Electronic Transfer of Funds Crime
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Act
87 of 2000
Amended by
19 of 2005
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–13 ..
ELECTRONIC TRANSFER OF FUNDS CRIME ACT
CHAPTER 79:51
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
2 Chap. 79:51 Electronic Transfer of Funds Crime
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CHAPTER 79:51
ELECTRONIC TRANSFER OF FUNDS CRIME ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. False statement.
4. Theft by taking or retaining possession of card.
4A. Obtaining control of card with intent to use it.
5. Card theft.
6. Dealing in card of another.
7. Purchase or sale of card of another.
8. Obtaining control of card as security for debt.
9. Card forgery.
10. Signing a card of another.
11. Fraudulent use of card.
12. Fraud by person authorised to provide goods, services, etc.
13. Receipt of money, etc., obtained by fraudulent use of card.
14. Defences not available.
15. Obtaining goods, etc., by use of false, expired, or revoked card.
16. Trafficking in counterfeit card.
17. Possession of card-making equipment.
18. Alteration of card invoice.
19. Liability for misuse of card.
20. Card lists prohibited.
21. Limitation of time for prosecution in Summary cases.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
87 of 2000.
Commencement.
Short title.
Interpretation.
[19 of 2005].
CHAPTER 79:51
ELECTRONIC TRANSFER OF FUNDS CRIME ACT
An Act to regulate the transfer of money by an electronic
terminal by use of a card for the purpose of instructing
or authorising a financial institution to debit or credit a
cardholder’s account when anything of value is
purchased and for other related purposes.
[2ND NOVEMBER 2000]
1. This Act may be cited as the Electronic Transfer of Funds
Crime Act.
2. In this Act—
“authorised manufacturer” means a financial institution which or
any other person who is authorised under any written law to
produce a card;
“bank card” means any instrument, token, device, or card,
whether known as a bank service card, banking card, check
guarantee card, or debit card or by any other similar name,
issued with or without a fee by an issuer for the use of the
cardholder in obtaining goods, services, or anything else of
value or for use in an automated banking device to obtain
money or any of the services offered through the device;
“card” means a bank card, credit card, or smart card;
“cardholder” means the person named on the face of a bank card, credit
card or a smart card or whose name is not on such a card but to
whom or for whose benefit such a card is issued by an issuer;
“card-making equipment” means any equipment, machine, plate,
mechanism, impression, or any other device designed, used,
or capable of being used to produce a card, a counterfeit
card, or any aspect or component of a card;
“counterfeit card” means a bank card, credit card or a smart card
which is fictitious, altered, or forged and includes any
facsimile or false representation, depiction, or component of
such a card, or any such card which is stolen, obtained as
part of a scheme to defraud, or otherwise unlawfully
obtained, and which may or may not be embossed with
account information or an issuer’s information;
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Ch. 79:09.
False statement.
“credit” includes a cash loan, or any other financial
accommodation;
“credit card” means any instrument, token, device, or card,
whether known as a charge card or by any other similar
name, issued with or without a fee by an issuer for the use
of the cardholder in obtaining goods, services, or anything
else of value on credit from a creditor or for use in an
automated banking device to obtain money or any of the
services offered through the device;
“creditor” means a person or company that agrees or is authorised
by an issuer to supply money, goods, services, or anything
else of value and to accept payment by use of a bank card,
credit card, or smart card for the supply of such money,
goods, services or anything else of value to the cardholder;
“expired card” means a card which is no longer valid because the
term shown on it has expired;
“financial institution” means a company as defined under section 2
of the Financial Institutions Act;
“issuer” includes a financial institution which or any other person
who issues a card;
“receives” or “receiving” means acquiring possession, title or
control or accepting a card as security for credit;
“revoked card” means a card which is no longer valid because
permission to use it has been suspended or terminated by the
issuer, whether on its own or on the request of the cardholder;
“smart card” means any instrument, token, device, or card, or
whether known by any other similar name, and encoded
with a stated money value and issued with or without a fee
by an issuer for use of the cardholder in obtaining goods,
services, or anything else of value, except money;
“traffic” means to sell, transfer, distribute, dispense, or otherwise
dispose of property or to buy, receive, possess, obtain
control of, or use property with the intent to sell, transfer,
distribute, dispense, or otherwise dispose of such property.
