]
AND
[ ]
short
tion)
(i)(a) (8)
No. 17 of 2002. The Money Laundering (Prevention) 1 ANTIGUA
(Amendment) Act 2002. AND
BARBUDA
[ L.S.
I Assent,
James B. Carlisle,
Governor-General.
16th December, 2002.
ANTIGUA BARBUDA
No. 17 of 2002
AN ACT to amend the Money Laundering (Prevention) Act
1996.
27th December 2002
ENACTED by the Parliament of Antigua and Barbuda as
follows-
1. This Act may be cited as the Money Laundering (Preven- title.
(Amendment) Act 2002.
2. The Money Laundering (Prevention) Act 1996, in this Act Interpretation.
referred to as the Principal Act, is amended in section 2 as fol-
lows-
(a) by inserting at the end of the definition of "money
laundering"the following words -
"or is an instrumentality"
(b) by deleting paragraph and of the defini-
tion of "money laundering offence" and substitut-
ing the following -
5
11A
proceeds
IV"
(I), (2),
(6)
"(6)
28D,
word (1)
ANTIGUA 2 The Money Laundering (Prevention) No. 17 of 2002.
AND (Amendment) Act 2002.
BARBUDA
(a) "sections 3 and of this Act;
(b) sections and 18 of this Act"
(c) by inserting after paragraph (ii) of the definition of
instrumentality the following -
"(iii) a money laundering activity."
(d) by inserting the following definitions in their proper
alphabetical order -
(a) "civil forfeiture order" means an order
made pursuant to section 20A.
(b) "civil assessment order"
means an order made pursuant to sec-
tion 20B.
Amendment of 3. Section 2A of the principal Act is amended by deleting the
section 2A. words "Part from paragraph (i) and substituting the words
"Part IVA."
Amendment of 4. Section 2B of the principal Act is amended as fol-
section 2B. lows -
(a) by deleting of the words "Part IV"from subsections
(3) and (4) and substituting of the words
"Part IVA"; and
by adding after subsection (5) the following sub-
section-
A person who is the subject of an ap-
plication pursuant to subsection (2) shall, in
accordance with the manner prescribed in sec-
tion be given at least fourteen days no-
tice of the application by the Supervisory
Authority."
Amendment of 5. Section 2D of the principal Act is amended by deleting the
section 2D. comma after the "offence" in subsection and inserting
the words "or money laundering activity" after the word "of-
fence"wherever it occurs.
Launderinx
amended
from
ing activity ex-
-
1
12(i)" 12(1)."
1A.
Op- 11A.
crating an account
No. 17 of 2002. The Money (Prevention) 3 ANTIGUA
(Amendment) Act 2002. AND
BARBUDA
6. Section 2G of the principal Act is as follows - Amendment of
section 2G.
(a) by deleting paragraph(d) the words "the charg-
ing or conviction of; and
(b) by inserting of the words "or money laundering ac-
tivity" after the word "offence" wherever it occurs
in paragraph (d).
7. The principal Act is amended by inserting after section 2G Insertion of
the following - section 2H.
2H. In this Act a reference to money laun-
dering activity by a person is a reference to
plained. anything done by the person that at the time
was a money laundering offence whether or
not the person has been charged with the of-
fence and, if charged -
(a) has been tried; or
(b) has been tried and acquitted; or
(c) has been convicted (even if the
conviction has been quashed or
set aside)."
8. Section 1 1 of the principal Act is amended as follows Amendment of
section 1 .
(a) by deleting from paragraph (iii) the words "section
and substituting the words "section
(b) by repealing paragraph (v).
9. The principal Act is amended by inserting after section 11 Insertion of
the following - section 1
(1) A person shall not open an ac-
count with a financial institution in a false
prohibited. name.
(2) A person shall not operate an account
with a financial institution in a false name.
"Money launder-
"Opening or
in a false name
ANTIGUA 4 The Money Laundering (Prevention) No. 17 of 2002.
AND (Amendment) Act 2002.
BARBUDA
(3) A person shall not authorise the opera-
tion of an account with a financial institution
if the account is in a false name.
