Proceeds of Crime Act 2007

PROCEEDS OF CRIME THE PROCEEDS OF CRIME ACT ARRANGEMENT OF SECTIONS PRELIMINARY

1. Short title.
2. Interpretation. PART I. The Assets Recovery Agency
3. Assets recovery agency.
4. Cooperacion of entities. PART 11. Forfeiture Orders and Pecu.niary Penalty Orders
5. Making oforder.
6. Criminal lifestyle.
7. Conduct and benefit.
8. Assumptions for determining benefit from general criminal conduct.
9. Effect of forfeiture order. lO. Voidable transfers.
10. Value of property for the purposes of a pecuniary penalty order.
11. Time for payment.
12. Interest on unpaid sums.
13. Effect of order on Court's other powers.
14. Postponement.
15. Effect of postponement. 1 7. Statement of information.
16. Defendant's response to statement of information.
17. Acceptance of allegations by enforcing authority.
18. Reconsideration of case where no order was made. [The inclusion of this page is authorized by L.N. 128/2016)

2 PROCEEDS OF CRIME 21. Reconsideration of benefit where no order was made. 22. Reconsideration of benefit after order is made. 23. Variation of order upon inadequacy of available amount. 24. Reconsideration of available amoW1t after order is made. 25. Discharge of order with small sum outstanding. 26. Making of order where defendant absconds after committal or conviction. 27. Making of order where defendant absconds before verdict. 28. Variation of order made pursuant to section 27. 29. Appeals against forfeiture orders and pecuniary penalty orders. 30. Court's powers on appeal. 31. Provisions re imprisonment on detention. PART III. Restraint Orders 32. Conditions for making restraint order. 33. Restraint orders. 34. Discharge or variation of order. 34A. Deteriorating property. 35. Appeals. 36. Seizure. 37. Hearsay evidence. 38. Registration and publication of restraint order. 39. Contravention of restraint order. 40. Restrictions on the enforcement ofrestraint order. Receivers 41. Appointment of the Director's receiver. 42. Powers of Director's receiver. 43. Application of sums by Director's receiver. 44. Sums received by Agency. 45. Restrictions on Director's receiver. 46. Protection of Director's receiver. [The inclusion of this page is authorized by L.N. 128/2016]

PROCEEDS OF CRIME 47. Application for directions. 48. Discharge or variation of order concerning Director's receiver. 49. Appeals. General provisions as to the exercise of powers under Paris fl and 111 50. S"ized money. 51. Sentencing powers of court and Director's receiver. 52. Committal by Resident Magistrate's Court. 53. Sentencing powers of Resident Magistrate not affected. 54. Enforcement abroad. PART IV. Civil Recovery of the Proceeds, etc. of Unlawful Conduct 5 5. "Interpretation. 56. General purpose of this Part. Civil Recovery in the Supreme Court 57. Proceedings for recovery orders. 58. Recovery orders. 59. Functions of the Agency in giving effect to recovery order. 60. Rights of pre-emption, etc. 61. Associated and joint property. 62. Agreements about associated or joint property. 63. Default of agreement about associated or joint property. 64. Payments in respect of rights under pension schemes. 65. Consequential adjustment of liabilities under pension schemes. 66. Supplem~ntary provisions in respect of pension schemes. 67. Applying realized proceeds. 68. Exemption for victims of theft, etc. 69. Compensation. 70. Financial threshold. 71. Limitation. Recovery of cash in summary proceedings [The inclusion of this page is authorized by L.N. 12B/2016J 3

4 PROCEEDS OF CRIME 72. Searches. 73 . Prior approvaL 74. Code of practice. 75. Seizure of cash. 76. Detention of seized cash. 77. interest. 78. Release of detained cash. 79. Forfeiture. 80. Appeal against forfeitures. 81. Application of forfeited cash. 82. Victims and other owners. 83. Compensation. · General 84. Property obtained through unlawful conduct. 85. Tracing property, etc. 86. Mixed property. 87. Profits accruing in respect of recoverable property. 88. General exceptions. 89. Grant of interest in recoverable property. -90. Insolvency. PART V. Money Laundering 91. Interpretation. 91A. Functions of competent authority. 92. Concealing, etc. criminal property. 93. Acquisition, use and possession of criminal propercy. 94. Non-disclosure by a person in the regulated sector. 95. Non-disclosure by a nominated officer in the regulated sector. 96, Non~disclosure by authoris~d officer. 97. Tipping off. [The inclusion of this page is authorized byL.N. 128/2016}

PROCEEDS OF CRIME 98. Penalties. 99. Appropriate consent by nominated officer. 100. Protected and authorised disclosures. 101. Cross border movement of funds. 101A. Limit on cash transaction. I 02. Regulations. PART VI. Investigations 103. Interpretation. 104. Offences prejudicing investigation. Disclosure Orders 105. Disclosure orders. I 06. Requirements for making a disclosure order. 107. Order to grant entry. 108. Production, copying and retention of information or material. 109. Electronic information. 110. Ancillary order. 111. Government departments. 112. Offences. 113. Res~ction on use of statements in evidence. 114. Supplementary. Search and Seizure Warrants l J5. Search and seizure warrants. 116. Requirements where disclosure order not available. 117: Privileged or excluded mater,ial. 118. Supplementary. Customer Information Orders 119. Customer information orders. 120. Meaning of customer information. 121. Requirements for making a customer infonnation prder. [The.inclusion ofthispage ts-111.1Ui"ot1ud'by t.ir 128/2016]- . 5

6 PROCEEDS OF CRIME. Recovery of cash in summary proceedings 122. Offences. 123. Restriction on use of statements in evidence. 124. Disclosure of information. 125. Supplementary. Account monitoring orders 126. Account monitoring orders. 127. Restriction on use of statements in evidence. 128. Supplementary. PARTVII. General 129. Property excluded from operation of Bankruptcy Act. 130. Restriction of powers in case of bankruptcy. 131. Tainted gifts made by bankrupt. . 132. Property excluded on the winding up of a company. 133. Tainted gifts made by a company to be wound up. 134. Floating charges. 135. Seizure or disposal of excluded property by insolvency practitioner. 136. Rules of court. 13 7. Protection of persons exercising functions under this Act. 138. Regulations. SCHEDULES. [The inclusion ofthis page is authorized by L.N. 128/2016)

PROCEEDS OF CR!AfE THE PROCEEDS OF CRIME ACT [30th May, 2007.] Preliminary

1. This Act may be cited as the Proceeds of Crime Act. 2.--(1) In this Act- .. Agency" means the Assets Recovery Agency referred to in section 3; "authorized financial investigator" means- ( a) a member of the Constabulary Force so designated by the Commissioner of Police; (b) an officer of the Agency; or ( c) any other person so designated by the Minister; "benefit" includes any property, service or advantage; "Court" means- ( a) the. Supreme Court; ( b) in any case where the Gun Court has juris￾diction, the High Court Division or the Circuit .Court Division of the Gun Court, as the case may require; or ( c) such . other superior court of record as the Minister may specify, by order subject to affirmative resolution; "credit union business" means the business of the taking of deposits and withdrawable shares by a credit union from its members· and the provision of credit facilities by a credit union to its members, and any other business that may be so designated in writing by the Minister responsible for finance; "criminal conduct" means conduct occurring on or after the 30th May, 2007, being conduct which- (a) constitutes an offence in Jamaica; (b) occurs · outside of Jamaica and would [The inclusion ofthis page is authorized by LN. 128/2016) 7 Acts 4 ofl007, 12 of2009 Sch., 13 ofl009 S.14., 9ofl010 s. 36., 260(2013, L.N. IOSc/2013. Short title. Interpreta￾tion. 26/2013 S. 3. 9/2010 S. 36.

