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Proceeds of Crime Act 1993

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No. 13 of 1993. The Proceeds of Crime Act, 1993.

P. s.1

ANTIGUA
AND

BARBUDA

I Assent,

B. T. Carrott,
Governor-General's Deputy.

26th May, 1993.

ANTIGUA AND BARBUDA

No. 13 of 1993.

AN ACT to provide for the forfeiture or confiscation of the
proceeds of certain crimes and for connected or related
matters.

[ 10th June, 1993 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows-

PART I
Preliminary

1. This Act may be cited as the Proceeds of Crime Act, 1993. Short title.

2. The principal objects of this Act are - Principal
Objects.

(a) to deprive persons of the proceeds of, and the
benefits derived from, the commission of scheduled
offences;

(6) to provide for the forfeiture of property used in, or
in conneclion with, or for the purpose of facilitating
the commission of scheduled offences;

(c) to provide for the forfeiture of property derived,
o b ~ & or ,rrea%id directly or indirectly fm the
-mission of scheduled offences:

ANTIGUA 2 The Proceeds of Crime Act, 1993. No. 13 of 1993.
AND

BARBUDA

(d) to provide for the making of confiscation orders in
respect of property shown to have been derived,
obtained or realised by a person directly or indi-
rectly, from the commission of scheduled offences;

(e) to enable law enforcement authorities to trace such
proceeds, benefits and property.

Interpretation. 3. In this Act -

"benefit" falls to be construed in accordance with section
4 (1);

"Commissioner" means the Commissioner of Police;

"confiscation order" means an order made by the Court
pursuant to section 18 (1);

"the Court" means the High Court;

"forfeiture order" means an order made by the Court
pursuant to section 10 (1);

"gift caught by this Act" falls to be construed in accordance
with section 4 (12), and (14);

"interest" in relation to property, means -

(a) a legal or equitable interest in property; or

(b) a right, power or privilege in connection with the
property;

"police officer" means a member of the Police Force;

"proceeds" means any property that is derived, obtained or
realised, directly or indirectly, by any person from the
commission of a scheduled offence;

"proceeds of crime" means -

(a) proceeds of a scheduled offence; or

(b) any property or benefits derived, obt&& or red-
i d , directly or indirectly, by any person from my

No. 13 of 1993. The Proceeds of Crime Act, 1993. 3 ANTIGUA
AND

BARBUDA

act or ommission that, occurred ouiside Antigua
and Barbuda, and would, if it had occurred in
Antigua and Barbuda, have constituted a scheduled
offence;

"production order" means an order made by the Court
pursuant to section 42;

"property" includes money and all other property, real or
personal, including things in action and other intangible or
incorporeal property;

"Public Trustee" means the Public Trustee appointed in
accordance with the Public Trustee Act.

"realisable property" falls to be construed in accordance
with section 4 (3) and (4);

"relevant application period", in relation to a person's
conviction of a scheduled offence, means the period of 12
months after -

(a) where the person is to be taken to have been
convicted of the offence by reason of section 4 (2)
(a), the day on which the person was convicted of
the offence;

(b) where the person is to be taken to have been
convicted of the offence by reason of section 4 (2)
(b), the day on which the person was discharged
without conviction;

(c) where the person is to be taken to have been convicted
of the offence by reason of section 4 (2) (c), the day
on which the court took the offence into account in
passing sentence for the other offence referred to in
that paragraph;

"restraining order" means an order made by the Court
pursuant DO section 32 (1);

' scheduled ofl'ence," means an offence specified in the
Scb.edule, and inciudcs -

ANTIGUA 4 The Proceeds of Crime Act, 1993. No. 13 of 1993.
AND

BARBUDA

(a) an offence of conspiring to commit any of those
offences;

(b) an offence of aiding, abetting, counselling or pro-
curing, or being in any way knowingly concerned
in, the commission of any of those offences;

(c) an offence of attempting to commit any of those
offences;

(d) an offence of inciting another to commit any of those
offences;

"tainted property", in relation to a scheduled offence,
means -

(a) property used in, or in connection with, the commis-
sion of the offence; or

(b) property derived, obtained or realised, directly or
indirectly, from the commission of the offence;

"unlawful activity" means an act or ommission that consti-
tutes an offence against a law in force in Antigua and
Barbuda or against a law of any other country.

"vessel" includes any ship, hovercraft or boat.

Definition of 4. (1) In this Act-
certain terms
etc. (a) "a benefit" includes any property, service or advan-

tage, whether direct or indirect;

(b) "to benefit" has a corresponding meaning;

(c) a reference to a benefit derived or obtained by, or
otherwise accruing to, a person ("A") includes a
reference to a benefit derived or obtained by, or
othe~wise accruing to, another person at 'A's request
or direction.

(2) For the purposes of this Act, a person is to be taken to be
convicted of a scheduled offence if-

(a) he is convicted, whether summarily or on indict-
ment, of the offence,

No. 13 of 1993. The Proceeds of Crime Act, 1993. 5 ANTIGUA
AND

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(b) he is charged with the offence and is found guilty but
is discharged without conviction; or

(c) a court with his consent takes the scheduled offence.
of which he has not been found guilty, into account
in sentencing him for another offence.

(3) In this Act "realisable property" means, subject to subjec-
tion (4) -

(a) any property held by a person who has been con-
victed of, or charged with, a scheduled offence; and

(b) any property held by a person to whom a person so
convicted or charged has directly or indirectly made
a gift caught by this Act.

(4) Property is not realisable property if -

(a) there is in force in respect of that property, a
forfeiture order under this Act or under any other
enactment;

(b) a forfeiture order is proposed to be made against that
property under this Act or any other enactment.

(5) For the purposes of sections 20 and 21 the amount that
might be realised at the time a confiscation order is made against
a person is the total of the values at the time of all the realisable
property held by the person, less the total amount payable in
pursuance of an obligation, where there is an obligation having
priority at the lime, together with the total of the values at that
time of all gifts caught by this Act.

(6) For the purposes of subsection (S) , an obligation has
priority at any time if it is an obligation of the person to -

(a) pay an amount due in respect of a fine, or other order
of a court, imposed or made on conviction of an
offence where the fine was imposed or the order was
made before the confiscation order, or

(b) pay an amount due in respect of any tax, rate, duty,
cess or other impost payable under any enactment
for the time being in force;

ANTIGUA 6 The Proceeds of Crime Act, 1993. No. 13 of 1993.'
AND

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(c) pay any other civil obligation as may be determined
by the Court.

(7) Subject to subsections (8) and (9), for the purposes of this
Act, the value of property (other than cash) in relation to a person
holding the property -

(a) where any other person holds an interest in the
property, is,

(i) the market value of the first mentioned per-
son's beneficial interest in the property; less

(ii) the amount required to discharge any encum-
brance on that interest; and

(b) in any other case, its market value.

(8) References in this Act to the value at any time ("the
material time") of the transfer of any property are references to -

(a) the value of the property to the recipient when he
receives it adjusted to take account of subsequent
changes in the value of money; or

(6) where subsection (9) applies, the value there men-
tioned,

whichever is the greater.

(9) Where at the material time the recipient holds -

(a) the property which he received (not being cash); or

(6) property which, in whole or in part, directly or
indirectlyrepresents in his hands the property which
he received,

the value referred to in subsection (7) (b) is the value to him at the
material time of the property mentioned in paragraph (a) of this
subsection or, as the case may be, of the property mentioned in
paragraph (b) of this subsection, so far as it represents the
property which he received.

No. 13 of 1993. The Proceeds of Crime Act, 1993. 7 ANTIGUA
AND

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(10) Subject to subsection (14), a reference to the value at any
time ("the material time") of a gift is a reference to -

(a) the value of the gift to the recipient when he received
it adjusted to take account of subsequent changes in
the value of money; or

(b) the value there mentioned, where subsection (1 1)
applies;

whichever is the greater.

(1 1) Subject to subsection (14), where at the material time a
person holds -

(a) property which he received, not being cash; or

(b) property which, in whole or in part, directly or
indirectly represents in his hands the property which
he received,

the value referred to in subsection (10) is the value to him at the
material time of the property mentioned in paragraph (a) of this
subsection or the value of the property mentioned in paragraph
(b) so far as it so represents the property which he received.

(12) A gift, including a gift made before the commencement
of this Act, is caught by this Act where -

(a) it was made by the person convicted or charged at
any time after the commission of the offence or, if
more than one, the earliest of the offences to which
the proceedings for the time being relate; and the
Court considers it appropriate in all the circum-
stances to take the gift into account;

(b) it was made by the person convicted or charged at
any time and was a gift of property -

( i ) received by the person in connection with the
commission of a scheduled offence com-
mited by him or another, or

(ii) which in whole or in part directly or indirectly
represented in the person's hands property
received by him in that connection.

ANTIGUA 8 The Proceeds of Crime Act, 1993. NO. 13 of 1993.
AND

BARBUDA

(13) The reference in subsection (12) to "an offence to which
the proceedings for the time being relate" include where the
proceedings have resulted in the conviction of the person, a
reference to any offence which the Court takes into consideration
when determining sentence.

(14) For the purpose of this Act -

(a) the circumstances in which a person is to be treated
as making a gift include those where the person
transfers property to another person directly or
indirectly for a consideration the value of which is
significantly less than the value of the consideration
provided by the person; and

(b) in those circumstances, the preceding provisions of
this section shall apply as if the person had made a
gift of such share in the property as bears to the
whole property the same proposition as the differ-
ence between the value referred to in paragraph (a)
bears to the value of the consideration provided by
the person.

PART I1

Forfeiture Orders, Confiscation
Orders and related matters

General
Application for 5. (1) Where a person is convicted of a scheduled offence
forfeiture order committed after the coming into force of this Act, the Director of
Or Public Prosecutions may apply to the Court for one or both of the
order on following orders -
conviction.

(a) a forfeiture order against property that is tainted
property in respect of the scheduled offence;

(b) a confwation order against the person in respect of
benefits derived by the person from the commission
of the scheduled offence.

(2) The Director of Public Prosecutions may not make an
application after the end of the relevant application period in
relation to the conviction.

NO. 13 of 1993. The Proceeds of Crinze Act, 1993. 9 ANTIGUA
AND

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(3) An application under this section may be in respect of one
or more than one scheduled offence.

(4) Where an application under this section is finally
determined, no further application for a forfeiture order or a
confiscation order may be made in respect of the offence for
which the person was convicted unless the Court gives leave for
the making of a new application on being satisfied -

(a) that the property, or benefit to which the new
application relates was identified after tiie previous
application was determined; or

(b) that necessary evidence became available after the
previous application was determined; or

(c) that it is in the interests of justice that the new
application be made.

