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Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

Chapter 1 : Financial Intelligence Centre

13. Security screening of Director of Centre

 

(1) No person may be appointed as the Director of the Centre unless—
(a) information with respect to that person has been gathered in a vetting investigation by the State Security Agency referred to in section 3 of the Intelligence Services Act, 2002 (Act No. 65 of 2002); and

[Section 13(1)(a) substituted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013]

(b) the Minister, after evaluating the gathered information, is satisfied that such person may be so appointed without the possibility that such person might be a security risk or that he or she might act in any manner prejudicial to the objectives or functions of the Centre.

 

(2) If the Minister is so satisfied, he or she must issue a certificate with respect to such person in which it is certified that such person has successfully undergone a security clearance.

 

(3) The Director may at any time determined by the Minister be subjected to a further security screening investigation as Contemplated in subsection (1)(a).

 

(4) The Minister may withdraw a certificate referred to in subsection (2) if the Minister obtains information from an investigation referred to in subsection (3) which, after evaluation by the Minister, causes the Minister to believe that the Director could be a security risk or could possibly act in any manner prejudicial to the objectives or functions of the Centre.

 

(5) If the certificate referred to in subsection (2) is withdrawn, the Director may not perform any functions of the Centre and the Minister must discharge him or her from the Centre.