SECTION |
TITLE |
|
ARRANGEMENT OF SECTIONS [...Title substituted
by Act 2922_022A_054_20221229 by way of unmarked omission and marked insertion - was entitled "INDEX"] |
1. |
Definitions |
1A. |
Application of Act when in conflict
with
other laws [...inserted
by Act 2008_011_002_20080827] |
|
CHAPTER
1. FINANCIAL INTELLIGENCE
CENTRE |
2. |
Establishment |
3. |
Objectives |
4. |
Functions |
5. |
General powers |
6. |
Appointment of Director |
7. |
Removal from office |
8. |
Acting Director |
9. |
Proof of appointment |
10. |
Responsibilities of Director |
11. |
Staff |
12. |
Security screening of staff of
Centre
other than Director |
13. |
Security screening of Director of
Centre |
14. |
Funds and financial year of Centre |
15. |
Audit |
16. |
Delegation |
|
CHAPTER
2. ... [...Title amended by
Act 2008_011_005_20080827
- was
entitled "MONEY LAUNDERING ADVISORY COUNCIL"] [ ...repealed by Act
2017_001_005_20170502 - was entitled "CHAPTER 2. COUNTER-MONEY
LAUNDERING ADVISORY COUNCIL"] |
17. |
... [...repealed by Act
2017_001_005_20170502 - was entitled "Establishment"] |
18. |
... [...repealed by Act
2017_001_005_20170502 - was entitled "Functions"] |
19. |
... [...repealed by Act
2017_001_005_20170502 - was entitled "Composition"] |
20. |
... [...repealed by Act
2017_001_005_20170502 - was entitled "Meetings and procedure"] |
|
CHAPTER
3. MONEY LAUNDERING, FINANCING OF TERRORIST AND
RELATED ACTIVITIES AND FINANCIAL SANCTIONS CONTROL MEASURES
[...Title amended by Act
2004_033_027_20050211 Sch - was
entitled “CHAPTER 3. MONEY LAUNDERING CONTROL
MEASURES”] [...Title
amended by
Act 2017_001_006_20170502 - was entitled "CHAPTER 3. CONTROL MEASURES
FOR MONEY LAUNDERING AND FINANCING OF TERRORIST AND RELATED
ACTIVITIES"] |
|
Part
1. Customer due diligence [...Title
amended by
Act 2017_001_007_20170502 - was entitled "Duty to identify clients"] |
20A. |
Anonymous clients and clients acting
under false or fictitious names [...inserted by Act
2017_001_008_20170502] |
21. |
Identification of clients and other
persons |
21A. |
Understanding and obtaining
information on business relationship [...inserted by Act
2017_001_010_20170502] |
21B. |
Additional due diligence measures
relating to legal persons, trusts and partnerships [...inserted by Act
2017_001_010_20170502] |
21C. |
Ongoing due diligence [...inserted by Act
2017_001_010_20170502] |
21D. |
Doubts
about veracity of previously obtained information and when reporting suspicious and unusual transactions [...inserted
by Act
2017_001_010_20170502] [... Title amended by Act
2022_022A_024_20221229 - was entitled "Doubts about veracity of
previously obtained information"] |
21E. |
Inability
to conduct customer due diligence [...inserted by Act
2017_001_010_20170502] |
21F. |
Foreign politically exposed person [...inserted by Act
2017_001_010_20170502] [... Title amended by Act 2022_022A_025_20221229 - was entitled "Foreign prominent public official"] |
21G. |
Domestic politically exposed person and prominent influential person [...inserted by Act
2017_001_010_20170502] [... Title amended by Act 2022_022A_026_20221229 - was entitled "Domestic prominent influential person"] |
21H. |
Family
members and known close associates [...inserted by Act
2017_001_010_20170502] |
|
Part
2. Duty to keep record |
22. |
Obligation to keep customer due
diligence records [...Title
substituted by Act 2017_001_011_20170502 by way of unmarked omission -
was entitled "Record to be kept of business relationship and
transactions"] |
22A. |
Obligation
to keep transaction records [...inserted by Act
2017_001_012_20170502] |
23. |
Period for which records must be kept |
24. |
Records may be kept in electronic
form [
and ] by third parties [...Title amended by Act
2017_001_014_20170502 - was entitled "Records may be kept by third parties"] |
25. |
Admissibility of records |
26. |
... [...repealed by Act
2017_001_016_20170502 - was entitled "Centre's access to
records"] |
|
Part
2A. Financial sanctions [...inserted by Act
2017_001_017_20170502] |
26A. |
Notification of persons and entities
identified by Security Council of the United Nations [...inserted
by Act 2017_001_017_20170502] |
26B. |
Prohibitions
relating to persons and entities identified by Security Council of the
United Nations [...inserted
by Act 2017_001_017_20170502] |
26C. |
