IE
(LRC Revised)
Statutory Text (1 Articles)
Number 6 of 2010
CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) ACT 2010
REVISED
Updated to 1 August 2025
Changes to legislation
as of 10 July 2026, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries
here
. Note that some amendments may not be in force until commenced by a commencement order or other provision.
This Revised Act is an administrative consolidation of the
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Statute Law Revision Act 2025
(10/2025), enacted 23 July 2025, and all statutory instruments up to and
including the
European Union (Information Accompanying Transfers of Funds) Regulations 2025
(S.I. No. 389 of 2025), made 1 August 2025, were considered in the preparation of
this Revised
Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
6
of
2010
CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) ACT 2010
REVISED
Updated to 1 August 2025
ARRANGEMENT OF SECTIONS
PART 1
Preliminary
Section
1. Short title and commencement.
2. Interpretation.
3. Regulations.
4. Repeals and revocations.
5. Expenses.
PART 2
Money Laundering Offences
6. Interpretation (
Part 2
).
7. Money laundering occurring in State.
8. Money laundering outside State in certain circumstances.
9. Attempts, outside State, to commit offence in State.
10. Aiding, abetting, counselling or procuring outside State commission of offence
in State.
11. Presumptions and other matters.
12. Location of proceedings relating to offences committed outside State.
13. Consent of DPP required for proceedings for offences committed outside State.
14. Certificate may be evidence in proceedings under this Part.
15. Double jeopardy.
16. Revenue offence committed outside State.
PART 3
Directions, Orders and Authorisations Relating to Investigations
17. Direction or order not to carry out service or transaction.
18. Notice of direction or order.
19. Revocation of direction or order on application.
20. Order in relation to property subject of direction or order.
21. Cessation of direction or order on cessation of investigation.
22. Suspicious transaction report not to be disclosed.
23. Authorisation to proceed with act that would otherwise comprise money laundering.
PART 4
Provisions Relating to Finance Services Industry, Professional Service Providers and
Others
Chapter 1
Interpretation (Part 4)
24. Definitions.
25. Meaning of “designated person”.
26. Beneficial owner in relation to bodies corporate.
27. Beneficial owner in relation to partnerships.
28. Beneficial owner in relation to trusts.
29. Beneficial owner in relation to estates of deceased persons.
30. Other persons who are beneficial owners.
Chapter 1A
Risk assessment by designated persons
30A. Business risk assessment by designated persons
30B. Application of risk assessment in applying customer due diligence
Chapter 2
Designation of places other than Member States — procedures for detecting money laundering or terrorist financing
31. Designation of places imposing requirements equivalent to Third Money Laundering
Directive.
(Repealed)
32. Designation of places having inadequate procedures for detection of money laundering
or terrorist financing.
(Repealed)
Chapter 3
Customer Due Diligence
33. Identification and verification of customers and beneficial owners.
33A. Electronic money derogation.
34. Exemptions from
section 33
.
(Repealed)
34A. Simplified customer due diligence.
35. Special measures applying to business relationships.
36. Exemption from
section 35(1)
.
(Repealed)
36A. Examination of background and purpose of certain transactions.
37. Enhanced customer due diligence — politically exposed persons.
38. Enhanced customer due diligence — correspondent banking relationships.
38A. Enhanced customer due diligence — high-risk third countries.
39. Designated person’s discretion to apply additional enhanced customer due diligence measures.
40. Reliance on other persons to carry out customer due diligence.
Chapter 3A
Financial Intelligence Unit
40A. State Financial Intelligence Unit.
40B. Powers of FIU Ireland to receive and analyse information.
40C. Powers of certain members of FIU Ireland to obtain information.
40CA. Requests by FIU Ireland to Article 3(2) authorities.
40D. Power of FIU Ireland to respond to requests for information from competent authorities.
40DA. Requests by Article 3(2) authorities to FIU Ireland.
40E. Power of FIU Ireland to share information.
40F. Exchange of financial information or financial analysis.
40G. Exchange of information between Europol and FIU Ireland.
40H. Processing of certain special categories of personal data.
40I. Records of certain information requests.
Chapter 4
Reporting of suspicious transactions and of transactions involving certain places
41. Interpretation (
Chapter 4
).
42. Requirement for designated persons and related persons to report suspicious transactions.
43. Requirement for designated persons to report transactions connected with places
designated under
section 32
.
