It is the responsibility of financial institutions to establish and implant programmes, policies, procedures and controls that are necessary to prevent or detect money laundering. These include;
Under the Act, the ‘consent to perform a prohibited act’ prevents a protected disclosure from being considered a breach providing that
A financial institution or a regulated business that fails to make a report or comply with a disclosure order commits an offence and is liable upon conviction before a Resident Magistrate Court to a fine not exceeding $400,000.oo
A person who commits an offence to disclose information regarding transactions believed to be related to money laundering knowingly is liable on conviction before a Resident Magistrate Court to a fine not exceeding $1m , or imprisonment for a term not exceeding 12 months or both.
On conviction in a Circuit Court to a fine or imprisonment for a term not exceeding 10 years or to both fine and imprisonment.
Any information received by FID is treated with the strictest of confidentiality. An allegation of fraud should however be substantiated with some form of Documentation name of offender nature of offence quantities of money defrauded (if applicable) Information on money laundering activities does not necessarily require the informant to disclose his/her identity.
It is the duty of Financial Institutions operating under the Regulations Act to report certain transactions referred to as ‘suspicious transactions. These include;
Terrorist financing is the financial support in any for, of terrorism or of those who encourage, plan or engage in terrorism. Terrorist financing may involve funds raised from legitimate sources such as personal donations and profits from businesses and charitable organizations, as well as from criminal sources such as the drug trade, smuggling of weapons and other goods, kidnapping, fraud and extortion. The Chief Technical Director of the FID was named as the Designated Authority under the Terrorism Prevention (Designated Authority) Act 2006. This allows FID to receive and process reports on terrorist financing
The Proceeds of Crime Act (POCA) (May 20, 2007) is the main Act governing the FID, along with the Terrorism Prevention Act and Regulations. Under POCA a person commits an offence if that person;