Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018
|
Prescribed amounts under section 33AQ of Central Bank Act 1942 in respect of certain contraventions | ||
|
36. The Act of 2010 is amended by the insertion of the following section after section 114: | ||
“114A. (1) In this section ‘Act of 1942’ means the Central Bank Act 1942 and ‘designated person’ means a designated person within the meaning of Part 4. | ||
(2) Notwithstanding subsection (4) of section 33AQ of the Act of 1942, in the case of a contravention of Chapter 3, 4 or 6 of Part 4, or section 30B, 57, 57A, 58 or 59, by a designated person, the prescribed amount for the purpose of subsection (3)(c) of section 33AQ is— | ||
(a) if the designated person is a body corporate or an unincorporated body, the greatest of— | ||
(i) €10,000,000, | ||
(ii) twice the amount of any benefit derived by the person from the contravention (where that benefit can be determined), and | ||
(iii) an amount equal to 10 per cent of the turnover of the body for its last complete financial year before the finding is made, | ||
(b) if the designated person is a natural person— | ||
(i) where the designated person is not a credit institution or financial institution, the greater of— | ||
(I) €1,000,000, and | ||
(II) twice the amount of any benefit derived by the person from the contravention (where that benefit can be determined), | ||
(ii) where the designated person is a credit institution or financial institution, the greater of— | ||
(I) €5,000,000, and | ||
(II) twice the amount of any benefit derived by the person from the contravention (where that benefit can be determined). | ||
(3) Notwithstanding subsection (6) of section 33AQ of the Act of 1942, in the case of a contravention of Chapter 3, 4 or 6 of Part 4, or section 30B, 57, 57A, 58 or 59, by a designated person, the prescribed amount for the purpose of subsection (5)(b) of section 33AQ is— | ||
(a) where the designated person is not a credit institution or financial institution, the greater of— | ||
(i) €1,000,000, and | ||
(ii) twice the amount of any benefit derived by the person from the contravention (where that benefit can be determined), | ||
(b) where the designated person is a credit institution or financial institution, the greater of— | ||
(i) €5,000,000, and | ||
(ii) twice the amount of any benefit derived by the person from the contravention (where that benefit can be determined). | ||
(4) For the purposes of subsection (2)(a)(iii), ‘turnover of the body’ means total annual turnover of the designated person according to the latest available accounts approved by the management body of the designated person or, where the designated person is a parent undertaking or a subsidiary of a parent undertaking which is required to prepare consolidated financial accounts in accordance with Article 22 of Directive 2013/34/EU12 , the total annual turnover or the corresponding type of income in accordance with the relevant accounting Directives according to the last available consolidated accounts approved by the management body of the ultimate parent undertaking.”. | ||