(Repealed)
44. Defence — internal reporting procedures.
45. Use of reported and other information in investigations.
46. Disclosure not required in certain circumstances.
47. Disclosure not to be treated as breach.
Chapter 5
Tipping off by designated persons
48. Interpretation (
Chapter 5
).
49. Tipping off.
50. Defence — disclosure to customer in case of direction or order to suspend service or transaction.
51. Defences — disclosures within undertaking or group.
52. Defences — other disclosures between institutions or professionals.
53. Defences — other disclosures.
Chapter 6
Internal policies and procedures, training and record keeping
54. Internal policies and procedures and training.
55. Keeping of records by designated persons.
Chapter 7
Special provisions applying to credit and financial institutions
56. Measures for retrieval of information relating to business relationships.
57. Group-wide policies and procedures.
57A. Additional measures where implementation of policies and procedures is not possible.
58. Anonymous accounts.
59. Relationships between credit institutions and shell banks.
Chapter 8
Monitoring of designated persons
60. Meaning of “competent authority”.
61. Agreements between competent authorities where more than one applicable.
62. Meaning of “State competent authority”.
63. General functions of competent authorities.
63A. Supervision
63B. Co-operation with Member State competent authorities.
63C. Supervision by competent authorities.
63D. Duties of competent authorities.
63E. Reporting
breaches to competent authority.
64. Application of other enactments.
65. Annual reporting.
66. Request to bodies to provide names, addresses and other information relating to
designated persons.
67. Direction to furnish information or documents.
68. Direction to provide explanation of documents.
69. Purpose of direction under
section 67
or
68
.
70. Self-incrimination (
sections 67
and
68
).
71. Direction to designated person to comply with obligations under this Part.
72. Appointment of authorised officers.
73. Warrant of appointment.
74. Powers may only be exercised for assisting State competent authority.
75. General power of authorised officers to enter premises.
76. Entry into residential premises only with permission or warrant.
77. Power of authorised officers to do things at premises.
78. Entry to premises and doing of things under warrant.
79. Authorised officer may be accompanied by others.
80. Offence to obstruct, interfere or fail to comply with request.
81. Self-incrimination — questions of authorised officers.
82. Production of documents or information not required in certain circumstances.
83. Disclosure or production not to be treated as breach or to affect lien.
Chapter 9
Authorisation of Trust or Company Service Providers
84. Interpretation (
Chapter 9
).
85. Meaning of “fit and proper person”.
86. Authorisations held by partnerships.
87. Prohibition on carrying on business of trust or company service provider without
authorisation.
88. Application for authorisation.
89. Grant and refusal of applications for authorisation.
90. Minister may impose conditions when granting an application for an authorisation.
91. Terms of authorisation.
92. Renewal of authorisation.
93. Minister may amend authorisation.
94. Offence to fail to comply with conditions or prescribed requirements.
95. Holder of authorisation to ensure that principal officers and beneficial owners
are fit and proper persons.
96. Revocation of authorisation by Minister on application of holder.
97. Revocation of authorisation other than on application of holder.
98. Direction not to carry out business other than as directed.
99. Minister to publish notice of revocation or direction.
100. Appeals against decisions of Minister.
101. Appeal
Tribunals.
(Repealed)
101A. Appeal Tribunal.
102. Provision of information by Garda Síochána as to whether or not person is fit and proper person.
103. Extension of powers under
Chapter 8
for purposes related to this Chapter.
104. Register of persons holding authorisations.
105. Minister to publish list of persons holding authorisations.
106. Holders of authorisations to retain certain records.
Chapter 9A
(Repealed)
Virtual Asset Service Providers
106A.
Interpretation.
(Repealed)
106B. Fit
and proper person.
(Repealed)
106C.
Registrations held by partnerships.
(Repealed)
106D. Scope
of Bank’s supervision - performance of certain functions.
(Repealed)
106E.
Obligation on virtual asset service providers to register with Bank.
(Repealed)
106F.
Transitional provision for existing virtual asset service providers.
(Repealed)
106G.
Application for registration.
(Repealed)
106H. Grant
and refusal of applications for registration.
(Repealed)
106I. Bank
may impose conditions when granting an application for registration.
(Repealed)
106J. Terms
of registration.
(Repealed)
106K. Bank
may amend registration.
(Repealed)
106L.
Regulatory disclosure statement.
(Repealed)
106M.
Offence to fail to comply with conditions or prescribed requirements.
(Repealed)
106N. Holder
of registration to ensure that beneficial owners are fit and proper persons.
(Repealed)
106O.
Revocation of registration by Bank on application of holder.
(Repealed)
106P.
