71. Is it specified that a particular institution(s) is responsible for investigating money laundering that relates to political parties, candidates and elected officials?

Marshall Islands

Marshall Islands

Answer
No
Source

(1) The Commissioner, amongst other duties:

(a) shall receive, analyze, and disseminate reports of transactions issued by financial institutions or cash dealers pursuant to Section 170 and Section 170A of this Act.

(b) shall send any such report to the appropriate law enforcement authorities, if there are reasonable grounds to suspect that the transaction is suspicious;

(c) may enter the premises of any financial institution or cash dealer during ordinary business hours to inspect any record and ask any question relating to such record, make notes and take copies of the whole or any part of the record;

(d) shall send to the appropriate law enforcement authorities, any information derived from an inspection carried out pursuant to Subsection (1) (c) of this Section, if it gives the Commissioner reasonable grounds to suspect that a transaction involves money laundering, proceeds of a crime, and or the financing of terrorism;

(e) may instruct any financial institution or cash dealer to take such steps as may be appropriate to facilitate any investigation anticipated by the Commissioner;

(f) may compile statistics and records, disseminate information within the Republic of the Marshall Islands or elsewhere, make recommendations arising out of any information received; issue guidelines to financial institutions and cash dealers, and advise the appropriate officials;

(g) shall create training requirements and provide such training for any financial institution and cash dealers with respect to transaction record-keeping and reporting obligations provided for in this Act;

(h) may consult with any relevant person, institution or organization for the purpose of exercising its powers or duties under Subsections (1) (e), (f), (g) or (1) of this Section;

(i) shall have the authority to request additional information from financial institutions and cash dealers where the Commissioner has reasonable ground to believe that such information is essential in discovering money laundering activity, proceeds of crime, and or the financing of terrorism;

(j) shall have the authority and ability to exchange information between international administrative authorities;

(k) shall have the authority and ability to facilitate and assist international administrative authorities in conducting proceeds of crime, money laundering, and or the financing of terrorism investigations;

(l) shall have the authority and ability to apply for a warrant to enter any premises belonging to or in the possession or control of a financial institution, cash dealer or any officer or employee thereof, and to search the premises and remove any documents, materials, or other things therein for the purposes of preventing money laundering activity, the financing of terrorism, or tracing the proceeds of crime, as so ordered by the High Court and specified in the warrant other than as authorized in Subsection (c) and (i) above;

(m) shall have the authority and ability to obtain information under this Section notwithstanding any secrecy or other restrictions on disclosure of information imposed by this Act; and

(n) shall conduct, in association with law enforcement authorities, investigations into the proceeds of crime, money laundering, and or the financing of terrorism, only where the Commissioner has reasonable grounds to suspect money the proceeds of crime, money laundering activity, and or the financing of terrorism is occurring.

(o) shall prepare annually, a report of the activities of the Domestic Financial Intelligence Unit that shall include statistics, typologies and trends as well as information regarding the activities of the Domestic Financial Intelligence Unit, which shall be submitted to Cabinet before the end of each financial year. [

Source: Article 167, 17 MIRC Ch 1, Banking Act 1987 as amended to 2011

Comment

There is no specific responsibility for politically exposed persons. The Banking Commissioner is responsible in general for anti money laundering activities

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