3. A person who makes or causes to be made, either directly
or indirectly, any false statement as to a material fact in writing,
knowing it to be false and with intent that it be relied on respecting
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Theft by taking
or retaining
possession of
card.
[19 of 2005].
Obtaining
control of card
with intent to
use it.
[19 of 2005].
his identity or that of any other person or his financial condition or
that of any other person for the purpose of procuring the issuance of
a card to himself or another person, commits an offence and is liable
on summary conviction to a fine of thirty thousand dollars.
4. (1) A person who takes a card from the possession,
custody or control of—
(a) the cardholder;
(b) a person holding or having possession of the
card with the consent of the cardholder, or
without the cardholder’s or the person’s consent or who, with
knowledge that it has been so taken, receives the card with intent
to use, sell, or to transfer it to a person other than the issuer or the
cardholder, commits an offence and is liable on—
(i) summary conviction to a fine of thirty
thousand dollars and to imprisonment for
two years; or
(ii) conviction on indictment to a fine of fifty
thousand dollars and to imprisonment for
five years;
(c) a person authorised in writing by the cardholder
to use the card.
(2) For the purpose of this section, taking a card
without consent includes obtaining it by any conduct defined or
known as larceny or fraud, or by obtaining property by false
pretence, or by extortion.
4A. A person who receives or is given possession, custody or
control of a card—
(a) by or with the knowledge or consent of the
cardholder;
(b) by a person holding or having possession of the
card with the consent of the cardholder; or
(c) by a person authorised in writing by the
cardholder to use the card,
and who unlawfully retains possession, custody or control of the
card with intent to use it and uses it to obtain money, goods,
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UNOFFICIAL VERSION
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Card theft.
Dealing in card
of another.
Purchase or sale
of card of
another.
Obtaining
control of card
as security for
debt.
Card forgery.
services or anything else of value commits an offence and is
liable on—
(i) summary conviction to a fine of fifty
thousand dollars and to imprisonment for
five years; or
(ii) conviction on indictment to a fine of
eighty thousand dollars and to
imprisonment for seven years.
5. A person who receives a card that he knows or ought to
reasonably know to have been lost, mislaid, or delivered under a
mistake as to the identity or address of the cardholder and who
retains possession with intent to use, sell, or to traffic it to a
person other than the issuer or the cardholder, commits an
offence and is liable on summary conviction to a fine of twenty
thousand dollars.
6. A person, other than the issuer, who receives and retains
possession of two or more cards issued in the name or names of
different cardholders, which cards he has knowledge were taken
or retained under circumstances which constitute a card theft,
commits an offence and is liable on summary conviction to a fine
of twenty thousand dollars.
7. A person other than an issuer who sells a card or a person
who buys a card from a person other than an issuer, commits an
offence and is liable on summary conviction to a fine of twenty
thousand dollars.
8. A person who, with intent to defraud the issuer, a
creditor, or any other person, obtains control over a card as
security for a debt, commits an offence and is liable on summary
conviction to a fine of twenty thousand dollars.
9. (1) A person who, with intent to defraud an issuer, a
creditor, or any other person, falsely makes, embosses, or alters
in any manner a card or utters such a card or who, with intent to
defraud, has a counterfeit card or any invoice, voucher, sales
draft, or other representation or manifestation of a counterfeit
card in his possession, custody, or control commits an offence
and is liable on—
(a) summary conviction to a fine of thirty thousand
dollars and to imprisonment for two years; or
UNOFFICIAL VERSION
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Signing a card
of another.
Fraudulent use
of card.
[19 of 2005].
(b) conviction on indictment to a fine of fifty thousand
dollars and to imprisonment for five years.
(2) A person, other than an authorised manufacturer or
issuer, who possesses a counterfeit card is presumed to have the
intent to defraud as required under subsection (1).
(3) A person falsely makes a card when he makes or
draws in whole or in part a device or instrument which purports
to be the card of a named issuer but which is not such a card
because the issuer did not authorise the making or drawing, or
when he alters a card which was validly issued.
(4) A person falsely embosses a card when, without the
authorisation of the named issuer, he completes a card by adding
any of the matter, including the signature of the cardholder,
which an issuer requires to appear on the card before it can be
used by a cardholder.