Revocation of registration other than on application of holder.
(Repealed)
106Q.
Direction not to carry out business other than as directed.
(Repealed)
106R. Bank
to publish notice of revocation.
(Repealed)
106S.
Register of Virtual Asset Service Providers.
(Repealed)
106T.
Restriction on acquisition of beneficial interest in holders of registrations.
(Repealed)
106U. Powers
of Bank in relation to beneficial owners.
(Repealed)
106V.
Obligation on holder of registration to report certain suspicions to Bank.
(Repealed)
106W.
Provision of information by Garda Síochána as to whether or not person is fit and
proper person.
(Repealed)
106X. Bank’s
power to make regulations.
(Repealed)
106Y.
Holders of registrations to retain certain records.
(Repealed)
Chapter 9B
Designation of Classes of Express Trust (and Matters Related to Such Trusts) for
Certain Purposes
106Z. Purpose of Chapter.
106ZA. Operation and interpretation (Chapter 9B).
106ZB. Power to prescribe certain matters.
106ZC. Relevant trust - designated meaning.
106ZD. Beneficial owner in relation to relevant trusts - designated meaning.
Chapter 10
Other
107. Guidelines.
(Repealed)
107A. Defence.
108. Minister may delegate certain functions under this Part.
108A. Obligation for certain designated persons to register with Central Bank of Ireland.
108B. Obligation for cheque cashing offices to register with Central Bank of Ireland.
108C. Cancellation of registration and removal from register.
108D. Notice of refusal or cancellation of registration and right to make representations.
108E. Registration subject to conditions.
108F. Person registered to ensure that principal officers and beneficial owners are
fit and proper persons.
108G. Direction not to carry out business other than as directed.
108H. Provision of information by Garda Síochána as to whether or not person is fit
and proper person.
108I. Persons registered to retain certain records.
109. Registration of persons directing private members’ clubs.
109A. Managers and beneficial owners of private members’ clubs to hold certificates of fitness.
109B. Application for certificate of fitness.
109C. Grounds of refusal to grant certificate of fitness.
109D. Duration of certificate of fitness.
109E. Appeal where application for certificate of fitness is refused.
109F. Requirement to appoint central contact point.
PART 5
Miscellaneous
110. Service of documents.
111. Offences — directors and others of bodies corporate and unincorporated bodies.
112. Disclosure of information in good faith.
113. Amendment of Bail Act 1997.
114. Amendment of Central Bank Act 1942.
114A. Prescribed amounts under section 33AQ of Central Bank Act 1942 in respect of
certain contraventions.
115. Amendment of Courts (Supplemental Provisions) Act 1961.
116. Consequential amendment of Central Bank Act 1997.
117. Consequential amendment of Criminal Justice Act 1994.
118. Consequential amendment of Criminal Justice (Mutual Assistance) Act 2008.
119. Consequential amendment of Criminal Justice (Theft and Fraud Offences) Act 2001.
120. Consequential amendment of Investor Compensation Act 1998.
121. Consequential amendment of Taxes Consolidation Act 1997.
122. Consequential amendment of Taxi Regulation Act 2003.
SCHEDULE 1
Revocations of Statutory Instruments
SCHEDULE 2
Annex I to Directive 2013/36/EU of the European Parliament and of the Council of 26
June 201313 on Access to the Activity of Credit Institutions and the Prudential Supervision
of Credit Institutions and Investment Firms, Amending Directive 2002/87/EC and repealing
Directives 2006/48/EC and 2006/49/EC
List of Activities Subject to Mutual Recognition
SCHEDULE 3
Non-exhaustive list of factors suggesting potentially lower risk
SCHEDULE 4
Non-exhaustive list of factors suggesting potentially higher risk
Acts Referred to
Bail Act 1997
1997, No. 16
Central Bank Act 1942
1942, No. 22
Central Bank Act 1997
1997, No. 8
Central Bank and Financial Services Authority of Ireland Act 2003
2003, No. 12
Central Bank and Financial Services Authority of Ireland Act 2004
2004, No. 21
Civil Service Regulation Act 1956
1956, No. 46
Companies Acts
Companies (Auditing and Accounting) Act 2003
2003, No. 44
Courts (Supplemental Provisions) Act 1961
1961, No. 39
Credit Union Act 1997
1997, No. 15
Criminal Justice Act 1994
1994, No. 15
Criminal Justice Act 2006