(4) Where a person is commonly known by
two or more different names, the person shall
not use one of those names in opening an ac-
count with a financial institution unless the
person has previously disclosed the other
name or names to the financial institution.
(5) Where a person is commonly known
by two or more different names, the person
shall not use one of those names in operating
an account with a financial institution unless
the person has previously disclosed the other
name or names to the financial institution.
(6) Where a person using a particular name
in dealings with a financial institution dis-
closes to the financial institution a different
name or different names by which the person
is commonly known, the financial institution
shall make a record of the disclosure and shall,
upon request in writing from the Supervisory
Authority, give the Supervisory Authority a
copy of that record.
(7) A person who contravenes subsection
(I), (2), (3), (4), (5) or (6) commits an offence
and is liable on summary conviction to a fine
not exceeding twenty thousand dollars
($20,000) or to a term of imprisonment not
exceeding two years or to both.
(8) For the purposes of this section -
(a) a person opens an account in a
false name if the person, in open-
ing the account, or becoming a
signatory to the account, uses a
name other than a name by which
the person is commonly known;
and
(b)
substi-
of sec-
fi-
nancial 12A,
(3),
sinile
No. 17 of 2002. The Money Laundering (Prevention) 5
(Amendment) Act 2002.
a person operates an account in a
false name if the person does any
act or thing in relation to the ac-
count (whether by way of mak-
ing a deposit or withdrawal or by
way of communication with the
financial institution concerned or
otherwise) and, in doing so, uses
a name other than a name by
which the person is commonly
known; and
(c) an account is in a false name if it
was opened in a false name,
whether before or after the com-
mencement of this paragraph.
10. Section 12 of the principal Act is repealed and
tuted by the following -
"Retention of 12. (1) A financial institution shall, subject
to section retain each customer gener-
ated financial transaction document in its origi-
nal form for the minimum retention period ap-
plicable to the document.
(2) Subject to subsection a financial
institution shall retain, or retain a copy of, each
financial transaction document that is not a
customer generated financial transaction docu-
ment the retention of which is necessary to
preserve a record of the financial transaction
concerned for the minimum retention period
applicable to the document.
(3) Subsection (2) does not apply to a f i-
nancial transaction document that relates to a
deposit, credit, withdrawal, debit or
transfer of an amount of money that does not
exceed $1,000 or such higher amount as is
prescribed by the regulations for the purposes
of this subsection.
ANTIGUA
AND
BARBUDA
Repeal and re-
placement
tion 12.
ANTIGUA 8 The Money Laundering (Prevention) No. 17 of 2002.
AND (Amendment) Act 2002.
BARBUDA
(vi) an application by a person for a
loan from the institution, that is
given to the institution by or on
behalf of the person whether or
not the document is signed by or
on behalf of the person.
"financial transaction document" in relation
to a fmancial institution, means any document
that relates to a financial transaction carried
out by the institution in its capacity as a finan-
cial institution and, without limiting the gen-
erality of this, includes a document relating
to -
(a) the opening, operating or closing
of an account held with the insti-
tution; and
(b) the opening or use of a deposit box
held by the institution.
''minimum retention period in relation to a
fmancial transaction document or a customer
generated financial transaction document
means -
(a) if the document relates to the
opening of an account with the
institution - the period of six years
after the day on which the account
is closed;
(b) if the document relates to the
opening by a person of a deposit
box held by the institution - the
period of six years after the day
on which the deposit box ceases
to be used by the person; or
(c) in any other case the period of six
(6) years after the day on which
the transaction takes place."
I t .
"(2A)
(b)
financial
posses.sion
No. 17 of 2002. The Money Laundering (Prevention) 9 ANTIGUA
(Amendment) Act 2002. AND
BARBUDA
Section 13 of the principal Act is amended as follows - Amendment of
section 13.
