{"id":20078,"date":"2022-11-06T19:40:29","date_gmt":"2022-11-06T19:40:29","guid":{"rendered":"https:\/\/legalblog.ie\/?p=20078"},"modified":"2024-03-24T23:35:14","modified_gmt":"2024-03-24T23:35:14","slug":"aml-reports","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/aml-reports\/","title":{"rendered":"AML Reports"},"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-reports\/#FIU\" title=\"FIU\">FIU<\/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-reports\/#Reporting_of_suspicious_transactions\" title=\"Reporting of suspicious transactions\">Reporting of suspicious transactions<\/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-reports\/#Matters_Reported\" title=\"Matters Reported\">Matters Reported<\/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-reports\/#Legal_Privilege\" title=\"Legal Privilege\">Legal Privilege<\/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-reports\/#N0_Tipping_Off\" title=\"N0 Tipping Off\">N0 Tipping Off<\/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-reports\/#Defences_Internal_Disclosures\" title=\"Defences \/Internal Disclosures\">Defences \/Internal Disclosures<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/aml-reports\/2\/#CRIMINAL_JUSTICE_MONEY_LAUNDERING_AND_TERRORIST_FINANCING_ACT\" title=\"CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) ACT\">CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) 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-8\" href=\"https:\/\/legalblog.ie\/aml-reports\/2\/#Financial_Intelligence_Unit\" title=\"Financial Intelligence Unit\">Financial Intelligence Unit<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/aml-reports\/2\/#State_Financial_Intelligence_Unit\" title=\"State Financial Intelligence Unit\">State Financial Intelligence Unit<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/aml-reports\/2\/#Powers_of_FIU_Ireland_to_receive_and_analyse_information\" title=\"Powers of FIU Ireland to receive and analyse information\">Powers of FIU Ireland to receive and analyse information<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/aml-reports\/2\/#Powers_of_certain_members_of_FIU_Ireland_to_obtain_information\" title=\"Powers of certain members of FIU Ireland to obtain information\">Powers of certain members of FIU Ireland to obtain information<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/aml-reports\/2\/#Requests_by_FIU_Ireland_to_Article_32_authorities\" title=\"Requests by FIU Ireland to Article 3(2) authorities\">Requests by FIU Ireland to Article 3(2) authorities<\/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-reports\/2\/#Power_of_FIU_Ireland_to_respond_to_requests_for_information_from_competent_authorities\" title=\"Power of FIU Ireland to respond to requests for information from competent authorities\">Power of FIU Ireland to respond to requests for information from competent authorities<\/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-reports\/2\/#Requests_by_Article_32_authorities_to_FIU_Ireland\" title=\"Requests by Article 3(2) authorities to FIU Ireland\">Requests by Article 3(2) authorities to FIU Ireland<\/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-reports\/2\/#Power_of_FIU_Ireland_to_share_information\" title=\"Power of FIU Ireland to share information\">Power of FIU Ireland to share information<\/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-reports\/2\/#Exchange_of_financial_information_or_financial_analysis\" title=\"Exchange of financial information or financial analysis\">Exchange of financial information or financial analysis<\/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-reports\/2\/#Exchange_of_information_between_Europol_and_FIU_Ireland\" title=\"Exchange of information between Europol and FIU Ireland\">Exchange of information between Europol and FIU Ireland<\/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-reports\/2\/#Processing_of_certain_special_categories_of_personal_data\" title=\"Processing of certain special categories of personal data\">Processing of certain special categories of personal data<\/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-reports\/2\/#Records_of_certain_information_requests\" title=\"Records of certain information requests\">Records of certain information requests<\/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-reports\/2\/#Reporting_of_suspicious_transactions_and_of_transactions_involving_certain_places\" title=\"Reporting of suspicious transactions and of transactions involving certain places\">Reporting of suspicious transactions and of transactions involving certain places<\/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-reports\/2\/#Interpretation_Chapter_4\" title=\"Interpretation (Chapter 4).\">Interpretation (Chapter 4).<\/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-reports\/2\/#Defence_%E2%80%94_internal_reporting_procedures\" title=\"Defence \u2014 internal reporting procedures.\">Defence \u2014 internal reporting procedures.<\/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-reports\/2\/#Use_of_reported_and_other_information_in_investigations\" title=\"Use of reported and other information in investigations.\">Use of reported and other information in investigations.<\/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-reports\/2\/#Disclosure_not_required_in_certain_circumstances\" title=\"Disclosure not required in certain circumstances.\">Disclosure 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-25\" href=\"https:\/\/legalblog.ie\/aml-reports\/2\/#Disclosure_not_to_be_treated_as_breach\" title=\"Disclosure not to be treated as breach.\">Disclosure not to be treated as breach.<\/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-reports\/2\/#Tipping_off_by_designated_persons\" title=\"Tipping off by designated persons\">Tipping off by designated persons<\/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-reports\/2\/#Interpretation_Chapter_5\" title=\"Interpretation (Chapter 5).\">Interpretation (Chapter 5).<\/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-reports\/2\/#Tipping_off\" title=\"Tipping off.\">Tipping off.<\/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-reports\/2\/#Defence_%E2%80%94_disclosure_to_customer_in_case_of_direction_or_order_to_suspend_service_or_transaction\" title=\"Defence \u2014 disclosure to customer in case of direction or order to suspend service or transaction.