Criminal justice act 2013

• Act Number: 19
• Enactment Date: 12 June 2013

Number 19 of 2013
CRIMINAL JUSTICE ACT 2013
CONTENTS
PART 1
Preliminary and General
Section
1. Short title, collective citation and commencement
PART 2
Amendment of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
2. Definition (Part 2)
3. Amendment of section 17 of Act of 2010
4. Amendment of section 24 of Act of 2010
5. Amendment of section 25 of Act of 2010
6. Amendment of section 33 of Act of 2010
7. Amendment of section 34 of Act of 2010
8. Amendment of section 36 of Act of 2010
9. Amendment of section 37 of Act of 2010
10. Amendment of section 39 of Act of 2010
11. Amendment of section 54 of Act of 2010
12. Amendment of section 55 of Act of 2010
13. Amendment of section 60 of Act of 2010
14. Amendment of section 71 of Act of 2010
15. Amendment of section 84 of Act of 2010
16. Miscellaneous amendments to Act of 2010
17. Amendment of section 104 of Act of 2010
18. Amendment of section 109 of Act of 2010
PART 3
Cessation of Mobile Communications Service in Response to Serious Threat
19. Definitions (Part 3)
20. Conditions justifying authorisation
21. Application for authorisation
22. Authorisation
23. Variation or extension of authorisation
24. Direction
25. Obligations of undertakings
26. Obligations of other persons
27. Withdrawal of direction
28. Nominated officer
29. Offences
Acts Referred to
Communications Regulation Act 2002 (No. 20)
Companies Act 1963 (No. 33)
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)
Criminal Justice (Terrorist Offences) Act 2005 (No. 2)
Criminal Justice Act 1994 (No. 15)
Number 19 of2013
CRIMINAL JUSTICE ACT 2013
An Act to amend the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 , to provide for the cessation of mobile communications services where necessary for the aversion of serious threats, and to provide for related matters. [12th June, 2013]
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title, collective citation and commencement
	1. (1) This Act may be cited as the Criminal Justice Act 2013.
	(2) The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and Part 2 may be cited together as the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 and 2013.
	(3) Part 2 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders, either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
PART 2 Amendment of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
		Definition (Part 2)
	2. In this Part, “Act of 2010” means Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
		Amendment of section 17 of Act of 2010
	3. Section 17 of the Act of 2010 is amended by the substitution of the following for subsection (4):
	“(4) An application for an order under subsection (2)—
	(a) shall be made ex parte and shall be heard otherwise than in public,
	and
	(b) shall be made to a judge of the District Court assigned to the district in which the order is proposed to be served.”.
		Amendment of section 24 of Act of 2010
	4. Section 24(1) of the Act of 2010 is amended by the substitution of the following for the definition of “occasional transaction”:
	“’occasional transaction’ means, in relation to a customer of a designated person where the designated person does not have a business relationship with the customer, a single transaction, or a series of transactions that are or appear to be linked to each other, and—
	(a) in a case where the designated person concerned is a person referred to in section 25(1)(h), that the amount of money or the monetary value concerned—
	(i) paid to the designated person by the customer, or
	(ii) paid to the customer by the designated person,
	is in aggregate not less than €2,000,
	(b) in a case where the transaction concerned consists of a transfer of funds (within the meaning of Regulation (EC) No. 1781/2006 1 ) that the amount of money to be transferred is in aggregate not less than €1,000, and
	(c) in a case other than one referred to in paragraphs (a) or (b), that the amount or aggregate of amounts concerned is not less than €15,000;”.
		Amendment of section 25 of Act of 2010
	5. Section 25 of the Act of 2010 is amended—
	(a) in subsection (1) by the substitution of the following for paragraph (d):
	“(d) subject to subsection (1A), a relevant independent legal practitioner,”,
	and
	(b) by the insertion, after subsection (1) of the following subsection:
	“(1A) A relevant independent legal practitioner shall be a designated person only as respects the carrying out of the services specified in the definition of ‘relevant independent legal practitioner’ in section 24(1).”.