6. (1) Where the Director of Public Prosecutions applies for a Notice of
forfeiture order against property in respect ofaperson's conviction application.
of a scheduled offence -

(a) the Director of Public Prosecutions must give no less
than 14 days written notice of the application to the
person and to any other person who the Director of
Public Prosecutions has reason to believe may have
an interest in the property;

(b) the person, and any other person who claims an
interest in the property, may appear and adduce
evidence at the hearing of the application; and

(c) the Court may, at any time before the final
determination of the application direct the Director
of Public Prosecutions -

(i) to give notice of the application to any person
who, in the opinion of the Court, appears to
have an interest in the property;

(ii) to publish in the Official Gazette and in a
newspaper published and circulating in
Antiguaand Barbudanotice of the application
in b e manner and containing such particulars
and within the time that the Court considers
appropriate.

ANTIGUA 10 The Proceeds of Crime Act, 1993. NO. 13 of 1993.
AND

BARBUDA

(2) Where the Director of Public Prosecutions applies for a
confiscation order against a person -

(a) the Director of Public Prosecutions must give the
person no less than 14 days written notice of the
application; and

(b) the person may appear and adduce evidence at the
hearing of the applcation.

Amendment of 7. (1) The Court hearing an application under section 5 (1)
application. may, before final determination of the application, and on the

application of the Director of Public Prosecutions, amend the
application to include any other property or benefit, as the case
may be, upon being satisfied that -

(a) the property or benefit was not reasonably capable
of identification when the application was originally
made;

(b) necessary evidence became available only after the
application was originally made.

(2) Where the Director of Public Prosecutions applies to
amend an application for a forfeiture order and the amendment
would have the effect of including additional property in the
application for the forfeiture order he must give no less than 14
days written notice of the application to amend to any person who
he has reason to believe may have an interest in the property to
be included in the application for the forfeiture order.

(3) Any person who claims an interest in the property to be
included in the application for the forfeiture order may appear
and adduce evidence at the hearing of the application to amend.

(4) Where the Director of Public Prosecutions applies to
amend an application for a confiscation order against a person
and the effect sf the amendment would be in include additional
benefit in the application for the confiscation order he must give
the person no less than 14 days written notice sf ihc applicr~sion
to amend.

NO. 13 of 1993. The Proceeds of Crime Act, 1993. 11 ANTIGUA
AND

BARBUDA

8. (1) Where an application is made to the Court for a Procedure on
forfeiture order or a confiscation order in respect of a person's application.
conviction of a scheduled offence whether in the magistrate's
court or in thecourt, Lhc Court may, in determining the application,
have regard to the transcript of any proceedings against the
person for the offence.

(2) Where an application is made for a forfeiture order or a
confiscation order to the Court before which the person was
convicted, and the Court has not, when the application is made,
passed sentence on the person for the offence, the Court may, if
it is satisfied that it is reasonable to do so in all the circumstances
defer passing sentence until it has determined the application for
the order.

9. (1) Wherea person absconds in connection with ascheduled Application for

offence committed after the coming into force of this Act, the in forfeiture

Director of Public Prosecutions may apply t the Court for a On

forfeiture order under section 17 in respect of any tainted property. abscondence.

(2) For the purposes of this section, a person shall be deemed
to have absconded in connection with a scheduled offence if -

(a) an information has been laidalleging thecommission
of the offence by the person;

(b) a warrant for the arrest of the person has been issued
in relation to that information: and

(c) reasonable attempts to arrest the person pursuant to
the warrant have been unsuccessful during the period
of six months commencing on the day the warrant
was issued:

and the person shall be deemed to have so absconded on the last
day of that period of six months.

(3) Where the Director of Public Prosecutions applies under
this section for a forfeiture order against any tainted property the
Court shall, before hearing the application -

(i) require notice of the application to be given to
any person who, in the opinion of the Court,
appears to havc an interest in the propeny;

ANTIGUA 12 The Proceeds of Crime Act, 1993. NO. 13 of 1993.
AND

BARBUDA

(ii) direct notice of theapplication to be published
in the Official Gazette and in a newspaper
published and circulating. in Antigua and
Barbuda containing such particulars and for
so long as the Court may require.

Forfeiture Orders

Forfeiture Order 10. (1) Where the Director of Public Prosecutions applies to
on conviction. the Court for a forfeiture order against property in respect of a

person's conviction for a scheduled offence and the Court is
satisfied that the property is tainted property in respect of the
offence, the Court may order that the property or such property
as is specified by the Court in the order be forfeited to the Crown.

(2) In determining whether property is tainted property the
Court may infer -

(a) that the property was used in, or in connection with
the Commission of the offence, where the evidence
establishes that the property was in the person's
possession at the time of, or immediately after, the
commission of theoffence for which the person was
convicted;

(b) that the property was derived, obtained or realised as
a result of the commission by the person of the
scheduled offence for which the person was
convicted, where the evidence establishes that
property, and in particular money, was found in the
person's possession or under his control in a building,
vehicle, receptacle or place during the course of
investigations conducted by the police before or
after the arrest and charge of the person for the
scheduled offence for which the person was
convicted;

(c) that the value of the increase represents property
which was derived, obtained or rmlised by the
person directly or indirectly from thecommission of
the scheduled offence for which the person was
convicted, where the evidence establishes that the
value,after thecommission of the scheduledoffence,

No. 13 of 1943. The Proceeds of Crinze Act, 1993. 13 ANTIGUA
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of all ascertainable property of a person convicted of
the scheduled offence exceeds the value of all
ascertainable property of that person prior to the
commissionof thatoffence,and thecourt is satisfied
that the income of that person from sources unrelated
to criminal activity of that person cannot reasonably
account for the increase in value.

(3) Where the Court orders that property ,other than money, be
forfeited to the Crown, the Court shall specify in the Order the
amount that it considers tobe the value of the property at the time
when the order is made.

(4) Inconsidering whether a forfeiture order should be made
under subsection (I), the Court shall have regard to -

(a) the rights and interests, if any, of third parties in the
property;

(b) the gravity of the offence concerned;

(c) any hardship that may reasonably be expected to be
caused to any person, by the operation of the order;
and

(d) the use that is ordinarily made of the property, or the
use to which the property was intended to be put.

(5) Where the Court makes a forfeiture order the Court may
give such directions as are necessary or convenient for giving
effect to the order.

11. (1) Subject to subsection (2), where the Court makes a Effect of
forfeiture order against any property, the property vests absolutely forfeiture order.
in the Crown by virtue of the order.

(2) Where property directed by a forfeiture order to be forfeited
is registrable property -

(a) the property vests in the Crown in equity but does not
vest in the Crown at law until the applicable
regismtion requirements have been complied with;

(b) the Crown is entitled to be registered as owner of the
property;

ANTIGUA 14 The Proceeds of Crime Act, 1993. NO. 13 of 1993.
AND

BARBUDA

(c) the Attorney-General has power on behalf of the
Crown to do, or authorise the doing of, anything
necessary or convenient to obtain the registration
of the Crown as owner, including the execution of
any instrument required to be executed by a
person transferring an interest in property of that
kind.

(3) Where the Court makes a forfeiture order against
property -

(a) the property shall not, except with the leave of the
Court and in accordance with any directions of
the Court be disposed of, or otherwise dealt with,
by or on behalf of the Crown, before the relevant
appeal date; and

(b) if, after the relevant appeal date, the order has not
been discharged, the property may be disposed of
and the proceeds applied or otherwise dealt with
in accordance with the direction of the Attorney
General.

(4) Without limiting t!e generality of subsection (3) (b) the
directions that may be given pursuant to that subsection
include a direction that property is to be disposed of in
accordance with the provisions of any enactment specified in
the direction.

(5) In this section -

"registerable property" means property the title to which is
passed by registration in accordance with the provisions of

NO. 17 of 1975. the Registered Land Act;

"relevant appeal date" used in relation to a forfeiture order
made in consequence of a person's conviction of a scheduled
offence, means -

(a) the dateon which the period allowed by mles of court
for the lodging of an appeal ag2Gnst a person's
conviction or for the lodging of an a p e against the
making of a forfeiture order expires without an
appeal having been Pdged, wh~chever is PYne later;
or

No. 13 of 1993. The Proceeds of Crime Act, 1993. 15 ANTIGUA
AND

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(b) where an appeal against a person's conviction or
against the making of a forfeiture order is lodged,
the date on which the appeal lapses in accordance
with the rules of court or is finally determined,
whichever is the later.

12. The Court may -

(a) before making a forfeiture order; and

Voidable
transfers.

(b) in the case ofproperty in respect of which arestraining
order was made; where the order was served in
accordance with section 33;

set aside any conveyance or transfer of the property that occurred
after the seizure of the property or the service of the restraining
order, unless the conveyance or transfer was made for valuable
consideration to aperson acting in good faith and without notice.

13. (1) Where an application is made for a forfeiture order Protection of
against property, a person who claims an interest in the property third parties.
may apply to the Court, before the forfeiture order is made, for an
order under subsection (2).

(2) If a person applies to the Court for an order under this
section in respect of his interest in property and the Court is
satisfied on a balance of probabilities -

(a) that he was not in any way involved in the commission
of the offence; and

(6) where he acquired the interest during or after the
commission of the offfence, that he acquired the
interest -

(i) for sufficient consideration; and

(ii) without knowing, and in circumstances such
as not to arouse a reasonable suspicion, that
the property was, at the time he acquired it,
property that was tainted property;

the Court shall make an order declaring the nature, extent and
value (at the time the order is made) of his interest.

ANTIGUA 16 The Proceeds of Crime Act, 1993. NO. 13 of 1993.
AND

BARBUDA

(3) Subject to subsection (41, where a forfeiture order has
already been made directing the forfeiture of property, a person
who claims an in~erest in the property may before the end of the
period of 12 months commencing on the day on which the
forfciture order is made, apply under this subsection to the Court
for an order under subsection (2).

(4) A pcrson who -

(a) had knowledge of the application for the forfeiture
order before the order was made; or

(b) appeared at the hearing of that application;

shall not be permitted to make an application under subsection
(3), except with the leave of the Court.

(5) A person who makes an application under subsection (1)
or (3) must give no less than 14 days written notice of the malting
of the application to the Director of Public Prosecutions, who
shall be a party to an) proceedings in the application.

(6) An applicant or the Director of Public Prosecutions may in
accordance with the rules of Court, appeal to the Court of Appeal
from an order made under subsection (2).

(7) The Public Trustee or such other person appointed under
section 32 (1) (g) (i) shall, on applicationmadeby any person who
has obtained an order under subsection (2), and where the period
allowed by the rules of court with respect to themaking of appeals
has expired and any appeal from that order taken under subsection
(6) has been determined -

(a) direct that the property or the part thereof to which
the interest of the applicant relates be returned to the
applicant; or

(b) direct that an amount equal to the value of the interest
of the applicant, as declared in the order, be paid to
the applicant.

Discharge of 14. (1) Where the Court makes a forfeiture order against
forfeiture property in reliance on a person's conviction of a scheduled on appeal and
quashing of offence and the conviction is subsequently quashed, the quashing
conviction. of the conviction discharges the order.

