Section 23A: AML/CFT Monitoring Panel
This section is inserted by Act No 9 of 2019, section 11.
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.
23A. AML/CFT Monitoring Panel
(1) The AML/CFT Monitoring Panel shall be
responsible for reviewing, analysing and identifying any
failure on the part of any licensed auditor to comply with the
Financial Intelligence and Anti-Money Laundering Act or
the United Nations (Financial Prohibitions, Arms Embargo
and Travel Ban) Sanctions Act 2019, or any regulations
made or guidelines issued under those Acts.
(2) Subject to this Act and rules made by the Council,
the AML/CFT Monitoring Panel shall conduct its monitoring
exercise in such manner as it may determine.
(3) The AML/CFT Monitoring Panel shall, where it
identifies a failure on the part of a licensed auditor, determine
the appropriate action to be taken and inform the Council
thereof.
(4) The Council shall, within 30 days of receipt of
the determination under subsection (3), ratify, vary or make
such other decision as it considers appropriate and it shall
give written notice to the licensed auditor of its final decision.
(5) In addition to any administrative sanction
imposed by the Council, the Review Panel may direct
the licensed auditor to take such remedial action as it may
determine.
(6) Any administrative penalty under this section
shall be a debt due to the Council and may be recovered by
the Council as a civil debt in a court of competent jurisdiction.
(7) Any administrative penalty paid to the Council
shall be credited to the Consolidated Fund.
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Questions this section answers
- What does the AML/CFT Monitoring Panel do if a licensed auditor breaks the AML rules?
- Who decides the final outcome after the Monitoring Panel flags an auditor's failure?