IDG65400 - Procedure for disclosing to others (government): The Irish Criminal Assets Bureau
Why share information with the Irish Criminal Assets Bureau?
The Irish Criminal Assets Bureau (CAB) is part of the Garda
Síochána (the Irish police force) and is staffed by
officers drawn from the Republic of Ireland’s police, Irish
Customs & Revenue and social welfare bodies. Its objectives are
identifying assets arising from criminal activity, depriving
criminals of the benefit of those assets and undertaking connected
investigation work. The functions of the CAB include taking action
to recover the proceeds of crime.
HMRC may wish to disclose information to the CAB in
connection with either criminal or civil matters, where it will
assist the CAB with carrying out their regulatory functions and
associated investigations. The CAB can target suspected criminal
assets globally, so any HMRC investigations where assets have been
identified that have a link to the Republic of Ireland are
potentially subject to CAB action.
Which parts of HMRC can disclose this information?
All areas of HMRC may hold information that will assist the CAB, but only the FCLO in Dublin may disclose such information (see below).
Legislation which allows disclosure
Section 19 of the Anti-Terrorism, Crime & Security Act 2001
(ATCSA) enables disclosure in criminal cases.
Section 85 of the Serious Crime Act 2007 enables disclosure
in civil cases. Statutory Instrument 2008/403 specifies the persons
within the CAB that information may be disclosed to for civil
matters.
Procedure to follow
All disclosures must be made through the Fiscal Crime Liaison Officer (FCLO) based in Dublin. For details see IDG90100.
Devolved administrations
This guidance applies to the whole of the United Kingdom.
Further guidance
If you receive a request for information and are unsure how to proceed, please contact Information Strategy for advice. See IDG90100 for contact details.