8 PROCEEDS OF CRIME constitute such an offence if the conduct occurred in Jamaica; "Director" means the Director of the Assets Recovery Agency as specified in section 3(2); "enforcing authority" means- (a) the Agency, where it makes an application under section 5(1) or takes proceedings under section 57; · (b) the Director of Pubi,~ Pros~utions, where he makes such an application; "financial institution" means- (a) a bank licensed under the Banking Act; (b) a financial institution licensed under the Financial Institution9" Act; ( c) a building society registered under the Building Societies Act; (d) a society registered under the Co-operative Societies Act and which carries on credit union business; ( e) a person who- (i) engages in insurance business within the meaning of the Insurance Act; (ii) performs services as an insurance intennediary within the meaning of the Insurance, Act, but does not include an insurance consultant or an adjuster; (t) a person licensed under the Bank of Jamaica Act to operate an exchange bureau; (g) a person licensed under the Securities A~t as a dealer or investment adviser; (h) approved money transfer and_ remittance agents and agencies as defined by section 2 of the Bjink of Jamaica Act; (i) any other person declared by the Minister responsible for national security, by order subject to affirmative resolution, to be a financial institution for the purposes of this Act: (The inclusion of this page is authorized by L.N. 128/2016]

PROCEEDS OF CRIME "forfeiture order" means an order under section 5(2)(c) or (3)(a); "free property" means property in respect of which no forfeiture order is in force under any other law; "general criminal conduct" in relation to a defendant means all the defendant's criminal conduct occurring after 30th May, 2007; "interim receiving order" means an interim rec:.. iving order made pursuant to regulations under this Act; ''offence concerneµ" means the offence referred to in section 5(1) or 52(l)(a), as the case may require; "overseas authority" means an authority in a country or territory outside Jamaica, which has responsibility for- (a) making a request to an authority in another country or territory (including Jamaica) to prohibit dealing with relevant property; or (b) carrying out an jnvestigation into whether- (i) property has been obtained as a result of in connection with criminal conduct; or (ii) a money laundering offence has been committed; "particular criminal conduct" in relation to a defern;iant means all of the defendant's conduct, occurring on or after the appointed day, which constitutes- (a) the offence concerned; (b) offences of which the defendant was con￾victed in the same proceedings as those in which he was convicted of the offence concern~d; or ( c) offences which the Court will be taking into consideration in sentencing the defendant for the offence concerned; [The inclusion ofthis page is authorized by L.N. 128/2016) 9

10 PROCEEDS OF CRJ.,ME "pecuniary penalty order" means an order under section 5(3)(b); "property" means all property wherever situate, including- (a) money; (b) all forms of real or personal property; and (c) things in action and other intangible or in￾corporeal property; "realizable property" means- (a) any free property held by the detendant; or (b) any free property held by the recipient of a tainted gift; "recipient of a tainted gift" means a person to whom the defendant has made the gift; "recoverable amount" means the amount payable under a pecuniary penalty order; "restraint order" means an order made under section 33. (2) A gift, whether made before or after the 30th May, 2007, is tainted if- (a) where a court has decided that the defendant has a criminal lifestyle- (i) it was made by the defendant at any time after the first day of the period of six years ending with- (A) the day when proceedings for the offence concerned were started against the defendant; or (8) if there are two or more offences and proceedings for those offences were started on different days, the earliest of those days; or [The inclusion of this page is authorized by LN. 128/2016]

!'f<(}(.'/:IJJS OF ('R./Mf:· (11) it was made by th...: d1..·li.:ndmlt al any timt· ,i!ld was of prorcn y which- - (1) was nhtiincd hy the dcfend:mt as ,1 result o t' Dr in con nee ti\ lJl with the Jckmhm(s ~crn:r:il crirnin:.d cunduc t; ur (H) 111 whuk 1ir in pan, c!inxtly or indin:ctly. rl.'.rrcst:nkd 111 the ddi.'ndant 's hal1(.ls, property obtained hy the defendant :is a n:sult of nr in con nee tion with the deknJ:mt'" general crimrna I Cl md uct; or < h) where a ct 1urt has dee idcd that the defendant docs 1101 h.-.ivl.'. ,1 crimin ... d lifestyle, the gift \Vas madr.: by the def emhmt at any time nJtcr ( 1) the elate nn which thl' o ffcnce cnnccrncJ \ as commith:d; or (it) the dak uf the earliest off<.:nci: concerned, where the Jckmfrmt's r,1r11cubr criminal conduct consists of L wo I ir I nurc u !fences committed on different dales. 0) For the purrusi:s of subsection ( ::i.) (a) an offenc~ which is a continuin!_!. offrrn.:e is committed on the fir.st occasion whl"n it is found to be corn mi ttl:d, nm! ( b:) the defendant's particular 1..Timinul condui.::1 incl ud~s any conduct that cons ti tuli:s offences that the Court has taken into consideration in deciding the Jcfendant's sentence fcH the offence concerned. ( 4) Where the dcknJant trnnsfers property to another person for a consideration the v:1lue of which 1s significantly less than the value of the property at the time of thl'. transfer- (a) the defendant is to be treated as making a gift; and 11

I.' I' IN il "FEDS 01' l/U \JF ( Ii I the rrnpeny gi n:n is to tie treated as such share in the property tr:rn)l.1.::rrc·d ,is i:. r·:pr<e"sentcJ by the fraction- (i I whd:,l'. 11umcr~1tor 1s thi.: Jifferenci: bi:twi.;-.:n tht Vi:lluc u[' the com,idL:rntiun given and the V~]UL' uf !ht.: property at lhL: time of the trans1·,T. ,rnd (ii) \hnsi: duwrninator is llic va!ue of thl' property at thi..: time of the: transfer. (~) Suhsc'.ct1ons (6) and (7,1 ::iprly for thl'. purrus.:: ul d<:cid ing the val ll-: U J' a tlli ntcd gi it and the ma1i:rial ti me is the time the Court makes its dccisiun. {6) The \educ .:.t the material time of a tainted ~ift is the greater of the fo!knving- (a) the v:i]u1.;, at thi: tirni..: uf tli<..' gift, of the property given, aJjush:d to take aCC(lunt uf later changes in the value ofrnum:y. (h) the valui.:, at the material lime, ot the property found under subsection (7). (7) Tht property found urn.kr this subs~ction is·- (a) if the recipient hclds lhc rroperty giv1.;n, that property: ( ti) if the recipient hu!ds no p~irt of the property given, any property in the rccipi1;nt's h~1nt.ls which directly or indirectly represents the prupcrty given, le) if the recipient holds part of the properly given, any property 1n the recipient's hands which directly or indirectly represents the other pan of the property given. (8) The follmving rults apply in relation to property￾la J property is held by El person if that person ho!ds an intcn:st 10 the property;