(a) by inserting after subsection (2) the following -
The question whether a reasonable
suspicion for the purpose of subsection (2)
should have been formed, shall be determined
objectively, having regard to all the facts and
surrounding circumstances;"
by repealing subsection (6) and substituting the fol-
lowing -
"(6) A institution or any director
or employee of a financial institution who fails
to comply with this section commits an of-
fence and is liable on summary conviction to
a fine not exceeding fifty thousand dollars
($50,000.00) or to a term of imprisonment not
exceeding six months or both and in addition
the licence may be suspended or revoked by
the appropriate Regulatory Authority."
(c) by repealing subsection (7).
13. The principal Act is amended by repealing section 15 Amendment of
and substituting the following - section 15.
"Property tracking 15. Upon the application by the Supervi-
and monitoring or- sory Authority, a Judge of the High Court,
ders. upon being satisfied that there are reasonable
grounds for believing that a person (referred
to in this section as "the defendant") is com-
mitting, has committed or is about to commit
a money laundering offence or has engaged
or is about to engage in money laundering
activity, may make an order -
(i) that any person reasonably believed
to be in or control of any
-
(a) identifying, locating or
quantifying any property
of the defendant; or
document relevant to
2002.
with
financial
bringlng
it
pmon - zt the tame con-
c=rled is~eught mto er of3
ax:! knd.'9
Sectlon 16A pmcrpai Aci 1s ariiendcd hr subsec-
sectlon 18A tiom (1) m
18B
1 8 ~ .
ANTIGUA 10 The Money Laundering (Prevention) No. 17 of
AND (Amendment) Act 2002.
BARBUDA
(b) identifying or locating any
document necessary for the
transfer of any property of
the defendant,
be required to deliver the document
forthwith to the Supervisory Authority
or other law enforcement agency,
(ii) that a financial institution forthwith pro-
duce to the Supervisory Authority or
other law enforcement agency all infor-
mation obtained by the financial insti-
tution about any business transaction
conducted by or for the defendant
the institution during such pe-
riod before or after the date of the order
as the Judge directs.
Amendment of 14. Section 18 of the principal Act is amended as follows -
section 18.
(a) by repealing paragraph (d) of subsection (4) and sub-
stituting the following -
"(d) be given to a customs officer assigned
for duty at the point of entry or depar-
ture."
(b) by repealing paragraph (a) of subsection ( 5 ) and sub-
stituting the following -
"(a) if the transfer is effected by a person
taking the currency out of, or
into Antigua and Barbuda with the
the currency
is taken out
Antigua Barbuda
Amendment of 15. of the
by deleting the words "officer the Coast Guard" and
substituting the words "member of the Antigua and Barbuda
Defence Force engaged in maritime duties."
Amendment of 16. Section of the principal Act is amended by repealing
section subsection (2) and substituting the following -
28D,
(1)
-
the
"; (b)
(1)
"(1A)
"
(1B)
28D,
(1A)
(3),
( 5 ) ,
(6),
"19B(l)(d)"
"19B(l)(d)."
(Jl
No. 17 of 2002. The Money Laundering (Prevention) 11
(Amendment) Act 2002.
"(2) The Supervisory Authority shall, in accordance
with the manner prescribed in section give at least
fourteen days notice of an application made pursuant to
subsection to the person from whom the currency was
seized or to any other person that the Supervisory Author-
ity believes may have an interest in the currency."
17. Section 19 of the Principal Act is amended as follows
(a) by deleting the full stop after word "offence" in
paragraph (b) of subsection (1) and inserting the
words or"and by inserting after paragraph the
following-
"(c) is suspected of having engaged in
money laundering activity."
(b) by inserting after subsection the following -
An application under this section
shall be made exparte.
The Supervisory Authority shall, in
accordance with the manner prescribed in sec-
tion give at least fourteen days notice of
the order under subsection to the owner
of the property the subject of the order and to
any other person the Supervisory Authority
has reason to believe may have an interest in
the property."
(c) in paragraphs (a) and (b) of subsection by in-
serting after the word "charged", the words "or
money laundering activity in which the defendant
is suspected of having been engaged."
(d) in paragraph (b) of subsection by deleting the
word "the" and substituting the word "any" on its
second occurrence.
