All provisions · AML/CFT Act (Cap. 251) · Part Vi: Preventive measures
50 Tipping off
(1) A person (and without prejudice to the generality of the foregoing a reporting entity, its officers, employees or agents) who, knowing or suspecting that—
(a) a suspicious transaction report or a direction of the FIU under section 48 has been or may be made or that further information has been given under section 48;
(b) a reporting entity has formed a suspicion in relation to a transaction for the purpose of section 48;
(c) any other information from which the person to whom the information is disclosed could reasonably be expected to infer that a suspicion has been formed or that a suspicious transaction report has been or may be made;
(d) a search warrant is to be issued or has been issued;
(e) an application is to be made, or has been made, under this Act for a production order; or (Amended by Act 7 of 2021)
(f) an investigation has commenced concerning the circumstances that gave rise to the suspicious transaction report, the warrant or the production order,
makes any disclosure which could or may or be likely to prejudice the implementation of the warrant, the making available of the material in accordance with the production order, or the investigation, commits an offence and is liable on conviction to imprisonment up to six months or to a fine not exceeding SCR200,000 or to both.
(Substituted by Act 62 of 2021)
(2) In proceedings against a person for an offence under this section it shall be a defence to prove that the person had lawful authority or reasonable excuse for making the disclosure.
(3) Subsection (1) shall not apply to disclosures made to—
(a) an officer or employee or agent of the reporting entity for any purpose connected with the performance of that person’s duties;
(b) a legal practitioner, Attorney-at-Law or legal adviser for the purpose of obtaining legal advice or representation in relation to the matter;
(c) the supervisory authority of the reporting entity for the purpose of carrying out the supervisory authority’s functions.
(4) No person referred to in subsection (3)(b) to whom disclosure of any information to which that subsection applies has been made shall disclose that information except to another person of the kind referred to in that subsection, for the purpose of—
(a) the performance of his duties; or
(b) obtaining legal advice or representation in relation to the matter.
(5) No person referred to in subsection (3)(c) to whom disclosure of any information to which that subsection applies has been made shall disclose that information except to a person referred to in that subsection for the purpose of giving advice or making representations in relation to the matter.
(a) a suspicious transaction report or a direction of the FIU under section 48 has been or may be made or that further information has been given under section 48;
(b) a reporting entity has formed a suspicion in relation to a transaction for the purpose of section 48;
(c) any other information from which the person to whom the information is disclosed could reasonably be expected to infer that a suspicion has been formed or that a suspicious transaction report has been or may be made;
(d) a search warrant is to be issued or has been issued;
(e) an application is to be made, or has been made, under this Act for a production order; or (Amended by Act 7 of 2021)
(f) an investigation has commenced concerning the circumstances that gave rise to the suspicious transaction report, the warrant or the production order,
makes any disclosure which could or may or be likely to prejudice the implementation of the warrant, the making available of the material in accordance with the production order, or the investigation, commits an offence and is liable on conviction to imprisonment up to six months or to a fine not exceeding SCR200,000 or to both.
(Substituted by Act 62 of 2021)
(2) In proceedings against a person for an offence under this section it shall be a defence to prove that the person had lawful authority or reasonable excuse for making the disclosure.
(3) Subsection (1) shall not apply to disclosures made to—
(a) an officer or employee or agent of the reporting entity for any purpose connected with the performance of that person’s duties;
(b) a legal practitioner, Attorney-at-Law or legal adviser for the purpose of obtaining legal advice or representation in relation to the matter;
(c) the supervisory authority of the reporting entity for the purpose of carrying out the supervisory authority’s functions.
(4) No person referred to in subsection (3)(b) to whom disclosure of any information to which that subsection applies has been made shall disclose that information except to another person of the kind referred to in that subsection, for the purpose of—
(a) the performance of his duties; or
(b) obtaining legal advice or representation in relation to the matter.
(5) No person referred to in subsection (3)(c) to whom disclosure of any information to which that subsection applies has been made shall disclose that information except to a person referred to in that subsection for the purpose of giving advice or making representations in relation to the matter.
Official source: Anti-Money Laundering and Countering the Financing of Terrorism Act (Cap. 251), Act 5 of 2020, Revised Edition as at 17 January 2025 (Acts 5 of 2020, 7 of 2021, 8 of 2021, 62 of 2021, 9 of 2022, 12 of 2024, S.I. 145 of 2020)