PROCEEDS OF CRJ:\1£ (b) property is obtuine<l by a person if that person obtains an interest in the propeny; (c) property is transferred by a person if that person transfers or grants an interest in the property to another person; (d) references to property held by a person include references to property vested in that person's trustee in bankruptcy or liquidator; (e) references to a beneficial interest in property held by a person include references to an interest that would be held by the person beneficially if the property were not vested as described in paragraph (d); (/) references to an ir.terest in rebtion to lnnd are references to ~my legal est:1te or equitable interest or power; (g) ri:ferences to an interest in relation to property other than land include references to a right (including a right to possession). (9) Refcren(es lo sentencing a defendant for an offence inc!ude references to dealing with the defendant otherwise in respect of the offence, pursuant to the provisions of the Criminal Justice (Reform) Act. (IO) Nothing in section 5 (making of order), 6 (criminal lifestyle), 7 (conduct and benefit), 8 (assumptions for determining benefit from general criminal cunuuct), 9 (effect of forfeiture order), IO (voidable transfers), 20 (reconsideration of case where no order was made), 21 (reconsideration of benefit where no order was made), 22 (reconsideration of benefit after order is made) or 30 (court's powers on appeal) refers to conduct occurring, offences committed or property transferred or obtained, before the 30th May, 2007. ( l l) For the purpose of the exercise of any function under this Act, where any sum of money is expressed in a currency other than Jamaican dollars, that sum shall be taken to l'fh< indu,,on or 1hi, pA~e .. aulhor,,od by L.:,O . J 1/l!IIO 1 13

i-1r<;.I ,;;,.:hc:t!ulc f'N.UClEDS OF C:Rf/o.,fl, be thi.: .bnrn.1--:an uollar equivalent cakub1eJ in ;iccordance with the selling rate of exchange, as dct1:rmined hy the Bank uf Jamaica's weighted :I\ t:rage. as ac the rnJ nf Lil.: uay uf reul iLatim 1. i'AR r I. 1hi: Assets Recovery AKency 3.-( I) In this Act, the Assets Recovery Agency rncans- (a) the Financial Investigation Division of thl! Ministry of Finance and Planning; or (h) drty otb1;:r cntity ~u dcsignateu by the Ministcr by order. (2) The Chief Technical Director of the Firw.ncial lnwstig:1tion Division or, where. another entity is designated as !ht· Agency under subsection (] ), the person in charge of thl'. operations of that entity, shall be the Director of the Agency. ( J) The provisions of thc First Schedule sh:1!! have effect as to the conduct of thl! operations of the Agency with rcspi..:ct to the exercise of its fundions under this Act ( 4) The Agency shall have such functions as are con￾ferred upon it by this or any other enactment and may do anything tindu<ling the carrying uut uf investigations) that is :1ppropn:1tc for facilitating, or is inciJcntal to, the exercise of its functions. (5) The Agen9 shall give the Minister any advice or assistance that the Minister reasonably requires and that- (a) relates to matters connected with the operation of this Act; and (b) is designl!d to help the Minister to exercise his functions so as tu reduce crime.

f'fWCf.t'DS OF CfU.\JJ: ( 6) The pn i' I c-iuns of paragrnph-: 1 2 to l 5 of the First Schedule have cl !'ect with rc,p~<..'l to the discll1';uri: of inl"ormat1on to or by the .-\gcncy and the use of such information 4.-( 1) Fv. 1 )' rntity that has functionc.; rcluting to the in v cs ti gat ion or p ru:,ccu ti on u f o ffcnces s ha! l en opna tc \'1th the Agcnc:· in the L'n·rcise of its functions. (2) The Agency '.'ihul! co-operutc: with the c.:n1111cs it:fem.:J tu in subsectiun ( l) in the exercise 01· 3.nv functions conferrt?d nn such entities unJer this .--1..cL P.\ln !J. Forfellurc Ordi:.rs and f-'1.:rnt11u1y l,t'm!lty ().• ,h n 5.-( I) Subject to subsection (CJ). the Court sl1a1l. UJK1n the application ot· the Agency or lhL, Direclrir or Public Prosccutions, act in accordance v,,itli subsection (2) if the Court is satisfied that c1 defendant is- (a) convicted of any oftcnce m proceedings bc:·ure the Court, or (b) cummittc:d to thc l'uurt pursuant tu section 'i7 (comminal from Resident MagistratL.:'s Court with u vi1;w to making forfeiture ord1.:r or pc...:urnary pcn3[ty order). (2) The Court shall- (u) determine whether or not lh~ Jcf'cn<lant has a cnmina! lifestyle and has benefittcd from his gencrol criminal conduct; ( b) 1f the Cour1 determines that the defendant does not have a criminal l ifesty!e, determine whether or not the defendant has bcnetittcd from his particular criminal conduct; and l',r,,1 S,:11u1i11, t '( l•i lpr!r~jiJ J 11 (d 1:11t1i1i..:•J \fa~,11~, ,,I .Jrd,:r

10 PROCEEDS OF CR!MF- (c) identify any property U$ed in or in connection with the offence concerned and mak~ an order that that property be forfeited to the Crown. (J) Where pursuant to ::,ubscction (2) the Court determines that the defend:mt has hencfittcd from criminal conduct, the Court shal! identify the rropcrty that represents the defendant's benefit from criminal conduct, and- (a) make an order that the property be forfeited to the Crown; or (b) order the uefendant to pay to the Crown an amount (hereinafter ref erred to :Js the rccnvcrable amount) equal to the value of his bendits, assessed in accordance with the provisions of 1his section and sections 6, 7, 8 and 11. ( 4) In considering whether a forfeiture order should he made under this section, the Court shall have regard to- (a) the rights and interests, if any, of thin.l parties in the property; (b) the gravity of the offer.cc 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 in ten dcd use of the property. (5) Where the Court is satisfied that a forfeiture order should be mar.le under this section, but that the property or any part thereof or any interest therein cannot be made subject to such an order, and, in particular~ (a) cannot, on the exercise of due diligence, be located; (b) 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 11 he ,ncl~•ioo or ,~,. po~o i• "" 1ho,iud by I..,;. 1 l/JO Ill I

