Pursuant to section 4 of the Financial Investigation Agency Act, 2003, the Financial Investigation Agency is entitled to “require a financial institution, DNFBP, NPO or other person, in writing, to produce such documents or other information, excluding documents or other information subject to legal professional privilege, that the Agency considers relevant to the performance of its functions”. The correspondence the Agency issues in accordance with this section is therefore commonly referred to as a ‘section 4 notice’ because the power is derived from section 4 of the legislation.

The confidential nature of correspondence exchanged in this regard must be maintained, failing which persons can be charged with criminal offences under the provisions of Proceeds of Criminal Conduct Act 1997 and the Criminal Code 1997.