10. A person, other than the cardholder or a person
authorised by him, who, with intent to defraud the issuer or a
creditor, signs a card commits an offence and is liable on
summary conviction to a fine of twenty thousand dollars and to
imprisonment for three years.
11. (1) A person who, with intent to defraud an issuer or a
creditor, uses, for the purpose of obtaining money, goods,
services, or anything else of value, a card obtained or retained
fraudulently or a card which he knows is forged, or who obtains
money, goods, services, or anything else of value by
representing, without the consent or authorisation of the
cardholder, that he is the holder of a specified card, or by
representing that he is the holder of a card and such card has not
in fact been validly issued, commits an offence and is liable on—
(a) summary conviction to a fine of thirty thousand
dollars and to imprisonment for two years; or
(b) conviction on indictment to a fine of fifty thousand
dollars and to imprisonment for five years.
(2) A person who by any means forces a cardholder or a
person holding or having possession of the card with the consent
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UNOFFICIAL VERSION
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of the cardholder or any person authorised in writing by the
cardholder to use the card—
(a) to obtain money, goods, services or anything
else of value for him; or
(b) to disclose his password or card number to him
or another person for the purpose of obtaining
money, goods, services or anything else of value,
commits an offence and is liable on—
(i) summary conviction to a fine of fifty
thousand dollars and to imprisonment for
five years; or
(ii) conviction on indictment to a fine of
eighty thousand dollars and to
imprisonment for seven years.
12. (1) A creditor who, with intent to defraud the issuer or
the cardholder, furnishes goods, services, or anything else of
value upon presentation of a card which he knows is obtained or
retained fraudulently or illegally or a card which he knows is
forged, expired, or revoked commits an offence and is liable on—
(a) summary conviction to a fine of thirty thousand
dollars and to imprisonment for two years; or
(b) conviction on indictment to a fine of fifty thousand
dollars and to imprisonment for five years.
(2) A creditor who, with intent to defraud the issuer, or
the cardholder, fails to furnish goods, services, or anything else
of value which he represents in writing to the issuer or the
cardholder that he has furnished, commits an offence and is liable
on summary conviction to a fine of thirty thousand dollars and to
imprisonment for two years.
(3) A person who is authorised by a creditor to furnish
goods, services, or anything else of value upon presentation of a
card or a card account number by a cardholder, or any agent or
employee of such person, who, with intent to defraud the issuer,
or the cardholder, presents to the issuer or the cardholder, for
payment, a card transaction record of sale, which sale was not
made by such person or his agent or employee, commits an
offence and is liable on summary conviction to a fine of thirty
thousand dollars and to imprisonment for two years.
Fraud by person
authorised to
provide goods,
services, etc.
[19 of 2005].
UNOFFICIAL VERSION
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(4) A person who, without the creditor’s authorisation,
employs, solicits or otherwise causes a person who is authorised
by the creditor to furnish goods, services or anything else of
value upon presentation of a card or a card account number by a
cardholder, or employs, solicits or otherwise causes an agent or
employee of such authorised person, to remit to the creditor a
card transaction record of a sale that was not made by such
authorised person or his agent or employee, commits an offence
and is liable on summary conviction to a fine of thirty thousand
dollars and to imprisonment for two years.
(5) A person authorised by a creditor to furnish goods,
services or anything else of value or an agent or employee of such
an authorised person who intentionally remits to the creditor a
card transaction record of a sale that was not made by a
cardholder or a person holding or having possession of the card
with the consent of the cardholder or a person authorised in
writing by the cardholder to use the card under subsection (4),
commits an offence and is liable on summary conviction to a fine
of thirty thousand dollars and to imprisonment for two years.
13. A person who receives money, goods, services or
anything else of value obtained in breach of section 12, knowing
or believing that it was so obtained commits an offence and is
liable on summary conviction to a fine of thirty thousand dollars
and to imprisonment for two years.
14. It shall not be a defence to a prosecution for an offence
under this Act that a card that is not a counterfeit card is offered
for use or sale as a counterfeit card, and a person, other than the
defendant, who has breached this Act has not been convicted,
arrested or identified.
15. (1) A person who, with knowledge, unlawfully obtains
credit or purchases any money, goods, services or anything else of
value by the use of any false, fictitious, counterfeit or expired card,
card number or other credit device, or by the use of any card, card
number, or other credit device of another person without the
authority of that other person to whom such card, number or device
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Receipt of
money, etc.,
obtained by
fraudulent use
of card.