		Amendment of section 33 of Act of 2010
	6 . Section 33(1) of the Act of 2010 is amended by the substitution of the following for paragraph (c):
	“(c) prior to carrying out any service for the customer, if, having regard to the circumstances, including—
	(i) the customer, or the type of customer, concerned,
	(ii) the type of any business relationship which the person has with the customer,
	(iii) the type of service or of any transaction or product in respect of which the service is sought,
	(iv) the purpose (or the customer’s explanation of the purpose) of the service or of any transaction or product in respect of which the service is sought,
	(v) the value of any transaction or product in respect of which the service is sought,
	(vi) the source (or the customer’s explanation of the source) of funds for any such transaction or product,
	the person has reasonable grounds to suspect that the customer is involved in, or the service, transaction or product sought by the customer is for the purpose of, money laundering or terrorist financing, or”.
		Amendment of section 34 of Act of 2010
	7. Section 34 of the Act of 2010 is amended by the substitution of the following for subsection (1):
	“(1) A designated person is not required to apply the measures specified in section 33(2) if the designated person, having taken such measures as are necessary to establish if the customer is a specified customer or the product is a specified product, is satisfied that—
	(a) the customer is a specified customer, or
	(b) the product is a specified product.”.
		Amendment of section 36 of Act of 2010
	8. Section 36 of the Act of 2010 is amended by the substitution of the following for subsection (1):
	“(1) A designated person is not required to apply the measures specified in section 35(1) if the designated person, having taken such measures as are necessary to establish if the customer is a specified customer or the product is a specified product, is satisfied that—
	(a) the customer is a specified customer, or
	(b) the product is a specified product.”.
		Amendment of section 37 of Act of 2010
	9. Section 37 of the Act of 2010 is amended—
	(a) by the substitution of the following for subsection (4):
	“(4) If a designated person knows or has reasonable grounds to believe that a customer residing in a place outside the State is, or has become, a politically exposed person or an immediate family member or close associate of a politically exposed person, the designated person shall—
	(a) ensure that approval is obtained from senior management of the designated person before a business relationship is established or continued with the customer,
	(b) determine the source of wealth and of funds for the following transactions—
	(i) transactions the subject of any business relationship with the customer that are carried out with the customer or in respect of which a service is sought, or
	(ii) any occasional transaction that the designated person carries out with, for or on behalf of the customer or that the designated person assists the customer to carry out,
	and
	(c) apply such additional measures in the course of monitoring the business relationship with the customer in accordance with section 35(3) (including monitoring of the source of wealth and funds), that the designated person considers to be warranted by the risk of money laundering or terrorist financing.”,
	and
	(b) in subsection (6)—
	(i) by the substitution of “is, or has become, a politically exposed person” for “is a politically exposed person”, and
	(ii) by the substitution of “subsection (4)(a), (b) and (c)” for “subsection (4)(a) and (b)”.
		Amendment of section 39 of Act of 2010
	10. The Act of 2010 is amended by the substitution of the following for section 39:
	“Enhanced due diligence in cases of heightened risk
	39. Where a designated person has reasonable grounds to believe that the circumstances relating to a customer, beneficial owner, service, product or transaction may present a heightened risk of money laundering or terrorist financing, the designated person shall, as respects that customer or beneficial owner, apply additional measures to those specified in this Chapter.”.
		Amendment of section 54 of Act of 2010
	11. Section 54(3) of the Act of 2010 is amended—
	(a) in paragraph (a) by the substitution of “terrorist financing,” for “terrorist financing, and”,
	(b) in paragraph (b) by the substitution of “facilitate anonymity,” for “acilitate anonymity.”, and
	(c) by the insertion after paragraph (b) of the following:
	“(c) measures to be taken to keep documents and information relating to the customers of that designated person up to date,
	(d) additional measures to be taken in accordance with...