2006, No. 26
Criminal Justice (Mutual Assistance) Act 2008
2008, No. 7
Criminal Justice (Miscellaneous Provisions) Act 2009
2009, No. 28
Criminal Justice (Surveillance) Act 2009
2009, No. 19
Criminal Justice (Terrorist Offences) Act 2005
2005, No. 2
Criminal Justice (Theft and Fraud Offences) Act 2001
2001, No. 50
Criminal Law Act 1997
1997, No. 14
Data Protection Acts 1988 and 2003
European Arrest Warrant Act 2003
2003, No. 45
Extradition Act 1965
1965, No. 17
Finance Act 2004
2004, No. 8
Finance Act 2006
2006, No. 6
Freedom of Information Act 1997
1997, No. 13
Gambling Regulation Act 2024
2024, No. 35
Investment Intermediaries Act 1995
1995, No. 11
Investor Compensation Act 1998
1998, No. 37
Mercantile Marine Act 1955
1955, No. 29
Partnership Act 1890
53 & 54 Vic., c. 39
Solicitors (Amendment) Act 1994
1994, No. 27
Taxes Consolidation Act 1997
1997, No. 39
Taxi Regulation Act 2003
2003, No. 25
Number
6
of
2010
CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) ACT 2010
REVISED
Updated to 1 August 2025
AN ACT TO PROVIDE FOR OFFENCES
OF, AND RELATED TO, MONEY LAUNDERING IN AND OUTSIDE THE STATE; TO GIVE EFFECT TO DIRECTIVE
2005/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 26 OCTOBER 2005 ON THE
PREVENTION OF THE USE OF THE FINANCIAL SYSTEM FOR THE PURPOSE OF MONEY LAUNDERING
AND
TERRORIST FINANCING; TO PROVIDE FOR THE REGISTRATION OF PERSONS DIRECTING PRIVATE
MEMBERS’ CLUBS; TO PROVIDE FOR THE AMENDMENT OF THE CENTRAL BANK ACT 1942 AND THE
COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961; TO PROVIDE FOR THE CONSEQUENTIAL REPEAL
OF
CERTAIN PROVISIONS OF THE CRIMINAL JUSTICE ACT 1994; THE CONSEQUENTIAL AMENDMENT OF
CERTAIN
ENACTMENTS AND THE REVOCATION OF CERTAIN STATUTORY INSTRUMENTS; AND TO PROVIDE FOR
RELATED
MATTERS.
[5
th May
, 2010]
BE IT ENACTED BY THE OIREACHTAS
AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Sanctions for breaches
under Act prescribed (31.03.2014) by
European Union (Capital Requirements)
Regulations 2014
(S.I. No. 158 of 2014), reg. 55(1), 3(o).
Other provisions on
administrative penalties
55. (1) Notwithstanding Part IIIC
of the Act of 1942 and the sanctions set out in section 33AQ of the Act of 1942,
sanctions may be imposed by the Bank following an inquiry under section 33AO of
the Act of 1942 for the contraventions listed in paragraph (3) and may include any
or all of the following
(
a
) a public statement
that identifies the natural person, institution, financial holding company or
mixed-financial holding company responsible, and the nature of the breach
concerned;
(
b
) an order requiring the
natural or legal person responsible to cease, and desist from, the conduct
concerned;
(
c
) in the case of an
institution, withdrawal of the licence or authorisation of the institution in
accordance with the enactment under which the licence or authorisation was
granted;
(
d
) subject to Regulation
150, a temporary ban against a member of the institutions management body or any
other natural person, who is held responsible, from exercising functions in
institutions;
(
e
) subject to paragraph
(2), in the case of a legal person, administrative pecuniary penalties of up to 10
per cent of the total annual net turnover including the gross income consisting
of—
(i) interest receivable and
similar income,
(ii) income from shares and
other variable or fixed-yield securities, and
(iii) commissions or fees
receivable, in accordance with Article 316 of the Capital Requirements Regulation,
of the undertaking in the preceding business year;
(
f
) in the case of a
natural person, administrative pecuniary penalties of up to €5,000,000;
(
g
) administrative
pecuniary penalties of up to twice the amount of the profits gained or losses
avoided because of the breach where those can be determined.
...
(3) The contraventions referred to
in paragraph (1) are the following: ...
(o) an institution is found
liable for a serious breach of the Criminal Justice (Money Laundering and
Terrorist Financing) Act 2010 (No. 6 of 2010);
...
C2
Functions transferred and references to “Department of Public Expenditure and Reform” and “Minister for Public Expenditure and Reform” construed (14.12.2011) by the
Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial
Functions) Order 2011
(S.I. No. 647 of 2011), in effect as per art. 1(2).
