RegSol Blog

Criminal Justice (Money Laundering & Terrorist Financing) (Amendment) Bill 2020

October 2020

Finally, on the 8th of September, the Minister for Justice and Equality set before Dáil Éireann the script of the long awaited 2020 Bill which was meant to transpose into Irish law the EU’s Fifth Anti Money Laundering Directive (5AMLD). That was supposed to happen back in January 2020. The Table below sets out some of the changes, enjoy!!

Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020

To be cited as Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010-2020

Section #

Subject Area



Beneficial Ownership

Verify identity of Senior Managing Official


Beneficial Ownership

Prior to establishment of a business relationship with a customer to which the EU (Beneficial Ownership) Regs apply, a designated person shall ascertain that information concerning the BO of that customer is contained the Central Register (RBO for example)


Transaction Monitoring

In accordance with policies and procedures adopted in accordance with section 54, examine the background and purpose of all transactions that are:
- complex        
- unusually large    
- unusual pattern  
- do not have a lawful or apparent purpose


Politically Exposed Persons (PEPs)

Apply measures to a PEP for as long as is reasonably required, taking into account the risk posed by that person and until such time as that person is deemed to pose no risk. Minister of Finance to issue list of functions held by PEPs


High Risk Third Country

More defined measures to mitigate risk of a customer established in a high risk third country by obtaining additional information on the customer and beneficial owner:
- on intended nature of business relationship
- source of funds and wealth on customer AND beneficial owner
- information on reasons for intended transactions
- approval of senior management
- enhanced monitoring of the business relationship by increasing number of timing and controls and selection of patterns of transactions that need further examination


Suspicious Transaction Reports

FIU Ireland to provide follow up reports to designated persons


Tipping off

Protection regarding disclosures between credit/financial institutions, majority owned subsidiaries AND those in 3rd countries in compliance with Group wide policies


Competent Authorities

Central Bank of Ireland competent authority for custodian wallet providers

Schedule 4

Higher Risk Factors

-Customer Third Country national applying for residence rights in state in exchange for purchase of property or investment
- non face to face business without relevant safeguards such as electronic identification means
- transactions related to oil, arms, precious metals, tobacco products, cultural artefacts, items of cultural or religious importance, ivory and protected species.

Click HERE for the Bill’s full text

Need help doing your Fifth EU AML Directive gap analysis? Contact RegSol for immediate assistance.


By Judy de Castro
Regulatory Consultant