Prevention of Money Laundering Act (Cap. 373)
Prevention of Money Laundering Act (Cap. 373), article 27C
27C. (1)The Unit shall, in accordance with the applicable
provisions of this Act, and without prejudice to the provisions of
article 34(3), co-operate with any designated authority and rep ly in
a timely manner, on a case-by-ca se basis, to reasoned requests
made by such designated authorities for financial information a nd,
or financial analysis, where suc h information is necessary for the
prevention, detection, investigation or prosecution of serious
criminal offences:
Cap. 365.
Provided that, for the purposes o f this article, the term "seri ous
criminal offence" shall mean the offences listed in Annex I to
Regulation (EU) 2016/794, tax evasion, and any other offence un der
the National Interest (Enabling Powers) Act :
Provided further that the provisions of article 34(4) shall
mutatis mutandis apply in relation to any financial information or
financial analysis disclosed by the Unit in terms of this sub-a rticle.
(2) The Unit may refuse to disclose any financial
information or financial analysis pursuant to sub-article (1) o n the
grounds as laid down under article 34(2)(b) to (f), and it shal l provide
an explanation for such a refusal.
(3) Any request received by the Unit pursuant to sub-article
(1) shall be recorded by the Un it, which record shall include:
(a) the name and contact details of the authority and of the
officer or employee requesting the information;
(b) the recipients of the results of the query or search, in
so far as possible;
(c) the case reference number that the requesting authority
assigns to the case in relation to which the request for
information is made;
(d) the subject matter of the request; and
(e) the manner in which the request was executed,
including the method used for the dissemination of
information or analysis requested, whenever such
request has been acceded to.
(4) Records referred to in sub-article (3) shall be kept for a
PREVENTION OF MONEY LAUNDERING [CAP. 373. 33
period of five (5) years from the date on which the request was
received and shall be used solely for the purpose of checking t he
lawfulness of the proces sing of personal data.
(5) The Unit shall, upon a request from the Information and
Data Protection Commissioner, make available any record as refe rred
to in sub-article (3).
(6) In addition and without prejudice to the powers of the
Unit under articles 30 and 30A, the Unit may request, and
designated authorities shall disclose on a case-by-case
basis, any law enforcement information necessary for the
prevention, detection and combating of money
laundering, underlying criminal activity and terrorist
financing.
Co-operation with
Europol.
Added by:
XLIII.2021.9.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.