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As enacted
Contents

Part I · Duties of Institutions

4. Institutions to maintain and retain records

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Every Institution shall be required to maintain —

(a)

records of transactions and of correspondence relating to transactions and records of all reports furnished to the Financial Intelligence Unit for a period of six years from the date of the transaction, correspondence or the furnishing of the report, as the case may be ; and

Financial Transactions Reporting

(b)

records of identity obtained in terms of section 2 for a period of six years from the date of closure of the account or cessation of the business relationship, as the case may be, unless directions have been issued by the Financial

Intelligence Unit that such records or correspondence should be retained for a longer period, in which case the records or correspondence should be retained for such longer period.

(2)

Records required to be maintained under subsection (1) shall contain particulars sufficient to identify the—

(a)

name, address and occupation (or where appropriate business or principal activity) of each person —

(i)

conducting the transaction ; and

(ii)

where applicable, on whose behalf the transaction is being conducted ;

(b)

nature and date of the transaction ;

(c)

type and amount of currency involved ;

(d)

parties to the transaction ;

(e)

the name and address of the employee who prepares the record ; and

(f)

such other information as may be specified in rules issued by the Financial Intelligence Unit.

(3)

Where any record is required to be maintained under this Act—

(a)

it shall be maintained in a manner and form that will enable an Institution to comply immediately with requests for information from the Financial

Intelligence Unit or a law enforcement agency ; and

Financial Transactions Reporting

(b)

a copy of it may be kept—

(i)

in a machine-readable form if a paper copy can be readily produced from it ; or

(ii)

in an electronic form, if a paper copy can be readily produced from it and an electronic signature of the person who keeps the records is retained for purposes of verification.

(4)

The records maintained under subsection (1) shall be made available upon request to the Financial Intelligence

Unit for purposes of ensuring compliance with this Act.

Part II

Provisions Applicable to Institutions and Other Persons

Part III

Powers and Functions of the Financial Intelligence Unit

Part IV

Functions of Supervisory Authority of an Institution and Auditors

Part V

Currency Reporting at the Border

Part VI

Offences and Liabilities

Part VII

Miscellaneous