Money Laundering and Proceeds of Crime Act Act No. 4/2013 (2) No person shall, in any judicial proceeding, be required to disclose a suspicious transaction report or any information contained in the report or provided in connection with it, or the identity of the person preparing or making such report or handling the underlying transaction, unless the judge or other presiding officer is satisfied that the disclosure of the information is necessary in the interests of justice. (3) For the purposes of determining any matter referred to in subsection (2) the judge or other presiding officer shall do any the following as seems to him or her appropriate— (a) direct that the information or identity of the person concerned be disclosed privately to the judge or presiding officer for his or her consideration; or (b) after examination of the information which has been privately disclosed to judge or presiding officer, edit the information in such manner or to such extent as the judge or presiding officer considers best suited to preserve the public interest in upholding the objectives of this Act and to serve the interests of the parties concerned; or (c) consider whether disclosure should be limited or restricted in terms of the Courts and Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04] or otherwise. 33 Exemption from liability for good faith reporting of suspicious transactions No criminal, civil, disciplinary or administrative proceedings for breach of banking or professional secrecy or breach of contract shall lie against financial institutions and designated non-financial businesses or professions or their respective directors, principals, officers, partners, professionals or employees who, in good faith, submit reports or provide information in accordance with the provisions of this Act. 34 Failure to comply with Part III of Chapter III Any person who intentionally or by gross negligence— (a) fails to submit a report to the Unit as required by section 30(1); or (b) makes a false or misleading statement, provides false or misleading information, or otherwise fails to state a material fact in connection with such person’s obligations under this Part, including the obligation to make a suspicious transaction; or (c) discloses to a customer or a third party information in contravention of section 31(2); 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. PART IV DUTIES OF UNIT IN RELATION TO INFORMATION RECEIVED UNDER PARTS I, II AND III OF CHAPTER III 35 Action regarding reports and other information received by Unit Whenever the Unit has, on the basis of reports or other information received by it under Part I, II or III, or otherwise, reasonable grounds to suspect that any property is proceeds of crime, or is related to or intended for the financing of terrorism, or is terrorist property, it shall promptly communicate its suspicion, together with the relevant report or information to the police for investigation. 36 Access to information (1) In relation to any information it has received in accordance with its functions, the Unit is authorised to obtain from financial institutions, designated non-financial businesses or professions, and any of their respective directors, principals, officers, partners, professionals, agents and employees, any additional information that the Unit deems necessary to carry out its functions. - 32 -