S.I. No. 272/2022 - Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 109B) (Certificate of Fitness) Regulations 2022

1. The data provided in this form is collected by the Anti-Money Laundering Compliance Unit (AMLCU), a Division of the Department of Justice (DoJ). The data controller for the provided information is the Department of Justice. The data controller’s contact details are

Anti-Money Laundering Compliance Unit (AMLCU),

Department of Justice,

51 St. Stephen’s Green,

Dublin 2, D02 HK52.

Email

antimoneylaundering@justice.ie

How will your personal data be used?

2. We may use the personal data you provide in this form for the following purpose(s)

• To make a determination on an applicant’s fitness and probity under sections 109A, 109B, 109C, 109D and 109E of the

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

, as amended;

• To register details of persons effectively directing Private Members’ Clubs under section 109 of the Act;

• To place a list of registered Private Members’ Clubs on the AMLCU’s website;

• To contact a registered Private Members’ Club with regard to obligations provided for in the

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

, as amended;

• To report suspicions of money laundering or terrorist financing to An Garda Síochána (AGS) and the Revenue Commissioners;

• To use information provided in applications for statistical reporting on an anonymised basis.

Legal Basis for processing your Personal Data

3. Our legal basis for collecting and processing this data is as follows

• sections 109, 109A, 109B, 109C, 109D, and 109E of the

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

, as amended.

Security of Personal Data

4. The personal data provided here will be stored securely on DoJ IT servers. It

may be shared

, where appropriate, with any of the following third parties

• An Garda Síochána,

• The Revenue Commissioners and/or

• Companies Registration Office.

Contact for Queries

5. The contact for any queries in relation to this form may be sent via letter addressed to Anti-Money Laundering Compliance Unit, Department of Justice, 51 St. Stephen’s Green, Dublin 2, D02 HK52 or via the following email address: antimoneylaundering@justice.ie

How long will Personal Data be retained?

6. This data will be retained by the Department of Justice for a period of 30 years in accordance with our retention schedule and referred thereafter to the Director of National Archives for appraisal under the

National Archives Act 1986

.

How to Request a copy of your Personal Data

7. You can request a copy of the personal data by completing a Subject Access Request (SAR) form, available

• at http://www.justice.ie/en/JELR/Pages/Data_Protection or

• from the Department Protection Support or Compliance Office (DPSCO) at the address below.

Forward the completed form by email to subjectaccessrequests@justice.ie or by post to the Department of Justice Data Protection Officer (DPO) at the address below. You will be required to verify your identity before the data can be forwarded to you. The time limit for responding to a SAR commences once your identity has been verified.

Your Rights in relation to your Personal Data

8. You have the right to rectify any inaccuracies in your data. To do this you should write to Anti-Money Laundering Compliance Unit, Department of Justice, 51 St. Stephen’s Green, Dublin 2, D02 HK52, email address antimoneylaundering@justice.ie documenting the inaccuracies, which need to be rectified. The right to rectification is not absolute and each request will be considered on its own merits.

9. You have the right, where appropriate, to obtain erasure of your data and/or a restriction on processing of your data as well as the right to object to the processing of your data. The right to erasure, restriction and/or objection is not absolute and each request will be considered on its own merits.

10. You have the right to lodge a complaint with the Data Protection Commission (DPC). You can contact the DPC by webforms on their website www.dataprotection.ie or by post to

21 Fitzwilliam Square South

Dublin 2

D02 RD28

Further details in relation to your data protection rights can be found in the Department of Justice Data Protection Policy available at http://www.justice.ie/en/JELR/Pages/Data_Protection

Contact the DPO

You can contact the Data Protection Officer for the Department of Justice

by post at

The Data Protection Officer,

Department of Justice,

51 St. Stephen’s Green,

Dublin 2, D02 HK52.

or

by email

dataprotectioncompliance@justice.ie

Completed application forms should be returned to

Anti-Money Laundering Compliance Unit,

Department of Justice,

St. Stephen’s Green,

Dublin 2, DO2 HK52.

Schedule 4

Certificate of Fitness and Probity in accordance with section 109B of the

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

as amended.

Name

__________________________________________

Name of Private Members Club

______________________________

Valid from

___________

to

____________

Issued by (please print name)

________________________

Signature

___________________________

Date

_______________________________

Position

____________________________

Official Stamp

Once complete, a copy of this certificate should be sent by the applicant to the Anti-Money Laundering Compliance Unit in the Department of Justice for the purposes of registering the designated person with the Minister for Justice under

section 109

of the

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

as amended.

Anti-Money Laundering Compliance Unit,

Department of Justice,

St. Stephen’s Green,

Dublin 2, DO2 HK52.

Web

www.amlcompliance.ie

Email

antimoneylaundering@justice.ie

GIVEN under my Official Seal,

1 June, 2022.

HELEN MCENTEE,

Minister for Justice.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

7

th June,

2022.

I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by

sections 3

(1) and 109B (as inserted by

section 35

of the

Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018

(No. 26 of 2018)) of the

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

(No. 6 of 2010) (as adapted by the Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 (

S.I. No. 452 of 2020

)) and having consulted with the Minister for Finance, hereby make the following regulations