NO. 13 of 1993. The Proceeds of Crime Act, 1993. 17 ANTIGUA
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(2) Where a forfeiture order against property is discharged as
provided for in subsection (1) or by the Court hearing an appeal
against the making of the order, any person who claims to have
an interest in the property immediately before the making of the
forfeiture order may a2ply to the Public Trustee in writing for the
iransfer of the interest to the person.

(3) On receipt of an application under subsection (2) the
Public Trustee shall -

(a) if the interest is vested in the Crown, give directions
that the property or part thereof to which the interest
of the applicant relates be transferred to the person;
or

(6) in any other case, direct that there be payable to the
person an amount equal to the value of t$e interest
as at the time the order is made.

(4) In the exercise of his powers under this section and section
13 the Public Trustee or such other person appointed under
section 32 (1) (g) (i) shall have the power to do or authorise the
doing of anything necessary or convenient to effect the transfer
or return of property, including the execution of any instrument
and the making of an application for the registration of an interest
in the property on any appropriate register.

15. Where the Court is satisfied that a forfeiture order should Payment instead
be made in respect of the property of a person convicted of a of forfeiture
scheduled offence but that h e property or any part thereof or
interest therein cannot be made subject to such an order and, in
particular-

(a) cannot, on the exercise of due diligence, be located;

(t) has been transferred to a third party in circumstances
which do not give rise to a reasonable inference that
the title or interest was transferred for the purpose of
avoiding the forfeiture of the property;

(c) is located outside Antigua and Barbuda;

(d) has been substantially diminshed in value or rendered
worthless; or

(e) has been commingled withother property that cannot
be divided wilhout difficulty,

ANTIGUA 18 The Proceeds of Crime Act, 1993. No. 13 of 1993.
AM)

BARBUDA

the Court may, instead of ordering the property or part thereof or
interest therein to be forfeited, order the person to pay to the
Crown an amount equal to the value of the property, part or
interest.

Application of 16. (1) Where the Court orders a person to pay an amount
procedure for under section 15 that amount shall be treated as if it were a fine
enforcing fines. imposed upon him in respect of a conviction of a scheduled

offence and the Court shall -

(a) notwithstanding anything contained in section 23
NO. 6 of 1982. and 50 of the Interpretation Act, impose, in default

of the payment of that amount, a term of
imprisonment-

(i) of 18 months, where the amount does not
exceed $10,000;

(ii) of 2 years, where the amount exceeds $10,000
but does not exceed $20,000;

(iii) of 3 years, where the amount exceeds $20,000
but does not exceed $50,000;

(iv) of 5 years, where the amount exceeds $50,000
but does not exceed $100,000;

(v) of7 years, where theamount exceeds$100,000
but does not exceed $200,000;

(vi) of 10 years, where the amount exceeds
$200,000 but does not exceed $1,000,000;

(vii) of 15 years, where the amount exceeds
$1,000,000;

No. 21 of 1973

Cap. 220

No. 21 of 1973

(b) direct that the term of imprisonment impsed pursuant
to paragraph (a), in the case of conviction for an
offence against the Misuse of Drugs Act, be served
consecutively to any other form of imprisonment
imposed on the person, or that the person is then
serving;

(c) direct that the Prisons Act and any regulations made
thereunder regarding the remission of sentences of
prisoners serving a term of imprisonment shall not
apply in relation to a term of imprisonment imposed
on a person pursuant to paragraph (a) in the case of
a conviction for an offence against the Misuse of
Drugs Act.

NO. 13 of 1993. The Proceeds of Crime Act, 1993. 19 ANTIGUA
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17. (1) Subject to section 9 (3). where an application is made Forfeiture order
to the Court under section 9 (1) for a forfeiture order against any on abscondence.
tainted property in consequence of a person's abscondence in
connection with a scheduled offence and the Court is satisfied
that-

(a) any property is tainted property in respect of the
offence;

(b)proceedings in respect of a scheduled offence
committed in relation to that property were
commenced: and

(c) the accused charged with the offence referred to in
paragraph (b) has absconded;

the Court may order that the property or such of the property as
is specified by the Court in the order be forfeited to the Crown.

(2) The provisions of sections 10(2), (3), (4) and (5),11,12 and
13 shall apply with such modifications as are necessary to give
effect to this section.

Confiscation Orders

18. (1) Subject to this section, where the Director of Public Confiscation
Prosecutions applies to the Court for a confiscation order against order On

a person in respect of that person's conviction of a scheduled conviction.

offence the Court shall, if it is satisfied that the person has
benefited from that offence order him to pay to the Crown an
amount equal to the value of his benefits from the offence or such
lesser amount as the Court certifies in accordance with section 21
tobe the amount that mightberealisedat the time the confiscation
order is made.

(2) The Court shall assess the value of the benefits derived by
aperson from the commission of an offence in accordance with
sections 19 to 22.

(3) The Court shall not make a confiscation order under this
section-

(a j until the period allowed by the rules of court for the
lodging of an appeal against conviction has expired
without such an appeal having been lodged; or

ANTIGUA 20 The Proceeds of Crime Act, 1993. No. 13 of 1993.
AND

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(b) where an appeal against convictions has been
lodged, until the appeal lapses in accordance with
the rules of court or is finally determined, which-
ever is the later date.

Rules for 19. (1) Where a person obtains property as the result of, or in
determining
benefit and connection with the commission of, a scheduled offence, his

assessing value. beneiit is the value of the property so obtained.

(2) Where a person derives an advantage as a result of or, in
connection with the commission of a scheduled offence, his
advantage shall be deemed to be a sum of money equal to the
value of the advantage so derived.

(3) The Court, in determining whether a person has benefited
from the commission of a scheduled offence or from that offence
taken together with other scheduled offences and, if he has, in
assessing the value of the benefit, shall unless the contrary is
proved, deem-

(a) all property appearing to the Court to be held by the
person on the day on which the application is made;
and

(b) all property appearing to the Court to be held by the
person at any time;

(i) within the periodbetween theday the scheduled
offence,or theearliest offence, was committed
and the day on which the application is made;
or

(ii) within the period of 6 years immediately
before the day on which the application is
made whichever is longer;

to be property that came into the possession or under the control
of the person by reason of the commission of that scheduled
offence or those scheduled offences for which the person was
convicted;

(c) any expenditure by the person since the beginning of
that period to be expenditure met out of payments
received by him as a result of, or in connection wih,
the commission of that scheduled offence or those
scheduled offences; and

NO. 13 of 1993. 7'hr Proceeds of Crime Act, 1993. 21 ANTIGUA
AND

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(d) any property received or deemed to have been
received by the person at any time as a result of, or
in connection with, the commission by him of that
scheduled offence, or those scheduled offences as
property received by him free of any interest therein.

(4) Where a confiscation order has previously been made
against a person, in assessing the value of any benefit derived by
him from the commission of the scheduled offence, the Court
shall leave out of account any of his benefits that are shown to the
Court to have taken into account in determining the amount to be
recovered under that order.

(5) If evidence is given at the hearing of the application that the
value of the person's property at any time after the commission of
the scheduled offence exceeded the value of the person's property
before the commission of the offence, then the Court shall,
subject to subsection (6), treat the value of the benefits as being
not less than the amount of the excess.

(6) If, after evidence of the kind referred to in subsection (5)
is given, the person satisfies the Court that the whole or part of the
excess was due to causes unrelated to the commission of the
scheduled offence, subsection (5) does not apply to the excess or,
as the case may be, that part.

20. (1) Where- Statements relating to
benefits from
commission of
scheduled

(a) a person has been convicted of a scheduled offence
and the Director of Public Prosecutions tenders to
the Court a statement as to any matters relevant-

(i) to determining whether the person has benefited
from the offence or from any other scheduled
offence of which he is convicted in the same
proceedings or which is taken into account in
determining his sentence, or

(ii) to an assessment of the value of the person's
benefit from theoffenceor any other scheduled
offence of which he is so convicted in the same
proceedings or which is so taken into account;
and

(b) the person accepts to any extent an allegation in the
statement,

the Court may, for the purposes of so determining or making that
assessment, ueat his acceptance as conclusive of the matters to
which it relates.

ANTIGUA 22 The Proceeds of Crime Act, 1993. NO. 13 of 1993.
AND

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(2) Where-

(a) a statement is tendered under subsection (1) (a), and

(b) the Court is satisfied that a copy of that statement has
been served on the person,

the Court may require the person to indicate to what extent he
accepts each allegation in the statement and, so far as he does not
accept any such allegation, to indicate any matters he proposes to
re1 y on.

(3) Where the person fails in any respect to comply with a
requirement under subsection (2), he may be treated for the
purposes of this section as having accepted every allegation in the
statement, other than-

(a) an allegation in respect of which he has complied
with the requirement; and

(b) an allegation that he has benefited from the scheduled
offence or that any property or advantage was
obtained by him as a result of, or in connection with
the commission of the offence.

(4) Where-

(a) the person tenders to the Court a statement as to any
matters relevant to determining the amount that
might be realised at the time the confiscation order
is made; and

(b) the Director of Public Prosecutions accepts to any
extent any allegation in the statement,

the Court may, for the purposes of that determination, treat the
acceptance of the Director of Public Prosecutions as conclusive
of the matters to which it relates.

(5) An allegation may be accepted or a matter indicated for the
purposes of this section either -

(a) orally before the Courc or

(b) in writing in accordance with rules of court.

(6) An acceptance by a person under this section that he
received any benefits from the commission of a scheduled
offence is admissible in any proceedings for any offence.

NO. 13 of 1993. The Proceeds of Crime Act, 199.7. 23 ANTIGUA
AND

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21. (1) Subject to subsection (2), the amount to be recovered Amount
in the person's case under a confiscation order shall be the amount recovered under
which the Court assesses to be the value of the person's benefit confiscation
from the scheduled offence or if more than one, all the offences order.
in respect of which the order may be made.

(2) Where the Court is satisfied as to any matter relevant for
determining the amount which might be realised at the time the
confiscation order is made (whether by an acceptance under
section 20 or otherwise) the Court may issue a certificate giving
the Court's opinion as to the matters concerned, and shall do so
if satisfied that the amount that might be realised at the time the
confiscation order is made is less than the amount that the Court
assesses to be the value of the person's benefit from the offence,
or if more than one, all the offences in respect of which the
confiscation order may be made.

22. (1) Where- Variation of
confiscation

(a) the Court makes a confiscation order against a
person in relation to a scheduled offence;

(6) in calculating the amount of the confiscation order,
the Court took into account a forfeiture of the
property or a proposed forfeiture order in respect of
property; and

(c) an appeal against the forfeiture or forfeiture order is
allowed or the proceedings for the proposed forfeiture
order terminate without the proposed forfeiture
order bcing made;

the Director of Public Prosecutions may apply to the Court for a
variation of the confiscation order to increase the amount of the
order by the value of the property not so forfeited and the Court
may, if it considers it appropriate to do so, vary the order
accordingly.

