Page 93 - FIC ANTI MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING LEGISLATION

Chapter 4 I FIC Act
(2) An accountable institution, reporting institution or any other person that conducts, or causes to be conducted, two or more transactions with the purpose, in whole or in part, of avoiding giving rise to a reporting duty under this Act is non-compliant and is subject to an administrative sanction.
65. ....
66. ....
67. ....
68. Penalties
(1) A person convicted of an offence mentioned in this Chapter, other than an offence mentioned in subsection (2), is liable to imprisonment for a period not exceeding 15 years or to a fine not exceeding R100 million.
(2) A person convicted of an offence mentioned in section 55, 62A, 62B, 62C or 62D, is liable to imprisonment for a period not exceeding five years or to a fine not exceeding R10 million.
69. Defences
If a person who is an employee, director or trustee of, or a partner in, an accountable institution is charged with committing an offence under section 52, that person may raise as a defence the fact that he or she had–
(a) complied with the applicable obligations in terms of the Risk
Management and Compliance Programme relating to the reporting of information of the accountable institution; or
(b) reported the matter to the person charged with the responsibility of ensuring compliance by the accountable institution with its duties under this Act; or
(c) reported the matter to his or her superior, if any, if–
(i) the accountable institution had not appointed such a person or
established such Risk Management and Compliance Programme;
(ii) the accountable institution had not complied with its obligations in section 42(3) in respect of that person; or
(iii) the Risk Management and Compliance Programme was not applicable to that person.
91