Section 14: Reporting of suspicious transaction by
This section is inserted by Act No 5 of 2020, section 7.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
14. Reporting of suspicious transaction by
reporting person or auditor
(ii) by repealing subsection (1) and replacing it by the
following subsection –
(1) Notwithstanding section 300 of the
Criminal Code and any other enactment, every
reporting person or auditor shall, as soon as he
becomes aware of a suspicious transaction, make
a report to FIU of such transaction not later than
5 working days after the suspicion arose.
(iii) by inserting, after subsection (1B), the following
new subsection –
(1C) For the purpose of subsection (1),
the burden of reporting a suspicious transaction to
FIU shall, in the case of a credit union, be on the
internal controller of the credit union.
(iv) by repealing subsection (2);
(v) by adding the following new subsection –
(3) Where a reporting person or an auditor –
(a) becomes aware of a suspicious
transaction; or
142 Acts 2020
(b) ought reasonably to have become
aware of a suspicious transaction,
and he fails to make a report to FIU of such transaction
not later than 5 working days after the suspicion arose
he shall commit an offence and shall, on conviction,
be liable to a fine not exceeding one million rupees
and to imprisonment for a term not exceeding 5 years.
(h) in section 14C, by inserting, after the words “reporting
person”, the words “or auditor”;
(i) in section 15, in subsection (2) –
(i) in paragraph (c), by deleting the words “to the bank,
financial institution, cash dealer or member of relevant
profession or occupation, as the case may be” and
replacing them by the words “with the reporting person
or auditor”;
(ii) in paragraph (d), by deleting the words “bank, financial
institution, cash dealer, or member of a relevant
profession or occupation, as the case may be” and
replacing them by the words “reporting person or
auditor”;
(j) in section 16 –
(i) in subsection (1), by deleting the words “and its
officers” and replacing them by the words “and auditor,
and any of their officers”;
(ii) in subsection (2), by repealing paragraph (b) and
replacing it by the following paragraph –
(b) supplied in good faith any
information to FIU pursuant to a
request made under section 13(2),
(3) or (6).
Acts 2020 143
(k) in section 19, by repealing subsection (1) and replacing it by
the following subsection –
(1) Any reporting person, or any director, employee,
agent or other legal representative of a reporting person who,
knowingly or without reasonable excuse –
(a) fails to comply with section 17, 17A, 17B,
17C, 17D, 17E, 17F or 17G;
(b) destroys or removes any record, register
or document which is required under this
Act or any regulations; or
(c) facilitates or permits the performance
under a false identity of any transaction
falling within this Part,
shall commit an offence and shall, on conviction, be liable to
a fine not exceeding 10 million rupees and to imprisonment
for a term not exceeding 5 years.
(l) in section 19E, in the heading, by adding the words
“for purpose of conducting risk assessment”;
(m) by inserting, after section 19F, the following new section –
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Questions this section answers
- How many working days does a reporting person or auditor have to report a suspicious transaction to the FIU?
- What is the penalty for failing to report a suspicious transaction within 5 working days?