\">Defence \u2014 disclosure to customer in case of direction or order to suspend service or transaction.<\/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-reports\/2\/#Defences_%E2%80%94_disclosures_within_undertaking_or_group\" title=\"Defences \u2014 disclosures within undertaking or group.\">Defences \u2014 disclosures within undertaking or group.<\/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-reports\/2\/#Defences_%E2%80%94_other_disclosures_between_institutions_or_professionals\" title=\"Defences \u2014 other disclosures between institutions or professionals.\">Defences \u2014 other disclosures between institutions or professionals.<\/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-reports\/2\/#Defences_%E2%80%94_other_disclosures\" title=\"Defences \u2014 other disclosures.\">Defences \u2014 other disclosures.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"FIU\"><\/span>FIU<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The \u00a0Financial Intelligence Unit (FIU) is part of the Garda S\u00edoch\u00e1na. The FIU is responsible for receiving and analysing suspicious transaction reports. It may access the beneficial ownership registers and request information from designated businesses, competent authorities, the Revenue Commissioners and the Minister for Employment Affairs and Social Protection in order to carry out its functions.<\/p>\n<p>It may provide information to certain bodies where there are grounds to suspect money laundering or terrorist financing. It may share information with FIUs in other European Union Member States.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reporting_of_suspicious_transactions\"><\/span>Reporting of suspicious transactions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A designated business includes any person acting, or purporting to act, on behalf of the designated business, including any agent, employee, partner, director or another officer of, or any person engaged under a contract for services with, the designated business.<\/p>\n<p>A designated business must report to the Garda Siochana (FIU Unit) and the Revenue Commissioners any knowledge or suspicion they have that another person is engaged in money laundering or terrorist financing. The report should be made as soon as practicable.<\/p>\n<p>The report may be made in accordance with an internal reporting procedure. A defendant charged with offences may prove, in his or her defence, that they were an employee making a report in accordance with an internal reporting procedure.<\/p>\n<p>The information included in a report may be used in an investigation into money laundering or terrorist financing or any other offence. The legislation sets out the circumstances in which disclosure of the information is not required.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Matters_Reported\"><\/span>Matters Reported<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A designated business that is required to report shall disclose the following information in the report:<\/p>\n<ul>\n<li>the information on which the designated business\u2019s knowledge, suspicion or reasonable grounds are based;<\/li>\n<li>the identity, if the designated business knows it, of the person who the designated business knows, suspects or has reasonable grounds to suspect has been or is engaged in an offence of money laundering or terrorist financing;<\/li>\n<li>the whereabouts, if the designated business knows them, of the property the subject of the money laundering, or the funds the subject of the terrorist financing, as the case may be;<\/li>\n<li>any other relevant information.<\/li>\n<\/ul>\n<p>In certain circumstances, the designated business may proceed with a suspicious service or transaction prior to the sending of the report to the Garda Siochana (FIU Unit) and the Revenue Commissioners. This does not authorize a person to proceed with a service or transaction if they have been directed or ordered otherwise. There are penalties for an offence committed under the provision.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Legal_Privilege\"><\/span>Legal Privilege<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Nothing requires the disclosure of information that is subject to legal privilege. A relevant professional adviser to disclose information that he or she has received from or obtained in relation to a client in the course of ascertaining the legal position of the client. This does not apply to information received from or obtained in relation to a client with the intention of furthering a criminal purpose.<\/p>\n<p>A relevant professional adviser\u201d means an accountant, auditor or tax adviser who is a member of a designated accountancy body or of the Irish Taxation Institute;<\/p>\n<p>The disclosure of information by a person in accordance with the obligations is not treated, for any purpose, as a breach of any restriction imposed by any other enactment or rule of law on disclosure by the person or any other person on whose behalf the disclosure is made.<\/p>\n<p>A \u2018\u2018legal adviser\u2019\u2019 is a barrister or solicitor. A client of a solicitor who seeks advice from a barrister is, in the case of an adviser who is a barrister, a customer for this purpose.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"N0_Tipping_Off\"><\/span>N0 Tipping Off<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A designated business may not make any disclosures likely to prejudice any ongoing or future investigation. There are penalties for tipping off.<\/p>\n<p>It is a defence for a person charged with an offence to prove that the disclosure was to a customer of the defendant or designated business, the defendant or designated business was directed or ordered not to carry out any service or transaction in respect of the customer and this fact was the extent of the disclosure.<\/p>\n<p>It is also a defence if the disclosure was solely to the effect that the defendant or a designated business on whose behalf the defendant made the disclosure had been directed by An Garda Siochana ordered by a judge of the District Court not to carry out a service.