Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(6) If the institutions referred to in subsection (1) receive wire transfers that do not contain
the complete originator information required under that subsection, they shall take measures to
obtain and verify the missing information from the ordering institution or the beneficiary.
(7) Financial institution referred to in subsection (1) that cannot obtain the missing
information referred to in subsection (6) must refuse acceptance of the transfer and immediately
make a report thereon to the Unit.
28 Failure to comply with Part II of Chapter III
(1) Any person who intentionally or by gross negligence—
(a) fails to maintain books and records as required by section 17; or
(b) destroys, falsifies or removes such records; or
(c) fails to make such information available in a timely manner in response to a lawful
request by the Unit or a competent supervisory authority for such books or records
shall be guilty of an offence shall be guilty of an offence and liable to a fine not exceeding level ten
or to imprisonment for a period not exceeding three years, or both such fine and such
imprisonment.
(2) Any person who intentionally or by gross negligence—
(a) fails to maintain internal control programs in compliance with sections 25(1) or (2); or
(a) fails to conduct due diligence with respect to customers, accounts, and transactions in
compliance with section 26(1); or
(c) fails to comply with the obligations for special monitoring set forth in sections 26(2);
or
(d) fails to comply with the obligations relating to wire transfers set forth in sections 27; or
shall be guilty of an offence shall be guilty of an offence and liable to a fine not exceeding level
ten or to imprisonment for a period not exceeding three years, or both such fine and such
imprisonment.
29 Compliance with obligations under Parts I and II by foreign
subsidiaries and branches of financial institutions
(1) Financial institutions shall require their foreign branches and majority-owned
subsidiaries to implement the requirements of Part I and this Part to the extent that domestic
applicable laws and regulations of the host country so permit.
(2) If the laws of the country where the branch or majority-owned subsidiary is situated
prevent compliance with these requirements, for any reason, the financial institution shall so
advise the Unit, which may take such steps as it believes to be appropriate to accomplish the
purposes of this Act.
PART III
REPORTING OBLIGATIONS
30 Obligation to report suspicious transactions
(1) Subject subsections (2) and (3), financial institutions, designated non-financial
businesses and professions, and their respective directors, principals, officers, partners,
professionals, agents and employees, that suspect or have reasonable grounds to suspect that any
property—
(a) is the proceeds of crime, or
(b) is related or linked to, or is to be used for, terrorism, terrorist acts or by terrorist
organisations or those who finance terrorism.
shall submit promptly, but not later than three working days after forming the suspicion, a report
setting forth the suspicion to the Unit (this obligation applies also to attempted transactions).
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