(e) in paragraph (c) of subsection by deleting the
words and substituting the words
by the insertion after subsection (8) of the follow-
ing -
ANTIGUA
AND
BARBUDA
Amendment of
section 19.
financial
ofup
19.4.
following-
pursu-
dealing with freeze 19(l)(a),
(1A)
19(l)(b)
(6)
(1B)
19(l)(c)
(b)
ANTIGUA 12 The Money Laundering (Prevention) No. 17 of 2002.
AND (Amendment) Act 2002.
BARBUDA
"(9) The Supervisory Authority may direct
a institution in writing to freeze prop-
erty for a period to 7 days whilst it makes
application pursuant to subsection (1) for a
freeze order."
Amendment of 18. Section 19A of the principal Act is amended as follows-
section
(a) by repealing subsections (1) and (2) and substitut-
ing the
"Procedure for "(1) Where an application is made
ant to paragraph the High Court shall
order application. make a freeze order.
Where an application is made pursu-
ant to paragraph the High Court shall
not make a freeze order unless -
(a) the application for the order is
supported by an affidavit of an
authorised officer stating that he
suspects that the defendant com-
mitted the offence; and
the court is satisfied, having re-
gard to the matters contained in
the affidavit, that there are reason-
able grounds for holding that sus-
picion.
Where an application is made pursu-
ant to paragraph the High Court shall
not make a freeze order unless -
(a) the application for the order is
supported by an affidavit of an
authorised officer stating that he
suspects that the defendant has
engaged in money laundering ac-
tivity; and
the court is satisfied, having re-
gard to the matters contained in
(b)
(c) (a)(i)
(3),
28D,
19(4)
No. 17 of 2002. The Money Laundering (Prevention) 13
(Amendment) Act 2002.
the affidavit, that there are reason-
able grounds for holding that sus-
picion.
(2) Where a freeze order is made upon the
basis that -
(a) the defendant has been charged or
is about to be charged with a
money laundering offence; or
the defendant is suspected of hav-
ing engaged in money laundering
activity;
the freeze order will cease to have
effect thirty (30) days after it is
made unless by that time the de-
fendant has been charged with a
money laundering offence, or an
application for a civil forfeiture
order or civil proceeds assessment
order has been filed.
in paragraph of subsection
by deleting the words "instru-
ment of the offence" and substi-
tuting the word "instrumentality".
(d) by repealing subsection (5) and
substituting the following -
"(5) The Supervisory
Authority shall, in accor-
dance with the manner
prescribed in section
give at least fourteen days
notice of an order made
pursuant to subsection
to the defendant and
to any other person the
Supervisory Authority has
reason to believe may
have an interest in the
property."
ANTIGUA
AND
BARBUDA
fol-
(l)(c)(i)
(4),
(b)
(d)(iv) (e)(v)
(5 ) ,
ANTIGUA 14 The Money Laundering (Prevention) No. 17 of 2002.
AND (Amendment) Act 2002.
BARBUDA
Amendment of 19. Section 19B of the principal Act is amended as
section 19B. lows -
(a) in paragraph by deleting the words "restrain-
ing order"and substituting the words "freeze order;"
(b) in subsection by repealing paragraphs (a) and
and substituting the following -
"(a) a person (in this subsection called the
defendant) has been -
(i) convicted of a money laundering
offence; or
(ii) charged with a money laundering
offence or is about to be charged
with a money laundering offence;
or
(iii) joined as a defendant in an appli-
cation pursuant to section 20A or
20B or is about to be joined as a
defendant in such an application;
(b) the High Court has made a freeze order against any
property under section 19; and"
(c) in subsection (4) by deleting the words "of the of-
fence" after the word "instrumentality"in subpara-
graphs and and inserting the words "or
money laundering activity"after the word "offence"
wherever it occurs.
