To achieve its objectives the Centre must—
| (a) |
process, analyse and interpret information disclosed to it, and obtained by it, in terms of this Act; |
| (aA) |
where appropriate, initiate analysis based on information in its possession or information received other than by means of reports made to it under Part 3 of Chapter 3; |
[Paragraph (aA) inserted by section 3(a) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (b) |
inform, advise and co-operate with— |
| (i) |
an investigating authority; |
| (ii) |
the National Prosecuting Authority; |
| (iii) |
an intelligence service; |
| (v) |
the Independent Police Investigative Directorate; |
| (vi) |
the Intelligence Division of the National Defence Force; |
| (vii) |
a Special Investigating Unit; |
| (viii) |
the Public Protector; |
| (x) |
a supervisory body; or |
[Paragraph (b)(ix) and (x) substituted by section 20(a) of the General Laws (Anti-Money Laundering & Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022) Notice No. 1532, GG47802, dated 29 December 2022 - effective 31 December 2022 per Proclamation Notice 109 (a), GG47805, dated 31 December 2022]
[Paragraph (b)(xi) inserted by section 20(a) of the General Laws (Anti-Money Laundering & Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022) Notice No. 1532, GG47802, dated 29 December 2022 - effective 31 December 2022 per Proclamation Notice 109 (a), GG47805, dated 31 December 2022]
| (c) |
monitor and give guidance to accountable institutions, supervisory bodies and other persons regarding the performance and compliance by them of their duties and obligations in terms of this Act or any directive made in terms of this Act; |
[Paragraph (c) substituted by section 4(a) of the Financial Intelligence Centre Amendment Act, 2008 (Act No. 11 of 2008)]
| (cA) |
provide information and guidance to persons that will assist in meeting requirements to freeze property and transactions pursuant to resolutions adopted by the Security Council of the United Nations contemplated in section 26A; |
[Paragraph (cA) substituted by section 20(b) of the General Laws (Anti-Money Laundering & Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022) Notice No. 1532, GG47802, dated 29 December 2022 - effective 31 December 2022 per Proclamation Notice 109 (a), GG47805, dated 31 December 2022]
| (d) |
retain the information referred to in paragraph (a) in the manner and for the period required by this Act; |
| (e) |
annually review the implementation of this Act and submit a report that includes information that is necessary to demonstrate the implementation of the Act, to the Minister; |
[Paragraph (e) substituted by section 20(c) of the General Laws (Anti-Money Laundering & Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022) Notice No. 1532, GG47802, dated 29 December 2022 - effective 31 December 2022 per Proclamation Notice 109 (a), GG47805, dated 31 December 2022]
| (f) |
implement a registration system in respect of all accountable institutions and reporting institutions; and |
[Paragraph (f) substituted by section 4(b) of the Financial Intelligence Centre Amendment Act, 2008 (Act No. 11 of 2008)]
| (g) |
supervise and enforce compliance with this Act or any directive made in terms of this Act by accountable institutions, reporting institutions and other persons to whom the provisions of this Act apply that— |
| (i) |
are not supervised by a supervisory body in terms of this Act; |
| (ii) |
are supervised by a supervisory body in terms of this Act, if that supervisory body fails to enforce compliance despite any recommendation of the Centre made in terms of section 44(b). |
[Paragraph (g) substituted by section 20(d) of the General Laws (Anti-Money Laundering & Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022) Notice No. 1532, GG47802, dated 29 December 2022 - effective 31 December 2022 per Proclamation Notice 109 (a), GG47805, dated 31 December 2022]
Public Service Commission Act, 1997
