Money laundering

Introduction

Money laundering is the processing of criminal proceeds (cash and assets obtained from criminal activities) to disguise their illegal origin. It is a world-wide problem and governments have been taking major steps in recent years to combat it.

Money laundering has been treated as a very serious offence since the passing of the Criminal Justice Act in 1994. The Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 to 2021 updated Irish anti-money laundering and terrorist financing legislation and brought it in line with the requirements of EU legislation to prevent money laundering.

Ireland is also obliged to implement certain recommendations of the Financial Action Task Force (FATF) the international anti-money laundering and anti-terrorist financing body.

The Central Bank of Ireland has an explainer on the rules to prevent money laundering and terrorist financing.

Rules

What is a money laundering offence?

Section 7 of the 2010 Act defines a money laundering offence in terms of property that is the "proceeds of criminal conduct".

Money laundering offences are committed where a person knows or believes (or is reckless as to whether or not) that the property represents the proceeds of criminal conduct and the person is involved in:

  • Concealing or disguising the true nature, source, location, disposition, movement or ownership of the property
  • Converting, transferring, handling, acquiring, possessing or using the property or
  • Removing the property from, or bringing the property into, the State

What is a “designated person”?

The Act places obligations on designated persons to guard against their businesses being used for money laundering or terrorist financing purposes.

Section 25 of the 2010 Act defines the term ‘‘designated person’’ as any person working in Ireland in any of the following capacities:

  • A credit or a financial institution (this includes funds and fund service providers, money lenders, insurance companies, money transmission or bureaux de change businesses, An Post and virtual asset service providers) unless specifically excepted
  • An auditor, external accountant, tax adviser or any person who professionally provides assistance or advice on tax matters
  • A relevant independent legal professional
  • A trust or company service provider
  • A property service provider, where the monthly rent handled exceeds €10,000
  • A casino
  • A person who directs a private members club at which gambling activities are carried out
  • A person trading in goods in respect of transactions involving the receipt of cash of at least €10,000, whether in one transaction or in a series of transactions that are or appear to be linked to each other
  • A person trading in works of art involving more than €10,000 (or acting as an intermediary in such trading), whether in one transaction or in a series of transactions that are or appear to be linked to each other
  • A provider of gambling services, including bookmakers and online gambling companies
  • Any other person of a prescribed class

The 2010 Act also establishes a number of competent authorities who monitor designated persons and secure compliance with the requirements of the Act.

What are the obligations of designated persons?

Designated persons must:

  • Carry out risk assessments in respect to their business
  • Apply customer due diligence (for example, identify customers or beneficial owners),
  • Report suspicious transactions to An Garda Síochána (the Financial Intelligence Unit) and the Revenue Commissioners, and
  • Have specific procedures in place to prevent money laundering and terrorist financing

Customer due diligence obligations are designed to make it more difficult for businesses to be used by for criminal money laundering or terrorist financing.

The legislation on money laundering requires that if you open a bank account you will need to provide proof of your identity. You may also be asked other questions, for example, about the origin of funds and the nature of your business. You can visit the Competition and Consumer Protection Commission's website for more information on opening a bank account in Ireland.

Anti-Money Laundering Compliance Unit

The Anti-Money Laundering Compliance Unit (AMLCU) has been established within the Department of Justice. The AMCLU administers and monitors designated persons that are assigned by the Act to the Minister for Justice. These include:

  • Auditors, external accountants, and tax advisers who are not already supervised by a designated accountancy body, the Law Society of Ireland or the Legal Services Regulatory Authority
  • Trust or company service providers (if the person is a member of a designated accountancy body, the designated accountancy body will be the competent authority or if the provider is a credit or financial institution, the Central Bank of Ireland will be the competent authority)
  • A person who directs a private members club at which gambling activities are carried out
  • Any business trading in goods where cash payments of €10,000 are accepted. This sector is diverse and covers businesses from antique dealers, boat and car sales to dealers in precious stones and jewellers.
  • Bookmakers and many online gambling companies
  • A person trading in works of art involving more than €10,000 (or acting as an intermediary in such trading), whether in one transaction or in a series of transactions that are or appear to be linked to each other

Monitoring involves inspections of designated persons to ensure that they are meeting their requirements under the Act. These inspections are undertaken by authorised officers appointed by the Minister.

Penalties

A conviction on charges of money laundering carries a maximum penalty of 14 years imprisonment and or an unlimited fine.

It is also an offence for a person to provide advice or assistance to anyone engaged in money laundering.

Where to apply

Anti-Money Laundering Compliance Unit

Department of Justice

51 St. Stephen's Green
Dublin 2

Tel: (01) 602 8400
Homepage: https://www.amlcompliance.ie/
Email: antimoneylaundering@justice.ie

Tel: (01) 602 8400
Page edited: 31 May 2021