(d) in subsection by repealing paragraphs (a) and
(b) and substituting the following:
"(a) a person (in this subsection called the
defendant) has been -
(i) convicted of a money laundering
offence; or
(ii) charged with a money laundering
offence or is about to be charged
(5)(e)
(fj"
"(fj(i)
20B,
or
(33) C I V I T forfiixPi.xi: may br maae
:n seiat~uc.. -9 Aat propelt7 an= ~mter-
esf In thsa
of part
19B
No. 17 of 2002. The Money Laundering (Prevention) 15
(Amendment) Act 2002.
with a money laundering offence;
or
(iii) joined as a defendant in an appli-
cation pursuant to section 20A or
is about to be joined as a defen-
dant in such an application;
(b) "the High Court has made a freeze order against any
property under section 19; and"
(c) in subsection by inserting after the word "may"
the words "subject to paragraph and by adding
the following new paragraph -
Where property or an interest in property, sub-
ject to an application under this subsection, is
also subject to a .freeze order for the purpose
of securing an application for a civil proceeds
assessment order pursuant to section the
High Court may not make an exclusion order
in respect of that property or interest in prop-
erty pursuant to this subsection. It may instead
declare that the property or interest in prop-
erty satisfies the requirements ofparagraph (e);
(ii) When a declaration is made in relation to prop-
erty or an interest in property pursuant to sub-
paragraph (i):
(A) section 20 shall not operate in relation
to that property any interest in that
property;
no order
or
property."
20. The principal Act is amended by inserting after section
the following -
"PART IVA AUTOMATIC FORFEITURE UPON
CONVICTION OF A MONEY LAUNDERING OFFENCE"
ANTIGUA
AND
BARBUDA
insertion
IVA.
of
follow-
IVD
20A(2)
(2),
"Civil
finds
ANTIGUA 16 The Money Laundering (Prevention) No. 17 of 2002.
AND (Amendment) Act 2002.
BARBUDA
Insertion Part
IV D and
21. The principal Act is amended as follows -
renumbering
section 20A. (a) by inserting at the head of section 20A the
ing part -
"PART FORFEITURE FUND"and by renum-
bering section 20A as section 206.
(b) by repealing subsections and (3) and substi-
tuting the following -
"(2) All funds and proceeds from sale of
property forfeited under sections 20 and 20A
or penalties paid pursuant to section 20B shall
be deposited in the fund after deduction of
twenty percentum (20%) management ex-
penses to be paid into the Consolidated Fund.
(3) Subject to subsection the monies
deposited into the Fund shall be applied for
the purposes of the Office of the ONDCP and
for any other purpose the Minister may con-
sider proper."
Insertion of Part 22. The principal Act is amended by inserting after section
IV B. 20 the following -
"PART IV B CIVIL FORFEITURE"
forfeiture 20A. (1) If a freeze order is in force under
orders. Part IV, the Supervisory Authority may apply
to the High Court for a civil forfeiture order
forfeiting to the Crown all or any of the inter-
ests in property that are subject to the freeze
order when the forfeiture order takes effect.
(2) The High Court shall make a civil for-
feiture order if the Court that it is more
probable than not that the person (in this sec-
tion called the "defendant") in respect of
whom the freeze order was made had, at any
time, not more than six (6 ) years before the
making of the application for the civil forfei-
ture order, engaged in money laundering ac-
tivity.
28D,
No. 17 of 2002. The Money Laundering (Prevention) 17 ANTIGUA
(Amendment) Act 2002. AND
BARBUDA
(3) A finding of the High Court for the pur-
poses of subsection (2) need not be based on
a finding as to the commission of a particular
offence, and can be based on a that
some offence or other constituting a money
laundering activity was committed.
(4) When a civil forfeiture order is made
pursuant to this section it must be made in re-
spect of specified interests in property.
(5) The reference in subsection (2) to a
period of six (6) years includes a reference to
a period that began before the commencement
of this section.
(6) The quashing or setting aside of a con-
viction for a money laundering offence does
not affect the validity of a civil forfeiture or-
der based on the same conduct that was made
before or after the conviction was quashed or
set aside.
(7) The making of a civil forfeiture order
under this section does not prevent the mak-
ing of a civil proceeds assessment order which
assesses the value of the proceeds of the money
laundering activity on' which the civil forfei-
ture order is based.
