S.L. 373.3 Art. 6Access to register. 

(1) The data and information held in the register shall be directly accessible, in line with procedures set out by the Unit, by the following authorities:

(a) the Unit;

(b) national authorities conducting criminal investigations into or prosecutions of money laundering, associated predicate offences, funding of terrorism or any other serious criminal offence, including when supporting investigations concerning any of the said offences;

(c) the Asset Recovery Bureau;

(d) the Commissioner for Revenue;

(e) the Sanctions Monitoring Board; and

(f) the Security Service.

(2) Each of the authorities listed in sub-regulation (1) shall access and make use of the data and information contained in the register on a case-by-case basis and to the extent that this may be necessary for the prevention, detection, investigation or prosecution of money laundering, associated predicate offences funding of terrorism or any other serious criminal offence, and for the avoidance of any doubt this shall include supporting investigations concerning any such offence, including the identification, tracing and freezing of the assets related to such investigation:

Provided that the above shall be without prejudice to any access to data and information held in the register that the Unit may require for the proper carrying out of its functions under regulation 4(1).

(3) In addition to the access referred to in sub-regulation (2), the data and information contained in the register may also be used to produce such aggregate or statistical data as may be required by the authorities referred to hereabove for the same purposes as are referred to in sub-regulation (2).

(4) The data and information contained in the register may also be accessed and made use of:

(a) by the Financial Intelligence Analysis Unit to reply to justified requests for information received from a competent authority not listed in sub-regulation (1); and

(b) by any of the authorities listed in sub-regulation (1) to reply to justified requests for information received from foreign or supranational bodies having similar functions after they have ascertained that the requesting body applies confidentiality and data protection requirements equivalent to those applicable to them:

Provided that the authorities referred to in paragraphs (a) and (b) shall disclose to the register the requesting body to which any such data and information shall be disclosed:

Provided further that the authorities referred to in

(a) and (b) may provide for specific procedures for the receipt of any request of information and may impose such conditions and restrictions as they may consider necessary when replying to any such request for information.

(5) Each of the authorities listed in sub-regulation (1) shall designate one or more of their officers or employees that are to have access to and carry out searches in the register, with each designated officer or employee being granted the said rights only upon undergoing such registration or accreditation process as may be established by the Unit.

(6) The authorities listed in sub-regulation (1) shall implement the necessary safeguards to ensure that data and information held in the register is accessed and made use of only when this is strictly required for the purposes set out in this regulation. ACCOUNT REGISTER

(7) In meeting their obligation under sub-regulation (6), and having due regard to the sensitivity of the data and information involved, the authorities listed in sub-regulation (1) shall, as a minimum:

(a) ensure that they maintain high professional standards of confidentiality and adherence with the applicable data protection requirements, including through monitoring compliance with the said standards, and that all of their officers and employees are of high integrity;

(b) provide any officer or employee designated in terms of sub-regulation (5), or any officer or employee able to request any such employee to carry out searches in the register, with the necessary training on how to handle data and information accessible through the register in line with data protection requirements;

(c) establish internal policies and procedures setting out the conditions and circumstances in which data and information is to be obtained from the register, including safeguards to avoid unauthorized or unjustified access thereto, and monitoring the application of the same;

(d) apply technical and organisational measures to ensure the security of the data to high technological standards; and

(e) ensure that the Unit is promptly informed whenever an officer or employee is no longer to be considered as a designated employee in terms of sub-regulation (5).

(8) Where any of the authorities becomes aware that the data or information held in the register is not correct or is otherwise not up to date, the authority concerned shall immediately inform the Unit.

(9) Each authority listed in sub-regulation (1) shall hold statistical data on the number of searches carried out through the register and shall make the same available to the Unit or to the European Commission upon request or in line with such procedures as may be established.