(2) Where-

(a) the Court makes a confiscation order against a
person in relation to a scheduled offence;

(6) in calculating the amount of the confiscation order,
the Court took into account, in accordance with
section 4 (5) and (6) an amount of tax paid by the
person; and

ANTIGUA 24 The Proceeds of Crime Act, 1993. NO. 13 of 1993.
AND

BARBUDA

(c) an amount is repaid or refunded to the person in
respect of that tax,

the Director of Public Prosecutions may apply to the Court for a
variation of the confiscation order to increase the order by the
amount repaid or refunded and the Court may, if it considers it
appropriate to do so, vary the order accordingly.

Court may lift 23. (1) In assessing the value of benefits derived by a person
corporate veil. from the commission of a scheduled offence, the Court may treat

as property of the person any property that, in the opinion of the
Court, is subject to the effective control of the person whether or
not he has-

(a) any legal or equitable interest in the property; or

(b) any right, power or privilege in connection with the
property

(2) Without prejudice to the generality of subsection (1) the
Court may have regard to-

(a) shareholdings in, debentures over or directorships in
any company that has an interest, whether direct or
indirect, in the property, and for this purpose the
Court may order the investigation and inspection of
the books of a named company;

(b) any trust that has any relationship to the property;

(c) any relationship whatsoever between persons having
an interest in the property or in companies of the
kind referred to in paragraph (a) or trust of the kind
referred to in paragraph (b), and any other persons.

(3) Where the Court, for the purposes of making a confiscation
order against a person, treats particular property as the person's
property pursuant to subsection (I) , the Court may, on application
by the Director of Public Prosecutions, make an order declaring
that the property is available to satisfy the order.

(4) where the Court declares that property is available to
satisfy a confiscation order-

(a) the order may be enforced against the property as if
the property were property of the person against
whom the order is made; and

No. 13 of 1993. 171e Proceeds c?f Cnnw Act. 1993. 25 ANTIGUA
AND

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(b) a restraining order may be made in respect of the
property as if the property were property of the
person against whom the order is made.

(5) Where the Director of Public Prosecutions makes an
application for an order under subsection (3) that property is
available to satisfy a confiscation order against a person-

(a) the Director of Public Prosecutionsshall give written
notice of the application to the person and to any
person who the Director of Public Prosecutions has
reason iu believe may havc an interest in ';he property;
and

(b) the person and any person who claims an interest in
the property may appear and adduce evidence at the
hearing.

24. Where the Court orders a person to pay an amount under Enforcement of
a confiscation order the provisions of section 16 shall apply with confiscation
such modifications as the Court may determine for the purpose of orders.
empowering the Court to impose a term of imprisonment on a
person in default of compliance by him of a confiscation order.

PART 111

Provisions for facilitating Police
Investigations and Preserving

property liable to Forfeiture and
Confiscation Orders

Powers of Search and Seizure

25. (1) Where a police officer has reasonable grounds for Warrant to
suspecting that there is, or there may be within the next following search land etc.
72 hours, tainted property upon any land or upon or in any for t ~ n t d
premises the police officer may lay before a magistrate an
information on oath setting out those grounds and apply for the ProFtY'
issue of a warrant to search the land or premises for tainted
property.

(2) Where an application is made under subsection (1) for a
search warrant, the magistrate may, subject to section 26, issue a
warrant authorising a police officer (whether named in the
warrant or not) with such assistance and by such force as is
necessary and reasonable-

ANTIGUA 26 The Proceeds of Crime Act, 1993. No. 13 of 1993.
AND

BARBUDA

(a) to enter upon the land or upon or into the premises;

(b) to search the land or premises for tainted property;
and

(c) to seize property found in the course of the search
that the police officer believes on reasonablegrounds,
to be tainted property.

Restrictions on
issue of search
warrmts.

Matters to be
included in
search wmant.

Police may
seize other
tainted property.

26. A magistrate shall not issue a warrant under section 25
unless-

(a) the informant or some other person has given to the
magistrate,eifier on oath or by affidavit, any further
information that the magistrate may require
concerning the grounds on which the issue of the
warrant is sought;

(b) the magistrate is satisfied that there are reasonable
grounds for issuing the warrant.

27. A warrant issued under section 25 shall include-

(a) a statement of the purpose for which the warrant is
issued, and a reference to the nature of the scheduled
offence;

(b) a description of the kind of property to be seized;

(c) a time, not being later than twenty-eight days, upon
which the warrant ceases to have effect: and

(d) a statement as to whether entry is authorised to be
made at any time of the day or night, or during
specified hours of the day or night.

28. Where in the course of a search under a warrant issued
pursuant to section 25 for tainted property in relation to a
scheduled offence, a police officer finds-

(a) property that he believes, on reasonable grounds, to
be-

(i) tainted properiy in relation to the offence,
although nolofakind specified in the warrant,
or

(ii) tainted property in relation to another scheduled
offence, or

NO. 13 of 1993. ?'he Proceeds of Crime Act, 1993. 27 ANTIGUA
AND

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(b) anything that he believes, on reasonable grounds
will dIord evidence as to the commission of a
criminal ofknce,

and the police officer believes, on reasonable grounds that it is
necessary to seize that property or thing in order to prevent its
concealment, lossordcslruction or itsuse incommitting continuing
or repeating the offence or any other offence, the warrant shall be
deemed to authorise the police officer to seize that property or
thing.

29. (1) A police officer who executes a warrant issued under Record of
this Part shall - property seized.

(a) detain the property seized, taking reasonable care to
ensure that the property is preserved so that it may
be dealt with in accordance with h e law;

-

(b) as soon as practicable after the execution of the
warrant, but within a period of 48 hours thereafter,
prepare a written report, identifying the property
seized and the location where the property is being
detained and forward a copy of the report to theclerk
of the court in the magisterial district where the
property is being detained.

(2) A magistrate shall, on application, provide a copy of the
report-

(a) to the person from whom the property was seized;
and

(b) to any other person who appears to the magistrate to
have an interest in the property.

(3) A request under subsection (2) by a person other than the
person from whom the property was seized, shall be in writing
and supported by affidavit sworn to by the person making the
request.

30. (1) Where property has been seized under section 28, Return of
otherwise than because it may afford evidence of the commission property seized.
of a scheduled offence, any person who claims an interest in the
property may apply to the Court for an order that the property be
returned to him.

ANTIGUA 28 The Proceeds of Crime Act, 1993. NO. 13 of 1993.
AM)

BARBUDA

(2) Where a person makes an application under subsection (1)
and the Court is satisfied that-

(a) the person is entitled to possession of the property;

(b) the property is not tainted property in relation to the
scheduled offence; and

(c) the person in respect of whose conviction, charging
or proposed charging the seizure of the property was
made has no interest in the property,

the Court shall order the Commissioner to return the property to
the person, and the Commissioner shall arrange for the property
to be returned.

(3) Where-

(a) at the time when the property was seized, an
information had not k e n laid in respect of a
scheduled offence,

(b) property has been seized under section 28, otherwise
than because it may afford evidence as to the
commission of an offence,

(c) at the end of the perid of 48 hours after the time
when the property was seized, an information has
not been laid in respect of a scheduled offence,

the Commissioner shall, subject to subsections (5) and (6),
arrange for the property to be returned to the person from whose
possession it was seized as soon as practicable after the end of that
period.

(4) Where-

(a) property hasbeen seized under section 28, otherwise
than because it may afford evidence as to the
commission of a scheduled offence;

(b) either of the following conditions is satisfied, that is
to my,

NO. 13 of 1993. The Proceeds of Crime Act, 1993. 29 ANTIGUA
AND

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(i) belore the property was seized, a person had
been convicted of a scheduled offence or an
information had been laid in respect of a
scheduled offence, or

(ii) before the property was seized, an information
had not been laid in respect of a scheduled
offence, but an information was laid in respect
of a scheduled offence within 48 hours after
the time when the property was seized; and

(c) no forfeiture order has been made against the property
within the period of 14 days after the property was
seized;

the Commissioner shall, subject to subsections (5) and (6),
arrange for the property to be returned to the person from whose
possession it was seized as soon as practicable after the end of that
period.

(5) Where-

(a) property has been seized under section 28, other-
wise than because it may afford evidence as to the
commission of a scheduled offence;

(b) but for this subsection, the Commissioner would be
required to arrange for the property tobe returned to
a person as soon as practicable after the end of a
particular period; and

( c ) before the end of that period, a restraining order is
made in relation to the property;

the Commissioner shall,

(ij arrange for the property to be given to the
Public Trustee in accordance with the
restraining order, if therestraining order directs
the Public Trustee to take custody and control
of the property;

ANTIGUA 30 The Proceeds of Crime Act; 1993. No. 13 of 1993.
AND

BARBUDA

(ii) arrange for the property to be kept until it is
dealt with in accordance with any other
provision of this Act, if the Court that made
the restraining order has made an order under
subsection (6) in relation to the proprty.

(6) Where-

(a) property has been seized under section 28, other-
wise than because it may afford evidence as to the
commission of a scheduled offence;

(b) a restraining order is made in relation to the property;
and

(c) at the time when the restraining order is made, the
property is in the possession of the Commissioner;

the Commissioiner may apply to thecourt that made the restraining
order for an order that he retain possession of the property, and
the Court may, if satisfied that there are reasonable grounds for
believing that the property may afford evidence as to the
commission of a scheduled offence or any other offence, make an
order that the Commissioner retain the property for so long as the
property is so required as evidence as to the commission of the
offence.

(7) Where the Commissioner applies to the Court for an order
under subsection (6), a witness shall not be required to answer
any question or to produce any document if the Court is satisfied
that the answering of the question or the production of the
document may prejudice the investigation, or the prosecution of
a person for, an offence.

(a) property has been seized under section 28, otherwise
than because it may afford evidence as to the
comn~ission of a scheduled offence:

(b) an application is made for a restraining order or a
forfeiture order in respect of the property;

No. 13 of 1993. The Proceeds of Crime Act, 1993. 3 1 ANTIGUA
AND

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(c) the application is refused; and

(d) at the time when the application is refused, the
property is in the possession of the Commissioner;

the Commissioner shall arrange for the property to be returned to
the person from whose possession it was seized as soon as
practicable after the refusal.

(9) Where-

(a) property has been seized under section 28; and

(6) while the property is in the possession of the
Commissioner a forfeiture order is made in respect
of the property;

the Commissioner shall deal with the property as directed by the
order.

Restraining Orders

31. (1) Where a person, (in this section and section 32 called Application for
"the defendantn)- restraining

order.

(a) has been convicted of a scheduled offence; or

(b) has been charged with a scheduled offence;

the Director of Public Prosecutions may apply to the Court for a
restraining order against any realisable property held by the
defendant or specified realisable property held by a person other
than the defendant.

