About Us

The Minister for Justice is a Competent Authority under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended (“CJA 2010 as amended”). Under S.108, the Minister has delegated the Minister’s competent authority functions in Chapters 8 and 9 of the CJA 2010 as amended to the Anti-Money Laundering Compliance Unit (AMLCU) in the Department. The AMLCU which comprises of a team of regulatory investigators and administrative staff and management was established following the enactment of the CJA 2010 as amended.

Money Laundering is the process by which criminals attempt to conceal the illicit origin and ownership of the proceeds of their unlawful activities. This process can involve the use of legitimate businesses and service providers, often without their knowledge or consent.

Terrorist financing is commonly defined as the provision, collection or receipt of funds with the intent or knowledge that the funds will be used to carry out an act of terrorism or any act intended to cause death or serious bodily injury. “Terrorist financing” means an offence under Section 13 of the Criminal Justice Act 2005. This offence and definition applies to the CJA 2010 as amended.

The CJA 2010 as amended provides for the monitoring and supervision of designated persons to ensure compliance with their statutory obligations. Under the CJA 2010 as amended, a number of Competent Authorities are prescribed at section 60 as supervisors for their Designated Persons.

The AMLCU is responsible for supervising those designated persons who are not subject to supervision by another competent authority. These include:

  • High Value Goods Dealers (HVGDs) i.e. entities who accept cash payments of €10,000 or more. This can be in one transaction or a series of linked transactions.

  • Tax Advisors not otherwise supervised

  • External Accountants (including bookkeepers) (that are not a member of any of the following Designated Accountancy Bodies (DABs): Association of Chartered Certified Accountants (ACCA), Chartered Institute of Management Accountants (CIMA), Association of International Accountants (AIA), The Institute of Certified Public Accountants (CPA), Chartered Accountants of Ireland (CAI), Chartered Institute of Public Finance and Accountancy (CIPFA)

    • Gambling Service Providers including Bookmakers (both retail and remote) and OnCourse Bookmakers and Private Members Clubs (PMCs) at which gambling is carried on
  • Art Traders and Art Intermediaries (who are trading in art but only in respect of transactions of a total value of at least €10,000 in a single or linked transactions)

  • Notaries Public

  • Trust or Company Service Providers (TCSPs) (not supervised by the Central Bank or the DABs.)

The AMLCU must also authorise TCSPs, and register PMCs, and ensure that all directors/principals and beneficial owners have been vetted.

Further detail on all of the above-listed designated persons can be found on the home page of this website under the relevant heading.

The CJA 2010 as amended, places a number of obligations on the Designated Persons to guard against their business or services being used for money laundering or terrorist financing purposes. The AMLCU monitors compliance with these obligations by a variety of means. These include inspections -both announced and unannounced- by regulatory investigators who have been appointed as authorised officers under the CJA 2010 as amended. The regulatory investigator may be accompanied by other authorised officers, by a member of An Garda Síochána or by such other persons as the authorised officer reasonably considers appropriate.

There are a number of powers conferred on the Authorised Officer by virtue of Section 77 of the Act. These include the right to:

  • Inspect documents and materials considered relevant to the inspection

  • Require a person in charge to produce materials

  • Require a person in charge to produce materials

  • Take copies or print outs of any documents or electronic information; or uplift original documents if considered necessary

  • Require assistance in accessing any information held on any data or storage systems including electronic and computing systems

  • Secure the premises if necessary for later inspection

Under S.80 of the CJA 2010 as amended, a person commits an offence where they obstruct or interfere with an officer in the exercise of their powers, or if they fail to comply with a requirement or request made by the officer under S.77 of the CJA 2010 as amended. This could result in a liability, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months (or both).

Should breaches of the Act be identified and/or a legal direction issued under Section 71 of the Act is not be abided by, criminal prosecution may follow potentially resulting in fines and/or imprisonment, as outlined in the relevant sections of the Act.

 

***Please be aware of bogus operators purporting to be the AMLCU sending requests for information and/or requesting transfer of money to third parties. The AMLCU does not make such requests.

 

If you are concerned that you have been the victim of a fraud, please contact An Garda Síochána. Should you have any queries please contact the AMLCU at antimoneylaundering@justice.ie. ***