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Defences_Internal_Disclosures\"><\/span>Defences \/Internal Disclosures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is a defence to an alleged offence for an accused to prove that they were acting in a specific capacity listed and that they made the disclosure to another person acting in a similar capacity. It is a defence where a person can prove that the disclosure was made by a credit or financial institution to another such institution situated in an EU State or designated place and both institutions belonged to the same group. It is a defence where the person was a legal or relevant professional adviser at the time of the disclosure.<\/p>\n<p>The defence extends to financial institutions and to branches and majority-owned subsidiaries of credit and financial institutions, and the institutions concerned must be in compliance with the group\u2019s policies and procedures.<\/p>\n<p>It is a defence that the disclosure related to a current or former customer, a transaction or service involving the person and the institution or adviser, and the disclosure was made to prevent money laundering or terrorist financing. The institution or adviser to whom the disclosure was made must also have been situated in a EU State or other countries designated.<\/p>\n<p>Both the institution\/adviser making and receiving the disclosure must have been subject to equivalent duties of professional confidentiality and the protection of personal data.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) ACT<\/h2>\n<p>F84[Chapter 3A<\/p>\n<h4>Financial Intelligence Unit<\/h4>\n<p>]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F84<br \/>\nInserted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 21, S.I. No. 486 of 2018. The chapter heading is taken from the chapter contents in the absence of a heading included in the amendment.<\/p>\n<p>F85[<\/p>\n<h4>State Financial Intelligence Unit<\/h4>\n<p>40A.\u2014 (1) FIU Ireland may carry out, on behalf of the State, all the functions of an EU Financial Intelligence Unit (FIU) under the Fourth Money Laundering F86[Directive and Directive (EU) 2019\/1153].<\/p>\n<p>(2) In this Part &#8220;FIU Ireland&#8221; means those members of the Garda S\u00edoch\u00e1na, or members of the civilian staff of the Garda S\u00edoch\u00e1na, appointed by the Commissioner of the Garda S\u00edoch\u00e1na in that behalf.]<\/p>\n<p>F87[(3) In this Chapter the following have the same meaning as they have in Directive (EU) 2019\/1153:<\/p>\n<p>(a) associate predicate offences;<\/p>\n<p>(b) financial analysis;<\/p>\n<p>(c) financial information;<\/p>\n<p>(d) serious criminal offences.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F85<br \/>\nInserted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 21, S.I. No. 486 of 2018.<\/p>\n<p>F86<br \/>\nSubstituted (2.02.2023) by European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 (S.I. No. 22 of 2023), reg. 9(a).<\/p>\n<p>F87<br \/>\nInserted (2.02.2023) by European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 (S.I. No. 22 of 2023), reg. 9(b).<\/p>\n<p>F88<br \/>\nSubstituted by Policing, Security and Community Safety Act 2024 (1\/2024), s. 283, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C9<br \/>\nProspective affecting provision: subs. (2) amended by Policing, Security and Community Safety Act 2024 (1\/2024), s. 283, not commenced as of date of revision.<\/p>\n<p>(2) In this Part &#8220;FIU Ireland&#8221; means those members of the F88[members of garda staff (within the meaning of the Policing, Security and Community Safety Act 2024)] appointed by the Commissioner of the Garda S\u00edoch\u00e1na.<\/p>\n<p>F89[<\/p>\n<h4>Powers of FIU Ireland to receive and analyse information<\/h4>\n<p>40B.\u2014 (1) FIU Ireland shall be responsible for receiving and analysing suspicious transaction reports and other information relevant to money laundering or terrorist financing for the purpose of preventing, detecting and investigating possible money laundering or terrorist financing.<\/p>\n<p>(2) FIU Ireland\u2019s analysis function shall consist of conducting\u2014<\/p>\n<p>(a) an operational analysis which focuses on individual cases and specific targets or on appropriate selected information depending on the type and volume of the disclosures received and the expected use of the information after dissemination, and<\/p>\n<p>(b) a strategic analysis addressing money laundering and terrorist financing trends and patterns.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F89<br \/>\nInserted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 21, S.I. No. 486 of 2018.<\/p>\n<p>F90[<\/p>\n<h4>Powers of certain members of FIU Ireland to obtain information<\/h4>\n<p>40C.\u2014 (1) A member of the Garda S\u00edoch\u00e1na who is a member of FIU Ireland shall have access to the central registers established by the State for the purposes of paragraph (3) of Article 30 and paragraph (4) of Article 31 of the Fourth Money Laundering Directive.<\/p>\n<p>(2) A member of the Garda S\u00edoch\u00e1na who is a member of FIU Ireland may, for the purposes of preventing, detecting, investigating or combating money laundering or terrorist financing request any person to provide FIU Ireland with information held by that person under any enactment giving effect to paragraph (1) of Article 30 or paragraph (1) of Article 31 of the Fourth Money Laundering Directive.<\/p>\n<p>(3) A member of the Garda S\u00edoch\u00e1na who is a member of FIU Ireland may make a request in writing for any financial, administrative or law enforcement information that FIU Ireland requires in order to carry out its functions from any of the following:<\/p>\n<p>(a) a designated person;<\/p>\n<p>(b) a competent authority;<\/p>\n<p>(c) the Revenue Commissioners;<\/p>\n<p>(d) the Minister for Employment Affairs and Social Protection.<\/p>\n<p>(4) A designated person who, without reasonable excuse, fails to comply with a request for information under subsection (2) or (3) commits an offence and is liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months (or both), or<\/p>\n<p>(b) on conviction on indictment to a fine not exceeding \u20ac500,000 or imprisonment not exceeding 3 years (or both).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F90<br \/>\nInserted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 21, S.I. No. 486 of 2018. 