The Criminal Justice Act 2013

Author:Ms Orla O'Connor and Robert Cain
Profession:Arthur Cox
 
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The offence of money laundering, and the associated anti-money laundering ("AML") measures are set out in the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (the "2010 Act") which implemented the Third EU Money Laundering Directive (Directive 2005/60/EC) (the "3AMLD") into Irish law. The 3AMLD gave effect to certain recommendations of the international Financial Action Task Force ("FATF"). Ireland had previously been the focus of criticism by FATF which, in its June 2006 'mutual evaluation report', rated Ireland as only partiallycompliant with certain core and key FATF recommendations (therefore placing Ireland in a 'follow up process'). Further, the date on which the 2010 Act was enacted (15 July 2010) was more than two years after the implementation deadline set by the 3AMLD.

FATF published a revised set of recommendations in February 2012 and the European Commission (the "Commission") published a review of the 3AMLD in April 2012. FATF's intention is to evaluate the conformity of jurisdictions to those revised recommendations towards the end of 2013. As a result, on 31 January 2013, the Minister for Justice published the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2013 (the "Bill") (the heads of which had been published in 2012), designed to amend certain provisions of the 2010 Act for the purposes of:

enabling Ireland to enhance its cooperation with the FATF recommendations, and reflecting experience gained since the introduction of the 2010 Act As it proceeded through the Houses of the Oireachtas, the name of the Bill was changed to the Criminal Justice Bill 2013 as the Minister for Justice, Equality and Defence (the "Minister") incorporated additional provisions, unrelated to AML, into the Bill (as a new Part 3) dealing with the cessation of mobile communications services in response to serious threats.

Enactment

The Bill was signed into law by the President as the Criminal Justice Act 2013 (Act No. 19 of 2013) on 12 June 2013 (the "2013 Act"). Part 2 of the 2013 Act sets out the amendments to the 2010 Act and the majority of the provisions of Part 2 took effect from 14 June 2013 (see the paragraph entitled 'Commencement' below).

Changes introduced by the 2013 Act

Definition of "occasional transaction":

The 2013 Act amends the definition of "occasional transaction" so that, where there is no business relationship between the customer and the designated person:

where the designated person is a private members' gaming...

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