PROCEEDS OF CRIME avoiding the forfeiture of the property; (c) is located outside Jamaica: (d) has been substantially diminished ir. value or n:ndered worthless: or (e) has been commingled with other property that cannot be divided without difficulty, the Court may, instead of ordering forfeiture of the property or part thereof, or interest therein, order the delendant to pay to the Crown an amount equal to the value of the property, part or interest, as the case may be. (6) Where the Court orders a person to pay an amount under subsection 3(b) or (5), that order shall be enforceable against any free property of that person. (7) The Court shall decide any question arising under subsection (2), (3), (4) or (5) on a balance of probabilities. (8) For the purposes of deciding whether a dcfc:ndant has bcnefitted from criminal conduct and identifying such benefit, the Court shall take account of- (a) conduct occurring up to th~ time when the Court makes its decision; and (b) property obtained up to that time. (9) The Com-1 nay, at any time before making a final determination UJ' • subsection (2), make an order for a valuation to be carried out in relation to any property concerned in the determination, and may give such ancillary directions as it considers necessary for that purpose_ (I 0) In any case where the Court is satisfied- (a) as to the matters referred to in subsection (1 )(a) or (b); (b} that no application under subsection (I) has been made to the Court in respect of the case. and fl~" incl~11on of ,1,u r•~• ,, authorized bt t.N. 111w111 I 17

rROCEff)S 01-: C!U./1:" ,c) it 1s ::ippropriati.: to Jct under thi::; ::;ubscction, thl· Court rn;1y refc:r th1.' case tu the Director of Public Proscu11 ions, a!Dng 1 sitl1 the nutcs u!· cviJcncc and the Court's ubscrvritions Lhncon, for tlw purpcJsc or cum.1,Jcring \·hethcr an app! icat ion oug:ht lo be muck under su h:,cctiun ( 1 ) ( l l) Tht: en !l·ir: i ng au thnri ty sld 1- ( u) give no ll'ss th:m t·uurken days written nolicl of .1n upµlication ror a forl'citur,: mdcr or pecuniary penalty Cl rd er to the de r cndan t :rnJ to any u th er pc rsun v,:ho the c11Corcing authority h:i~ rea:mn tu hL:licvc rnuy haV,'. ,tn inttrl'Sl in the prupcrt:,· c1.i11ccrncd 111 lhc app!ii.:·1t1un; 1 /J) cause: a cupy of the notice to be publishcJ in a daily newspaper printed :mcl c1rculatcc..l in Jamaica; ( 12) Where an application is made for a forfr.iture order ~gainst property, a pcrsnn whu cbims an interest in the property may, before the order is made, apply to the Court for c1n nrder unclcr ::;ubscction ( 13). (13) [fa person applies for an order pursuant to sub￾section ( l 2), the Cnurt shall make an order declaring the nature, extent and value (as ut the time the order is made) of the person's i ntcrest if the Courl is sat1sfied- (o) th~tt the pt::rsun was not in any \VJY involved in the cornm1ssiun ur 1he offem:i..:; :-inJ ( b) \vherc the person acq ui fl'U the. in ten:sl cl uring or after the cnmmission of lhe u!l..nce, that hi; acquired the i nten:st ( i) for sufficient consi,.kration. :mcl (ii) without grounds acquired property. knO',:mg or having ri::asonable to suspect that, at the ti me he it, the prop1.a·rty was tainted ( 14) Sub1ect to subsection ( 15\ \Vhere a forfeiture urdcr

PROCEEDS OF CRIME has already been made against property, a person who claims an interest in the property may apµiy under this subsection for an order under subsectiui1 (13), before the end of the period of six months c0mmencing on the day on which the forfeiture order i$ made or such longer period as the Court may, having regard to all the circumstances, allow. (15) A person 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, except with the leave of the Court, be permitted to make an application under subsection (14). ( 16) A person who makes an application under subsection (12) or (14) shall not give less than fourteen days' 'Written notice thereof to the enforcing authority, who shall be a party to any proceedings in respect of the application. (17) An applicant or the enforcing authority may, in accordance with rules of court, appeal to the Court of Appeal from an order made under subsection (13). (18) Where a person has obtained an order under sub￾section ( 13) and- (a) the period allowed by rules of court with respect to the making of appeals has expired, the Attorney￾General shall act in accordance with subsection (19) on the application of that person; or (b) any appeal from that order .made pursuant to sub￾section ( 1 7) has been determined in the person's favour, the Court of Appeal shall order that the Attorney-General act in accordance with subsection (19). (19) The Attorney-General shall direct that- (a) the property or the part thereof to which the person's interest relates, be returned to the person; or [Tho inclusion of l~i, page is >ulhori••d by L.N. 1112010 1 19

20 Crnnurnl 11fesrylc Second Sch,dule! PROCEEDS OF CIUME (b) an amount equal to the value of the person's interest, as declared in the order be paid to the person. (20) For the purposes of subsection ( 13) "tainted property", in relation to the offence concerned and any other offence constituting a course of criminal activity Lmder section 6, mcans- (a) property used in, or in connection with, the com￾mission of the offence; or (b) property derived, obtaincJ or realized directly, by the person convicted, from the commission of the offence. 6.-{ 1) A defendant shall be regarded as having a criminal lifestyle if the offonce concemed- (a) is specified in the Second Schedule; (b) constitutes conduct forming part of a course of criminal activity, from which the defendant obtain~ a benefit; or (c) is committed over a perind of at least one month and the defendant has benefited from the conduct which constitutes the offence. (2) Conduct forms part of a course of criminal activity if the defendant has bene!itted from the conduct and- (a) in the proceedings in which he was convicted, he was also convicted of at least one other offence consisting of conduct from which he has benefitted; or (b) in the period of ten years ending with the day when those proceedings were started (or, if there is more than one such day, the earliest day) he was convicted on at least two s~parate occasions of an offence consisting of conduct from which he has benetitted. (3) In this section, "benefit"- (a) for the purpn~es of suhsection (1 )(b) is- (i) benetit from conduct which constitutes the offence; (ii) benefit from any other conduct which forms part of the eourse of criminal activity IThr utdut,01t uf tho, pal,\c i• Jt\llhMunl by L.:"I. I J/1010 J