2. (1) The administration and
business in connection with the exercise, performance or execution of any
functions transferred by this Order are transferred to the Department of
Finance.
(2) References to the
Department of Public Expenditure and Reform contained in any Act or instrument
made under an act and relating to the administration and business transferred by
paragraph (1) shall, from the commencement of this Order, be construed as
references to the Department of Finance.
3. The functions conferred on the
Minister for Public Expenditure and Reform by or under sections 3 and 107(1) of
the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of
2010) are transferred to the Minister for Finance.
4. References to the Minister for Public Expenditure and Reform contained in any Act
or instrument made under an Act and relating to any functions transferred by this
Order shall, from the commencement of this Order, be construed as references to the
Minister for Finance.
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and
business in connection with the performance of any functions transferred by this
Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department
of Finance contained in any Act or instrument made thereunder and relating to the
administration and business transferred by paragraph (1) shall, on and after the
commencement of this Order, be construed as references to the Department of Public
Expenditure and Reform.
3. The functions conferred on the
Minister for Finance by or under the provisions of —
(a) the enactments specified in
Schedule 1, and
(b) the statutory instruments
specified in Schedule 2,
are transferred to the Minister
for Public Expenditure and Reform.
...
5. References to the Minister for
Finance contained in any Act or instrument under an Act and relating to any
functions transferred by this Order shall, from the commencement of this Order, be
construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 6 of 2010
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
Sections 3, 101(4) and 107(1)
...
...
...
Editorial Notes
E1
Offences under ss. 7, 8, 9, 10, 35, 37, 38, 42 and 49 prescribed as “relevant offences” for purposes of
Criminal Justice Act 2011
(22/2011) (9.08.2011) by
Criminal Justice Act 2011
(22/2011), s. 3(1) and sch. 1 par. 21, S.I. No. 411 of 2011.
Annotations
Modifications (not altering text)
C1
Sanctions for breaches
under Act prescribed (31.03.2014) by
European Union (Capital Requirements)
Regulations 2014
(S.I. No. 158 of 2014), reg. 55(1), 3(o).
Other provisions on
administrative penalties
55. (1) Notwithstanding Part IIIC
of the Act of 1942 and the sanctions set out in section 33AQ of the Act of 1942,
sanctions may be imposed by the Bank following an inquiry under section 33AO of
the Act of 1942 for the contraventions listed in paragraph (3) and may include any
or all of the following
(
a
) a public statement
that identifies the natural person, institution, financial holding company or
mixed-financial holding company responsible, and the nature of the breach
concerned;
(
b
) an order requiring the
natural or legal person responsible to cease, and desist from, the conduct
concerned;
(
c
) in the case of an
institution, withdrawal of the licence or authorisation of the institution in
accordance with the enactment under which the licence or authorisation was
granted;
(
d
) subject to Regulation
150, a temporary ban against a member of the institutions management body or any
other natural person, who is held responsible, from exercising functions in
institutions;
(
e
) subject to paragraph
(2), in the case of a legal person, administrative pecuniary penalties of up to 10
per cent of the total annual net turnover including the gross income consisting
of—
(i) interest receivable and
similar income,
(ii) income from shares and
other variable or fixed-yield securities, and
(iii) commissions or fees
receivable, in accordance with Article 316 of the Capital Requirements Regulation,
of the undertaking in the preceding business year;
(
f
) in the case of a
natural person, administrative pecuniary penalties of up to €5,000,000;
(
g
) administrative
pecuniary penalties of up to twice the amount of the profits gained or losses
avoided because of the breach where those can be determined.
...
(3) The contraventions referred to
in paragraph (1) are the following: ...
(o) an institution is found
liable for a serious breach of the Criminal Justice (Money Laundering and
Terrorist Financing) Act 2010 (No. 6 of 2010);
...
C2
Functions transferred and references to “Department of Public Expenditure and Reform” and “Minister for Public Expenditure and Reform” construed (14.12.2011) by the
Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial
Functions) Order 2011
(S.I. No. 647 of 2011), in effect as per art. 1(2).
2. (1) The administration and
business in connection with the exercise, performance or execution of any
functions transferred by this Order are transferred to the Department of
Finance.
(2) References to the
Department of Public Expenditure and Reform contained in any Act or instrument
made under an act and relating to the administration and business transferred by
paragraph (1) shall, from the commencement of this Order, be construed as
references to the Department of Finance.
