Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 5 May 2010
    Version 1 of 1    

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)

Introductory Text
Acts Referred to
Part 1 Preliminary (ss. 1-5)
In force
1. Short title and commencement.
In force
2. Interpretation.
In force
3. Regulations.
In force
4. Repeals and revocations.
In force
5. Expenses.
Part 2 Money Laundering Offences (ss. 6-16)
In force
6. Interpretation (Part 2).
In force
7. Money laundering occurring in State.
In force
8. Money laundering outside State in certain circumstances.
In force
9. Attempts, outside State, to commit offence in State.
In force
10. Aiding, abetting, counselling or procuring outside State commission of offence in State.
In force
11. Presumptions and other matters.
In force
12. Location of proceedings relating to offences committed outside State.
In force
13. Consent of DPP required for proceedings for offences committed outside State.
In force
14. Certificate may be evidence in proceedings under this Part.
In force
15. Double jeopardy.
In force
16. Revenue offence committed outside State.
Part 3 Directions, Orders and Authorisations Relating to Investigations (ss. 17-23)
In force
17. Direction or order not to carry out service or transaction.
In force
18. Notice of direction or order.
In force
19. Revocation of direction or order on application.
In force
20. Order in relation to property subject of direction or order.
In force
21. Cessation of direction or order on cessation of investigation.
In force
22. Suspicious transaction report not to be disclosed.
In force
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 (ss. 24-109)
Chapter 1 Interpretation (Part 4) (ss. 24-30)
In force
24. Definitions.
In force
25. Meaning of "designated person".
In force
26. Beneficial owner in relation to bodies corporate.
In force
27. Beneficial owner in relation to partnerships.
In force
28. Beneficial owner in relation to trusts.
In force
29. Beneficial owner in relation to estates of deceased persons.
In force
30. Other persons who are beneficial owners.
Chapter 1A Risk assessment by designated persons (ss. 30A-30B)
In force
30A. Business risk assessment by designated persons.
In force
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 (ss. 31-32)
Repealed
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.
Chapter 3 Customer Due Diligence (ss. 33-40)
In force
33. Identification and verification of customers and beneficial owners.
In force
33A. Electronic money derogation.
Repealed
34. Exemptions from section 33.
In force
34A. Simplified customer due diligence.
In force
35. Special measures applying to business relationships.
Repealed
36. Exemption from section 35(1).
In force
36A. Examination of background and purpose of certain transactions.
In force
37. Enhanced customer due diligence - politically exposed persons.
In force
38. Enhanced customer due diligence - correspondent banking relationships.
In force
38A. Enhanced customer due diligence - high-risk third countries.
In force
39. Enhanced due diligence in cases of heightened risk.
In force
40. Reliance on other persons to carry out customer due diligence.
Chapter 3A (ss. 40A-40E)
In force
40A. State Financial Intelligence Unit.
In force
40B. Powers of FIU Ireland to receive and analyse information.
In force
40C. Powers of certain members of FIU Ireland to obtain information.
In force
40D. Power of FIU Ireland to respond to requests for information from competent authorities.
In force
40E. Power of FIU Ireland to share information.
Chapter 4 Reporting of suspicious transactions and of transactions involving certain places (ss. 41-47)
In force
41. Interpretation (Chapter 4).
In force
42. Requirement for designated persons and related persons to report suspicious transactions.
Repealed
43. Requirement for designated persons to report transactions connected with places designated under section 32.
In force
44. Defence - internal reporting procedures.
In force
45. Use of reported and other information in investigations.
In force
46. Disclosure not required in certain circumstances.
In force
47. Disclosure not to be treated as breach.
Chapter 5 Tipping off by designated persons (ss. 48-53)
In force
48. Interpretation (Chapter 5).
In force
49. Tipping off.
In force
50. Defence - disclosure to customer in case of direction or order to suspend service or transaction.
In force
51. Defences - disclosures within undertaking or group.
In force
52. Defences - other disclosures between institutions or professionals.
In force
53. Defences - other disclosures.
Chapter 6 Internal policies and procedures, training and record keeping (ss. 54-55)
In force
54. Internal policies and procedures and training.
In force
55. Keeping of records by designated persons.
Chapter 7 Special provisions applying to credit and financial institutions (ss. 56-59)
In force
56. Measures for retrieval of information relating to business relationships.
In force
57. Group-wide policies and procedures.
In force
57A. Additional measures where implementation of policies and procedures is not possible.
