Criminal Justice (Miscellaneous Provisions) Act, 1997

Amendment of section 32 of Act of 1994.

14.—Section 32 of the Act of 1994 is hereby amended by the insertion of the following subsections:

“(9A) A designated body shall, in relation to the carrying on of its business, adopt measures to prevent and detect the commission of an offence under section 31 of this Act.

(9B) Measures adopted under subsection (9A) of this section shall include—

(a) the establishment of procedures to be followed by directors or other officers, and employees in the conduct of the business of the designated body,

(b) the giving of instructions to directors or other officers, and employees on the application of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering1 , and on the effect of Part IV of this Act and sections 57 and 58 of this Act, and

(c) the training of directors or other officers, and employees for the purpose of enabling them to identify transactions which may relate to the commission of an offence under section 31 of this Act, and the giving of instructions to them on how a director, other officer or employee should proceed once he or she, as the case may be, has identified such a transaction.

(9C) In subsection (9B) of this section references to ‘directors’, ‘officers’ or ‘employees’ shall be construed as references to directors, officers or employees, as the case may be, of a designated body.”.

1O.J. No. L 166/77, 28 June, 1991