Defences not
available.
Obtaining
goods, etc., by
use of false,
expired or
revoked card.
[19 of 2005].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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Trafficking in
counterfeit card.
Possession of
card-making
equipment.
Alteration of
card invoice.
was issued, or by the use of any card, card number, or other credit
device in any case where such card, number or device has been
revoked and notice of the revocation has been given to the person
to whom it was issued, commits an offence and is liable on—
(a) summary conviction to a fine of thirty thousand
dollars and to imprisonment for two years; or
(b) conviction on indictment to a fine of fifty
thousand dollars and to imprisonment for
five years.
(2) For the purpose of this section, knowledge of
revocation shall be presumed to have been received by a
cardholder seven clear days after such notice has been sent to him
by post at his last known address.
16. (1) A person who is found in possession of three or more
counterfeit cards, invoices, vouchers, sales drafts, or other
representations or manifestations of counterfeit cards, or card
account numbers of another person is deemed to have the same
for the purpose of trafficking, unless the contrary is proved, the
burden of proof being on the accused.
(2) A person who commits the offence of trafficking
under subsection (1) is liable on summary conviction to a fine of
fifty thousand dollars and to imprisonment for five years.
17. A person who receives, possesses, transfers, buys, sells,
controls, or has custody of any card-making equipment with
intent that such equipment be used in the manufacture of
counterfeit cards, commits an offence and is liable on summary
conviction to a fine of fifty thousand dollars and to imprisonment
for five years.
18. A person who, with intent to defraud another person,
falsely alters any invoice for money, goods, services, or anything
else of value obtained by use of a card after that invoice has been
signed by the cardholder or a person authorised by him, commits
an offence and is liable on summary conviction to a fine of thirty
thousand dollars and to imprisonment for two years.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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19. (1) A cardholder shall not unless he acts in collusion
with another person be liable to the issuer for any loss arising
from use of the card by any person not acting, or to be treated as
acting, as the cardholder’s agent.
(2) Subsection (1) does not prevent the cardholder from
being made liable to the extent of five hundred dollars for loss to
the issuer arising from use of the card by another person during a
period beginning when the card ceases to be in the possession of
any authorised person and ending when the card is once more in
the possession of an authorised person.
(3) Subsection (1) does not prevent the cardholder from
being made liable to any extent for loss to the issuer from use of
the card by a person who acquired possession of it with the
cardholder’s consent.
(4) Subsections (2) and (3) shall not apply to any use of
the card after the issuer has been given notice within two days of
discovering that the card is lost, stolen, or is for any other reason
liable to misuse.
(5) Subsections (2) and (3) shall not apply unless the
issuer provides the cardholder with particulars of the name,
address and telephone number of a person stated to be the person
to whom notice is to be given under subsection (4).
(6) Notice under subsection (4) takes effect when
received, but where it is given orally, it shall be confirmed in
writing within fourteen clear days.
(7) Any sum paid by the cardholder for the issue of the
card, to the extent, if any, that it has not been previously offset by
use made of the card, shall be treated as paid towards satisfaction
of any liability under subsection (2) or (3).
(8) The cardholder, issuer or any person authorised by
the cardholder to use the card shall be authorised persons for the
purpose of subsection (2).
20. (1) Subject to subsection (2), a financial institution shall
not make available, lend, donate, or sell any list or portion of a list
of any cardholders and their addresses and account numbers to
any person without the prior written permission of the cardholder.
Liability for
misuse of card.
Card lists
prohibited.
UNOFFICIAL VERSION
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(2) A financial institution may make available to
another financial institution, which seeks to determine only the
cardholder’s credit rating, any list or portion of a list of any
cardholders and their addresses without the permission of the
cardholder but must, within seven working days, give written
notice of the disclosure to the cardholder.
(3) A financial institution which breaches subsection (1)
commits an offence and is liable on summary conviction to a fine
of fifty thousand dollars.
21. Notwithstanding any law to the contrary, an offence
committed under this Act and charged summarily may be
prosecuted at any time within one year after the commission of
the offence.
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Limitation of
time for
prosecution in
Summary
Cases.
[19 of 2005].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