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>F91[<\/p>\n<h4>Requests by FIU Ireland to Article 3(2) authorities<\/h4>\n<p>40CA.\u2014 (1) An Article 3(2) authority shall reply, in a timely manner, to reasoned and necessary requests by a member of the Garda S\u00edoch\u00e1na who is appointed to FIU Ireland, made on a case-by-case basis, for law enforcement information, where the information is necessary for the prevention, detection and combating of money laundering, associate predicate offences and terrorist financing.<\/p>\n<p>(2) In this section\u2014<\/p>\n<p>&#8220;law enforcement information&#8221; has the same meaning as it has in Directive (EU) 2019\/1153;<\/p>\n<p>&#8220;terrorist financing&#8221; has the same meaning as it has in Directive (EU) 2019\/1153.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F91<br \/>\nInserted (2.02.2023) by European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 (S.I. No. 22 of 2023), reg. 10.<\/p>\n<p>F92[<\/p>\n<h4>Power of FIU Ireland to respond to requests for information from competent authorities<\/h4>\n<p>40D.\u2014 (1) FIU Ireland shall respond as soon as practicable to any request for information which is based on a concern relating to money laundering or terrorist financing that it receives from\u2014<\/p>\n<p>(a) a competent authority,<\/p>\n<p>(b) the Revenue Commissioners, or<\/p>\n<p>(c) the Minister for Employment Affairs and Social Protection.<\/p>\n<p>(2) FIU Ireland may provide the results of its analyses and any additional relevant information to a person mentioned in subsection (1) where there are grounds to suspect money laundering or terrorist financing.<\/p>\n<p>(3) FIU Ireland shall be under no obligation to comply with the request for information where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F92<br \/>\nInserted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 21, S.I. No. 486 of 2018.<\/p>\n<p>F93[<\/p>\n<h4>Requests by Article 3(2) authorities to FIU Ireland<\/h4>\n<p>40DA.\u2014 (1) Subject to subsection (2), FIU Ireland shall cooperate with the Article 3(2) authorities and shall reply, in a timely manner, to reasoned and necessary requests by those authorities, made on a case-by-case basis, for financial information or financial analysis, where the requests are motivated by concerns relating to the prevention, detection, investigation or prosecution of serious criminal offences.<\/p>\n<p>(2) FIU Ireland shall not be obliged to comply with requests referred to in subsection (1) \u2013<\/p>\n<p>(a) where, in the opinion of FIU Ireland, there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or<\/p>\n<p>(b) in exceptional circumstances, where, in the opinion of FIU Ireland, disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person, or irrelevant with regard to the purposes for which it has been requested.<\/p>\n<p>(3) The financial information or financial analysis obtained by an Article 3(2) authority as a result of a request referred to in subsection (1) may only be used for a purpose other than the purpose of the request where FIU Ireland has given its prior consent.<\/p>\n<p>(4) Where FIU Ireland refuses to accede to a request referred to in subsection (1), it shall provide an appropriate explanation for the refusal to the Article 3(2) authority concerned.<\/p>\n<p>(5) The Article 3(2) authorities may process the financial information and financial analysis received from FIU Ireland for the specific purposes of preventing, detecting, investigating or prosecuting serious criminal offences.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F93<br \/>\nInserted (2.02.2023) by European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 (S.I. No. 22 of 2023), reg. 11.<\/p>\n<p>F94[<\/p>\n<h4>Power of FIU Ireland to share information<\/h4>\n<p>40E.\u2014 (1) FIU Ireland may share information with other Financial Intelligence Units (FIUs), in accordance with subsection III of Section 3 of Chapter VI of F95[the Fourth Money Laundering Directive (as amended by the Fifth Money Laundering Directive)].<\/p>\n<p>(2) FIU Ireland may provide any information obtained by it\u2014<\/p>\n<p>(a) from a central register referred to in section 40C(1), or<\/p>\n<p>(b) following a request under subsection (2) or (3) of section 40C,<\/p>\n<p>to a competent authority or to another FIU.]<\/p>\n<p>F96[(3) FIU Ireland may provide any information obtained by it from the Central Mechanism (within the meaning of the European Union (Anti-Money Laundering: Central Mechanism for Information on Safe-Deposit Boxes and Bank and Payment Accounts) Regulations 2022 (S.I. No. 46 of 2022)) to another FIU.]<\/p>\n<p>F97[(4) Without prejudice to subsection (1), in exceptional and urgent cases and insofar as is practicable in a prompt manner, FIU Ireland may exchange with other FIUs financial information or financial analysis that may be relevant for the processing or analysis of information related to terrorism or organised crime associated with terrorism.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F94<br \/>\nInserted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 21, S.I. No. 486 of 2018.<\/p>\n<p>F95<br \/>\nSubstituted (3.02.2022) by European Union (Anti-Money Laundering: Central Mechanism for Information on Safe-Deposit Boxes and Bank and Payment Accounts) Regulations 2022 (S.I. No. 46 of 2022), reg. 8(a).<\/p>\n<p>F96<br \/>\nInserted (3.02.2022) by European Union (Anti-Money Laundering: Central Mechanism for Information on Safe-Deposit Boxes and Bank and Payment Accounts) Regulations 2022 (S.I. No. 46 of 2022), reg. 8(b).<\/p>\n<p>F97<br \/>\nInserted (2.02.2023) by European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 (S.I. No. 22 of 2023), reg. 12.<\/p>\n<p>F98[<\/p>\n<h4>Exchange of financial information or financial analysis<\/h4>\n<p>40F.\u2014 (1) An Article 3(2) authority may share financial information or financial analysis obtained from FIU Ireland, upon request and on a case-by-case basis, with an authority in another Member State that has been designated by that Member State under Article 3(2) of Directive (EU) 2019\/1153, where that financial information or financial analysis is necessary for the prevention, detection and combating of money laundering, associate predicate offences and terrorist financing.