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Chapter 1 Interpretation (Part 4) (ss. 24-30) |
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24. Definitions. |
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⚠ 25. Meaning of "designated person". |
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26. Beneficial owner in relation to bodies corporate. |
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27. Beneficial owner in relation to partnerships. |
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28. Beneficial owner in relation to trusts. |
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29. Beneficial owner in relation to estates of deceased persons. |
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30. Other persons who are beneficial owners. |
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Chapter 1A Risk assessment by designated persons (ss. 30A-30B) |
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30A. Business risk assessment by designated persons. |
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30B. Application of risk assessment in applying customer due diligence. |
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Chapter 2 Designation of places other than Member States - procedures for detecting money laundering or terrorist financing (ss. 31-32) |
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31. Designation of places imposing requirements equivalent to Third Money Laundering Directive. |
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32. Designation of places having inadequate procedures for detection of money laundering or terrorist financing. |
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Chapter 3 Customer Due Diligence (ss. 33-40) |
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33. Identification and verification of customers and beneficial owners. |
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33A. Electronic money derogation. |
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34. Exemptions from section 33. |
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34A. Simplified customer due diligence. |
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35. Special measures applying to business relationships. |
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36. Exemption from section 35(1). |
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36A. Examination of background and purpose of certain transactions. |
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37. Enhanced customer due diligence - politically exposed persons. |
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38. Enhanced customer due diligence - correspondent banking relationships. |
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38A. Enhanced customer due diligence - high-risk third countries. |
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39. Enhanced due diligence in cases of heightened risk. |
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40. Reliance on other persons to carry out customer due diligence. |
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Chapter 3A (ss. 40A-40I) |
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⚠ 40A. State Financial Intelligence Unit. |
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40B. Powers of FIU Ireland to receive and analyse information. |
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40C. Powers of certain members of FIU Ireland to obtain information. |
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40CA. Requests by FIU Ireland to Article 3(2) authorities |
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40D. Power of FIU Ireland to respond to requests for information from competent authorities. |
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40DA. Requests by Article 3(2) authorities to FIU Ireland |
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40E. Power of FIU Ireland to share information. |
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40F. Exchange of financial information or financial analysis |
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40G. Exchange of information between Europol and FIU Ireland |
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40H. Processing of certain special categories of personal data |
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40I. Records of certain information requests |
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Chapter 4 Reporting of suspicious transactions and of transactions involving certain places (ss. 41-47) |
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41. Interpretation (Chapter 4). |
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42. Requirement for designated persons and related persons to report suspicious transactions. |
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43. Requirement for designated persons to report transactions connected with places designated under section 32. |
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44. Defence - internal reporting procedures. |
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45. Use of reported and other information in investigations. |
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46. Disclosure not required in certain circumstances. |
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47. Disclosure not to be treated as breach. |
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Chapter 5 Tipping off by designated persons (ss. 48-53) |
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48. Interpretation (Chapter 5). |
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49. Tipping off. |
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50. Defence - disclosure to customer in case of direction or order to suspend service or transaction. |
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51. Defences - disclosures within undertaking or group. |
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52. Defences - other disclosures between institutions or professionals. |
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53. Defences - other disclosures. |
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Chapter 6 Internal policies and procedures, training and record keeping (ss. 54-55) |
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54. Internal policies and procedures and training. |
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55. Keeping of records by designated persons. |
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Chapter 7 Special provisions applying to credit and financial institutions (ss. 56-59) |
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56. Measures for retrieval of information relating to business relationships. |
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57. Group-wide policies and procedures. |
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57A. Additional measures where implementation of policies and procedures is not possible. |
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58. Anonymous accounts. |
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59. Relationships between certain institutions and shell banks. |
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Chapter 8 Monitoring of designated persons (ss. 60-83) |
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⚠ 60. Meaning of "competent authority". |
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61. Agreements between competent authorities where more than one applicable. |
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⚠ 62. Meaning of "State competent authority". |
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63. General functions of competent authorities. |
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63A. Supervision. |
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63B. Co-operation with Member State competent authorities. |
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63C. Supervision by competent authorities. |
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63D. Duties of competent authorities. |
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63E. Reporting breaches to competent authority. |
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64. Application of other enactments. |
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65. Annual reporting. |
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66. Request to bodies to provide names, addresses and other information relating to designated persons. |
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67. Direction to furnish information or documents. |
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68. Direction to provide explanation of documents. |
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69. Purpose of direction under section 67 or 68. |
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70. Self-incrimination (sections 67 and 68). |
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71. Directions to comply with obligations under this Part. |
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72. Appointment of authorised officers. |
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73. Warrant of appointment. |
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74. Powers may only be exercised for assisting State competent authority. |
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75. General power of authorised officers to enter premises. |
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76. Entry into residential premises only with permission or warrant. |