PROCEEDS OF CRIME and constitutes an offence of which the defendant has been convicted; (iii) benefit from conduct which constitutes an offence that has been or will be taken into consideration by the Court in sentencing the defendant for an offence mentioned in sub￾paragraph (i) or (ii); (b) for the purposes of subsection (l)(c) is- (i) benefit from conduct which constitutes the offence; (ii) benefit from conduct which constitutes an offence that has been or will be taken into consideration by the Court in sentencing the defendant for the offence mentioned in sub￾paragraph (i). ( 4) The Minister may by order subject to affirmative resolution amend the Second Schedule. 21 7.-(1) A person benefits from conduct if he obtains a Conduct11rrcf benefit as a result of or in connection with the conduct. h~m!r,i. (2) For the purpose of making a pecuniary penalt,y order, a person who obtains a non-pecuniary advantage as a result of or in connection with conduct shall be deemed to have obtained as a result of or in connection with the conduct, a sum of money equal to the value of the non-pecuniary advantage. (3) References to property or a non-pecuniary advantage obtained in connection with conduct, include references to property or a non-pecuniary advantage obtained both in that and some other connection. ( 4) If a person benefits from conduct, his benefit is-. (a) for the purposes of making a forfeiture order, the property obtained as a result of or in connection with the conduct; (b) for the purposes of making a pecuniary penalty order, the value of the benefit obtained as a result of or in (The inclu,ion of thi• page is autho•izcd hy L.:'ll. 1112010 I

Assumptions for deter￾mining benefit from general criminal conduct. PROCEEDS OF CRIME connection with the conduct. 8.-(1) Subject to subsection (3), where the Court deter￾mines under section 5 that a defendant has a criminal lifestyle, the Court shall make the assumptions listed in subsection (2) for the purpose of- ( a) determining whether the defendant has benefitted from his general criminal conduct; and (b) identifying his benefit from that conduct. (2) The assumptions referred to in subsection (1) are that- (a) any property transferred to the defendant at any time after the relevant day was obtained by him- (i) as a result of his general criminal conduct; and (ii) at the earliest time from which the defendant appears to have held it; (b) any property held by the defendant at any time after the date of conviction was obtained by him- (i) as a result of his general criminal conduct; and (ii) at the earliest time from which the defendant appears to have held it; (c) any expenditure incurred by the defendant at any time after the relevant day was met from property obtained by him as a result of his general criminal conduct; and (d) for the purpose of valuing any property obtained, or assumed to have been obtained, by the defendant, he obtained the property free of any other interests in it. (3) The Court shall not make an assumption under sub￾section (2) in relation to a particular property or expenditure if- ( a) the assumption is shown to be incorrect; or ( b) there would be a serious risk of injustice if the (The inclusion of this page is authorized by L.N. 11/2010 I

PRUCEDJS OP l'IUME assumption were madl'.. ( 4) Where the Court docs not make one or more of the assumptions set out in suhsect10n (2), the Court sh:.ill stat<: its reasons (5) For the purposes of this section- (a) where no previous fo_rkiturL· order or pecuniary penalty order has been made against the defendant in relation to henefit from general criminal condt:ct, the "relevant day" is the first day of the period of ten years ending with- (i) th(; do.y when proceedings for the offonce concerned were starkd against the defendant: or (ii) if there arc twu or more offences and proceedings for them were started on different days, the earliest of those days; (h) where a previous forfeiture order or pecuniary penalty order has been made against the defendant in rcl..1tion to benefit from general criminal conduct- (i) the "relevant day" is the day whrn the defendant's benefit was calculated for the purposes uf thc: last such order; and (ii) suhsection (2)(h) does not apply to any property that was held by the defondant on or before the relevant day; (c:) the date of conviction is- (i) the date on which the defendant was con￾victed of the offence concerned; or (ii) if there are two or mar~ offences and the convictions were on different dates, the date of the latest conviction. 9.--{l) Where a Court makes a forfeiture order th~ Court E.tT~c\of · ,- forfeiture may give such directions as :ire necessary or convement 1or order. IThc indu,;on nr 11,,, r•i• ;, •u•hM1tcJ by L.N. J 1120W I

.' l f'ROcLEDS OF CJU.ff ( 2) Su~~Jl'd 10 subseclio:1 ( "l J, \Nhere the Court makes a t·1 irkiwre orde;· .1~;iinst a.m prnpeny, the pruperry vests Jh~,1lutcly tn the: Cr1)\rl b~' virtue (Ji the order. () J \'here propeny :ig:.iinst \ hich a forfeiture order has hc:cn rr:aJc JS :;ubjeu to the Rc~isL1·at1on of Titles Act- (a) the property vests rn the Crown in equity but not at L.i, until the o.pplicabk registration requirements h,11,112 bi:cn complied 1,,1th, ( ~ 1 Lth.: CrO\rn i'i '.'.ntilled to be registered as o,vner l1f the prupcrt>. (, 1 the Com1nic;:;1onn of LanJ /a.luat10n has po-v.0e1 on b,:half of tliL· Crew, n to do, or to authonze the Joing ot any1hrnb 111.:cl's:,ary or urn venient to 11btain the regic;trc1t1(1n ut the: Crown ~1:; o,vner, including the execution or Jny in:,trumi:nt n:quired tu be executed by a pcrsun tran~;ferring an interest in lhc1t kind of pr0rcr['.) ( 4) Wiler..: the Court 111c1kc:,; 3 forfeiture c1rJer against pr(1perty~ 1 o l the r1 operty shall nol, except with the kave of tht'. Court and in 3L:corJ:rncc with any directions of the Court. be disposc:J uf or otherwise dealt with, by or on belnlf of the Crown, before- ( 1) the dak on '.vhich the period allowed for nuking ::.in application unJer section 5 ( 14) r,;:ipp!ic:1tiun in respect of third party intc-n.:sts) expires without an application h::iving been lodged; (ii) the relevant o.ppe.al date; or (iii) 111 the case uf ,rn dbsconding defendant, the rck, ant pe:·ioJ within lhe me-aning of ~cctJon 28 (variution of order where dekndant ceases to be an absconder),

PROCEEDS OF CRIME whichever is the later; (b) if, after the relevant ,1rpi:al date, or rdevant period, a~ the case may tequire, the order has not be.en discharged, the propeny may be disposed of and the proc<"c..is applied or otherwise dealt with in 8.ccordance with the directions of the Attorney￾General. (5) Without prejudice to the generality of subsection (4)(b), the directions that may be given pursuant thereto include a direction that property is to be disposed of in accordance with the provisions of any enactment specified in the direction. (6) Where the Court orders that properly, other than money, be forfeited to the Crown the Court shall specify in the order the amount representing the value of the property pursuant to the valuation carried out under section 5(9). (7) In this section, "relevant appeal date·· means- (a) the date on which the period allowed by rules of court for the lodging of an appeal against- (i) a person's conviction; (ii) the making of a forfeiture order; or (iii) an order under section 5 (13) (orders m respect of third party interests). whichever is the later, expires without an appeal having been lodged; or (b) where an appeal is loag~d against- (i) a person's conviction; (ii) the making of a forfeiture order; or (iii) an order under section 5 ( 13) (orders m respect of third party interests), the date on which the appeal lapses in accordance with the rules of court or is finally determined, whichever is the later. 10.-(l) The Court may￾I Th, indH>ion or !hi, p•e• i, • "'IIO rized by I..:. 1 I 1201Q I 15 Voidable trnn~krs

