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Table of Contents
Page Overview
Document Overview
AI Summary of 8. Money laundering outside State in certain circumstances.
An offence is committed where a person, outside the State, engages in conduct that would, if it occurred in the State, constitute an offence under section 7 and any of the following apply: the conduct takes place on board an Irish ship (section 9, Mercantile Marine Act 1955); on an aircraft registered in the State; the conduct is an offence under the law of that place and the person is an Irish citizen or ordinarily resident in the State, or a body corporate established under the law of the State or a company registered under the Companies Acts; a request for surrender under Part II of the Extradition Act 1965 has been made and finally refused; or a relevant arrest warrant has been received from an issuing state and a final determination made that the warrant should not be endorsed or the person should not be surrendered under the European Arrest Warrant Act 2003.
On summary conviction the offence attracts a fine not exceeding €5,000 and/or imprisonment up to 12 months; on conviction on indictment it attracts a fine and/or imprisonment for a term not exceeding 14 years. A person with principal residence in the State for the 12 months immediately preceding the offence is taken to be ordinarily resident for subsection (1)(c). "Relevant arrest warrant" and "issuing state" have the same meanings as in the European Arrest Warrant Act 2003.
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8. Money laundering outside State in certain circumstances.
(1) A person who, in a place outside the State, engages in conduct that would, if the conduct occurred in the State, constitute an offence under section 7 commits an offence if any of the following circumstances apply:
(a) the conduct takes place on board an Irish ship, within the meaning of section 9 of the Mercantile Marine Act 1955,
(b) the conduct takes place on an aircraft registered in the State,
(c) the conduct constitutes an offence under the law of that place and the person is -
(i) an individual who is a citizen of Ireland or ordinarily resident in the State, or
(ii) a body corporate established under the law of the State or a company registered under the Companies Acts,
(d) a request for the person's surrender, for the purpose of trying him or her for an offence in respect of the conduct, has been made under Part II of the Extradition Act 1965 by any country and the request has been finally refused (whether or not as a result of a decision of a court), or
(e) a relevant arrest warrant has been received from an issuing state for the purpose of bringing proceedings against the person for an offence in respect of the conduct, and a final determination has been made that -