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77. Power of authorised officers to do things at premises. |
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78. Entry to premises and doing of things under warrant. |
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79. Authorised officer may be accompanied by others. |
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80. Offence to obstruct, interfere or fail to comply with request. |
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81. Self-incrimination - questions of authorised officers. |
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82. Production of documents or information not required in certain circumstances. |
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83. Disclosure or production not to be treated as breach or to affect lien. |
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Chapter 9 Authorisation of Trust or Company Service Providers (ss. 84-106) |
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84. Interpretation (Chapter 9). |
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85. Meaning of "fit and proper person". |
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86. Authorisations held by partnerships. |
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87. Prohibition on carrying on business of trust or company service provider without authorisation. |
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88. Application for authorisation. |
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89. Grant and refusal of applications for authorisation. |
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90. Minister may impose conditions when granting an application for an authorisation. |
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91. Terms of authorisation. |
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92. Renewal of authorisation. |
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93. Minister may amend authorisation. |
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94. Offence to fail to comply with conditions or prescribed requirements. |
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95. Holder of authorisation to ensure that principal officers and beneficial owners are fit and proper persons. |
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96. Revocation of authorisation by Minister on application of holder. |
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97. Revocation of authorisation other than on application of holder. |
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98. Direction not to carry out business other than as directed. |
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99. Minister to publish notice of revocation or direction. |
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100. Appeals against decisions of Minister. |
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101. Appeal Tribunals. |
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101A. Appeal Tribunal. |
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102. Provision of information by Garda Síochána as to whether or not person is fit and proper person. |
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103. Extension of powers under Chapter 8 for purposes related to this Chapter. |
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104. Register of persons holding authorisations. |
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105. Minister to publish list of persons holding authorisations. |
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106. Holders of authorisations to retain certain records. |
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Chapter 9A Virtual Asset Service Providers (ss. 106A-106Y) |
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106A. Interpretation. |
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106B. Fit and proper person. |
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106C. Registrations held by partnerships. |
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106D. Scope of Bank’s supervision - performance of certain functions. |
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106E. Obligation on virtual asset service providers to register with Bank. |
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106F. Transitional provision for existing virtual asset service providers. |
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106G. Application for registration. |
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106H. Grant and refusal of applications for registration. |
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106I. Bank may impose conditions when granting an application for registration. |
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106J. Terms of registration. |
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106K. Bank may amend registration. |
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106L. Regulatory disclosure statement. |
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106M. Offence to fail to comply with conditions or prescribed requirements. |
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106N. Holder of registration to ensure that beneficial owners are fit and proper persons. |
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106O. Revocation of registration by Bank on application of holder. |
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106P. Revocation of registration other than on application of holder. |
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106Q. Direction not to carry out business other than as directed. |
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106R. Bank to publish notice of revocation. |
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106S. Register of Virtual Asset Service Providers. |
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106T. Restriction on acquisition of beneficial interest in holders of registrations. |
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106U. Powers of Bank in relation to beneficial owners. |
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106V. Obligation on holder of registration to report certain suspicions to Bank. |
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106W. Provision of information by Garda Síochána as to whether or not person is fit and proper person. |
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106X. Bank’s power to make regulations. |
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106Y. Holders of registrations to retain certain records. |
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Chapter 9B Designation of Classes of Express Trust (and Matters Related to Such Trusts) for Certain Purposes (ss. 106Z-106ZD) |
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106Z. Purpose of Chapter. |
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106ZA. Operation and interpretation (Chapter 9B). |
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106ZB. Power to prescribe certain matters. |
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106ZC. Relevant trust - designated meaning. |
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106ZD. Beneficial owner in relation to relevant trusts - designated meaning. |
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Chapter 10 Other (ss. 107-109E) |
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107. Guidelines. |
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107A. Defence. |
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108. Minister may delegate certain functions under this Part. |
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108A. Obligation for certain designated persons to register with Central Bank of Ireland. |
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108B. Obligation for cheque cashing offices to register with Central Bank of Ireland. |
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108C. Cancellation of registration and removal from register. |
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108D. Notice of refusal or cancellation of registration and right to make representations. |
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108E. Registration subject to conditions. |
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108F. Person registered to ensure that principal officers and beneficial owners are fit and proper persons. |
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108G. Direction not to carry out business other than as directed. |
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108H. Provision of information by Garda Síochána as to whether or not person is fit and proper person. |
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108I. Persons registered to retain certain records. |
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⚠ 109. Registration of persons directing private members' clubs. |
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⚠ 109A. Managers and beneficial owners of private members' clubs to hold certificates of fitness. |
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⚠ 109B. Application for certificate of fitness. |
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⚠ 109C. Grounds of refusal to grant certificate of fitness. |
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⚠ 109D. Duration of certificate of fitness. |
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⚠ 109E. Appeal where application for certificate of fitness is refused. |
