Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021

Amendment of section 33 of Act of 2010

6. Section 33 (amended by section 11 of the Act of 2018) of the Act of 2010 is amended—

(a) in subsection (1)—

(i) in paragraph (e), by the substitution of “application, or” for “application.”, and

(ii) by the insertion of the following paragraph after paragraph (e):

“(f) at any time where the designated person is obliged by virtue of any enactment or rule of law, including the European Union (Administrative Cooperation in the Field of Taxation) Regulations 2012 ( S.I. No. 549 of 2012 ), to contact a customer for the purposes of reviewing any relevant information relating to the beneficial owner connected with the customer.”,

and

(b) in subsection (2)—

(i) in paragraph (a)—

(I) in subparagraph (i), by the deletion of “or” where it lastly occurs, and

(II) by the insertion of the following subparagraph after subparagraph (i):

“(ia) information from relevant trust services as specified in the Electronic Identification Regulation, or”,

and

(ii) in paragraph (b)—

(I) in subparagraph (i), by the deletion of “and”,

(II) in subparagraph (ii), by the substitution of “concerned, and” for “concerned.”, and

(III) by the insertion of the following subparagraph after subparagraph (ii):

“(iii) where the beneficial owner is the senior managing official referred to in Article 3(6)(a)(ii) of the Fourth Money Laundering Directive, a designated person shall take the necessary measures to verify the identity of that person and shall keep records of the actions taken to verify the person’s identity including any difficulties encountered in the verification process.”.