Written answers

Tuesday, 21 November 2017

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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144. To ask the Minister for Finance the number of letters issued in each of the years 2014 to 2016 and to date in 2017 by banks (details supplied) to political representatives, their families or associates requesting additional information concerning identification, evidence of sources of funds, evidence of residential address and certified statement of assets as per section 37 of the Criminal Justice Act, 2010; and if he will make a statement on the matter. [48855/17]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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The Deputy will understand that the information requested is not held within my Department. I have therefore requested a response to the Deputy's question from each of the banks identified by the Deputy.

AIB Response:

"AIB has comprehensive policies and procedures in place to ensure compliance with the provisions of the Criminal Justice Act, 2010 (CJA 2010). This includes with regard to its obligations to determine whether it has relationships with politically exposed persons (PEPs) and relatives and close associates thereof. AIB notes the current definition of PEP under CJA 2010 which only relates to PEP customers who are currently “residing in a place outside the State” and the proposed expanded definition to this proposed by the Fourth EU Anti-Money Laundering Directive (4AMLD) which has yet to be transposed into Irish law. AIB contacted the following numbers of non-resident PEPs in each of the years below in order to comply with the requirements of section 37 of CJA 2010:

YearAmount


2014


48


2015


54


2016


66


2017 (YTD):


73"

Bank of Ireland Response:

"Under Section 37 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended, Bank of Ireland has an obligation to apply enhanced customer due diligence measures to customers who are, or have become, politically exposed persons (PEPs), and to customers who are immediate family members or close associates of a PEP. The enhanced measures that Bank of Ireland is obligated to apply include a) verification of the identity and permanent residential address of the PEP, immediate family member or close associate; and b) determination of the source of funds and source of wealth of the PEP, immediate family member or close associate. The application of these enhanced customer due diligence measures is driven by specific statutory compliance requirements to which the Bank is subject. The Bank does not disclose customer specific detail, including numbers involved, arising from the requirements of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010."

Permanent TSB Response:

"As a ‘designated person’ under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (‘the Act’), PTSB is required to undertake customer due diligence to comply with Sections 33 to 40 of the Act, including obligations in respect of any customer who is a ‘Politically Exposed Person’ as defined under Section 37 of the Act. PTSB recognises the important role the financial services sector has in the prevention of Money Laundering and Terrorist Financing and has put in place comprehensive policies and procedures to meet its obligations under the Act, including those relating to customer due diligence. PTSB may request additional information from customers to enable it to comply with any of its obligations to undertake customer due diligence. PTSB does not disclose details of its engagements with customers related to compliance with its obligations under the Act."

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