Permitted financial services and
dealing with property [...inserted
by Act 2017_001_017_20170502] |
|
Part
3. Reporting duties and access
to
information |
27. |
Accountable institutions, reporting
institutions and persons subject to reporting obligations to advise
Centre
of clients [...Title amended
by Act 2017_001_018_20170502 - was entitled "Accountable institutions to advise Centre of clients"] |
27A. |
Powers
of access by authorised representative to records of accountable institutions
[...inserted
by Act 2017_001_019_20170502] [...Title
amended by Act 2022_022A_031_20221229 - was entitled "Powers of access
by authorised representative to records in respect of reports required
to be submitted to Centre"] |
28. |
Cash transactions above prescribed
limit |
28A |
Property associated with terrorist
and
related activities and financial sanctions pursuant to Resolutions of
United Nations Security Council [...inserted
by Act 2004_033_000_20050211] [...Title amended
by Act 2017_001_020_20170602 - was entitled "Property associated with
terrorist and related activities"] |
29. |
Suspicious and unusual transactions |
30. |
Conveyance of cash to or from
Republic |
31. |
Electronic transfers of money to or
from
Republic |
32. |
Reporting procedures and furnishing
of
additional information |
33. |
Continuation of transactions |
34. |
Intervention by Centre |
35. |
Monitoring orders |
36. |
Information held by supervisory
bodies and
South African Revenue Service |
37. |
Reporting duty and obligations to
provide
information not affected by confidentiality rules |
38. |
Protection of persons making reports |
39. |
Admissibility as evidence of reports
made
to Centre |
40. |
Access to information held by Centre |
41. |
Protection of confidential
information |
41A. |
Protection of personal information [...inserted by Act
2017_001_026_20170502] |
|
Part
4. Measures to promote
compliance by
accountable institutions |
42. |
Risk Management and Compliance
Programmes [...Title amended by Act
2017_001_027_20170502 - was entitled "Formulation and implementation of
internal rules"] |
42A. |
Governance of anti-money laundering
and counter terrorist financial compliance [...inserted by Act
2017_001_028_20170502] |
42B. |
Consultation process for issuing
guidance [...inserted by Act
2017_001_028_20170502] |
43. |
Training relating to anti-money
laundering and counter terrorist financing compliance [...Title amended by Act
2017_001_029_20170502 - was entitled "Training and monitoring of
compliance"] |
43A. |
Directives [...inserted
by Act
2008_011_014_20080827] |
43B. |
Registration by accountable
institution
and reporting institution [...inserted
by Act 2008_011_014_20080827] |
|
Part
5. Referral and supervision |
44. |
Referral of suspected offences to
investigating authorities and other public bodies |
45. |
Responsibility for supervision of
accountable institutions |
|
CHAPTER
4. OFFENCES AND PENALTIES [...Title amended by Act 2008_011_016(a)_20080827 - was entitled
"OFFENCES AND PENALTIES"] |
45A. |
Appointment of inspectors [...inserted by Act
2008_011_014_20090827] |
45B. |
Inspections [...inserted
by Act
2008_011_014_20080827] |
45C. |
Administrative sanctions [...inserted by Act
2008_011_014_20090827] |
45D. |
Appeals [...inserted
by Act
2008_011_014_20090927] |
45E. |
Establishment of appeal board [...inserted by Act
2008_011_014_20090827] |
45F. |
Application to court [...inserted by Act
2008_011_014_20080827] |
46. |
Failure to identify persons |
46A. |
Failure to comply with duty in
regard to customer due diligence [...inserted by Act
2017_001_036_20170502] |
47. |
Failure to keep records |
48. |
Destroying or tampering with records |
49. |
Failure to give assistance |
49A. |
Contravention
of prohibitions relating to persons and entities identified by Security
Council of United Nations [...inserted by Act
2017_001_039_20170502] |
50. |
Failure to advise Centre of client |
51. |
Failure to report cash transactions |
51A. |
Failure
to report property associated with terrorist and related activities and
financial sanctions pursuant to Resolutions of United Nations Security
Council [...inserted
by Act
2008_011_017_20080827] [...Title amended by Act 2017_001_042_20170502 - was
entitled "Failure to report property associated with terrorist and
related activities"] |
52. |
Failure to report suspicious or