(8) The Supervisory Authority shall, in ac-
cordance with the manner prescribed in sec-
tion give at least fourteen days notice of
an application made under this section to the
defendant and to any other person he has rea-
son to believe may have interest in the prop-
erty subject to the application.
(9) Any person notified of an application
pursuant to this section is entitled to appear
and give evidence at the hearing of the appli-
cation, but the failure or absence of that per-
son to appear and give evidence does not pre-
vent the court from making an order under
subsection (2).
Application for
as-
engage4
findmg
ANTIGUA 18 The Money Laundering (Prevention) No. 17 of 2002.
AND (Amendment) Act 2002.
BARBUDA
20B. (1) The Supervisory Authority may
roceedsp apply to the High Court for a civil proceeds
sessment
order. assessment order requiring a person (in this
section called the "defendant") to pay to the
Crown an amount assessed by the High, Court
as the value of the benefit he derived from the
money laundering activities that took place not
more than six months before the making of
the application for the order.
(2) The High Court must make a civil pro-
ceeds assessment order if the Court finds it to
be more probable than not that the defendant
was, at any time not more than six (6) years
before the making of the application for the
order, in a money laundering activ-
ity from which a benefit was derived.
(3) For the purposes of subsection (2) a find-
ing by the High Court does not need to be
based on the commission of a particular of-
fence; but may be based on a finding ha t the
defendant had engaged in any money laun-
dering activity.
(4) The reference in subsection (2) to a pe-
riod of six (6) years includes a reference to a
period that began before the commencement
of this section.
(5) In making a under this section,
the High Court shall apply the standard of
proof used in civil proceedings.
(6) The validity of a civil proceeds assess-
ment order is not affected by the quashing or
setting aside of a conviction based upon the
same money laundering activity upon which
the civil proceeds assessment order was made.
(7) The making of a civil proceeds assess-
ment order under this section does not pre-
vent the making of a civil forfeiture order
based on the same money laundering activity
28D,
(2).
20C.
considered in
under section
No. 17 of 2002.
Matters to be
making an order
20B.
The Money Laundering (Prevention) 19 ANTIGUA
(Amendment) Act 2002. AND
BARBUDA
upon which the civil proceeds assessment or-
der was made.
(8) The Supervisory Authority shall, in ac-
cordance with the manner prescribed in sec-
tion give at least fourteen days notice of
an application made pursuant to this section
to the defendant and to any other person the
Supervisory Authority has reason to believe
may have interest in the property.
(9) Any person notified of an application
pursuant to this section is entitled to appear
and give evidence at the hearing of the appli-
cation, but the failure or absence of that per-
son to appear and give evidence does not pre-
vent the court from making an order under
subsection
(10) A civil proceeds assessment order is a
debt payable by the defendant to the Crown
and is recoverable as such.
(11) If an order under this section is made
against a dead person, subsection (10) has ef-
fect before the final distribution of the estate
as if the person had died the day after the mak-
ing of the order.
(12) The amount recovered under a civil
proceeds assessment order is to be processed
in accordance with section 20D.
(13) The High Court may, at the time it
makes a civil proceeds assessment order or at
any later time, make any ancillary orders that
the Court may consider appropriate.
(1) For the purpose of making a civil
proceeds assessment order under section 20B
in relation to a person in this section referred
to as ("the defendant"), the High Court shall
have regard to the following matters -
ANTIGUA 20 The Money Laundering (Prevention) No. 17 of 2002.
AND (Amendment) Act 2002.
BARBUDA
(a) the money, or the value of any
interest in property other than
money, directly or indirectly ac-
quired by -
(i) the defendant; or
(ii) another person at the re-
quest, or by the direction, of
the defendant,
as a result of the money launder-
ing activity;
(b) the value of any service, benefit
or advantage provided for -
(i) the defendant; or
(ii) another person at the re-
quest, or by the direction, of
the defendant,
as a result of the money launder-
ing activity;
(c) the value of the defendant's prop-
erty before and after the money
laundering activity;
(d) the defendant's income and ex-
penditure before and after the
money laundering activity.
