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Financial Intelligence Centre Act, 2001

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To establish a Financial Intelligence Centre and a Counter-Money Laundering Advisory Council in order to combat money laundering activities and the financing of terrorist and related activities; to impose certain duties on institutions and other persons who might be used for money laundering purposes and the financing of terrorist and related activities; to clarify the application of the Act in relation to other laws; to provide for the sharing of information by the Centre and supervisory bodies; to provide for the issuance of directives by the Centre and supervisory bodies; to provide for the registration of accountable and reporting institutions; to provide for the roles and responsibilities of supervisory bodies; to provide for written arrangements relating to the respective roles and responsibilities of the Centre and supervisory bodies; to provide the Centre and supervisory bodies with powers to conduct inspections; to regulate certain applications to Court; to provide for administrative sanctions that may be imposed by the Centre and supervisory bodies; to establish an appeal board to hear appeals against decisions of the Centre or supervisory bodies; to amend the Prevention of Organised Crime Act, 1998, and the Promotion of Access to Information Act, 2000; and to provide for matters connected therewith.

 

Last update: August 2023


Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996


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Latest Developments:

 

The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), has been updated with the Commencement of section 6 (Chapter 3 Heading) and section 43 (Section 56 of principle Act) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017) - effective 18 August 2023, as per Notice No. 3803 of GG49140, dated 18 August 2023.

 

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022), has updated and made Amendments to:

Nonprofit Organisations Act 1997,

Financial Intelligence Centre Act 2001,

Companies Act 2008, and

Financial Sector Regulations Act 2017 : (effective 31 December 2022 per proclamation 109 of 2022 section (a)) as per Notice No. 1532 of GG47802, dated 29 December 2022.

 

The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), has been updated with the Commencement of Sections 31 and 56 of Financial Intelligence Centre Act, 2001, as per Proclamation Notice 111 of GG47883, dated 20 January 2023.

 

The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), has been updated with Amendment of Money Laundering & Terrorist Financing Control Regulations under Notice No. R.1595 of 2002, as per Notice No. 2943 of GG47883, dated 20 January 2023.

 

The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), has been updated with Amendments to Schedules 1, 2 and 3 of the Main Act, as per Notice No. 2800 of GG47596, dated 29 November 2022.

 

The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), has been updated with a Notice of Adoption of Resolution on Haiti by Security Council of United Nations, as per Notice No. 2691 of GG47412, dated 31 October 2022.

 

The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), has been updated with Amendments to Money Laundering & Terrorist Financial Control Regulations 2002 Under notice R.1595 of 20 December 2002-Effective 14 November 2022, as per Notice No. 2638 of GG47302, dated 14 October 2022.

 

The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), has been updated with Directive No. 1 of 2022- Directive for conduct within the national payment system in respect of the Financial Action Task Force Recommendations for electronic funds transfers-Effective 15 August 2022, as per Notice No. 2291 of GG47019, dated 15 July 2022.

 

The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) has been amended as per Schedule 4 of the Financial Sector Regulation Act, 2017. Gazette Number 41549 - Notice 169 dated 29 March 2018.

 

The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) has been amended by Commencement of Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017), Notice No. 563, Government Gazette 40916, dated 13 June 2017.

 

The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) has been amended by the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017), Notice No. 563, Government Gazette 40916, dated 13 June 2017.

 

The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) has been amended by General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013), Government Gazette 36695, Notice No. 528, dated 23 July 2013.

 

This Act has been updated with amendments in Notices No. 1104 and No. 1105 in Government Gazette No. 33781 dated 26 November 2010.

 

This Act has been updated with Exemption Notices – No. 454 in Government Gazette No. 33211 dated 28 May 2010, No. 471 in Government Gazette No. 33241 dated 4 June 2010, and No. 560 in Government Gazette No. 33309 of June 2010.

 

This Act has been updated by two Government Notices No. 1354 in Gazette No. 27011 of November 2004 and No. 1035 in Gazette No. 29299 of October 2006 – Second and Third Reporting Exemptions.

 

This Act has been updated with "Guidance for Banks on Customer Identification and Verification and Related Matters" – Government Notice No. 715 published in Government Gazette No. 27803 dated 18 July 2005.

 

This Act has been amended by the Financial Intelligence Centre Amendment Act, 2008 (Act No. 11 of 2008) as printed in Government Gazette No. 31365 dated 27 August 2008.

 

The Act has been amended by:

Notice No. 735 in Government Gazette No. 26469 dated 18 June 2004, being :"guidance to Financial Services Industries"; and

"Amendment of Regulations" in Notice No. R456 printed in Government Gazette No. 27580 dated 20 May 2005.

 

The Financial Intelligence Centre Act (Act 38 of 2001) as published in Government Gazette No. 22886 dated 3 December 2001, has been added to the site.

The Regulations to this Act as published in Government Gazette No. 24176 dated 20 December 2002 have been added to the Act.