Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(2) Despite subsection (1), an estate agent or legal, accounting or corporate service
professional is required to submit a report of a suspicious transaction in accordance with
subsection (1) only when—
(a) they engage, on behalf of or for a client, in a financial transaction associated with an
activity specified in relation to such professionals under section 15(2)(a) or (b); and
(b) in the case of a legal practitioner , the relevant information upon which the suspicion is
based was not received from or obtained on a client—
(i) in the course of ascertaining the legal position of his or her client; or
(ii) in performing his or her task of defending or representing that client in, or
concerning judicial, administrative, arbitration or mediation proceedings,
including advice on instituting or avoiding proceedings, whether such
information is received or obtained before, during or after such proceedings.
(3) Despite subsection (1), a gaming operator, precious stones dealer or precious metals
dealer, is required to submit a report of a suspicious transaction in accordance with subsection
(1) only when they engage, on behalf of or for a client, in a financial transaction referred to in
section 15(2)(c) or (d);
(4) A competent supervisory authority shall inform the Unit if, in the course of discharging
its responsibilities—
(a) it discovers facts that could be related to money laundering or terrorist financing; or
(b) it appears to the supervisory authority that a financial institution or designated nonfinancial business or profession of which it is the supervisory authority, or any of their
respective directors, officers or employees, is not complying or has not complied with
the obligations set out in this section or this Act generally.
(5) A directive shall prescribe the procedures for and form in which the reports shall be
submitted to the Unit.
(6) The Unit may supplement the foregoing directive with written guidelines issued from
time to time as it sees fit to assist financial institutions and designated non-financial businesses
and professions to fulfil their obligations under this section.
31 Inapplicability of confidentiality provisions and prohibition against
tipping-off
(1) No secrecy or confidentiality provision in any other law shall prevent a financial
institution or designated non-financial business or profession from fulfilling its obligations
under section 3110 or the other provisions of this Act.
(2) No financial institution or designated non-financial business or profession, nor any
director, partner, officer, principal or employee thereof, shall disclose to any of their customers
or a third party that a report or any other information concerning suspected money laundering or
financing of terrorism will be, is being or has been submitted to the Unit, or that a money
laundering or financing of terrorism investigation is being or has been carried out, except in the
circumstances set forth in subsection (3) or when otherwise required by law to do so.
(3) A disclosure may be made to carry out a function that a person has relating to the
enforcement of any provision of this Act or of any other enactment, or, in the case of a legal
practitioner or accountant, when seeking to dissuade a client from engaging in illegal activity.
32 Protection of identity of persons and information relating to
suspicious transaction reports
(1) Except for the purposes of the due administration of this Act, no person shall disclose
any information that will identify or is likely to identify the person who prepared or made a
suspicious transaction report, or handled the underlying transaction.
10
(sic) Presumably this should be 30.
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