In force
58. Anonymous accounts.
In force
59. Relationships between certain institutions and shell banks.
Chapter 8 Monitoring of designated persons (ss. 60-83)
In force
60. Meaning of "competent authority".
In force
61. Agreements between competent authorities where more than one applicable.
In force
62. Meaning of "State competent authority".
In force
63. General functions of competent authorities.
In force
64. Application of other enactments.
In force
65. Annual reporting.
In force
66. Request to bodies to provide names, addresses and other information relating to designated persons.
In force
67. Direction to furnish information or documents.
In force
68. Direction to provide explanation of documents.
In force
69. Purpose of direction under section 67 or 68.
In force
70. Self-incrimination (sections 67 and 68).
In force
71. Directions to comply with obligations under this Part.
In force
72. Appointment of authorised officers.
In force
73. Warrant of appointment.
In force
74. Powers may only be exercised for assisting State competent authority.
In force
75. General power of authorised officers to enter premises.
In force
76. Entry into residential premises only with permission or warrant.
In force
77. Power of authorised officers to do things at premises.
In force
78. Entry to premises and doing of things under warrant.
In force
79. Authorised officer may be accompanied by others.
In force
80. Offence to obstruct, interfere or fail to comply with request.
In force
81. Self-incrimination - questions of authorised officers.
In force
82. Production of documents or information not required in certain circumstances.
In force
83. Disclosure or production not to be treated as breach or to affect lien.
Chapter 9 Authorisation of Trust or Company Service Providers (ss. 84-106)
In force
84. Interpretation (Chapter 9).
In force
85. Meaning of "fit and proper person".
In force
86. Authorisations held by partnerships.
In force
87. Prohibition on carrying on business of trust or company service provider without authorisation.
In force
88. Application for authorisation.
In force
89. Grant and refusal of applications for authorisation.
In force
90. Minister may impose conditions when granting an application for an authorisation.
In force
91. Terms of authorisation.
In force
92. Renewal of authorisation.
In force
93. Minister may amend authorisation.
In force
94. Offence to fail to comply with conditions or prescribed requirements.
In force
95. Holder of authorisation to ensure that principal officers and beneficial owners are fit and proper persons.
In force
96. Revocation of authorisation by Minister on application of holder.
In force
97. Revocation of authorisation other than on application of holder.
In force
98. Direction not to carry out business other than as directed.
In force
99. Minister to publish notice of revocation or direction.
In force
100. Appeals against decisions of Minister.
In force
101. Appeal Tribunals.
In force
102. Provision of information by Garda Síochána as to whether or not person is fit and proper person.
In force
103. Extension of powers under Chapter 8 for purposes related to this Chapter.
In force
104. Register of persons holding authorisations.
In force
105. Minister to publish list of persons holding authorisations.
In force
106. Holders of authorisations to retain certain records.
Chapter 10 Other (ss. 107-109E)
Repealed
107. Guidelines.
In force
107A. Defence.
In force
108. Minister may delegate certain functions under this Part.
In force
108A. Obligation for certain designated persons to register with Central Bank of Ireland.
In force
109. Registration of persons directing private members' clubs.
In force
109A. Managers and beneficial owners of private members' clubs to hold certificates of fitness.
In force
109B. Application for certificate of fitness.
In force
109C. Grounds of refusal to grant certificate of fitness.
In force
109D. Duration of certificate of fitness.
In force
109E. Appeal where application for certificate of fitness is refused.
Part 5 Miscellaneous (ss. 110-122)
In force
110. Service of documents.
In force
111. Offences - directors and others of bodies corporate and unincorporated bodies.
In force
112. Disclosure of information in good faith.
In force
113. Amendment of Bail Act 1997.
In force
114. Amendment of Central Bank Act 1942.
In force
114A. Prescribed amounts under section 33AQ of Central Bank Act 1942 in respect of certain contraventions.
In force
115. Amendment of Courts (Supplemental Provisions) Act 1961.
In force
116. Consequential amendment of Central Bank Act 1997.
In force
117. Consequential amendment of Criminal Justice Act 1994.
In force
118. Consequential amendment of Criminal Justice (Mutual Assistance) Act 2008.
In force
119. Consequential amendment of Criminal Justice (Theft and Fraud Offences) Act 2001.
In force
120. Consequential amendment of Investor Compensation Act 1998.
In force
121. Consequential amendment of Taxes Consolidation Act 1997.
In force
122. Consequential amendment of Taxi Regulation Act 2003.
In force
Schedule 1 Revocations of Statutory Instruments
In force
Schedule 2 Annex I to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 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
In force
Schedule 3 Non-exhaustive list of factors suggesting potentially lower risk
In force
Schedule 4 Non-exhaustive list of factors suggesting potentially higher risk