<\/p>\n<p>(2) Any \u2013<\/p>\n<p>(a) dissemination of financial information or financial analysis obtained by an Article 3(2) authority from FIU Ireland to any other authority, agency or department, or<\/p>\n<p>(b) use of that information or analysis for purposes other than those for which the information was originally provided by FIU Ireland,<\/p>\n<p>shall be subject to the prior consent of FIU Ireland.<\/p>\n<p>(3) An Article 3(2) authority may request from an authority in another Member State that has been designated by that Member State under Article 3(2) of Directive (EU) 2019\/1153, on a case-by-case basis, financial information or financial analysis that was obtained from the Financial Intelligence Unit in that Member State, where the financial information or financial analysis is necessary for the prevention, detection and combating of money laundering, associate predicate offences and terrorist financing.<\/p>\n<p>(4) An Article 3(2) authority that receives financial information or financial analysis pursuant to a request under subsection (3) shall use that information or analysis only for the purpose for which it was sought or provided.<\/p>\n<p>(5) FIU Ireland and Article 3(2) authorities shall ensure that financial information and financial analysis requested or shared under this section shall be transmitted using dedicated secure electronic communications ensuring a high level of data security.<\/p>\n<p>(6) In this section &#8220;terrorist financing&#8221; has the same meaning as it has in Directive (EU) 2019\/1153.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F98<br \/>\nInserted (2.02.2023) by European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 (S.I. No. 22 of 2023), reg. 13.<\/p>\n<p>F99[<\/p>\n<h4>Exchange of information between Europol and FIU Ireland<\/h4>\n<p>40G.\u2014 (1) FIU Ireland may reply to Europol to duly justified requests related to financial information and financial analysis made by Europol on a case-by-case basis within the limits of Europol\u2019s responsibilities and for the performance of Europol\u2019s tasks.<\/p>\n<p>(2) FIU Ireland shall be under no obligation to comply with a request referred to in subsection (1) where there are objective grounds for assuming that the provision of the financial information and financial analysis to which the request relates would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information and analysis would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested.<\/p>\n<p>(3) FIU Ireland shall be under no obligation to comply with a request referred to in subsection (1) where to do so would \u2014<\/p>\n<p>(a) be contrary to the essential interests of the security of the State,<\/p>\n<p>(b) jeopardise the success of an ongoing investigation or the safety of an individual, or<\/p>\n<p>(c) disclose information relating to organisations or specific intelligence activities in the field of national security, but FIU Ireland shall comply with the request as soon as the financial information or financial analysis in question ceases to fall within the scope of paragraphs (a), (b) or (c).<\/p>\n<p>(4) FIU Ireland shall \u2013<\/p>\n<p>(a) provide an appropriate explanation to Europol for any failure to comply with a request made under subsection (1),<\/p>\n<p>(b) ensure that requests under subsection (1) are dealt with in a timely manner, and in any event no later than requests from FIUs (as referred to in section 40A(1)) in other Member States, and<\/p>\n<p>(c) ensure that replies to requests under subsection (1) are made in accordance with Regulation (EU) 2016\/794 electronically through \u2014<\/p>\n<p>(i) the information exchange network commonly known as SIENA, or its successor, in the language applicable to SIENA, or<\/p>\n<p>(ii) where applicable, to the computer network commonly known as FIU.net, or its successor.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F99<br \/>\nInserted (2.02.2023) by European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 (S.I. No. 22 of 2023), reg. 13.<\/p>\n<p>F100[<\/p>\n<h4>Processing of certain special categories of personal data<\/h4>\n<p>40H.\u2014 (1) Article 3(2) authorities and FIU Ireland shall, in respect of information exchanged pursuant to section 40CA, section 40DA, section 40E(4), section 40F and section 40G, ensure that only staff who have been specifically trained and specifically authorised may process the following special categories of personal data under the guidance of a data protection officer:<\/p>\n<p>(a) personal data revealing \u2014<\/p>\n<p>(i) the racial or ethnic origin of the data subject,<\/p>\n<p>(ii) the political opinions or the religious or philosophical beliefs of the data subject, or<\/p>\n<p>(iii) whether the data subject is a member of a trade union;<\/p>\n<p>(b) data concerning health;<\/p>\n<p>(c) personal data concerning an individual\u2019s sex life or sexual orientation.<\/p>\n<p>(2) In this section the following expressions shall have the meaning that they have in section 69 of the Data Protection Act 2018:<\/p>\n<p>&#8220;data subject&#8221;;<\/p>\n<p>&#8220;personal data&#8221;;<\/p>\n<p>&#8220;processing&#8221;;<\/p>\n<p>&#8220;special categories of personal data&#8221;.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F100<br \/>\nInserted (2.02.2023) by European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 (S.I. No. 22 of 2023), reg. 13.<\/p>\n<p>F101[<\/p>\n<h4>Records of certain information requests<\/h4>\n<p>40I.\u2014 (1) Article 3(2) authorities and FIU Ireland shall keep records of requests made and received under section 40CA, section 40DA, section 40E(4), section 40F and section 40G.<\/p>\n<p>(2) The records made shall include &#8211;<\/p>\n<p>(a) the name and contact details of the organisation and of the staff member requesting the information and, as far as possible, of the recipient of the results of the query or search,<\/p>\n<p>(b) the reference to the national case in relation to which the information is requested,<\/p>\n<p>(c) the subject matter of the requests, and<\/p>\n<p>(d) any executing measures of such requests.<\/p>\n<p>(3) The records shall be \u2013<\/p>\n<p>(a) kept for a period of five years after their creation, and<\/p>\n<p>(b) used solely for the purpose of checking the lawfulness of the processing of personal data.