(2) An application for a restraining order may be made ex
parte and shall be in writing and be accompanied by an affidavit
stating-

(a) where the defendant has been convicted of a scheduled
offence, the scheduled offence for which the
defendant was convicted, thedate of theconviction,
the Court before which the conviction was obtained
and whether an appeal has been lodged against the
conviction;

ANTIGUA 32 The Proceeds of Crime Act, 1993. No. 13 of 1993.
AND

BARBUDA

(b) where the defendant has not been convicted of a
scheduled offence, the scheduled offence for which
he is charged and the grounds for believing that the
defendant committed the offence;

(c ) a description of the property in respect of which the
restraining order is sought;

(d) the name and address of the person who is believed
to be in possession of the property;

(e) the grounds for the belief that the property is tainted
property in relation to the offence;

@ the grounds for the belief hat the defendant derived
a benefit directly or indirectly for the commission of
the offence;

(g) where the application seeks a restraining order
againstproperty of a person, other than the defendant,
the grounds for the belief that the property is tainted
property in relation to the offence and is subject to
the effective control of the defendant;

(h) the grounds for the belief that a forfeiture order or a
confiscation order may be or is likely to be made
under this Act in respect of the property.

Restraining 32. (1) Subject to this section, where the Director of Public
orders. Prosecutions applies to the Court for a restraining order against

property and the Court is satisfied that -

(a) the defendant has been convicted of a scheduled
offence, or has been charged with a scheduled
offence;

(b) there are reasonable grounds for believing that the
defendant committed the offence, where the
defendant has not been convicted of a scheduled
offence;

(c) there is reasonable cause to believe that the property
is tainted property in relation to an offence or that
the defendant derived a benefit directly or indirectly
from the commission of the offence:

NO. 13 of 1993. The Proceeds of Crime Act, 1993. 33 ANTIGUA
AND

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(d) there are reasonable grounds for believing that h e
property is tainted property in relation to an offence
and that the property is subject to the effective
control of the defendant, where the application
seeks a restraining order against property of a person
other than the defendant; and

(e) there are reasonable grounds for believing that a
forfcitureorder or aconfiscation order is likely to be
made under this Act in respect of the property;

the Court may make an order,

(fl prohibiting thedefendant orany person from disposing
of, or otherwise dealing with, the property or such
part thereof or interest therein as is specified in the
order, except in such manner as may be specificd in
the order; and

(g) at the request of the Director of Public Prosecutions,
where the Court is satisfied that the circumstances
so require-

(i) directing the Public Trustee or such other
pcrson as the Court may appoint to take custody
of the property or such part thereof as is
specified in the order and to manage or
otherwise deal with all or aqy part of the
propcrty in accordance with the directions of
the Court; and

(ii) requiring any person having possession of the
property to give possession thereof to the
Public Trustee or to the person appointed
under sub-paragraph (i) to take custody and
control of the property.

(2) Until a Public Trustee is appc)inted the Registrar, Deputy
Registrar or the Assistant Registrar of the Supreme Court shall
perfom the duties of Public Trustee under this Act.

ANTIGUA 34 The Proceeds of Crilne Act, 1993. No. 13 of 1993.
AND

BARBUDA

(3) An or&r under subsection (1) may be made subject to such
conditions as the Court thinks fit and, without limiting the generality
of this, may make provision for meeting, out of the property or a
specified part of the property, all or any of the following -

(a) the person's reasonable living expenses (including the
reasonable living expenses of the person's dependants
(if any)) and reasonable business expenses;

(b) the person's reasonable expenses in defending the
criminal charge and any p r d i n g s under this Act.

(4) In determining whether there are reasonable grounds for
believing the property is subject to the effective control of the
defendant the Court may have regard to the matters referred to in
sectior~ 23 (2).

(5) Where the PublicTrustee or such other person appointed under
subsection (I) (g) (i) is given a direction in relation to any property,
the Public Trustee or that other person may apply by summons to the
Court for directions or any question respecting the manage

m

ent or
preservation of the property under his control.

(6) An application under subsection (4) shall be served upon all
persons interested in the application or such of them as the Court
thinks expedient and all such persons shall be at liberty to appear at
the hearing and be heard.

(7) The Public Tmstee or such other person appointed under
subsection (1) (g) (i) in acting on directions given by the Court shall
be deemed to have discharged his duty in the subject matrer of the
application.

Undertaking by 33. (1) Before &g an order under section 32, the Court may
Crown. require the Crown to give such undertalungs as the Court considers

appropriate with respect to the payment of damages or costs, or both,
in relation to the malung and execution of the order.

(2) For the purposes of this section, the Director of Public
Prosecutions may, after consultation with the Attorney General, on
behalf of thecrown, give to the Court such undestalungs with respect
to the payment of damages or costs, or both, as are required by the
Court.

Notlce of 34. Before m&ng a reesmnrug order, the Cnwt sndy require
appllcatron for nonce to be given to, and may hear, :my pemm 17 b. ~ 1 - i hc oplrlron
restra~n~ng order of the court, appears to have XI rrsterest m the pfojx,nQ, unless the

Courtisoftheop~uon hatgglmg suchn~~~xf.xforerr~~k~iki) tberatder
wouldre~ultin the disapparancx, dssipatmn srrcdclrt I c~ r? m value dE
the p:operty.

No. 13 of 1993. The Proceeds of Crime Act, 1993. 35 ANTIGUA
AND

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35. A copy of a restraining order shall be served on a person
affected by the order in such manner as the Court directs or as
map be prescribed by rules of court.

36. (1) A copy of a restraining order which affects lands,
tenements or hereditaments la Antigua and Barbuda shall be
registered with the Registrar of the Supreme Court in accordance
with the Reciprocal Enforcement of Judgments Act, and with the
Registrar of Lands.

(2) A restraining order is of no effect with respect to registered
land unless it is registered as a charge under the Registered Land
Act.

(3) Where particulars of a restraining order are recorded or
registered, as the case may be, in accordance with the Reciprocal
Enforcement of Judgments Act or the Registered Land Act, a
person who subsequently deals with the property shall, for the
purposes of section 37, be deemed to have notice of the order at
the time of the dealing.

37. (1) A person who knowingly contravenes a restraining
order by disposing of, or otherwise dealing with, property that is
subject to the restraining order commits an indictable offence
punishable upon conviction by-

(a) a fine of $100,000 or imprisonment for a period of
5 years or both, in the case of a natural person; or

(b) a fine of $500,000, in the case of a body corporate.

(2) Where a restraining order is made against property and the
property is disposed of, or otherwise dealt with, in contravention
of the restraining order, and h e disposition or dealing was not for
sufficient consideration or not in favour of a person who acted in
good faith and without notice, the Director of Public Prosecutions
may apply to the Court that made the restraining order for an
order that the disposition or dealing be set aside.

(3) Where the Director of Public Prosecutions makes an
application under subsection (2) in relation to a disposition or
dealing, che Court may-

Service of
restraining
order.

Registration of
restraining
order.

Cap. 69.

No. 17 of 1975.

Cap. 69.
No. 17 of 1975.

Contravention of
restraining order.

(a) set aside the disposition or dealing as from the day
on which the disposition or dealing took place; or

ANTIGUA
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Duration of
restraining
order.

Review of
search warrants
and restraining
orders.

36 The Proceeds of Crime Act, 1993. No. 13 of 1993.

(b) set aside the disposition or dealing as from the day
of the order under this subsection and declare the
respective rights of any persons who acquired
interests in the property on, or after the day on which
the disposition or dealing took place, and before the
day of the order under this subsection.

38. A restraining order remains in force until -

(a) it is revoked or varied under section 39;

(6) it ceases to be in force under section 40; or

(c) a forfeiture order or a confiscation order, as the case
may be, is made in respect of property which is the
subject of the order; or

(d) the property which is the subject of the order
becomes forfeited to the Crown under any other
enactment.

Review of Search Warrant and
Restraining Orders

39. (1) A person who has an interest in property that was seized
under a warrant issued pursuant to section 25 or in respect of
which arestraining order was made may, at any time, apply to the
Court-

(a) for an order under subsection (4); or

(b) for permission to examine the property.

(2) An application under subsection (1) shall not be heard by
the Court unless the applicant has given to the Director of Public
Prosecutions at least three days clear notice in writing of the
application.

(3) The Court may require noticeof the application to be given
to, and may hear, any person who, in the opinion of the Court
appears to have an intcrest in the property.

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(4) On an application made under subsection (1) (a) in respect
of any property, the Court may, after hearing the applicant, the
Director of Public Prosecutions and any other person to whom
notice was given pursuant to subsection (3), order that the
property or any part thereof be returned to the applicant or, in the
case of a restraining order,revoke the order or vary the order to
exclude the property or any interese in the property or any part
thereof from the application of the order, or make the order
subject to such conditions as the Court thinks fit,

(a) if the applicant enters into recognizance before the
Court with or without sureties, in such amount and
with such conditions, as the Court directs and,
where the Court considers it appropriate, deposits
with the Court such sum of money or other valuable
security as the Court directs;

(b) if the conditions referred to in subsection (5) are
satisfied; or

(c) for the purpose of-

(i) meeting the reasonable living expenses of the
person who was in possession of the property
at the time the warrant was executed or the
order was made or any person who, in the
opinion of the Court, has an interest in the
property and of the dependants of that person,

(ii) meeting the reasonable business or legal
expenses of a person referred to in sub-
paragraph 0).

(5) An order under subsection (4) (b) in respect of property
may be made by the Court if the Court is satisfied-

(a) that a wmant should not have been issued pursuant
to section 25 or a restraining order should not have
been made, in respect of that property; or

(b) that the applicant is the lawful owner of, or lawfully
entitled to possession of, the property and appears
innocent of any complicity in the commission of a
scheduled offence or of any collusion in relation to
such an offence; and

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(c) that the property will no longer be required for the
purpose of any investigation or as evidence in any
proceedings.

(6) On an application made to the Court under subsection (1)
(b), the Court may order that the applicant be permitted to
examine poperty subject to such terms as appear to the Court to
be necessary or desirable to ensure that the property is safeguarded
and preserved for the purpose for which it may subsequently be
required.

Automatic 40. (1) Subject to this section, where a restraining order has
expiry of been made in relation to property, the restraining order shall not
restraining continue in force for aperiodof more than 6 months after the time
orders. of the making of the order unless before the expiration of that

period, the Director of Public Prosecutions applies to the Court
that made the order for an extension of the period of the operation
of the order.

(2) Where the Director of Public Prosecutions applies under
subsection (1) for an extension of the period of operation of a
restraining order the Court is satisfied-

(a) that a forfeiture order may be made in respect of the
property or part thereof; or

(b) that a confiscation order may be made against a
person in relation to property which is the subject of
a restraining order;

the Court may extend for a specific period the period of operation
of the restraining order and make such other order as it considers
appropriate in relation to the operation of the restraining order.

