Law library · Sierra Leone · Terrorism Act, 2012
Section 41, Terrorism Act, 2012
Status not yet checkedTerrorism Act, 2012, Sierra Leone
(1) Where a reporting entity or any of its directors,principals, officers, or employees has reasonable grounds to suspect
that any transaction, attempted transaction, or any other information
or fact may be related to the commission of an unlawful activity, a
money laundering offence or an offence of financing of terrorism, or
to an act preparatory to an unlawful activity, a money laundering
offence or an offence of financing of terrorism, the reporting entity
shall, as soon as practicable after forming that suspicion or receiving
the information, but no later than two days, report the transaction
or attempted transaction or the information to the Unit.
(2) Notwithstanding subsection (1), legal practitioners,
notaries and accountants are required to submit reports to the Unit
Compliance
with
obligations by
foreign
subsidiaries
and branches
of Sierra
Leone
financial
institutions.
Over-thecounter
exchange
dealings.
Casinos and
gambling
establishments.
Prohibition
of shell
banks.
Reporting
entity to
report
transactions
or information that may
assist law
enforcement.
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only when they engage, on behalf of or for a client, in a financial
transaction associated with an activity specified in relation to the
professionals including–
(a) when acting in the function as legal
practitioners;
(b) when, on behalf of a client, they engage in a
financial transaction in relation to the
following kinds of transactions:-
(i) purchase or sale of real estate;
(ii) managing of client money, securities or
other assets;
(iii) organization of contributions for the
creation, operation or management of
companies;
(iv) creation, operation or management of
legal persons or arrangements, and
buying and selling of business entities;
(v) the relevant information upon which the
suspicion is based was not received or
obtained from a client in the course of
ascertaining the legal position of their
client, or in defending or representing
that client in, or concerning judicial,
administrative, arbitration or mediation
proceedings, including advice on
instituting or avoiding proceedings,
whether the information is received or
obtained before, during or after the
proceedings.
(3) A reporting entity that has made a report to the Unit
shall give the Unit or competent authority that is carrying out an
investigation arising from or relating to the information contained in
the report, any further information that it has about the transaction or
attempted transaction or the parties to the transactions if requested
to do so by the Unit.
(4) If the Unit, after consulting a reporting entity required
to make a report under subsection (1), has reasonable grounds to
suspect that–
(a) a transaction or a proposed transaction may
involve an offence of financing of terrorism,
the proceeds of an unlawful activity or a
money laundering offence;
(b) and if there is a serious risk that the money
trail will be interrupted if the transaction is
being carried out,
it may direct the reporting entity in writing or by telephone to be
followed up in writing, not to proceed with the carrying out of that
transaction or proposed transaction or any other transaction in
respect of the funds affected by that transaction or proposed
transaction for a period determined by the Unit, which may not be
more than ten working days, in order to allow the Unit-
(i) to make necessary inquiries concerning
the transaction; and
(ii) if the Unit thinks it appropriate, to inform
and advise the competent authority.
(5) A reporting entity shall provide currency transaction
report in accordance with thresholds and modalities determined by
the Unit
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