<\/p>\n<p>(4) Article 3(2) authorities and FIU Ireland shall make all records available to the Data Protection Commission upon its request.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F101<br \/>\nInserted (2.02.2023) by European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 (S.I. No. 22 of 2013), reg. 13.<\/p>\n<p>Chapter 4<\/p>\n<h4>Reporting of suspicious transactions and of transactions involving certain places<\/h4>\n<h4>Interpretation (Chapter 4).<\/h4>\n<p>41.\u2014 In this Chapter, a reference to a designated person includes a reference to any person acting, or purporting to act, on behalf of the designated person, including any agent, employee, partner, director or other officer of, or any person engaged under a contract for services with, the designated person.<\/p>\n<p>Requirement for designated persons and related persons to report suspicious transactions.<\/p>\n<p>42.\u2014 (1) A designated person who knows, suspects or has reasonable grounds to suspect, on the basis of information obtained in the course of carrying on business as a designated person, that another person has been or is engaged in an offence of money laundering or terrorist financing shall report to F102[FIU Ireland] and the Revenue Commissioners that knowledge or suspicion or those reasonable grounds.<\/p>\n<p>(2) The designated person shall make the report as soon as practicable after acquiring that knowledge or forming that suspicion, or acquiring those reasonable grounds to suspect, that the other person has been or is engaged in money laundering or terrorist financing.<\/p>\n<p>(3) For the purposes of subsections (1) and (2), a designated person is taken not to have reasonable grounds to know or suspect that another person commits an offence on the basis of having received information until the person has scrutinised the information in the course of reasonable business practice (including automated banking transactions).<\/p>\n<p>(4) For the purposes of subsections (1) and (2), a designated person may have reasonable grounds to suspect that another person has been or is engaged in an offence of money laundering or terrorist financing if the designated person is unable to apply any measures specified in section 33(2) or (4), 35(1) or 37(1), (3), (4) or (6), in relation to a customer, as a result of any failure on the part of the customer to provide the designated person with documents or information.<\/p>\n<p>(5) Nothing in subsection (4) limits the circumstances in which a designated person may have reasonable grounds, on the basis of information obtained in the course of carrying out business as a designated person, to suspect that another person has committed an offence of money laundering or terrorist financing.<\/p>\n<p>(6) A designated person who is required to report under this section shall disclose the following information in the report:<\/p>\n<p>(a) the information on which the designated person\u2019s knowledge, suspicion or reasonable grounds are based;<\/p>\n<p>(b) the identity, if the designated person knows it, of the person who the designated person knows, suspects or has reasonable grounds to suspect has been or is engaged in an offence of money laundering or terrorist financing;<\/p>\n<p>(c) the whereabouts, if the designated person knows them, of the property the subject of the money laundering, or the funds the subject of the terrorist financing, as the case may be;<\/p>\n<p>(d) any other relevant information.<\/p>\n<p>F103[(6A) A designated person who is required to make a report under this section shall respond to any request for additional information by FIU Ireland or the Revenue Commissioners as soon as practicable after receiving the request and shall take all reasonable steps to provide any information specified in the request.]<\/p>\n<p>(7) A designated person who is required to make a report under this section shall not proceed with any suspicious transaction or service connected with the report, or with a transaction or service the subject of the report, prior to the sending of the report to F102[FIU Ireland] and the Revenue Commissioners unless\u2014<\/p>\n<p>(a) it is not practicable to delay or stop the transaction or service from proceeding, or<\/p>\n<p>(b) the designated person is of the reasonable opinion that failure to proceed with the transaction or service may result in the other person suspecting that a report may be (or may have been) made or that an investigation may be commenced or in the course of being conducted.<\/p>\n<p>(8) Nothing in subsection (7) authorises a designated person to proceed with a service or transaction if the person has been directed or ordered not to proceed with the service or transaction under section 17 and the direction or order is in force.<\/p>\n<p>(9) Except as provided by section 46, a person who fails to comply with this section commits an offence and is liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u20ac5,000 or imprisonment for a term not exceeding 12 months (or both), or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years (or both).<\/p>\n<p>(10) A reference in subsection (7) to a suspicious transaction or service is a reference to a transaction or service that there are reasonable grounds for suspecting would, if it were to proceed\u2014<\/p>\n<p>(a) comprise money laundering or terrorist financing, or<\/p>\n<p>(b) assist in money laundering or terrorist financing.<\/p>\n<p>F104[(11) FIU Ireland shall, where practicable, provide timely feedback to a designated person who is required to make a report under this section on the effectiveness of and follow-up to reports made to it under this section.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F102<br \/>\nSubstituted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 22(a), (b), S.I. No. 486 of 2018.<\/p>\n<p>F103<br \/>\nInserted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 22(c), S.I. No. 486 of 2018.<\/p>\n<p>F104<br \/>\nInserted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3\/2021), s. 14, S.I. No. 188 of 2021.<\/p>\n<p>Requirement for designated persons to report transactions connected with places designated under section 32.<\/p>\n<p>43.\u2014 F105[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F105<br \/>\nRepealed (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 40(b), S.I. No. 486 of 2018.