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

Chapter 3 : Money Laundering, Financing of Terrorist and Related Activities and Financial Sanctions Control Measures

Part 3 : Reporting duties and access to information

40. Access to information held by Centre

 

(1) Subject to this section, the Centre must make information reported to it, or obtained by it under this Part and information generated by its analysis of information so reported or obtained, available to—
(a) an investigating authority in the Republic;
(aA) the National Prosecuting Authority;
(aB) the Independent Police Investigative Directorate;
(aC) an intelligence service;
(aD) the Intelligence Division of the National Defence Force;
(aE) a Special Investigating Unit;
(aF) an investigative division in an organ of state;
(aG) the Public Protector; or
(aH) the South African Revenue Service;
(b) an entity outside the Republic performing similar functions to those of the Centre, or an investigating authority outside the Republic;
(d) a person who is entitled to receive such information in terms of an order of a court; or
(e) a person who is entitled to receive such information in terms of other national legislation.

 

(1A) Information contemplated in subsection (1) may only be made available to an entity referred to in subsection (1)(a), (aA), (aB), (aC), (aD), (aE), (aF), (aG) or (aH)—
(a) at the initiative of the Centre or at the request of an authorised officer of the entity; and
(b) if the Centre reasonably believes such information is required to investigate suspected unlawful activity.

 

(1B) Information contemplated in subsection (1) may only be made available to an entity or authority referred to in subsection (1)(b)—
(a) at the initiative of the Centre or at the request of the entity or authority; and
(b) if the Centre reasonably believes such information is relevant to the identification of the proceeds of unlawful activities or the combating of money laundering or financing of terrorist and related activities or similar offences in the country in which the entity or authority is established.

 

(1C) Information contemplated in subsection (1) may only be made available to a supervisory body referred to in subsection (1)(d)—
(a) at the initiative of the Centre or at the request of the supervisory body; and
(b) if the Centre reasonably believes such information is relevant to the exercise by the supervisory body of its powers or performance by it of its functions under any law.

 

(2) A request for information contemplated in subsection (1A) or (1C) must be in writing and must specify the required information and the purpose for which the information is required.

 

(3) The Director may, as a condition to the provision of any information contemplated in subsection (1), make the reasonable procedural arrangements and impose the reasonable safeguards regarding the furnishing of such information that the Director considers appropriate to maintain the confidentiality of that information before the information is provided.

 

(4) Information contemplated in subsection (1) may only be provided to an entity or authority referred to in subsection (1)(b) pursuant to a written agreement between the Centre and the entity or the authority which is responsible for the entity or authority, regulating the exchange of information between the Centre and the entity or authority.

 

(5) An agreement referred to in subsection (4) does not—
(a) take effect until it has been approved in writing by the Minister;
(b) permit the Centre to provide any category of information to the entity or authority in respect of which the agreement is concluded which the entity or authority is not permitted to provide to the Centre.

 

(6) A person who obtains information from the Centre may use that information only—
(a) within the scope of that person’s powers and duties; and
(b) in the case of a request contemplated in subsection (2), for the purpose specified in that request.

 

(7) The Centre may make available any information obtained by it during an inspection to an organ of state, a supervisory body, other regulatory authority, self-regulating association or organisation which the Centre reasonably believes is affected by or has an interest in that information.

 

(8) The Centre must make information it holds available to the appropriate National Intelligence Structure, as defined in section 1 of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994), if it reasonably believes that the information relates to any potential threat or threat to the national security, as defined in section 1 of that Act.

[Section 40(8) inserted by section 25 of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]

 

(9) The Centre may, at the initiative of the Centre or on written request, disclose information it holds, other than information contemplated in subsections (1), (7) and (8), to an accountable institution or class of accountable institutions or any other person unless the Centre reasonably believes that the disclosure may—
(a) inhibit the achievement of the Centre’s objectives or the performance of its functions, or the achievement of the objectives or the performance of the functions of another organ of state; or
(b) prejudice the rights of any person.

[Section 40(9) inserted by section 25 of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]

 

[Section 40 substituted by section 25 of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]