Disposal of 41. Subject to this section, where the Court is satisfied that
property seized property will no longer be required for the purposes of section 10,
or dealt with. 17 or 18 of this Act or any other enacunent providing for

forfeiture or for the purpose of any investigation or as evidence
in any proceeding, the Court shall, on the application of the
Director of Public Prosecutions or any person having an interest
in the property or on the Court's own motion,

(a) where a restraining order has been made in relation
to any property, revoke the order;

No. 13 of 1993. The Proceeds of Crime Act, 1993. 39 ANTIGUA
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(b) where a recognizance has been entered into pursuant
to section 39, cancel the recognizance; and

(c) where property has been seized under a warrant
issued pursuant to section 25 or where the property
is under the control of a person appointed pursuant
to section 32 (1) (g);

(i) if possession of it by the person from whom
it was taken is lawful, order that it be returned
to that person;

(ii) if possession of it by the person from whom it
was taken is unlawful and the lawful owner or
person who is lawfully entitled to its possession
is known, order that it be returned to the
lawful owner or the person who is lawfully
entitled to its possession; or

(iii) if possession of it by the person from whom it
was taken is unlawful and the lawful owner or
person who is lawfully entitled to its possession
is not known, may order that it be forfeited to
the Crown, to be disposed of or otherwise
dealt with in accordance with the law.

Production Orders, and other Information
gathering powers

42. (1) Where-
Production and
Inspection

(a) a person has been convicted of a scheduled offence orders.
and a police officer has reasonable grounds for
suspecting that a person has possession or control
of-

(i) a document relevant to identifying, locating or
quantifying property of the person who
committed the offence or to identifying or
locating adocurnent necessary for the transfer
of property of the person who committed the
offence;

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(ii) adocument relevant to identifying, locating or
quantifying tainted property in relation to the
offence or to identifying or locating a
document necessary for the transfer of tainted
property in relation to the offence; or

(b) apolice officer has reasonable grounds for suspecting
that aperson hascommitted a scheduled offence and
that a person has possession or control of any
document referred to in paragraph (a);

the police officer may apply to a Judge in Chambers in accordance
with subsection (2) for an order under subsection (5) against the
person suspected of having possession or control of a document
of the kind referred to in paragraph (a) or against the person
referred to in paragraph (b).

(2) An application under subsection (1) shall be made ex parte
and shall be in writing and be accompanied by an affidavit.

(3) Where a police officer applies for an order under subsec tion
(5) in respect of a scheduled offence and includes in the affidavit
a statement to the effect that the officer has reasonable grounds
to believe that-

(a) the person who was convicted of the offence or who
is believed to have committed the offence, derived
a benefit directly or indirectly from the commission
of the offence; and

(b) property specified in the affidavit is subject to the
effective control of the person referred to in paragraph
(a):

the Judge may treat any document relevant toidentifying,locating
or quantifying that property as a document in respect of which an
order may be issued under subsection (5).

(4) In determining whether to treat a document relevant to
identifying, locating or quantifying property referred to in
subsection (3) as adocument in respect of which an order may be
issued under subsection (3 , the Judge may have regard to the
matters referred to in section 23 (2).

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(5) Where an application is made under subsection (1) for an
order against a person, the Judge may,subject to subsections (6)
and (7) make an order requiring the person to-

(a) produce to a police officcr any documents of the kind
referred to in subsection (I) that are in the person's
possession or control; or

(b) make available b a police officer for inspection, any
documents of the kind referred to in subsection (1)
that are in the person's possession or control.

(6) An order under subsection (5) (a) shall not be made in
respect of accounting records used in the ordinary business of
banking including ledger, day-books, cash books and account
books.

(7) A Judge shall not make an order under this section unless-

(a) the applicant or some other person has given the
Judge, either orally or by affidavit, such information
as the Judge. requires concerning the grounds on
which the order is sought; and

(b) the Judge is satisfied that there are reasonable
grounds for making the order.

(8) An order that a person produce a document or documents
to a police officer shall specify the time when, and the place
where, the document is or the documents are to be produced.

(9) An order that a person make a document or documents
available to a police officer for inspection shall specify the time
or times when the document is or the documents are to be made
available.

43. (1) Where a document is produced to a police officer Scope of police
pursuant to an order under section 42, the police officer may- powers under

production
order etc.

(a) inspect the document;

(b) take extracts from the document;

(c) make copies of the document; or

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(d) retain the document if, and for so long as, retention of the
document is reasonably necessary for the purposes of this Act.

(2) Where a document is madeavailable to a police officer for
inspection pursuant to an order under section 42, the police
officer may-

(a) inspect the document;

(b) take extracts from the document; or

(c) make copies of the document.

(3) Where a police officer retains a document pursuant to an
order under section 42, the police officer shall -

(a) give the person to whom the order was addressed a
copy of the document certified by the police officer
in writing to be a hue copy of the document retained;
;and

(b) unless the person has received a copy of the document
under paragraph (a), permit the person to-

(i) inspect the document;

(ii) lake extracts from the document; or

(iii) make copies of the document.

Evidential value
of information.

44. (1) Where a person produces or makes available a document
pursuant to an order under section 42 the pmduction or making
available of the document, or an information, document or thing
obtained as a direct or indirect consequence of the production or
making available of the document, is not admissable against the
person in any criminal proceedings except a proceeding for an
offence against section 46.

(2) For the purposes of subsection (11, proceedings on an
application for a restraining order, a forfeiture order or a
confiscation ordcr are not criminal proceedings.

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(3) A person is not excused from producing or making
available a document when required to do so by an order under
section 42 on the grounds that-

(a) the production or making available of the document
might tend to incriminate the person or make the
person liable to a penalty; or

(b) the production or making available of the document
wouldbe in breach of an obligation, whether imposed
by enactment or otherwise, of the person not to
disclosc the existence or Conbents of the document.

45. Where a Judge makes a production order requiring a Variation of
person to produce a document to a police officer, the person may production
apply to the Judge or another Judge for a variation of the order and order.
if the Judge hearing the application is satisfied that the document
is essential to the business activities of the person, the Judge may
vary the production order so that it requires the person to make the
document available to a poiice officer for inspection.

46. (1) Where a person is required by a production order to Failure to
produce a document to a police officer or make a document comply with
available to a police officer for inspection, the person commits an production
offence against this subsection if the person, order.

(a) contravenes the order without reasonable excuse; or

(b) in purported compliance with the order produces or
makes available a document known to the person to
be false or misleading in a material particular without-

(i) indicating to the police officer to whom the
document is produced or made available that
the document is false or misleading and the
respect in which the document is false or
misleading; and

(ii) providing correct information to the police
officer if the person is in possession of, or can
reasonably acquire, the correct information.

(2) An offence against subsection (1) is punishable upon
summary conviction by-

(a) a fine of $10,000 or imprisonment for a period of
two years, or both, where the offender is a natural
person;

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(6) a fine of $50,000, where the offender is a body
corporate.

47. (1) Where-
Search warrant
to facilitate
investigations. (a) a person is convicted of a scheduled offence and a

police officer has reasonable grounds for suspecting
that there is in any premises any document of the
type specified in section 42; or

(6) apolice officer has reasonable grounds for suspecting
that aperson has committed a scheduled offence and
there is in any premises any document of the type
specified in section 42,

the police officer may apply to a Judge for a warrant under
subsection (2) to search the premises.

(2) Where an application is made under subsection (1) for a
search warrant, the Judge may, subject to subsections (3) and (41,
issue a warrant authorising a police officer (whether or not named
in the warrant) with such assistance and by such force as is
necessary and reasonable-

(a) to enter the premises;

(b) t search the premises for documents of the kind
referred to in subsection (1); and

(c) to seize and retain any document found in the course
of the search that in the opinion of the police officer
is likely to be of substantial value (whether by itself
or together with otherdocuments) to the investigation
in respect of which the application is made.

(3) A Judge shall not issue a search warrant under subsection
(2) unless the Judge is satisfied that-

(a) a production order has been made in respect of the
document and has not been complied with;

(b) a production order in respect of the document would
be unlikely to be effective because there are
reasonablegrounds to suspect that such a production
order would not be complied wkh;

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(c) the document involved cannot be identified or
described with sufficient particularity to enable a
production order to be made in respect of the
document:

(d) it is not practicable to communicate with any person
having the power to grant entry to the premises; or

(e) entry to the premises will not be granted unless a
warrant is produced; or

@ the investigation for the purposes of which the
application is made might be seriously prejudiced
unless the police officer is granted immediate access
to the documcnt without notice of any person.

(4) A Judge shall not issue a search warrant under subsection
(2) unless-

(a) the applicant or some other person has given the
Judge, either orrally or by affidavit, any further
information that the Judge rcquires concerning the
grounds on which the search warrant is sought; and

(b) the Judge is satisfied that there are reasonable
grounds for issuing the search warrant.

(5) A search warrant issued under this section shall state-

(a) the purpose for which the warrant is issued including
a reference to the scheduled offence that has been,
or is believed to have been committed;

(b) whether entry is authorised to be made at any time
of the day or night or during specified hours of the
day or nighe;

(c) a description of the kind of documents authorised to
be seized; and

(d) the date, not being later than 28 days after the day of
issue of the warrant upon which the warrant ceases
to have effect.

(6) Where a police officer enters premises in execution of a
warrant issued under this section, he may seize and retain-

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(a) any document, other than items subject to legal
privilege, which is likely to be of substantial value
(whether by itself or together with other documents)
to the investigation for the purpose of which the
warrant was issued; and

(b) any thing that the police officer believes, on reasoable
grounds, will afford evidence as to the commission
of a criminal offence.

(7) In this section-

the expression "item subject to legal privilege" means-

(a) communications between an attorney-at-law and his
client; and

(6) communications made in connection with or in
contemplation of legal proceedings and for the
purposes of these proceedings,

being communications which would in legal proceedings be
protected from disclosure by virtue of any value of any rule of law
relating to the confidentiality of communications;

"premises" includesany place and in particularany building,
receptacle, vehicle,aircraft or vessel.

Monitoring Orders

Monitoring 48. (1) A police officer may apply to a Judge in Chambers in
orders. accordance with subsection (2) for an order (in this section called

a "monitoring order") directing a financial institution to give
information to a police officer.

(2) An application under subsection (1) shall be made ex parte
and shall be in writing and be accompanied by an affidavit.

(3) A monitoring order shall direct a financial institution to
disclose information obtained by the institution about transactions
conducted through an account held by a particular person with the
institution.

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(4) A monitoring order shall apply in relation to transactions
conducted during the period specified in the order, being a period
commencing not earlier than the day on which notice of h e order
is given to the financial institution and ending not later khan 3
months after the date of the ordcr.

(5) A Judge shall not make a monitoring order unless he is
satisfied that there are reasonable grounds for suspecting that the
person in respect of whose account the information is sought-

(a) has committed, or is about to commit a scheduled
offence;

(b) was involved in the commission, or is about to be
invo!ved in the commission of a scheduled offence;
or

(c) has benefited directly or indirectly, or is about to
benefit directly or indirectly, from the commission
of a scheduled offence.

(6) A monitoring order shall specify-

(a) the name or names in which the account is believed
to be held;

(b) the class of information that the institution is required
to give; and

( c ) the name or names of Ihe police officer to whom the
informatioon is to be given and the manner in which
the information is to be given.