(2) If evidence is given at the hearing of an
application for a civil proceeds assessment
order that the value of the defendant's prop-
erty after a money laundering activity or
money laundering activities exceeded the
value of the defendant's property before the
activity or activities, the High Court is to treat
the excess as proceeds derived by the defen-
dant fiom the money laundering activity or
activities, except to the extent (if any) that the
whch
.the make
.the
(b)
tb-
whlch
No. 17.of 2002. The Money Laundering (Prevention) 21 ANTIGUA
(Amendment) Act 2002. AND
BARBUDA
High Court is satisfied the excess was due to
causes unrelated to the money laundering ac-
tivity or activities.
(3) If evidence is given at the hearing of an
application for a civil proceeds assessment
order of the amount of the defendant's expen-
diture during the period of six years before
the making of the application for the order,
the High Court is to treat any such amount as
proceeds derived by the defendant from the
money laundering activity or activities, except
to the extent (if any) that the High Court is
satisfied the expenditure was from income, or
money from other sources, unrelated to any
money laundering activity or activities.
(4) The High Court is not to take expendi-
ture into account under subsection (3) to the
extent that the Court is satisfied that it resulted
in theacquisition of property the value of
is taken into account under subsection (2).
(5) In making an assessment as provided
by this section High Court shall no
allowance for following-
(a) expenses or outgoings incurred by
the defendant in relation to the
money laundering activity or ac-
tivities;
the value of any proceeds derived
as agent for or otherwise on be-
half of some other person
(whether or not any proceeds are
received by that other person).
(6) This section applies to, and in relation
(a) property in the defendant
has an interest, either within or
outside Antigua and Barbuda;
(b)
fol-
IV c.
for-
enfOmment for-
20A,
20A,
property to
ANTIGUA 22 The Money Laundering (Prevention) NO. 17 of 2002.
AND (Amendment) Act 2002.
BARBUDA
proceeds acquired either within or
outside Antigua and Barbuda in
relation to a money laundering ac-
tivity or activities.
Insertion of Part 23. The principal Act is amended by the insertion of the
lowing after section 20C.
"PART IV C EFFECT AND
ENFORCEMENT OF CONFISCATION
Effect and 20D. (1) If an interest in property is
feited by operation of section 20 or a civil
confiscation. feiture order is made pursuant to section
the interest is forfeited to and vests in the
Crown, and the Supervisory Authority may
take possession of the property on behalf of
the Crown.
(2) An interest forfeited under subsection
(1) is to be disposed of by the Supervisory
Authority and the proceeds are to be paid to
the Fund.
(3) The High Court may, upon the for-
feiture of assets under section 20 or when
it makes a civil forfeiture order under sec-
tion or at any later time, make any
ancillary orders that the Court considers
appropriate, including ancillary orders for
and with respect to facilitating the transfer
to the Crown of interests in property for-
feited to the Crown.
Disposition of 20E. (1) A person shall not dispose of or
otherwise deal with an interest in property that
forfeiture prohib- is forfeited pursuant to section 20 or the sub- ited.
ject of a civil forfeiture order pursuant to sec-
tion 20B.
(2) A person who contravenes subsection
(1) commits an offence and is liable on sum-
mary conviction to a fine not exceeding
tive a ~ u t h o r i t ~ , the High
as-
sessment order, is
28D,
(1)
No. 17 of 2002. The Money Laundering (Prevention) 23 ANTIGUA
(Amendment) Act 2002. AND
BARBUDA
$100,000 or to a term of imprisonment not
exceeding two (2) years or both.
(3) It is a defence to a charge under sub-
section (1) if the defendant can prove, that he
or she had no notice that the interest was for-
feited to the Crown and no reason to suspect
that it was forfeited.
(4) If an interest in property is disposed of
or otherwise dealt with in contravention of this
section and the disposition or dealing was ei-
ther not for sufficient consideration or not in
favour of a person at arms length, acting in
good faith, the disposition is void.
(5) It is not a contravention of this section
if an interest in property is disposed of or dealt
with in accordance with an order of the High
Court or the written directions of the Supervi-
sory Authority.