26 Valur: of prupcn~ ror tile purrio~c, o! a pccu￾n 1~ry penJlty urder l'ROCEEDS' OF C/UME (a) before making a forfeiture order; anu (b) in the case of property in respect of which a restraint order was made, where :i copy of the order was served in acl.:urdance 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 restraint order, un!es~ the ~onveyance or transfer was made for valuablr::: consideration to a person acting in good faith and without notice. 11.-{l) The provtswns of this section shall apply with respect lo determining the value of property for the pur?oses of a pecuniary penalty order. (2) Valuations under this section shall be determined pursuant to a valuation carried out under section 5(9). (3) Suhject to subsection (4), for the purpose of deciding the value at any time of properly then he!d by a person- (a) the valut: of the property is the market value of the property flt !hat time; or (h) if at th.1t timi.! another party holds an interest in the property, the value of the property in relation to the person is the market value of the person's interest at that time, ignoring any lien or encumbrance- on the property. (4) The provisions of suhst:ctions (5) to (7) shall apply for the purpose of <.lcciuing tht: value of property obtained by a pt:rson as a result of or in connection with the person's criminal conduct, and the material time is the time when the Court makes its decision. (5) The value of the prnpr:rty at the material time is the great~r of the following- (a) the value of the propeny. at the time when the person obtained it, adjusted to take account of later changes in the value or money: or

PROCEEDS OF CRIME (b) the value, at the material time, of the property found under subsection (6). (6) The property found under this subsection is as follows- (a) if the person holds the property obtained, thdt property; (b) if the person holds no part of the property obtained, any other property in the person's possession which directly or indirectly represents the property obtained; (c) if the person holds part of the property obtained, any other property in the person's possession which directly or indirectly represents the other part of the property obtained. (7) The references in subsection (5)(a) and (b) to the value are to the value determined in accordance with subsection (3). 12.---{l) Subject to the provisions of this section, the amount ordered to be paid under a pecuniary penalty order or an order under section 5(5) shall be paid forthwith upon the making of the order. (2) If the defendant satisfies the Court making the order that the defendant needs additional time to pay the amount ordered to be paid, the Court may specify, in the order, the period within which payment shall be made. (3) The period specified under subsection (2)- (a) shall start from the date on which the order is made; and (b) shall not exceed six months from that date. (4) The Court may, upon the application of the defendant, extend the period referred to in subsection (3) for such longer period as the Court considers fit, not exceeding twelve months from the date on which the order is made. (5) The Court shall not grant additional time under sub￾section (2), or an extension under subsection ( 4 ), unless the [The inclusion or this page is authorized by L.N. 11/2010 [ Time for payment. 27

. i:!LCCSI on , .. 1r.a.J ,u,m Effocr of order un Court·, 01!1er powers PROCEEDS OF CRJJ!L Court g1 ve;:; the enforcing :i.uthori ty an op port uni l y to make represcnt:Jti ons. (6J i\ person who foils lll p:1:, any amoum rcquircJ to be pct id b) thu t persl'11 ,mder a pt:<:: uniary penal t 1 orJcr or an 0rder under section ~{ S j, within tht' :.ime allowed under this section for such payment, commits an offence and is liable upon conviction before a Resident Magistrate \l) imprisonment for a term not exceeding five years . 13.-(1 ) Where- the amount required to be paid by a pers0n under a pecuniary penalty order or an order under section 5 ( 5) i:. not paid within the tim1:: n:quired under section I 2- - (a) that person i:. liable to pay interest on the amount in accordance with the provisions of this section; and (b) such interest shall be n:coverable as if it were part of the amount required to be paid under the order. (2) Interest payable under this section shall be- ( a) For the period for which th~ amount remalns unpJ.iJ after it is required to be paid under section 12; and ( b) at the rate for the time being app I icablc in relation to judgment debts under section 51 of the JudiccJ.turc (Supreme Cuurt) Act. (3) For the purposes of this section, no amount shall be construed as required to be paid under section 12 if- (a) an application has been made under section 12( 4); ( h} th~ application has not been determined by the Com1; and (c) the period of twelve months from the date on which the pecuniary penally order or an order under section 5 ( 5 ), as the case may be, is made has not ended. 14.-( 1 ) Subject to subsection (2), the: Court shall not take any forfeiture order or pecuniary penalty order into account in dl!cidmg the appropriate Sl!ntence for a defendant. ITh-t- inelu1ion or thi!o p~i,c, 1 .. ~urhonzed by L.:°li. l l/lUHJ !

PROCEEDS OF C/UME (2) ln respect of the offence concern1.::J, lhe Court shall lElke account of the forfeiture order or pecuniary penalty order. as the case may be, before-- (a) imposing a fine on the defendant; or (h) making an order falling within subsection (J). (3) The orders falling within this subsci..:tion are-- (a) an order involving payment by the defendant. other than an order for restitution or the payment of compensation unJer any other l,nv; (b) a forfeitun~ orJ(:r under the Dangerous Drugs Act: (c) any other ordi:r prescribC"d by the :Vlinister by orJcr subj cct to :J.ffirmati ve rcsol ution. ( 4) The Court shall act in accord c1nce \Vi th subsection (5) if the Court- (a) makes both a forfeiture order or pecuniary penalty order and an order for restitution or the payment of compensation under any other law, against the same person in the same µruceedings.; and (b) believes. that that person does. not have sufficient means. to satisfy hath the orders in fu!L (5) The Court shall- (a) determine the amount which the Court beheves will not be recoverable under the compensation ordtr because of the insufficiency of the person's means; and (b) direct that such amo1..nt is to be paid out of any sums recovered under the forfeiture order or pecuniary ptmalty order, as the case may be. 15.-{ 1) The Court may- ( a) proceed under sectrnn 5 before sentencing defendant for the offence concerned; or the (b) postpone proceedings under section 5 for a specified 11 ht inehnuun Dr llfrli pace i~ autha rind by Lr. l l/lUl i; l Postpone￾ment.

