Section 19H: Powers of regulatory body
This section is inserted by Act No 9 of 2019, section 10.
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.
19H. Powers of regulatory body
(1) A regulatory body shall have such powers as are
necessary to enable it to effectively discharge its functions
and may, in particular –
(a) issue guidelines for the purposes of
combating money laundering activities
and the financing of terrorism and
proliferation activities;
(b) give directions to a member falling under
its purview to ensure compliance with this
Act and the United Nations (Financial
Prohibitions, Arms Embargo and Travel
Ban) Sanctions Act 2019, and any
regulations made and guidelines issued
under those Acts;
170 Acts 2019
(c) require a member falling under its purview
to submit a report on corrective measures
it is taking to ensure compliance with this
Act and the United Nations (Financial
Prohibitions, Arms Embargo and Travel
Ban) Sanctions Act 2019, and any
regulations made and guidelines issued
under those Acts, at such intervals as may
be required by the regulatory body;
(d) with respect to a member falling under its
purview, apply, subject to subsection (2),
any or all of the following administrative
sanctions –
(i) issue a private warning;
(ii) issue a public censure;
(iii) impose such administrative penalty
as may be prescribed by the
regulatory body;
(iv) ban, where the regulatory body
has licensed or authorised the
member to conduct his business
or profession, from conducting his
profession or business for a period
not exceeding 5 years;
(v) revoke or cancel a licence, an
approval or an authorisation, as the
case may be.
(2) (a) Subsection (1)(d) shall not apply to a
barrister, an attorney or a notary.
(b) Where a barrister, an attorney or a notary
has failed or is failing to comply with, or has failed or is
failing to take such measures as are required under this Act
or the United Nations (Financial Prohibitions, Arms Embargo
Acts 2019 171
and Travel Ban) Sanctions Act 2019, or any regulations made
or guidelines issued under those Acts, FIU shall, pursuant to
section 13 of the Law Practitioners Act, report the matter to
the Attorney-General.
(c) On receipt of a report under paragraph (b),
the Attorney-General shall take such measures as are required
under section 13 of the Law Practitioners Act.
(3) Any person who fails to comply with a direction
issued under subsection (1)(b) and (c) 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.
(4) A regulatory body may publish any of its decision
or determination, or the decision of the Review Panel, or any
other information the regulatory body may deem appropriate.
Sub-Part C – Supervisory Powers of Regulatory Body
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Questions this section answers
- What sanctions can a regulatory body impose on a member who breaks AML rules?
- Can a regulatory body ban me from my profession for money-laundering non-compliance?
- Are barristers and attorneys sanctioned by the regulatory body itself?
- What's the penalty for ignoring a direction from a regulatory body?