S.I. No. 242/2003 - Criminal Justice Act 1994 (Section 32) Regulations 2003

1. Any person in the State who practises as -

(a) an accountant on his or her own account,

(b) an auctioneer,

(c) an auditor,

(d) an estate agent,

(e) a tax advisor,

2. any person in the State who practises as a solicitor, when participating in any of the activities set out in Article 2a(5) of the Directive,

3. any person who provides money remittance services,

4. administration companies providing services to collective investment schemes,

5. an investment business firm,

6. a trustee or custodian of a collective investment scheme where it is regulated in the State,

7. a dealer in high-value goods, including precious stones, precious metals and works of art where payment is made in cash for a sum of €15,000 or more,

8. casinos.

GIVEN under my Official Seal,

this 10th day of June, 2003.

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

(This note is not a part of the Regulation and does not purport to be a legal interpretation)

These Regulations prescribe certain bodies, as specified in Council Directive 2001/97/EC on prevention of the use of the financial system for money laundering, to be designated bodies for the purposes of

section 32

of the

Criminal Justice Act 1994

. At the request of the Central Bank, two additional categories - any person who provides money remittance services, and administration companies providing services to collective investment schemes - have been included.

Following consultation with the European Commission, designation of casinos has been included in the Regulations, even though they are illegal in this jurisdiction, in order to comply fully with the terms of the Directive.

1

O.J. No. L. 344, 28.12.01, p. 76

2

O.J. No. L. 166, 28.06.91, p. 77

I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 32 (10)(a) and section 32(10A) (inserted by

section 2

of the

Disclosure of Certain Information for Taxation and Other Purposes Act 1996

(No. 25 of 1996)) of the

Criminal Justice Act 1994

(No. 15 of 1994) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 (

S.I. No. 298 of 1997

)) and for the purpose of giving effect to Article 2a and the second indent of Article 6(3 (inserted by Articles 2 and 5, respectively, of Directive No. 2001/97/EC of the European Parliament and of the Council of 4 December 2001

1

) of Council Directive No. 91/308/EEC of 10 June 1991

2

, following consultation with the Minister for Finance, hereby make the following regulations