(7) Where a financial institution is, or has bcen, subject to a
monitoring order, Ihe fact hat the monitoring order has been
made shall be disregarded for the purposes of the application of
sections 61 and 62 in relation to the institution.

(8) Where a financial institution hat has bcen given notice of
a monitoring order knowingly-

(a) contravenes the order; or

(b) provides falseor misleading information in purported
compliance with the order;

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the institution commits an offence against this subsection and is
liable on summary conviction to a fine of $500,000.

(9) A reference in this section to a transaction conducted
through an account includes a reference to-

(a) the making of a fixed term deposit;

(b) in relation to a fiied term deposit, the transfer of the
amount deposited or any part thereof, at the end of
the term; and

(c) the opening, existence or use of a deposit box held by
the institution.

Monitoring 49. (1) A financial institution that is, or has been subject to a
orders not to be monitoring order shall not disclose the existence or the operation
disclosed. of the order to any person except-

(a) an officer or agent of the institution, for the purpose
of ensuring that the order is complied with; or

(b) an attorney-at-law, for the purpose of obtaining legal
advice or representation in relation to the order; or

(c) the Commissioner or a police officer authorised in
writing by the Commissioner to receive the
information.

(2) A person referred to in subsection (1) (a), (b) or (c) to
whom a disclosure of the existence or operation of a monitoring
order has been made, whether in accordance with subsection (1)
or a previous application of this subsection or otherwise, shall
not-

(a) disclose the existence or operation of the order
except to $other person referred to in the said
subsection (1) for the purposes of-

( i ) the performance of that person's duties, if the
disclosure is made by the Commissioner or a
police officer,

(ii) ensuring that the order is complied with or
obtaining legal advice or representation in
relation to the order, if the disclosure is made
by an officer or agent of the institution, or

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(iii) giving legal advice or making representations
in relation to the order, if the disclosure is
made by an attorney-at-law; or

(b) make a record of, or disclose, the existence of the
operation of the order in any circumstances, even
when heceases tobeaperson referred to in subsection
(1).

(3) Nothing in subsection (2) prevents the disclosure by a
person referred to in subsection (1) (c) of the existence or
operation of a monitoring order-

(a) for the purposes of, or in connection with, legal
proceedings; or

(b) in the course of proceedings before a Court.

(4) A person referred to in subsection (1) (b) shall not be
required to disclose to any Court the existence or operation of a
monitoring order.

(5) A person who contravenes subsection (1) or (2) commits
an offence and is liable on summary conviction to-

(a) a fine of $20,000 or imprisonment for a period of 3
years or both, in the case of a natural person; or

(b) a fine of $100,000, in the case of a body corporate.

(6) A reference in this section to disclosing the existence or
operation of a monitoring order to a person includes a reference
to hsclosing information to the person from which that person
could reasonably be expected to infer the existence or operation
of the monitoring order.

Obligations of Financial Institutions

50. (1) Subject to this section, and to section 51, a financial Retention of
institution shall retain, in its original form for the minimum records of
retention period applicable to the document, financial

institutions.

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(a) a document that relates to a financial transaction
carried out by the institution in its capacity as a
financial institution and, without limiting the
generality of this, includes a document that relates
to-

(i) the opening or closing by a person of an
account with the institution;

(ii) the operation by a person of an account with
the institution;

(iii) the opening or use by aperson of a deposit box
held by the institution;

(iv) the telegraphic or electronic transfer of funds
by the institution on behalf of a person to
another person;

(v) the transmission of funds between Antigua and
Barbuda and a foreign country or between
foreign countries on behalf of a person; or

(vi) an application by a person for a loan from the
institution, where a loan is made to the person
pursuant to the application; and

(b) a document that relates to a financial transaction
carried out by the institution in its capacity as a
financial 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.

(2) For the purposes of this section, the expression "minimum
retention period" means-

(a) where the document relates to the opening of an
account with the institution, the period of 7 years
after the day on which the account is closed;

(b) where the document relates to the opening by a
person of a deposit box held by the institution, the
period of 7 years after the day on which the deposit
box ceases to be used by the person; sand

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(c) in any other case, the period of 7 years after the day
on which the transaction takes place.

(3) Subsection (1) does not apply to a financial transaction
document that relates to a single deposit, credit, withdrawl, debit
ot transfer of an amount of money that does not exceed $5,008 or
such larger amount as may be prescribed for purposes of this
subsection.

(4) A financial institution required to retain documents under
this section shall retain them on microfilm or in such other
manner that makes retrieval of the information contained in the
documents or the documents as the case may be reasonably
practicable.

(5) A financial institution that contravenes subsection (1) or
(4) commits an offence against this section and is liable, on
summary conviction, to a fine of $10,000.

(6) This section does not limit any other obligation of a
financial institution to retain documents.

51. (1) Where a financial institution is required by law to Register of
release the original of a document before the end of the minimum original
retention period applicable to the document, the institution shall chcuments.
retain acomplete copy of the document until the period has ended
or the original document is returned, whichever occurs first.

(2) A financial institution shallmaintainaregister of documents
released under subsection (1).

(3) A financial institution that contravenes subsection (1) or
(2) commits an offence against this section and is liable on
summary conviction, to a fine of $10,000.

52. (1) Where a financial institution has information about an
account held with the institution and the institution has reasonable
grounds for believing that-

(a) the information may be relevant to an investigation
of or the prosecution of, a person for an offence; or

(b) the information would otherwise be of assistance in
the enforcement of this Act or any regulations made
thereunder,

Communication
of information
to law en-
forcement
authorities.

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the institution may give the information to a police officer or the
Director of Public Prosecutions.

(2) An action, suit or proceedings does not lie against-

(a) a financial institution, or

(b) anofficer, employeeor agentofthe institution acting
in the course of the person's employment or agency;

in relation to an action taken by the institution or person pursuant
to subsection (1).

Protection for
financial
institution.

Financial
institution
defied.

No. 17 of 1991

Cap. 124

Cap. 125

No. 21 of 1985.

Application for
disclosure of
income tax
information.

53. Where a financial institution, or a person who is an officer,
employee or agent of the institution, gives the information
pursuant to section 52 (1) as soon as practicable after forming the
belief referred to in that subsection, the institution shall be taken
for the purposes of sections 61 and 62 not to have been in
possession of that information at any time.

54.For the purposes of sections48 to 53, "financial institution"
means-

(a) a bank licensed under the Banking Act;

(6) a building society registered under the Building
Societies Act;

(c) a credit union registered under the Co-operative
Societies Act:

(d) a financial institution licensed under the Financial
Institutions (Non-Banking) Act;

(e) a trust company, finance company or deposit taking
company, recognised by the Minister responsible
for Finance as such.

Order for Disclosure of Income Tax Information

55. (1) The Director of Public Prosecutions may for the
purposes of an investigation in relation, to a scheduled offence
apply to a Judge in accordance with subsection (2) for an order for
the disclosure of information under section 56.

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(2)"An application under subsection (1) shall be made exparte
and shall be in writing and be accompanied by an affidavit sworn
on the information andbelief of the Director ofPublic Prosecutions
or a person specially designated by the Director of Public
Prosecutions for that purpose deposing to the following matters,
namely-

(a) the scheduled offence under investigation;

(b) the person in relation to whom the information or
documents referred to in paragraph (c) are required;

(c ) the type of information or book, record writing,
retllrn or other document in the possession of the
Commissioner of InlandRevenue to which access is
sought or that is proposed to be examined or
communicated; and

(d) the facts reliedon tojustify the belief, on reasonable
grounds, that the person referred to in paragraph (b)
has committed or benefited from the commission
of an offence referred to in paragraph (a) and that
the information or documents referred to in para-
graph (c) are likely to be of substantial value,
whether alone or together with other material, to
the investigation for the purpose of which the
application is made.

56. (1) Notwithstanding any provision in any other law, where Order for
the Judge to whom an application under section 55 is made is disclosure.
satisfied-

(a) of themattersreferredtoinpmgraph (d) of subsection
(2) of section 55; and

(b) that there are reasonable grounds for believing that
it is in the public interest to allow access to the
information or documents to which the application
relates, having regard to the benefit likely to accrue
to the investigation if the access is obtained;

the Judge may, subject to such conditions as the Judge considers
advisable in the public interest, order theCommissioner of Inland
Revenue,

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( c ) to allow the Director of Public Prosecutions or any
other person named in the order access to all such
information and documents and to examine them; or

( d ) where the Judge considers it necessary in the
circumstances to produce all such information and
documents to a person referred to in paragraph (c)
above and allow such person to remove the
information and documents from the possession of
that person;

within s ~ c h period as the Judge may specify after the expiration
of 7 days following the service of the order on the Commissioner
of Inland Revenue pursuant to subsection (2).

(2) A copy of an order made by a Judge under section shall
be served on the Commissioner of Inland Revenue in such
manner as the Judge directs.

(3) A Judge who makes an order under this section may, on
application of the Commissioner of Inland Revenue or of the
Director of Public Prosecutions, extend the period within which
the order is to be complied with.

Objection to 57. (1) The Commissioner of Inland Revenue may object to
disclosure of the disclosureof any information or document in respect of which
infomation. an order under section 56 has been made by certifying in writing

that the information or document should not be disclosed on the
grounds that-

(a) the Commissioner of Inland Revenue is prohibited
from disclosing the information or document by any
bilateml or international treaty, convention or other
agreement respecting taxation to which Antigua
and Barbuda is a signatory;

(b) a privilege is attached by law to the information or
document:

(c) the information or document has been placed in a
sealed package pursuant to law or an order of a court
of competent jurisdiction;

( d ) disclosure of the information or document would not
for any other reason be in the public interest.

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(2) Where an objection to the disclosure of information or a
document is made under subsection (1) the objection may be
determined on application by the Commissioner of Inland Revenue
or the Director of Public Prosecutions to a Judge in Chambers
made not later than 14 days from the date of the objection.

(3) A Judge who is to determine an objection pursuant to
subsection (2) may, if the Judge considers it necessary, examine
the information or document in relation to which the objection is
made and shall grant the objection and order that disclosure of the
information or document be refused where the Judge is satisfied
as to any of the grounds mentioned in subsection (1).

(4) An apped !les from a determination under subsection (2)
to the Court of Appeal and shall be brought within 14 days from
the date of the determination appealed from within such further
time as the Court of Appeal considers appropriate in the
circumstances.

58. Where any information or document is examined or
provided pursuant to an order under section 56, the person by
whom it is examined or to whom it is provided or any officer or
person authorised by the Commissioner of Inland Revenue for
the purpose, may make or cause to be made one or more copies
thereof and any copy purporting to be certified by the
Commissioner of Inland Revenue to be a copy made pursuant to
this section is evidence of the nature and content of the original
information or document would have had if it had been proved in
the ordinary way.

59. No person to whom information or documents have been
disclosed or provided pursuant to an order under section 56 shall
further disclose the information or documents except for the
purposes of the investigation in relation to which the order was
made, and proceedings under this Act.

Access to specified information and documents
held by Government departments etc.

