dwelling or an authorised officer has been obstructed or otherwise prevented from entering the premises under section 75.<\/p>\n<p>(2) A warrant under this section authorises an authorised officer, at any time or times within one month of the issue of the warrant\u2014<\/p>\n<p>(a) to enter the premises specified in the warrant, and<\/p>\n<p>(b) to exercise the powers conferred on authorised officers by this Chapter or any of those powers that are specified in the warrant.<\/p>\n<p>(3) Entry to premises the subject of a warrant may be effected with the use of reasonable force.<\/p>\n<h4>Authorised officer may be accompanied by others.<\/h4>\n<p>79.\u2014 An authorised officer may be accompanied, and assisted in the exercise of the officer\u2019s powers (including under a warrant issued under section 78), by such other authorised officers, members of the Garda S\u00edoch\u00e1na or other persons as the authorised officer reasonably considers appropriate.<\/p>\n<h4>Offence to obstruct, interfere or fail to comply with request.<\/h4>\n<p>80.\u2014 (1) A person commits an offence if the person, without reasonable excuse\u2014<\/p>\n<p>(a) obstructs or interferes with an authorised officer in the exercise of the officer\u2019s powers under this Chapter, or<\/p>\n<p>(b) fails to comply with a requirement, or request made by an authorised officer, under section 77 (including as applied by section 78).<\/p>\n<p>(2) A person who commits an offence under this section is liable, on summary conviction, to a fine not exceeding \u20ac5,000 or imprisonment for a term not exceeding 12 months (or both).<\/p>\n<p>(3) A reference in this section to an authorised officer includes a member of the Garda S\u00edoch\u00e1na or other person who is accompanying and assisting the officer in accordance with section 79.<\/p>\n<h4>Self-incrimination \u2014 questions of authorised officers.<\/h4>\n<p>81.\u2014 Nothing in this Chapter requires a person to answer questions if to do so might tend to incriminate the person.<\/p>\n<h4>Production of documents or information not required in certain circumstances.<\/h4>\n<p>82.\u2014 Nothing in this Chapter requires the production of any document or information subject to legal privilege.<\/p>\n<h4>Disclosure or production not to be treated as breach or to affect lien.<\/h4>\n<p>83.\u2014 (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.<\/p>\n<p>(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.<\/p>\n<p>S.I. No. 79\/2014 &#8211;<\/p>\n<p>&nbsp;<\/p>\n<h2>Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority) Regulations 2014.<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 14th February, 2014.<\/p>\n<p>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:<\/p>\n<p>1. These Regulations may be cited as the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority) Regulations 2014.<\/p>\n<p>2. These Regulations come into operation on 3 March 2014.<\/p>\n<p>3. In these Regulations \u201csubsidiary\u201d has the meaning assigned to it by section 155 of the Companies Act 1963 (No. 33 of 1963).<\/p>\n<p>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.<\/p>\n<p>SCHEDULE<\/p>\n<p>Trust or company service providers which\u2014<\/p>\n<p>(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<\/p>\n<p>(b) are subsidiaries of a credit institution or a financial institution.<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>10 February 2014.<\/p>\n<p>ALAN SHATTER,<\/p>\n<p>S.I. No. 453\/2016 &#8211;<\/p>\n<h2>Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority and State Competent Authority) Regulations 2016.<\/h2>\n<p>&nbsp;<\/p>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 23rd August, 2016.<\/p>\n<p>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:<\/p>\n<p>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.<\/p>\n<p>2. These Regulations shall come into operation on 1 September 2016.<\/p>\n<p>3. In these Regulations, \u201cAct of 2010\u201d means the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010).<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>16 August 2016.<\/p>\n<p>FRANCES FITZGERALD,<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>Minister for Justice and Equality.<\/p>\n<p>&nbsp;<\/p>\n<p>Minister for Justice and Equality.<\/p>\n<p>&nbsp;<\/p>\n<p>S.I. No. 487\/2018 &#8211;<\/p>\n<h2>Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 25) (Prescribed Class of Designated Person) Regulations 2018<\/h2>\n<p>&nbsp;<\/p>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 27th November, 2018.<\/p>\n<p>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:<\/p>\n<p>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.<\/p>\n<p>(2) These Regulations shall come into operation on 26 November 2018.<\/p>\n<p>2. In these Regulations, \u201cAct of 2010\u201d means Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010).<\/p>\n<p>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.<\/p>\n<p>(2) In this Regulation, \u201cgambling services\u201d 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\u2014<\/p>\n<p>(a) poker games provided at a physical location other than a casino or private members\u2019 club,<\/p>\n<p>(b) lotteries within the meaning of the Gaming and Lotteries Act 1956 (No. 2 of 1956), and<\/p>\n<p>(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 .<\/p>\n<p>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 \u201coccasional transaction\u201d in section 24 of the Act of 2010 shall be modified so that the reference in paragraph (a) of that definition to \u201ca person referred to in section 25(1)(h)\u201d be read as a reference to a member of the class of persons prescribed in Regulation 3.<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>22 November 2018.<\/p>\n<p>CHARLES FLANAGAN,<\/p>\n<p>Minister for Justice and Equality.<\/p>\n<p>1 OJ No. 141, 5.6.2015, p. 73.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-20073\" data-postid=\"20073\" class=\"themify_builder_content themify_builder_content-20073 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Regulators The Minister may prescribe a regulator for a class of designated business. Where there is more than one regulator, they may agree between them that one of them will act as the regulator for that designated business. Such an agreement shall be effective when written notice has been given to the person. The regulators [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[291],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20073"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=20073"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20073\/revisions"}],"predecessor-version":[{"id":34110,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20073\/revisions\/34110"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=20073"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=20073"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=20073"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}