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Version status: Published
Version date: 30 April 2018 - onwards

30. Additional measures where implementation of policies and procedures is not possible

This format of the bill is taken from the text of stage 1 published on 26 April 2018 by Dáil Éireann

The Act of 2010 is amended by the insertion of the following section after section 57:

"57A.

(1) Where a competent authority receives a notification under section 57(3)(b) and is not satisfied that the additional measures applied in accordance with that subsection are sufficient for the purposes of carrying out customer due diligence and preventing and detecting the commission of money laundering and terrorist financing it shall exercise additional supervisory actions, where necessary requesting a group to close down its operations in the third country and may, by notice in writing, direct the designated person to take such additional actions as the competent authority considers necessary to mitigate the risk of money laundering or terrorist financing.

(2) A notice under subsection (1) -

(a) may direct the group -

(i) not to establish a business relationship,

(ii) to terminate a business relationship, or

(iii) not to undertake a transaction,

and

(b) shall specify the matters which, in the opinion of the competent authority, give rise to the risk of money laundering or terrorist financing and in respect of which the additional measures taken are insufficient.

(3) A notice under subsection (1) shall take effect -