Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
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Money laundering occurring in State. |
7.— (1) A person commits an offence if— | |
(a) the person engages in any of the following acts in relation to property that is the proceeds of criminal conduct: | ||
(i) concealing or disguising the true nature, source, location, disposition, movement or ownership of the property, or any rights relating to the property; | ||
(ii) converting, transferring, handling, acquiring, possessing or using the property; | ||
(iii) removing the property from, or bringing the property into, the State, | ||
and | ||
(b) the person knows or believes (or is reckless as to whether or not) the property is the proceeds of criminal conduct. | ||
(2) A person who attempts to commit an offence under subsection (1) commits an offence. | ||
(3) A person who commits an offence under this section is liable— | ||
(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months (or both), or | ||
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 14 years (or both). | ||
(4) A reference in this section to knowing or believing that property is the proceeds of criminal conduct includes a reference to knowing or believing that the property probably comprises the proceeds of criminal conduct. | ||
(5) For the purposes of subsections (1) and (2), a person is reckless as to whether or not property is the proceeds of criminal conduct if the person disregards, in relation to property, a risk of such anature and degree that, considering the circumstances in which the person carries out any act referred to in subsection (1) or (2), the disregard of that risk involves culpability of a high degree. | ||
(6) For the purposes of subsections (1) and (2), a person handles property if the person— | ||
(a) receives, or arranges to receive, the property, or | ||
(b) retains, removes, disposes of or realises the property, or arranges to do any of those things, for the benefit of another person. | ||
(7) A person does not commit an offence under this section in relation to the doing of any thing in relation to property that is the proceeds of criminal conduct so long as— | ||
(a) the person does the thing in accordance with a direction, order or authorisation given under Part 3 , or | ||
(b) without prejudice to the generality of paragraph (a), the person is a designated person, within the meaning of Part 4 , who makes a report in relation to the property, and does the thing, in accordance with section 42 . |