New AML Law Extends List of Red Flag Transactions


In our last blog, we mentioned the enactment of the latest AML legislation in Ireland which is the ‘Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act, 2021’. In the coming weeks we are going to take a look at the various provisions of the new legislation.

Among the provisions of the new Act is one that amends Schedule 4 of the Act of 2010 to specify further red flags, for transactions that could pose a higher risk of money laundering and/or terrorist financing. The 2021 law is yet to be commenced by statutory instrument.

A higher risk is posed where:

  • a customer is a third-country national who applies for residence rights or citizenship in the State in exchange for capital transfers, purchase of property or government bonds, or investment in corporate entities in the State;
  • a product, service, transaction or delivery channel involves the use of non-face-to-face business relationships without the use of certain safeguards such as electronic identification means, relevant trust services or other secure, remote or electronic, identification processes that are officially regulated, recognised, approved or accepted;
  • a transaction relates to oil, arms, precious metals, tobacco products, cultural artefacts and items of archaeological, historical, cultural and religious importance, or of rare or scientific value, including ivory and protected species.

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