3. The functions conferred on the
Minister for Public Expenditure and Reform by or under sections 3 and 107(1) of
the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of
2010) are transferred to the Minister for Finance.
4. References to the Minister for Public Expenditure and Reform contained in any Act
or instrument made under an Act and relating to any functions transferred by this
Order shall, from the commencement of this Order, be construed as references to the
Minister for Finance.
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and
business in connection with the performance of any functions transferred by this
Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department
of Finance contained in any Act or instrument made thereunder and relating to the
administration and business transferred by paragraph (1) shall, on and after the
commencement of this Order, be construed as references to the Department of Public
Expenditure and Reform.
3. The functions conferred on the
Minister for Finance by or under the provisions of —
(a) the enactments specified in
Schedule 1, and
(b) the statutory instruments
specified in Schedule 2,
are transferred to the Minister
for Public Expenditure and Reform.
...
5. References to the Minister for
Finance contained in any Act or instrument under an Act and relating to any
functions transferred by this Order shall, from the commencement of this Order, be
construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 6 of 2010
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
Sections 3, 101(4) and 107(1)
...
...
...
Editorial Notes
E1
Offences under ss. 7, 8, 9, 10, 35, 37, 38, 42 and 49 prescribed as “relevant offences” for purposes of
Criminal Justice Act 2011
(22/2011) (9.08.2011) by
Criminal Justice Act 2011
(22/2011), s. 3(1) and sch. 1 par. 21, S.I. No. 411 of 2011.
ARRANGEMENT OF SECTIONS
PART 1
Preliminary
Section
1. Short title and commencement.
2. Interpretation.
3. Regulations.
4. Repeals and revocations.
5. Expenses.
PART 2
Money Laundering Offences
6. Interpretation (
Part 2
).
7. Money laundering occurring in State.
8. Money laundering outside State in certain circumstances.
9. Attempts, outside State, to commit offence in State.
10. Aiding, abetting, counselling or procuring outside State commission of offence
in State.
11. Presumptions and other matters.
12. Location of proceedings relating to offences committed outside State.
13. Consent of DPP required for proceedings for offences committed outside State.
14. Certificate may be evidence in proceedings under this Part.
15. Double jeopardy.
16. Revenue offence committed outside State.
PART 3
Directions, Orders and Authorisations Relating to Investigations
17. Direction or order not to carry out service or transaction.
18. Notice of direction or order.
19. Revocation of direction or order on application.
20. Order in relation to property subject of direction or order.
21. Cessation of direction or order on cessation of investigation.
22. Suspicious transaction report not to be disclosed.
23. Authorisation to proceed with act that would otherwise comprise money laundering.
PART 4
Provisions Relating to Finance Services Industry, Professional Service Providers and
Others
Chapter 1
Interpretation (Part 4)
24. Definitions.
25. Meaning of “designated person”.
26. Beneficial owner in relation to bodies corporate.
27. Beneficial owner in relation to partnerships.
28. Beneficial owner in relation to trusts.
29. Beneficial owner in relation to estates of deceased persons.
30. Other persons who are beneficial owners.
Chapter 1A
Risk assessment by designated persons
30A. Business risk assessment by designated persons
30B. Application of risk assessment in applying customer due diligence
Chapter 2
Designation of places other than Member States — procedures for detecting money laundering or terrorist financing
31. Designation of places imposing requirements equivalent to Third Money Laundering
Directive.
(Repealed)
32. Designation of places having inadequate procedures for detection of money laundering
or terrorist financing.
(Repealed)
Chapter 3
Customer Due Diligence
33. Identification and verification of customers and beneficial owners.
33A. Electronic money derogation.
34. Exemptions from
section 33
.
(Repealed)
34A. Simplified customer due diligence.
35. Special measures applying to business relationships.
36. Exemption from
section 35(1)
.
(Repealed)
36A. Examination of background and purpose of certain transactions.
37. Enhanced customer due diligence — politically exposed persons.
38. Enhanced customer due diligence — correspondent banking relationships.
38A. Enhanced customer due diligence — high-risk third countries.
39. Designated person’s discretion to apply additional enhanced customer due diligence measures.
40. Reliance on other persons to carry out customer due diligence.
Chapter 3A
Financial Intelligence Unit
40A. State Financial Intelligence Unit.
40B. Powers of FIU Ireland to receive and analyse information.
40C. Powers of certain members of FIU Ireland to obtain information.
40CA. Requests by FIU Ireland to Article 3(2) authorities.