Property in effec- 20F. (1) Upon the application of the Su-
pervisory Court shall, if
person subject to it is of the opinion that an interest in property
the subject of the effective control of a per-
son in relation to whom the court has made a
civil proceeds assessment order, make an or-
der declaring that the interest is available to
satisfy the order to the extent that other prop-
erty is not readily available for that purpose.
(2) The Supervisory Authority shall, in ac-
cordance with the manner prescribed in sec-
tion give at least fourteen days notice of
an application made pursuant to subsection
to the defendant and to any other person that
the Supervisory Authority believes may have
an interest in the property."
24. The principal Act is amended by inserting the following Insertion of Part
Part at the head of section 21- IV E.
"PART IV E PROTECTION OF THIRD PARTIES"
civil proceeds
2 1 .
20A".
22(1) by insert-
22.
23(2)
IVB".
follows-
(2)(a)
"18B(4)"
20A";
(2)(a),
(2)(c)
whlch
-"
ANTIGUA 24 The Money Laundering (Prevention) No. 17 of.2002.
AND (Amendment) Act 2002.
BARBUDA
Amendment of 25. Section 21 of the principal Act is amended by deleting
section the words "section 20" and substituting the words "sections 20
and
of the principal Act is amended
section
Amendment of 26. Section
ing after the word "offence"wherever it occurs, the words "or
money laundering activity".
Amendment of 27. Section of the principal Act is amended by deleting
section 23. the words "sections19 and 20"and substituting the words "Parts
IVA or
Amendment of 28. Section 28 of the principal Act is amended by deleting
section 28. therefrom the words "penalties or forfeitures"and "or the cause
of action accrued".
Amendment of 29. Section 28C of the principal Act is amended as
section 28C.
(a) in subparagraph (iii) of subsection by insert-
ing after the words the words "or section
(b) in paragraph (iv) of subsection by the delet-
ing the word "and" and substituting the word "or"
and by inserting the following paragraph -
"(v) a declaration pursuant to section 20F;
and"
(c) by deleting paragraph and the substituting of
the following -
"(c) the Court is satisfied that the person was
not involved in any way in the commis-
sion of the offence or money launder-
ing activity in respect of the freez-
ing, detention, civil proceeds assessment
order, civil forfeiture order or forfeiture
order was made or in respect of which
section 20 operated
Insertion of 30. The principal Act is amended by inserting after section
section 28D. 28C the following -
"Procedure for
18B(2), 19(1A),
(6)
19A(5),
@I
31. is
IVA". Section 30.
No. 17 of 2002. The Money Laundering (Prevention) 25
(Amendment) Act 2002.
28D. Notice to any person -
giving notice of
certain applica-
tions and orders. (a) of an application made pursuant
to sections 2B,
of an order pursuant to section
shall be given by the Supervisory Authority
by one or more of the following methods:
(a) personal service on him,
(b) service at the business address of
counsel (if any) acting on his be-
half;
(c) service at his last known address,
or place of business within the ju-
risdiction;
(d) in the case of a body corporate by
service upon the registered or
principal office of the body cor-
porate;
(e) publication in the Gazette in
Antigua and Barbuda;
publicationin two consecutive is-
sues of a local newspaper circu-
lating in Antigua and Barbuda;
(g) without limiting the generality of
paragraph(a),by effecting service
upon him in a foreign jurisdiction
by or through a foreign authority.
Section 30 of the principal Act amended by deleting
the words "PART IV"and substituting the words "PART
ANTIGUA
AND
BARBUDA
Amendmentof
-
-
800-12.02 [ Frice$9.95 ]
ANTIGUA 26 The Money Laundering (Prevention) No. 17 of 2002.
AND (Amendment) Act 2002.
BARBUDA
Passed the House of Representatives Passed the Senate this 5th day
this 24th day of October, 2002. of November, 2002.
B. Harris, M. Percival,
Speaker. President.
S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.
Printed at the Government Printing Office, Antigua and Barbuda,
by Donovan Southwell, Government Painter
By Authority, 2002.