<\/p>\n<h4>Defence \u2014 internal reporting procedures.<\/h4>\n<p>44.\u2014 (1) Without prejudice to the way in which a report may be made under section 42 F106[\u2026], such a report may be made in accordance with an internal reporting procedure established by an employer for the purpose of facilitating the operation of the section concerned.<\/p>\n<p>(2) It is a defence for a person charged with an offence under section 42 F106[\u2026] to prove that the person was, at the time of the purported offence, an employee who made a report under that section, in accordance with such an internal reporting procedure, to another person.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F106<br \/>\nDeleted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 23, S.I. No. 486 of 2018.<\/p>\n<h4>Use of reported and other information in investigations.<\/h4>\n<p>45.\u2014 (1) Information included in a report under this Chapter may be used in an investigation into money laundering or terrorist financing or any other offence.<\/p>\n<p>(2) Nothing in this section limits the information that may be used in an investigation into any offence.<\/p>\n<h4>Disclosure not required in certain circumstances.<\/h4>\n<p>46.\u2014 (1) Nothing in this Chapter requires the disclosure of information that is subject to legal privilege.<\/p>\n<p>(2) Nothing in this Chapter requires a relevant professional adviser to disclose information that he or she has received from or obtained in relation to a client in the course of ascertaining the legal position of the client.<\/p>\n<p>(3) Subsection (2) does not apply to information received from or obtained in relation to a client with the intention of furthering a criminal purpose.<\/p>\n<h4>Disclosure not to be treated as breach.<\/h4>\n<p>47.\u2014 The disclosure of information by a person in accordance with this Chapter shall not be treated, for any purpose, as a breach of any restriction imposed by any other enactment or rule of law on disclosure by the person or any other person on whose behalf the disclosure is made.<\/p>\n<p>Chapter 5<\/p>\n<h4>Tipping off by designated persons<\/h4>\n<h4>Interpretation (Chapter 5).<\/h4>\n<p>48.\u2014 In this Chapter, \u201clegal adviser\u201d means a barrister or solicitor.<\/p>\n<h4>Tipping off.<\/h4>\n<p>49.\u2014 (1) A designated person who knows or suspects, on the basis of information obtained in the course of carrying on business as a designated person, that a report has been, or is required to be, made under Chapter 4 shall not make any disclosure that is likely to prejudice an investigation that may be conducted following the making of the report under that Chapter.<\/p>\n<p>(2) A designated person who knows or suspects, on the basis of information obtained by the person in the course of carrying on business as a designated person, that an investigation is being contemplated or is being carried out into whether an offence of money laundering or terrorist financing has been committed, shall not make any disclosure that is likely to prejudice the investigation.<\/p>\n<p>(3) A person who fails to comply with this section commits an offence and is liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u20ac5,000 or imprisonment for a term not exceeding 12 months (or both), or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years (or both).<\/p>\n<p>(4) In this section, a reference to a designated person includes a reference to any person acting, or purporting to act, on behalf of the designated person, including any agent, employee, partner, director or other officer of, or any person engaged under a contract for services with, the designated person.<\/p>\n<h4>Defence \u2014 disclosure to customer in case of direction or order to suspend service or transaction.<\/h4>\n<p>50.\u2014 It is a defence in any proceedings against a person (\u201cthe defendant\u201d) for an offence under section 49, in relation to a disclosure, for the defendant to prove that\u2014<\/p>\n<p>(a) the disclosure was to a person who, at the time of the disclosure, was a customer of the defendant or of a designated person on whose behalf the defendant made the disclosure,<\/p>\n<p>(b) the defendant, or the designated person on whose behalf the defendant made the disclosure, was directed or ordered under section 17 not to carry out any specified service or transaction in respect of the customer, and<\/p>\n<p>(c) the disclosure was solely to the effect that the defendant, or a designated person on whose behalf the defendant made the disclosure, had been directed by a member of the Garda S\u00edoch\u00e1na, or ordered by a judge of the District Court, under section 17 not to carry out the service or transaction for the period specified in the direction or order.<\/p>\n<h4>Defences \u2014 disclosures within undertaking or group.<\/h4>\n<p>51.\u2014 (1) It is a defence in any proceedings against an individual for an offence under section 49, in relation to a disclosure, for the individual to prove that, at the time of the disclosure\u2014<\/p>\n<p>(a) he or she was an agent, employee, partner, director or other officer of, or was engaged under a contract for services by, an undertaking, and<\/p>\n<p>(b) he or she made the disclosure to an agent, employee, partner, director or other officer of, or a person engaged under a contract for services by, the same undertaking.<\/p>\n<p>F107[(2) It is a defence in any proceedings against a person for an offence under section 49, in relation to a disclosure, for the person to prove that, at the time of the disclosure\u2014<\/p>\n<p>(a) the person was a credit institution or financial institution or a majority-owned subsidiary, or a branch, of a credit institution or financial institution, or made the disclosure on behalf of a credit institution or a financial institution or a majority-owned subsidiary, or a branch, of a credit institution or financial institution, and<\/p>\n<p>(b) the disclosure was to\u2014<\/p>\n<p>(i) a credit institution or financial institution incorporated in a Member State, where both the institution making the disclosure, or on whose behalf the disclosure was made, and the institution to which it was made belonged to the same group, or<\/p>\n<p>(ii) a majority-owned subsidiary or branch situated in a third country of a credit institution or financial institution incorporated in a Member State, where the subsidiary or branch was in compliance with group-wide policies and procedures adopted in accordance with section 54, or, as the case may be, Article 45 of the Fourth Money Laundering Directive.]