60. Notwithstanding any provision in this or in any other law
the Court may on the application by the Director of Public
Prosecutions order the person in charge of any Government
department or statutory body to produce or furnish to the Director
of Public Prosecutions or any other person specified in the order
any document or information which is in his possession or under
his control or to which he may reasonably have access (not being
a document readily available to the public) which the Court
considers relevant to any investigation into, or proceedings
relating to a scheduled offence alleged or suspected to have been
committed by any person.

Evidential value
of copies.

Further
disclosure.

Disclosure of
information and
documents held
by Government
departments.

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PART IV
Offences

Money 61. (1) In this section "transaction" includes the receiving or
laundering. making of a gift.

(2) A person who, after the commencement of this Act,
engages in money laundering commits an indictable offence and
is liable, on conviction, to-

{uj a fine of $200,000 or imprisonment for a period of
twenty years, or both, if he is a natural person; or

(b) a fine of $500,000, if it is a body coporate.

(3) A person shall be taken to engage in money laundering
where

(a) the person engages, directly or indirectly, in a
transaction that involves money or other property,
that is proceeds of crime; or

(b) the person receives, possesses, conceals, disposes
of, or brings into Antigua and Barbuda, any money
or other property that is proceeds of crime,

and the person knows or ought reasonably to know, that the
money or other property is derived, obtained or realised, directly
or indirectly from some form of unlawful activity.

Possession of 62. (1) A person who, after the commencement of this Act,
property derived receives, possesses, conceals, disposes of or brings into Antigua
from unlawful and Barbuda any money, other property that he knows or ought
activity. reasonably to know to be proceeds of crime commits an indictable

offence and is liable, on conviction, to-

(a) a fine of $100,000 or imprisonment for a period of
5 years or both, if he is a natural person; or

(b) a fine of $250,000, if it is a body corporate.

(2) It is a defence to a charge for an offence against this
section, if the person satisfies the Court that he did not know or
had no reasonable grounds for knowing that the property
referred to in the charge was derived, directly or indirectly from
some form of unlawful activity.

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63.(1) A person who engages in orgainsed fraud commits an Organised
indictable offence and is liable to conviction, to- fraud.

(a) a fine of $250,000 or imprisonment for a period of
twenty-five years, or both, if he is a natural person;
or

(b) a fine of $750,000 if it is a body corporate.
(2) A person shall be taken to engage in orgainsed fraud if, he

engages, after the commencement of this Act, in actsoromissions

(a) that constitute three or more public fraud offences;
and

(b) from which the person derives benefit.

(3) Whereaperson is charged with anoffence against subsection
(1) in relation to a number of public fraud offences and ihe jury
is not satisfied that the person is guilty of the offence against
subsection (I), but is satisfied that the person is guilty of one or
more of the public fraud offences, the jury shall acquit the person
of the offence against subsection (1) and shall find the person
guilty of that public fraud offence or those public fraud offences
and that person is punishable accordingly.

(4) In this section "public fraud offence" means an offence
under section "18,19,20,21,22 and 23" of the Larceny Act. Cap. 44

64. (1) For the purposes of this Act, any conduct engaged in Rules for
on behalf of a body corporate- establishing

mens rea.
(a) by a director, servant or agent of that body corporate

within the scope of his actual or apparent authority;
or

(b) by any other person at the direction or with the
consent or agreement whether expressed or implied,
of a director, servant or agent of that body corporate
where the giving of the direction, consent or
agreement is within the scope of the actual or
apparent authority of the director, servant or agent;

shall be deemed to have been engaged in by the body corporate.

(2) Where it is necessary, for the purposes of this Act, to
establish the state of mind of a person in relation to conduct
deemed by subsection (3) to have been engaged in by that person,
it is sufficient to show that a servant or agent of that person, being
a servant or agent by whom theconduct wasengaged in within the
scope of his actual or apparent authority, had that state of mind.

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(3) Conduct engaged in on behalf of a person other than a body
corporate,

(a) by a servant or agent of that person within the scope
of his actual or apparent authority; or

(b) by any other person at the direction or with the
consent or agreement whether expressed or implied,
of a servant or agent of the first mentioned person,
where the giving of the direction, consent or
agreement is within the scope of the actual or
apparent authority of the servant or agent;

shall be deemed, for the purposes of this Act, to have been
engaged in by the first mentioned person.

(4) A reference in this section to the state of mind of a person
includes a reference to the knowledge, intention, opinion, belief
or purpose of that person and that person's reasons for his
intention, opinion, belief or purpose.

PART V

Miscellaneous

Amendment of 65. (1) The Attorney General may by order published in the
Schedule. Gazette amend the Schedule.

(2) An order under subsection (1) shall be subject to affirmative
resolution.

Standard of 66. Save as otherwise provided in this Act, any question of
proof. facts to be decided by the Court in proceedings under this Act is

to be decided beyond a reasonable doubt.

External 67. (1) The Attorney General may by an order under this
forfeiture orders section apply this section to an external forfeiture order or
and confiscation external confiscation order of a description specified in the
orders. Attorney General's orders.

(2) In this section-

(a) "external forfeiture order" or "external confiscation
order", as the case may be, means an order made by
acourt of adesignatedcountry, after the coming into
force of an order under this section, for the purpose
of recovering proceeds of crime;

(6) "designated country" means a country or territory
outside Antigua and Barbuda designated by an
order under this section.

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(3) Subject to subsection (4), the Court may, on an application
by or on behalf of the Government of a designated country,
register an external forfeiture order or an external confiscation
order made there.

(4) The Court shall not register an external forfeiture order or
an external confisation order unless-

(a) the Court is satisfied that at the time of registration
the order is in force in the designated country and is
not subject to appeal there; and

(b) the Court is satisfied, where the person against
whom the order was made did not appear in the
proceedings in the designated country, that he
received notice of those proceedings in sufficient
time to enable him to defend them; and

(c) the Court is of opinion that enforcing the ordcr in
Antigua and Barbuda would not be contrary to the
interests of justice.

(5) In subsection (4), "appeal" includes proceedings by way of
discharging or setting aside a judgment, an application for a new
trial or for a stay of execution.

(6) The Court shall cancel the registration of an external
forfeiture order or an external confiscation order if it appears to
the Court that the order has been satisfied.

(7) In relation to an external forfeiture order or an external
confiscation order registered under this section, sections 3 1 to 38
have effect, subject to such modifications as may be specified in
the order under this section, as they have effect in relation to a
forfeiture order or a confiscation order.

(8) An order under this section may include such provision-

(a) as to evidence or proof of any matter for the purpose
of this section; and

(b) as to the circumstances in which proceedings are to
be treated for those purposes as instituted or
concluded in a designated country;

as the Attorney General considers expedient.

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(9) An order varying or revoking a previous order under this
section may contain such incidental, consequential and uansi-
tional provisions as the Attorney General considers expedient.

(10) In the case where the Court is satisfied, on an application
by or on behalf of the Government of a designated country, that
proceedings which might result in an external forfeiture order or
an external confiscation order being made against a person have
been instituted in that country and have not been concluded,
sections 31 and 32 have effect in relation to those proceedings-

(a) as they would have effect in relation to proceedings
institutedin AntiguaandBarbuda against thatperson
for a scheduled offence which have not been
concluded; and

(b) as if references to a forfeiture order or a confiscation
order were references to an external forfciture order
or an external confiscation order and references to
an applicationby the Director of Public Prosecutions
were references to an application by or on behalf of
that government; and

(c) subject to such other modifications as may be
specified in an order under this section.

(11) An order under this section is subject to affirmative
resolution.

Compensation. 68. (1) Where upon making of an application for a forfeiture
order or a confiscation order the Court declines to make such an
order, the Court shall on the application of a person who held
realisable property order compensation to be paid to him if the
requirements of subsection (2) are fulfilled.

(2) The Court shall order compensation to be paid if the Court
is satisfied-

(a) that there has been some serious default in the
investigation or conduct of the matter and that, but
for that default, the application would not have been
instituted or continued; and

(b) that the applicant has suffered substantial loss in
consequence of anything done in relation to the
property by or in pursuance of an order of the Court
under section 32.

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(3) The amount of compensation to be paid under this section
is such amount as the Court thinks just in all the circumstances.

(4) Compensation payable under this section shall be paid out
of the Consolidated Fund.

69. (1) The Attorney General may makereylationsprescribing Regulations.
maners-

(a) required or committed by this Act to be prescribed;

(b) necessary or convenient to be prescribed for carrying
out or giving effect to this Act.

(2) Regulations made under subsection (1) shall be subject to
affirmative resolution.

70. (1) Where- Costs.

(a) a person brings, or appears at, proceedings under this
Act before the Court in order-

(i) to prevent a forfeiture, confiscation or re-
straining order from being made against any
property of that person, or

(ii) to have property of that person excluded from
a forfeiture, confiscation or restraining order;

(b) the person is successful in those proceedings; and

(c) the Court is satisfied that that person was not
involved in any way in the commission of the
offence in respect of which the forfeiture,
confiscation or restraining order was sought or
made,

the Court may order the Crown to pay all costs reasonably
incurred by that person in connection with the proceedings or
such part of those costs as is determined by the Court.

71. The Public Trustee shall not be personally liable for Nan-liability of
anything done or omitted to be done by him in the course of the Public Trustee.
performance of his functions under this Act.

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Operation of 72. Nothing in this Act prejudices, limits or restricts -
other laws not
affected. (a) the operation of any other law which provides for

the forfeiture of property or the imposition of
penalties or fines; or

(b) the remedies available to the Crown apart from this
Act, for the enforcement of its rights and the
protection of its interest; ar

(c) any power of search or any power to seize or detain
property which is exercisable by a police officer
apart from this Act.

73. This Act shall come into operation on such date as the
Attorney General may by order appoint.

SCHEDULE

1. Possession of controlled drugs for the purpose of supply, contrary to section
33) of the Misuse of Drugs Act, 1973 (No. 21 of 1973).

2. Trafficking in con~olleddrugs, contrary to section 19A of the Misuse of Drugs
Act, 1973 (No. 21 of 1973).

3. Assisting another to retain the benefit of drug trafficking, contrary to section
14B of the Misuse of Drugs Act, 1973 (No. 21 of 1973).

4. Engaging in organized fraud contrary to section 63 or guilty of a public fraud
offence under sections 18,19,20,21,22 and 23 of the Larceny Act. (Cap. 44)

5. Money laundering (in relation to paragraphs 1,2,3 and 4 of this Schedule),
contrary to section 61 of this Act.

6. Possession of property derived from unlawful activity (in relation to
paragraphs 1 ,2 ,3 and 4 of this Schedule), contrary to section 62 of this Act.

Passed the House of Representatives Passed the Senate this 14th
this 26th day of April, 1993. day of May, 1993.

C. L. Murray,
Speaker.

William A. Robinson,
Vice- President.

L. A. Dowe, L. A. Dowe,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Rupert Charity, Acting Government Printer

-By Authority, 1993.
800-6.93 [Price $23.251