Money Laundering (Prevention) (Amendment) Act, 2009

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AND BARBUDA

THE MONEY LAUNDERING (PREVENTION) (AMENDMENT) ACT, 2009

No. 11 of 2009

[ Published in the Official Gazette Vol. XXIX No. 83
dated 24th December, 2009. ]

________
Printed at the Government Printing Office, Antigua and Barbuda,

by Paget Terry, Acting Government Printer
— By Authority, 2009.

800—12.09 [Price $3.65]

The Money Laundering (Prevention) (Amendment) Act, 2009 No. 11 of 20098

6. Amendment of section 12 Retention of financial records

Section 12 of the principal Act is amended as follows—

(a) in subsection (2), by repealing the words “Subject to subsection (3),” and substituting “a”
with “A”.

(b) by repealing subsection (6) and substituting the following—

“(6) A financial institution that contravenes subsections (1), (2), (4) or (5) commits an offence
and is liable—

(i) on summary conviction to a fine not exceeding five hundred thousand dollars
($500,000); or

(ii) on conviction on indictment to a fine not exceeding one million dollars ($1,000,000).”.

7. Amendment of section 12A Minimum retention period of a document

Section 12A of the principal Act is amended by repealing subsection (3) and substituting
the following—

“(3) A financial institution that contravenes subsection (1) or (2) commits an offence and is
liable—

(i) on summary conviction to a fine not exceeding five hundred thousand dollars
($500,000); or

(ii) on conviction on indictment to a fine not exceeding one million dollars ($1,000,000).”.

8. Amendment of section 13 Reporting of suspicious business transactions by financial
institutions

Section 13 of the principal Act is amended as follows—

(a) in subsection (1A)(iii), by repealing the words “transaction record” and substituting the
words “financial transaction documents.”;

(b) in subsection (2), by repealing the words “constitute or be related to money laundering”
and substituting the words “involve the proceeds of crime”;

(c) by repealing subsection (6) and substituting the following—

“(6)A financial institution or any director or employee of a financial institution who fails to
comply with this section commits an offence and is liable—

The Money Laundering (Prevention) (Amendment) Act, 2009 No. 11 of 20092 No. 11 of 2009 The Money Laundering (Prevention) (Amendment) Act, 20097

(2) A person who, with knowledge of either the aim and general criminal activity of a criminal
organisation or the intention of the criminal organisation to commit a serious offence, by his conduct
takes part in—

(a) the criminal activities of the criminal organisation; or

(b) other activities of the criminal organisation in the knowledge that his participation will
contribute to the achievement of the criminal aim of the criminal organisation;

commits an indictable offence and is liable upon conviction to imprisonment for a term not
exceeding five years.

(3) A person who conspires with a criminal organisation—

(a) to commit a serious offence under any Act; or

(b) to attempt the commission of a serious offence under any Act;

commits an indictable offence and is liable upon conviction to imprisonment for a term not
exceeding five years.

(4) Where a person is prosecuted under subsections (1) or (2) it shall not be necessary for the
prosecutor to prove—

(a) that the criminal aim of the criminal organisation was achieved; or

(b) that the accused knew the identity of any of the persons who constitute the criminal
organisation.

(5) In determining whether an accused participates in or contributes to any activity of a criminal
organization, the Court may consider, among other factors, whether the accused—

(a) uses a name, word, symbol or other representation that identifies, or is associated with,
the criminal organization;

(b) frequently associates with any of the persons who constitute the criminal organization;

(c) receives any benefit from the criminal organization; or

(d) repeatedly engages in activities at the instruction of any of the persons who constitute
the criminal organization.”

5. Amendment of section 11A Opening or operating an account in a false name prohibited

Section 1A of the principal Act is amended in subsection (7) by repealing the words “twenty
thousand dollars ($20,000)”, and substituting the words “five hundred thousand dollars ($500,000)”.

THE MONEY LAUNDERING (PREVENTION) (AMENDMENT) ACT, 2009

ARRANGEMENT

Sections
1. Short title.
2. Amendment of section 2 Interpretation
3. Insertion of section 5A Facilitation of money laundering
4. Insertion of section 5B Participation in a criminal organisation
5. Amendment of section 11A Opening or operating an account in a false name prohibited
6. Amendment of section 12 Retention of financial records
7. Amendment of section 12A Minimum retention period of a document
8. Amendment of section 13 Reporting of suspicious business transactions by financial

institutions
9. Amendment of section 18A Seizure and detention of suspected currency
10. Amendment of section 18B Application to Magistrate to forfeit seized currency
11. Amendment of section 20B Application for civil proceeds assessment order

No. 11 of 2009 The Money Laundering (Prevention) (Amendment) Act, 20093The Money Laundering (Prevention) (Amendment) Act, 2009 No. 11 of 20096

(d) sections 4, 5, 6(3), 7, 8 and 12 of the Misuse of Drugs Act, Cap. 283; or” and

(b) by inserting in the correct alphabetical order the following—

“”criminal organization” means a group comprised of two or more persons including persons
outside Antigua and Barbuda, whose aims and activities include the facilitation or commission
of one or more serious offences that would likely result or has resulted in the receipt of any
benefit, including a financial benefit, by the group or any of the persons who constitute the
group;

“serious offence” means an offence for which the maximum punishment is imprisonment for
two years or more;”.

