Financial Intelligence Centre Act 38 of 2001

The Financial Intelligence Centre Act 38 of 2001 intends:

• to establish a Financial Intelligence Centre and a Money Laundering Advisory Council in order to combat money laundering activities;
• to impose certain duties on institutions and other persons who might be used for money laundering purposes;
• to amend the Prevention of Organised Crime Act, 1998, and the Promotion of Access to Information Act, 2000; and
• to provide for matters connected therewith.

Commencement

• 1 February 2023, Sections 31 and 56 (Gazette 47883 of 20 January 2023)
• 3 December 2001, however Section 79 does not take effect before the date on which Section 29 takes effect; and Section 21(2) takes effect one year after Section 21(1) takes effect.
• 1 July 2004, Section 46(2) (Gazette 26522 of 30 June 2004)
• 4 October 2010, Sections 28 and 51 (Gazette 33596 of 1 October 2010)
• 1 February 2002, Section 1 to 20, 72 to 78 and 80 to 82 (Gazette 23078 of 31 January 2002)
• 1 March 2002, Schedules 1, 2 and 3 (Gazette 23169 of 28 February 2002)
• 30 June 2003, Sections 21(1), 22 to 26, 42, 43, 46(1), 47, 48, 49, 61, 62 and 68(2) (Gazette 25151 of 27 June 2003)
• 3 February 2003, Sections 27 to 41 (except Sections 28, 30 and 31), 44, 45, 50, 52, 53, 57 to 60, 63 to 67, 68(1), 69, 71, 79 and Schedule 4 (Gazette 24349 of 31 January 2003)

Amendments

The Southern African Legal Information Institute provides a complete amended Act at https://www.saflii.org/za/legis/consol_act/fica2001243/ [Updated to 4 January 2023]

• Amended by Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act 23 of 2022
• Amended by General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022
• Amended by Cybercrimes Act 19 of 2020
• Amended by Financial Sector Regulation Act 9 of 2017
• Amended by Financial Intelligence Centre Amendment Act 1 of 2017
• Amended by General Intelligence Laws Amendment Act 11 of 2013
• Amended by Financial Intelligence Centre Amendment Act 11 of 2008
• Amended by Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004