40D. Power of FIU Ireland to respond to requests for information from competent authorities.
40DA. Requests by Article 3(2) authorities to FIU Ireland.
40E. Power of FIU Ireland to share information.
40F. Exchange of financial information or financial analysis.
40G. Exchange of information between Europol and FIU Ireland.
40H. Processing of certain special categories of personal data.
40I. Records of certain information requests.
Chapter 4
Reporting of suspicious transactions and of transactions involving certain places
41. Interpretation (
Chapter 4
).
42. Requirement for designated persons and related persons to report suspicious transactions.
43. Requirement for designated persons to report transactions connected with places
designated under
section 32
.
(Repealed)
44. Defence — internal reporting procedures.
45. Use of reported and other information in investigations.
46. Disclosure not required in certain circumstances.
47. Disclosure not to be treated as breach.
Chapter 5
Tipping off by designated persons
48. Interpretation (
Chapter 5
).
49. Tipping off.
50. Defence — disclosure to customer in case of direction or order to suspend service or transaction.
51. Defences — disclosures within undertaking or group.
52. Defences — other disclosures between institutions or professionals.
53. Defences — other disclosures.
Chapter 6
Internal policies and procedures, training and record keeping
54. Internal policies and procedures and training.
55. Keeping of records by designated persons.
Chapter 7
Special provisions applying to credit and financial institutions
56. Measures for retrieval of information relating to business relationships.
57. Group-wide policies and procedures.
57A. Additional measures where implementation of policies and procedures is not possible.
58. Anonymous accounts.
59. Relationships between credit institutions and shell banks.
Chapter 8
Monitoring of designated persons
60. Meaning of “competent authority”.
61. Agreements between competent authorities where more than one applicable.
62. Meaning of “State competent authority”.
63. General functions of competent authorities.
63A. Supervision
63B. Co-operation with Member State competent authorities.
63C. Supervision by competent authorities.
63D. Duties of competent authorities.
63E. Reporting
breaches to competent authority.
64. Application of other enactments.
65. Annual reporting.
66. Request to bodies to provide names, addresses and other information relating to
designated persons.
67. Direction to furnish information or documents.
68. Direction to provide explanation of documents.
69. Purpose of direction under
section 67
or
68
.
70. Self-incrimination (
sections 67
and
68
).
71. Direction to designated person to comply with obligations under this Part.
72. Appointment of authorised officers.
73. Warrant of appointment.
74. Powers may only be exercised for assisting State competent authority.
75. General power of authorised officers to enter premises.
76. Entry into residential premises only with permission or warrant.
77. Power of authorised officers to do things at premises.
78. Entry to premises and doing of things under warrant.
79. Authorised officer may be accompanied by others.
80. Offence to obstruct, interfere or fail to comply with request.
81. Self-incrimination — questions of authorised officers.
82. Production of documents or information not required in certain circumstances.
83. Disclosure or production not to be treated as breach or to affect lien.
Chapter 9
Authorisation of Trust or Company Service Providers
84. Interpretation (
Chapter 9
).
85. Meaning of “fit and proper person”.
86. Authorisations held by partnerships.
87. Prohibition on carrying on business of trust or company service provider without
authorisation.
88. Application for authorisation.
89. Grant and refusal of applications for authorisation.
90. Minister may impose conditions when granting an application for an authorisation.
91. Terms of authorisation.
92. Renewal of authorisation.
93. Minister may amend authorisation.
94. Offence to fail to comply with conditions or prescribed requirements.
95. Holder of authorisation to ensure that principal officers and beneficial owners
are fit and proper persons.
96. Revocation of authorisation by Minister on application of holder.
97. Revocation of authorisation other than on application of holder.
98. Direction not to carry out business other than as directed.
99. Minister to publish notice of revocation or direction.
100. Appeals against decisions of Minister.
101. Appeal
Tribunals.
(Repealed)
101A. Appeal Tribunal.
102. Provision of information by Garda Síochána as to whether or not person is fit and proper person.
103. Extension of powers under
Chapter 8
for purposes related to this Chapter.
104. Register of persons holding authorisations.
105. Minister to publish list of persons holding authorisations.
106. Holders of authorisations to retain certain records.
Chapter 9A
(Repealed)
Virtual Asset Service Providers
106A.
Interpretation.
(Repealed)
106B. Fit
and proper person.
(Repealed)
106C.
Registrations held by partnerships.
(Repealed)
106D. Scope
of Bank’s supervision - performance of certain functions.
(Repealed)
106E.