3. Insertion of section 5A Facilitation of money laundering

The principal Act is amended by inserting after section 5 the following section—

“5A Facilitation of money laundering

“A person who enters into or becomes concerned with an arrangement which the person
knows, or has reasonable grounds to suspect, facilitates the acquisition, concealment, retention,
use or control of proceeds of crime by or on behalf of another person commits an offence and
is liable— “

(a) on summary conviction to imprisonment for a term not exceeding six months or a fine not
exceeding two hundred thousand dollars ($200,000); or

(b) on conviction on indictment to imprisonment for a term not exceeding 7 years or to a fine
not exceeding five hundred thousand dollars ($500,000) or to both.”

4. Insertion of section 5B Participation in a criminal organisation

The principal Act is amended by inserting after section 5 the following section—

“5B Participation in a criminal organisation

“(1) A person who by act or omission, aids, abets, counsels, procures or facilitates a criminal
organisation—

(a) to commit a serious offence under any Act; or

(b) to attempt the commission of a serious offence under any Act;

commits an indictable offence and is liable upon conviction to imprisonment for a term not exceeding
five years.

The Money Laundering (Prevention) (Amendment) Act, 2009 No. 11 of 20094 No. 11 of 2009 The Money Laundering (Prevention) (Amendment) Act, 20095

[ L.S.]

I Assent,

Louise Lake-Tack,
Governor-General.

21st December, 2009.

ANTIGUA AND BARBUDA

THE MONEY LAUNDERING (PREVENTION) (AMENDMENT) ACT, 2009

No. 11 of 2009

AN ACT to amend the Money Laundering (Prevention) Act, 1996 (No.9 of 1996).

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. Short title

This Act may be cited as the Money Laundering (Prevention) (Amendment) Act, 2009

2. Interpretation

The Money Laundering (Prevention) Act 1996, (No.9 of 1996) hereinafter referred to as the principal
Act is amended in section 2—

(a) in the definition of “money laundering offence”, by repealing subparagraph (i) (a) and
(d) and substituting the following—

“ (a) sections 3, 5, 5A and 5B of this Act;

No. 11 of 2009 The Money Laundering (Prevention) (Amendment) Act, 20099

(a) on summary conviction to a fine not exceeding five hundred thousand dollars ($500,000)or
to a term of imprisonment not exceeding six months or both; or

(b) on conviction on indictment to a fine not exceeding one million dollars ($1,000,000); and

(c) in addition the licence may be suspended or revoked by the appropriate Regulatory
Authority.”

9. Amendment of section 18A Seizure and detention of suspected currency

The principal Act is amended by repealing section 18A (1) and substituting the following—

“18A(1) A Customs Officer, Police Oficer or ONDCP Officer anywhere in the jurisdiction or a
member of the Antigua and Barbuda Defence Force engaged in maritime duties may seize and
detain currency if he has reason to suspect that it is an instrumentality in the commission of an
offence against subsection 18(1) or 18(2) or is the proceeds of crime or is intended for use in
unlawful activity.”.

10. Amendment of section 18B Application to Magistrate to forfeit seized currency

Section 18B of the principal Act is amended by repealing subsection (4) paragraph (a) and substituting
the following—

“ (a) the proceeds of some form of unlawful activity or proceeds intended for use in unlawful
activity; or”

11. Amendment of section 20B Application for civil proceeds assessment order

Section 20B of the principal Act is amended in subsection (1), by repealing the word “months” and
substituting the word “years”.

“”criminal organization” means a group comprised of two or more persons including persons
outside Antigua and Barbuda, whose aims and activities include the facilitation

Passed the Senate on the 16th day of
November, 2009.

Hazlyn M. Francis,
President.

T. Thomas,
Clerk to the Senate.

Passed the House of Representatives on
the 9th day of November, 2009.

D. Gisele Isaac-Arrindell,
Speaker.

T. Thomas,
Clerk to the House of Representatives.

No. 11 of 2009 The Money Laundering (Prevention) (Amendment) Act, 20099

(a) on summary conviction to a fine not exceeding five hundred thousand dollars ($500,000)or
to a term of imprisonment not exceeding six months or both; or

(b) on conviction on indictment to a fine not exceeding one million dollars ($1,000,000); and

(c) in addition the licence may be suspended or revoked by the appropriate Regulatory
Authority.”

9. Amendment of section 18A Seizure and detention of suspected currency

The principal Act is amended by repealing section 18A (1) and substituting the following—

“18A(1) A Customs Officer, Police Oficer or ONDCP Officer anywhere in the jurisdiction or a
member of the Antigua and Barbuda Defence Force engaged in maritime duties may seize and
detain currency if he has reason to suspect that it is an instrumentality in the commission of an
offence against subsection 18(1) or 18(2) or is the proceeds of crime or is intended for use in
unlawful activity.”.

10. Amendment of section 18B Application to Magistrate to forfeit seized currency

Section 18B of the principal Act is amended by repealing subsection (4) paragraph (a) and substituting
the following—

“ (a) the proceeds of some form of unlawful activity or proceeds intended for use in unlawful
activity; or”

11. Amendment of section 20B Application for civil proceeds assessment order

Section 20B of the principal Act is amended in subsection (1), by repealing the word “months” and
substituting the word “years”.

“”criminal organization” means a group comprised of two or more persons including persons
outside Antigua and Barbuda, whose aims and activities include the facilitation

Passed the Senate on the 16th day of
November, 2009.

Hazlyn M. Francis,
President.

T. Thomas,
Clerk to the Senate.

Passed the House of Representatives on
the 9th day of November, 2009.

D. Gisele Isaac-Arrindell,
Speaker.

T. Thomas,
Clerk to the House of Representatives.

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