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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 4 : Measures to promote compliance by accountable institutions

43A. Directives

 

(1)
(a) The Centre may, by notice in the Gazette, issue a directive to all institutions to whom the provisions of this Act apply—
(i) regarding the application of this Act; or
(ii) which reasonably may be required to give effect to the Centre’s objectives contemplated in section 3.
(b) The Centre may issue a directive in terms of paragraph (a) only after consulting with supervisory bodies on that directive.

[Section 43A(1) substituted by section 30(a) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]

 

(2) The Centre or a supervisory body may, in writing, issue a directive to any category of accountable institutions or category of reporting institutions or other category of persons to whom the provisions of this Act apply—
(a) regarding the application of this Act; or
(b) which reasonably may be required to give effect to the Centre's objectives contemplated in section 3.

[Section 43A(2) substituted by section 30(a) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]

 

(3) The Centre or a supervisory body may in writing, over and above any directive contemplated in subsection (1) or (2), issue a directive to any accountable institution, category of accountable institutions, reporting institution, category of reporting institutions or other person to whom the provisions of this Act apply, to—
(a) provide the Centre or that supervisory body, as the case may be—
(i) with the information, reports or statistical returns specified in the notice, at the time or at the intervals specified in the notice; and
(ii) within the period specified in the notice, with any document in its possession or custody or under its control;
(b) cease or refrain from engaging in any act, omission or conduct in contravention of this Act:
(c) perform acts necessary to remedy an alleged non-compliance with this Act; or
(d) perform acts necessary to meet any obligation imposed by this Act.

 

(4) The Centre or supervisory body may examine a document submitted to it in terms of subsection (3)(a) or make a copy thereof or part thereof.

 

(5) The costs incurred in complying with a directive must be borne by the accountable institution, reporting institution or person concerned.

 

(6)
(a) The Centre, in respect of any accountable institution or category of accountable institutions regulated or supervised by a supervisory body in terms of this Act or any other law, may issue a directive in accordance with subsections (2) and (3) only—
(i) if a supervisory body failed to issue a directive despite any recommendation of the Centre made in terms of section 44(b); or
(ii) after consultation with the relevant supervisory body; and

[Section 43A(6)(a) substituted by section 30(b) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]

(b) A supervisory body may issue a directive in terms of this section only after consulting the Centre on that directive.

 

(7)        Before the Centre of supervisory body concerned issues a directive, it must—

(a)        in the case of a directive in terms of—

(i) subsection (1), in the in the Gazette, give notice where a draft of the directive will be available and invite submissions;
(ii) subsection (2), publish a draft of the directive by appropriate means of publication and invite submissions; and

(b)        consider submissions received.

[Section 43A(7) inserted by section 30(c) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]

 

[Section 43A inserted by section 14 of the Financial Intelligence Centre Amendment Act, 2008 (Act No. 11 of 2008)]