30 PROCEEDS OF CRJA1E period (hereinafter referred to as the postponement penod). (2) The Court may extend the postponement period. Provided that the postponement period, including any such extension, sha!! not, save in exceptional circumstances, exceed~ (a) two years from the date of the defendant's conviction for the offence concerned; or (b) where the defendant appeals against the conviction, three months from the date on which that appeal is fi nail y determined. (J) For the purposes of subsection (2), iftherc arc two or morL~ offences and the convictions for those offences are on different dates, the date of com,iction is the date of the latest conviction. ( 4) A postponement or extension under this section may be madc--- (a) on the application of the defendant; (b) on the application of the enforcing authority; or (c) by the Court of its own motion· Provided that an application for an extension shall be made before the end of the postponement period. (5) A forfeiture order or pecuniary penalty order shall not be invalidated only on the ground that there was a defect or omission in the procedure relating Lo the application for or the granting of a postponement: Provided that this subsection shall not apply if, before it made the order, the Court- (a) imposed a fine; (b) made an order falling within section 14(3); or (c) made an order for restitution or compensation under

PROCEEDS OF CRIME any other law, against the defendant. 16.-( l) Whe-r~ the- Court postpones proi.:ccd ings unuer section 5, the Court may proceed to sentence the ddc:1dant for the offence concerned: Provided that the Court shall not. during the postponement period- (a) impose a fine~ (b) make an order falling within section l 4(3 ); or {c) make an order for restitution 0r compensation under any other law, against the defendant. (2) The Court may, at any time within twenty-eight days after the end of the postponemt!nt period, vary the sentence passed under subsection ( ! ) by imposing a fine or making an order referred to in suhs~ction (l)(b) or (c) against the defendant. (3) For the purposes of any appeal against sentence, a sentence that is varied under subsection (2) shall be deemed to have been Lmposed on the day on which it is so varied. 17.----{1) If the Court is proceeding under section 5- (a) rn response to nn application by the enforcing authority; or (b) in pursuance of section 20, 21 or 22, the enforcing authority shall give tbe Court a statc:ment of information within tht: pt:riud spet:ificd by the Cuurt. (2) Wben: the enforcing authority alleges that- (a) the defendant has a criminal lifestyle, the statement of information required under this section shall state the matters which the enforcing authority believc,s are relevant as to-- (i) whether the defendant has a criminal li.fostyle; iTho indu,i"n of Chi, pago II ou lho<iz«l by L.S. l LflOIU I 31 Effect of pos1pone￾mcnl Staterntnt of 111 ronn~t1un

32 PROCEEDS OF C!UA!E Detrndanl 's re,pon,c lo ,taten1,nt of information (ii) whether the dcfcndam has benefined from his criminal conduct; ( iii) identifying th__. du-endant' s benefit from his criminal C·J,iducc (iv'i 1h~ making by the Court of a required assumption under section 8; and (') the making by the Court uf a decision that such an assumption should not be made having regard to the c!fcumstances; (b) the defendant does not have a criminal lit~style but has benefitted from part:cular cnminal conduct, the state￾ment of information required under this section shall state the matters \.'hich the enforcing authority believes are relevant as to- (i) whether the defendant has benefited from that panicular criminal conduct; and (ii) identifying the defendant's benefit from the conduct. (3) Where the enforcing authority gives the Court a statement of information, the enforcing authority- (a) may at any time give the C.oun a further statement of information; and (b) if the Court so orders, shall give the Court a further statement of information within such time as may be specified by the Court. ( 4) A copy of the statement of information shall be served on the defendant and any person who the enforcing authority has reason to believe has an interest in property which is the subject of proceedings for a forfeiture order. 18.~( l) Where a statement of information is given to the Court under section I 7, the Court may order the defendant, within a period specified by the Court~ (a) to indicate the extent to which the defendant accepts

PROCEEDS OF CJUME each allegation in the statement of information; and ( b) so far as the defendant does not accept such an allegation, to give particulars of any matters on which he proposes to rely. (2) If the defendant indicates to the Court that he accepts, to any extent, an allegation in a statement of information, the Court may treat the acceptance as conclusive of the matters to which it relates for the purpose of deciding the issues referred to in section l 7(2)(a) or (b), as the case may be. (3) If a defendant fails in any respect to comply with an order made under subsection (I), the defendant may be treated, for the purposes of subsection (2), as accepting every allegation in the statement of information except any allegation- ( a) in respect of which he has complied with the order; and (b) that the defendant has benefitted from his general or particular criminal conduct. ( 4) No acceptance under this section of an allegation referred to in subsection (3)(b) is admissible in evidence in proceedings for an offence. (5) For the purposes of this section an allegation may be accepted, or particulars may be given, in a manner ordered by the Court. 19.-(1) Where the enforcing authority accepts to any extent an allegation made by the defendant- (a) in responding to a statement · information pursuant to an order under section 18; or (b) in any other statement given to the Court in relation to any matter relevant to identifying the defendant's benefit from his criminal conduct, the Court may treat the acceptance as conclusive of the matters to which it relates. (2) For the purposes of this section, an allegation may be !The inclusion of this ptge i~ 1uthoriud by L.N. 11/lOIO I 33 Acceptance of nl!egii￾tions by enforcing authority.

34 flc cnn￾s1cJcral1on of case ,l/hc1c no ord~r w;is made, PROCEEDS OF CRIME accepted in il manner ordered by the Court. (3) No allegation referred to in this section, which amounts lo an udmis::-ion by the defenuant that he has beneflltcd from criminal conduct, 1s admissible in evidence in proceedings for an off cnce. 20. -(1) Subject to the provisions of lhis section, the Court shall act in accordance with section 5(2) (determination whether to make a forfeiture order or pecuniary penalty order) if - (a) ,my of the conditions reterred to in section 5(2)(a) or (h) arc satisfied but nCJ Court hil!'i proceeded under that section; (b) there is evidence whi<:l1 was not avoilablc to the enforcing authority on the relevant dale; (c) before the end of the period of ten )'l!ars starting with the date of conviction, the enforcing authority applies to the Court to runsidcr that evidence; and (d) after considering tht: evidence the Court is satisfied that it is approrriate to proceed under section S. (2) [f the Court has already sentenced the defendanl for the offence concerned, section 5 has effect as if the defe1Jdant's parttcular criminal conduct included conduct !hat constitutes an offence which the Court has taken into consideration in deciding the defendant's sentence for the offence concerned . (3) In::,tead of arplying the provisions of section 5(8), the Court shall take account of the following for the purpose of detcnnining the defend<1nt 's benefit- (a) conduct occurring before the relevant date; (b) property obtained before that date; (c) rroperty obtained on or after that date, if the property wns obtained c.1s a result of or in connection with, conduct occurring before that date. (4) For the purposes of section 8- (a) the assumptions referred to in section 8(2)(a) and (b) ll'h• io<i••ion of thi, p•~• ;, nuilon,iu,j by L.S. 11norn I

PROCEEDS OF CRIME shall not apply to property first held by the defendant on or after the relevant date; (b) the assumption referred to in section 8(2) (c) shall not apply to expenditure incurred by the defendant on or after the relevant date; and (c) the assumption referred to in section 8(2) (d) shall not apply to property obtained, or assumed to have been obtained, by the defendant on or after the relevant date. (5) The recoverable amount for the purposes of a pecuniary penalty order is such amount as- (a) the Court thinks just; and (b) does not exceed the amount found under section 5(3) (b). (6) In arriving at the just amount under subsection (5), the Court shall have regard in particular to- ( a) the amount found under section 5(3)(b)~ (b) any fine imposed on the defendant in respect of the offence concerned; (c) any order which- (i) falls within section 14(3); (ii) has been made against the defendant in respect of the offence concerned; and (iii) has not already been taken into account by the Court in deciding what is the free property held by the defendant for the purposes of section 5(3)(b); (d) any order for restitution or the payment of com￾pensation, made against the defendant in respect of the offence concerned under any other law. (7) Section 14(4) and (5) shall not apply if an order for restitution or the payment of compensation has been made [The incln,ion of 1hiA p•g• i, authorized by L.N. 11no10 I 35

