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Section 16: Legal consequences of reporting

Financial Intelligence and Anti-Money Laundering Act · PART IV: REPORTING AND OTHER MEASURES TO COMBAT MONEY LAUNDERING

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.

16. Legal consequences of reporting (1) No person directly or indirectly involved in the reporting of a suspicious transaction under this Part shall inform any person involved in the transaction or an unauthorised third party that the transaction has been reported or that information has been supplied to FIU pursuant to a request made under section 13 (2) or (3). (1A) Notwithstanding subsection (1), any supervisory authority may, for the sole purpose of discharging its compliance functions, request the FIU to provide it with a copy of the suspicious transaction report made under section 14 (1). (2) No proceedings shall lie against any person for having— (a) reported in good faith under this Part any suspicion he may have had, whether or not the suspicion proves to be well-founded following investigation or prosecution or any other judicial action; (b) supplied any information to the FIU pursuant to a request made under section 13 (2) or (3). (3) No officer who receives a report made under this Part shall incur liability for any breach of confidentiality for any disclosure made in compliance with this Act. (4) For the purposes of this section— “officer” includes a director, employee, agent or other legal representative; “unauthorised third party” includes any of the supervisory authorities. [S. 16 repealed and replaced by s. 3 (e) of Act 34 of 2003 w.e.f. 27 September 2003; amended by s. 17 (h) of Act 27 of 2013 w.e.f. 21 December 2013.] F8 – 13 [Issue 6] Financial Intelligence and Anti-Money Laundering Act

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