unusual
transactions |
53. |
Unauthorised disclosure |
54. |
Failure
to report conveyance of cash or bearer negotiable instrument into or
out of Republic [...Title amended by 2008_011_018_20080827 - was
entitled "Failure to report conveyance of cash
into or out of Republic] |
55. |
Failure to send report to Centre |
56. |
Failure to report electronic
transfers |
57. |
Failure to comply with request |
58. |
Failure to comply with direction of
Centre [...Title amended by Act
2008_011_021_20080827 - was
entitled "Failure
to comply with direction by Centre"] [...Title amended by Act
2017_001_044_20170502 - was entitled "Failure to comply with directives" |
59. |
Failure to comply with monitoring
order |
60. |
Misuse of information |
61. |
Failure to comply with duty in
respect of Risk Management and Compliance Programme [...Title amended by Act
2017_001_046_20170502 - was entitled "Failure to formulate and
implement internal rules"] |
61A. |
Failure to register with Centre
[...inserted
by Act
2008_011_023_20080827] |
61B. |
Failure to comply with duty in
regard to governance [...inserted
by Act 2017_001_047_20170502] |
62. |
Failure to provide training [...Title amended by Act
2017_001_048_20170502 - was entitled "Failure to provide training or
appoint compliance officer"] |
62A. |
Offences relating to inspection [...inserted by Act
2008_011_024_20080827] |
62B. |
Hindering or obstructing appeal
board [...inserted
by Act
2008_011_024_20080827] |
62C. |
Failure to attend when summoned [...inserted by Act
2008_011_024_20080827] |
62D. |
Failure to answer fully or
truthfully [...inserted
by Act
2008_011_024_20080827] |
62E. |
Failure to comply with directives of
Centre or supervisory body [...inserted
by Act 2017_001_049_20170502] |
63. |
Obstructing of official in
performance of
functions |
64. |
Conducting transactions to avoid
reporting
duties |
65. |
... [... deleted by Act 2020_019_058_20210601 Sch - was entitled "Unauthorised access to computer
system or
application or data"] |
66. |
... [... deleted by Act 2020_019_058_20210601 Sch - was entitled "Unauthorised modification of
contents of
computer system"] |
67. |
... [... deleted by Act 2020_019_058_20210601 Sch - was entitled "Definitions"] |
68. |
Penalties |
69. |
Defences |
70. |
Search, seizure and forfeiture |
71. |
Jurisdiction of courts |
|
CHAPTER
5. MISCELLANEOUS |
72. |
Act not to limit powers of
investigating
authorities or supervisory bodies |
73. |
Amendment of list of accountable
institutions |
74. |
Exemptions for accountable
institutions |
75. |
Amendment of list of supervisory
bodies |
76. |
Amendment of list of reporting
institutions |
77. |
Regulations |
77A. |
Arrangements for consultation with
stakeholders [...inserted
by Act 2017_001_057_20170502] |
78. |
Indemnity |
79. |
Amendment of laws |
79A. |
Amendment of list of domestic politically exposed persons [...inserted by Act
2017_001_058_20170502] [...Title amended by Act 2022_022A_047_20221229 - was entitled 'Amendment of list of domestic prominent influential persons"] |
79B. |
Amendment of list of foreign politically exposed persons [...inserted by Act
2017_001_058_20170502] [...Title amended by Act 2022_022A_048_20221229 - was entitled 'Amendment of list of foreign prominent public officials"] |
79C. | Amendment of list of prominent influential person [...inserted by Act 2022_022A_049_20221229] |
80. |
Status of footnotes |
81. |
Transitional arrangements |
82. |
Short title and commencement |
Sch. 1. |
SCHEDULE
1. LIST OF ACCOUNTABLE
INSTITUTIONS [s1] |
Sch. 2. |
SCHEDULE
2. LIST OF SUPERVISORY
BODIES [s1] |
Sch. 3. |
SCHEDULE
3. LIST OF REPORTING
INSTITUTIONS [s1] |
Sch. 3A. |
SCHEDULE
3A. DOMESTIC POLITICALLY EXPOSED PERSON [s1; s79A] [...inserted by Act 2017_001_059_20170402] [...Title amended by Act 2022_022A_051_20221229 - was entitled 'SCHEDULE 3A. DOMESTIC PROMINENT INFLUENTIAL PERSON"] |
Sch. 3B. |
SCHEDULE
3B. FOREIGN POLITICALLY EXPOSED PERSON [s1; s79B] [...inserted by Act 2017_001_059_20170402] [...Title amended by Act 2022_022A_052_20221229 - was entitled 'SCHEDULE 3B. FOREIGN PROMINENT PUBLIC OFFICIAL"] |
Sch. 3c. | SCHEDULE
3C. PROMINENT INFLUENTIAL PERSON [s1; s18; s49; s54] [... inserted by Act 2022_022A_053_20221229] |
Sch. 4. |
SCHEDULE
4. [sic - actual title of Sch4 is not as indexed in TOC] [s79] |