Chapter 4 Financial Intelligence Unit
Section 1 Independence of the FIU
Article (40)
- The FIU shall be operationally independent in order to carry out its functions effectively, and the Central Bank shall provide it with the required technical, financial and human resources.
- The main headquarter for the FIU shall be the capital of the State and it may open branches within the Central Bank’s branches in the Emirates of the State.
- The FIU shall operate as national centre to receive STR’s and other information related to the Crime.
- The FIU shall be operationally independent in order to carry out its functions effectively, and the Central Bank shall provide it with the required technical, financial and human resources.
Section 2 Powers of the FIU
Article (41)
The FIU shall have the following powers:
- Putting in place the FIU’s departments and internal regulations for approval by the Central Bank’s Board of Directors. The internal regulations shall include procedures to ensure the competency and integrity of its employees and the awareness of their responsibilities in dealing with confidential information.
- Establishing a database or special register to hold any information it has available and securing this information by establishing rules that govern information security and confidentiality, including procedures for processing, storing, disseminating and setting procedures to ensure limited access to the FIU’s facilities, information and technical systems and to the review or disclosure of information, except by those authorised to do so.
- Providing courses and programs to train and develop the employees working in it and any other authority, be it inside or outside the State.
- Preparing studies, research and statistics related to the Crime, and following up on any studies, research or statistics conducted domestically or internationally in this regard.
- Preparing annual reports about its Crime-combatting activities that include specifically general analysis of STRs and notifications received as well as activities and trends of the Crime, and preparing a brief of this report for dissemination purposes.
- Putting in place the FIU’s departments and internal regulations for approval by the Central Bank’s Board of Directors. The internal regulations shall include procedures to ensure the competency and integrity of its employees and the awareness of their responsibilities in dealing with confidential information.
Article (42)
The FIU shall be responsible for carrying out its duties with regards to STRs as follows:
- Receiving STRs relating to the Crime from Financial Institutions and DNFBPs on the FIU’s approved templates, then studying, analysing and storing them in its database.
- Requesting Financial Institutions, DNFBPs, and Competent Authorities to provide any additional information and documents relating to the STRs and information received, and any other information that it might deem necessary to perform its duties, including information relating to customs’ disclosures, in the time and form specified by the FIU
- Analysing available reports and information as follows:
- Operational analysis by using available and obtainable information, to identify specific targets, such as persons, funds, or criminal networks, track activities or specific Transactions, and determine the links between those targets, activities or transactions and potential proceeds of the Crime.
- Strategic analysis by using available and obtainable information, including data provided by Competent Authorities, to identify trends and patterns of the Crime.
- Operational analysis by using available and obtainable information, to identify specific targets, such as persons, funds, or criminal networks, track activities or specific Transactions, and determine the links between those targets, activities or transactions and potential proceeds of the Crime.
- Providing the Financial Institutions and DNFBPs with the analysis results of the information provided in the reports received by the FIU in order to enhance the effectiveness of the measures for combating the Crime and detecting STRs.
- Cooperating and coordinating with the Supervisory Authorities by disseminating the outcomes of its own analysis, specifically with respect to the quality of STRs, to ensure the compliance of Financial Institutions and DNFBPs with the procedures for combating the Crime
- Sending the data relating to the reports, the outcomes of its analyses and any other relevant data to Law Enforcement Authorities, when there are sufficient grounds to suspect its connection to the Crime, to take required actions in that regard.
- Providing to judiciary authorities and Law Enforcement Authorities information related to the Crime and information it can obtain from foreign FIUs, spontaneously or upon request.
- Receiving STRs relating to the Crime from Financial Institutions and DNFBPs on the FIU’s approved templates, then studying, analysing and storing them in its database.
Article (43)
The FIU shall be responsible for carrying out its duties at the international level as follows:
- Exchanging information with its FIU counterparts in other countries on STRs or any other information the FIU has the power to obtain or access, whether directly or indirectly, as per the international agreements to which the State is a party or any memorandums of understanding the FIU has entered into with FIU counterparts to regulate its cooperation with them or on the condition of reciprocity.
- Reporting to its FIU counterparts the outcomes of using the submitted information and analysis conducted based on that information.
- The information specified in Clauses (1) and (2) of this Article may not be used except for Crime-combatting purposes and may not be disclosed to any third party without the FIU’s approval.
- Following up on the developments relating to Money Laundering and Terrorism Financing crimes through the relevant regional and international organisations and bodies and participating in related meetings.
- Following up with the requirements of the Egmont Group, as well as participating and attending its meetings as a member of the group.
- Exchanging information with its FIU counterparts in other countries on STRs or any other information the FIU has the power to obtain or access, whether directly or indirectly, as per the international agreements to which the State is a party or any memorandums of understanding the FIU has entered into with FIU counterparts to regulate its cooperation with them or on the condition of reciprocity.