There are some situations where you are allowed to disclose that you have formed a suspicion about a customer.
The exemptions to ‘tipping off’ are when:
- you are a legal practitioner or qualified accountant who has suspicions about a customer and want to persuade them not to do something illegal
- you want to get legal advice relating to your suspicion from a legal practitioner
- you are a member of a designated business group (DBG) with a joint AML/CTF program and need to inform other members of the group of the risks involved in dealing with the customer
- you are a member of a corporate group and need to tell someone in the group about the risks involved in dealing with the customer
- you are a remittance network provider (RNP) giving information about the customer to one of your affiliates, or you are an affiliate giving information to your RNP
- you are an authorised deposit-taking institution (ADI) giving customer information to an owner-managed branch of the same ADI
- you are disclosing information in compliance with a Commonwealth, state, or territory law
- you are disclosing information to a South African law enforcement body, such as the South African Police Service, HAWKS etc
- you are disclosing to a law enforcement agency that a customer may be on a government sanctions list, and you are freezing their assets under the Charter of the United Nations Act.