Obligation on virtual asset service providers to register with Bank.
(Repealed)
106F.
Transitional provision for existing virtual asset service providers.
(Repealed)
106G.
Application for registration.
(Repealed)
106H. Grant
and refusal of applications for registration.
(Repealed)
106I. Bank
may impose conditions when granting an application for registration.
(Repealed)
106J. Terms
of registration.
(Repealed)
106K. Bank
may amend registration.
(Repealed)
106L.
Regulatory disclosure statement.
(Repealed)
106M.
Offence to fail to comply with conditions or prescribed requirements.
(Repealed)
106N. Holder
of registration to ensure that beneficial owners are fit and proper persons.
(Repealed)
106O.
Revocation of registration by Bank on application of holder.
(Repealed)
106P.
Revocation of registration other than on application of holder.
(Repealed)
106Q.
Direction not to carry out business other than as directed.
(Repealed)
106R. Bank
to publish notice of revocation.
(Repealed)
106S.
Register of Virtual Asset Service Providers.
(Repealed)
106T.
Restriction on acquisition of beneficial interest in holders of registrations.
(Repealed)
106U. Powers
of Bank in relation to beneficial owners.
(Repealed)
106V.
Obligation on holder of registration to report certain suspicions to Bank.
(Repealed)
106W.
Provision of information by Garda Síochána as to whether or not person is fit and
proper person.
(Repealed)
106X. Bank’s
power to make regulations.
(Repealed)
106Y.
Holders of registrations to retain certain records.
(Repealed)
Chapter 9B
Designation of Classes of Express Trust (and Matters Related to Such Trusts) for
Certain Purposes
106Z. Purpose of Chapter.
106ZA. Operation and interpretation (Chapter 9B).
106ZB. Power to prescribe certain matters.
106ZC. Relevant trust - designated meaning.
106ZD. Beneficial owner in relation to relevant trusts - designated meaning.
Chapter 10
Other
107. Guidelines.
(Repealed)
107A. Defence.
108. Minister may delegate certain functions under this Part.
108A. Obligation for certain designated persons to register with Central Bank of Ireland.
108B. Obligation for cheque cashing offices to register with Central Bank of Ireland.
108C. Cancellation of registration and removal from register.
108D. Notice of refusal or cancellation of registration and right to make representations.
108E. Registration subject to conditions.
108F. Person registered to ensure that principal officers and beneficial owners are
fit and proper persons.
108G. Direction not to carry out business other than as directed.
108H. Provision of information by Garda Síochána as to whether or not person is fit
and proper person.
108I. Persons registered to retain certain records.
109. Registration of persons directing private members’ clubs.
109A. Managers and beneficial owners of private members’ clubs to hold certificates of fitness.
109B. Application for certificate of fitness.
109C. Grounds of refusal to grant certificate of fitness.
109D. Duration of certificate of fitness.
109E. Appeal where application for certificate of fitness is refused.
109F. Requirement to appoint central contact point.
PART 5
Miscellaneous
110. Service of documents.
111. Offences — directors and others of bodies corporate and unincorporated bodies.
112. Disclosure of information in good faith.
113. Amendment of Bail Act 1997.
114. Amendment of Central Bank Act 1942.
114A. Prescribed amounts under section 33AQ of Central Bank Act 1942 in respect of
certain contraventions.
115. Amendment of Courts (Supplemental Provisions) Act 1961.
116. Consequential amendment of Central Bank Act 1997.
117. Consequential amendment of Criminal Justice Act 1994.
118. Consequential amendment of Criminal Justice (Mutual Assistance) Act 2008.
119. Consequential amendment of Criminal Justice (Theft and Fraud Offences) Act 2001.
120. Consequential amendment of Investor Compensation Act 1998.
121. Consequential amendment of Taxes Consolidation Act 1997.
122. Consequential amendment of Taxi Regulation Act 2003.
SCHEDULE 1
Revocations of Statutory Instruments
SCHEDULE 2
Annex I to Directive 2013/36/EU of the European Parliament and of the Council of 26
June 201313 on Access to the Activity of Credit Institutions and the Prudential Supervision
of Credit Institutions and Investment Firms, Amending Directive 2002/87/EC and repealing
Directives 2006/48/EC and 2006/49/EC
List of Activities Subject to Mutual Recognition
SCHEDULE 3
Non-exhaustive list of factors suggesting potentially lower risk
SCHEDULE 4
Non-exhaustive list of factors suggesting potentially higher risk
Number
6
of
2010