<\/p>\n<p>(3) It is a defence in any proceedings against a person for an offence under section 49, in relation to a disclosure, for the person to prove that, at the time of the disclosure\u2014<\/p>\n<p>(a) the person was a legal adviser or relevant professional adviser,<\/p>\n<p>(b) both the person making the disclosure and the person to whom it was made carried on business in a Member State F108[or in a country other than a high-risk third country], and<\/p>\n<p>(c) those persons performed their professional activities within different undertakings that shared common ownership, management or control.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F107<br \/>\nSubstituted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3\/2021), s. 15, S.I. No. 188 of 2021.<\/p>\n<p>F108<br \/>\nSubstituted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 24(b), S.I. No. 486 of 2018.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E25<br \/>\nPrevious affecting provision: subss. (2) substituted by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 24(a), S.I. No. 486 of 2018; substituted as per F-note above.<\/p>\n<h4>Defences \u2014 other disclosures between institutions or professionals.<\/h4>\n<p>52.\u2014 (1) This section applies to a disclosure\u2014<\/p>\n<p>(a) by or on behalf of a credit institution to another credit institution,<\/p>\n<p>(b) by or on behalf of a financial institution to another financial institution,<\/p>\n<p>(c) by or on behalf of a legal adviser to another legal adviser, or<\/p>\n<p>(d) by or on behalf of a relevant professional adviser of a particular kind to another relevant professional adviser of the same kind.<\/p>\n<p>(2) It is a defence in any proceedings against a person for an offence under section 49, in relation to a disclosure to which this section applies, for the person to prove that, at the time of the disclosure\u2014<\/p>\n<p>(a) the disclosure related to\u2014<\/p>\n<p>(i) a customer or former customer of the person (or an institution or adviser on whose behalf the person made the disclosure) and the institution or adviser to which or whom it was made, or<\/p>\n<p>(ii) a transaction, or the provision of a service, involving both the person (or an institution or adviser on whose behalf the person made the disclosure) and the institution or adviser to which or whom it was made,<\/p>\n<p>(b) the disclosure was only for the purpose of preventing money laundering or terrorist financing,<\/p>\n<p>(c) the institution or adviser to which or whom the disclosure was made was situated in a Member State or in F109[a country other than a high-risk third country], and<\/p>\n<p>(d) the institution or adviser making the disclosure, or on whose behalf the disclosure was made, and the institution or adviser to which or whom it was made were subject to equivalent duties of professional confidentiality and the protection of personal data F110[\u2026].<\/p>\n<p>(3) A reference in this section to a customer of an adviser includes, in the case of an adviser who is a barrister, a reference to a person who is a client of a solicitor who has sought advice from the barrister for or on behalf of the client.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F109<br \/>\nSubstituted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26\/2018), s. 25, S.I. No. 486 of 2018.<\/p>\n<p>F110<br \/>\nDeleted (25.05.2018) by Data Protection Act 2018 (7\/2018), s. 213(b), S.I. No. 174 of 2018.<\/p>\n<h4>Defences \u2014 other disclosures.<\/h4>\n<p>53.\u2014 (1) It is a defence in any proceedings against a person for an offence under section 49, in relation to a disclosure, for the person to prove that\u2014<\/p>\n<p>(a) the disclosure was to the authority that, at the time of the disclosure, was the competent authority responsible for monitoring that person, or for monitoring the person on whose behalf the disclosure was made, under this Part,<\/p>\n<p>(b) the disclosure was for the purpose of the detection, investigation or prosecution of an offence (whether or not in the State), or<\/p>\n<p>(c) the person did not know or suspect, at the time of the disclosure, that the disclosure was likely to have the effect of prejudicing an investigation into whether an offence of money laundering or terrorist financing had been committed.<\/p>\n<p>(2) It is a defence in any proceedings against a person for an offence under section 49, in relation to a disclosure, for the person to prove that\u2014<\/p>\n<p>(a) at the time of the disclosure, the person was a legal adviser or relevant professional adviser,<\/p>\n<p>(b) the disclosure was to the person\u2019s client and solely to the effect that the person would no longer provide the particular service concerned to the client,<\/p>\n<p>(c) the person no longer provided the particular service after so informing the client, and<\/p>\n<p>(d) the person made any report required in relation to the client in accordance with Chapter 4.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-20078\" data-postid=\"20078\" class=\"themify_builder_content themify_builder_content-20078 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>FIU The \u00a0Financial Intelligence Unit (FIU) is part of the Garda S\u00edoch\u00e1na. The FIU is responsible for receiving and analysing suspicious transaction reports. It may access the beneficial ownership registers and request information from designated businesses, competent authorities, the Revenue Commissioners and the Minister for Employment Affairs and Social Protection in order to carry out [&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\/20078"}],"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=20078"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20078\/revisions"}],"predecessor-version":[{"id":34091,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20078\/revisions\/34091"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=20078"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=20078"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=20078"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}