36 R~i:on- ~• lk ral\On or· hc1 ,d"ll "lier~ 1h,vrda ,,·.is mnJc P!?OCEEDS OF CRJJJE against the defrndant under any other law. m respect of the offence -:oncl!rned. {8) For the purposes of this section- (o) the relevant date is- (i) if lhe Court made a decision not to proceed under $ection 5, the date of that decision; or (ii) if the Court did not make such a decision, the Jate of conviction; {b) the date of conviction is- (i) the Jme on which the defendant was con￾victed uf the offence concerned; or (ii) if there are two or morr such offences and the convictions wne on different dates, the d .. 11e of the latest conviction. 21.-{ l) This section applies where- ('1) in proc~eding under sec1ion 5 the Court decides that- (i) the de!'cndant has a criminal lifestyle bur has not bcnditted from his general crimln~tl conduct~ or (ii) thr defendant does not have a criminal life￾style ,rnd has not benetitted from his pai1icular criminal conduct~ (b) there is cvidencL' that was not av.1ilflble to tht: enforcing ::rnthurity when the Court decided that the def end ant had noL bcnefitted from the criminal conduct; (c) before the end of the period of ten y~ars starting with the date of conviction, the enforcing authority appli~s to th~ Coun to consider the evidence; and (J) after considering the evidence the Court concludes that it would have decided that the ddendant had benefitted from the criminal conduct if the evidence had been available to it. (2) If this section applies, the Comt￾If),~ in<luoiun of ll•i• p~~• i• •••loud,..i by I .. N. I lllOlll I

PROCEEDS OF CRIME (a) shall, subject to the provisions of this section, make a fresh decision under section 5 as to whether the defendant has benefitted from his general or particular criminal conduct; and (b) may make a forfeiture order or a pecuniary penalty order under that section. (3) If the Court has already sentenced the defendant for the offence concerned, section 5 has effect as if the defendant's particular criminal conduct included conduct that constitut.::s offences which the Court has taken into consideration in deciding the defendant's sentence for the offence concerned. ( 4) In deciding whether the <lefencbnt has benefitted from conduct and identifying such benefit, the Com1 shall take account of- (a) conduct occurring before the date of the original decision that the defendant had not benefitted from the defendant's general or particular criminal conduct; (b) property obtained before that date; and (c) property obtained on or after that date if it was obtained as a result of or in connection with the conduct occurring before that date. (5) For the purposes of applying the provisions of section 8, the assumptions referred to in- (a) section 8(2) (a) or (b), shall not apply to property first held by the defendant on or after the date of the original decision that the defendant had not benefitted from his general or particular criminal conduct; (b) section 8(2) (c), shall not apply to expenditure incurred by the defendant on or after that date; and (c) section 8(2) (d), shall not apply to property obtained, or assumed to have been obtained, by the defendant on or after that date. (6) The recoverable amount for the purposes of a pecu- !The inclusion of this page is authorized by L.N. 11/2010 I 37

38 Recon￾sideration of benefit after order is made. PROCEEDS OF CRIME niary penalty order is such amount as- (a) the Court thinks just; and (b) does not exceed the amount found under section 5(3)(b). (7) In arriving at a just amount for the purposes of subsection (6), the Court shall have regard in particular to- (a) the matters specified in section 20(6)(a) to (c); and (b) any order for the payment of compensation made against the defendant, in respect of the offence concerned, under any other law. (8) Section 14(4) and (5) shall not apply where an order for the payment of compensation under any other law has been made against the defendant in respect of the offence concerned. (9) The date of conviction is the date found by applying section 20(8) (b). 22.-{1) The Court shall act under this section if- (a) a Court has made a forfeiture order or a pecuniary penalty order; (b) there is evidence which was not available to the enforcing authority at the relevant time; (c) the enforcing authority believes that if the Court were to identify the defendant's benefit in pursuance of this section- (i) in the case of a forfeiture order, it would identify property not taken into account by the Court that made the forfeiture order; or (ii) in the case of a pecuniary penalty order, the amount of the defendant's benefit would exceed the relevant amount found by the Court that made the pecuniary penalty order; (d) before the end of the period of ten years stc;U1ing with the date of conviction, the enforcing authority applies to the Court to consider the evidence; and (The inclusion of this page is aulhorized by L.N. 1112010 I

PROCEEDS OF rru.\l/: (e) clft?r considering the evidence the Court believes it is appropriate to proceed under 11;;:) s~ction. (2) The Court shall, .sul--j.:ct to lhe provisions of this section, make a fresh id~P'.;i!cation of the defendant' J benefit from the conduct conr~rned. (3) If a coul1. has already sentenced the de fendant for the offence conci..;med, sectton 5 has effed as if the defendant's po.11.icular ...::riminal conduct included conduct that constitutes offences which !he court has taken into consideration in deciding hi::; sentence for the offence concerned. (4) In identifying the defendant's benefit from criminal conduct, the Coun shall tak~ account of- (a) conduct occun·ing up to the time the Court decided the defendant's benefit for the purposes of the forCciturc order or pecuniary p~nal!y order; (b) propel1.y obtained up to !hat time; and (c) property ubtained atter thal time if such property w,h obtained as a result of or in connection with conduct occurring before that time. (S) For the purposes of applying the provisions of section 8, the assumption~ rderred to in- (a) section 8(2) (a) or (b), shall not ::1pply to prope11.y first held by the defendant alter the time the Coun decided the amount of his benefit for the purposes of the forfoiture order or pecuniary penalty order; (b) section 8(2) (c), shall not apply to ~xpcnditure incurred by the defendant after that time; (c) section &(2) (d), shall not apply to propeny obtained, or assumed to have been obtained, by the Jefcndant after that time. (6) In the case of a forfeiture order, if any property identified pursuant to subsection (2) (fresh identification of the defendi.lnt's benefit) was not included in the forfeiture order, the tTh, indu'.\llm fJI 1htt paec- U autl,orr,cd h~ T~.~· . I UlOLO- I 39

40 PROCEEDS OF CR/,:/£ Court may vary the order to include that prope11y. (7) [n the- c:.ise of a pecuniary penalty order, if the ..imount found pursuant to subsection (2) rexL:eeds tbe rekvant amount (a) tht: Cour1 sh::ill make a fresh calculation or the rccovernble am\1t111t fnr the.: purposes of section 5(3)(6); and (h) if the trcsh cnkulation of the recoverable umount exceeds the amount required 10 he paid under the pecuniary penalty order, the Court may vary the order by substituting for the amount r~quired to be paid, such amount as the Courr thinks just. (8) In applying subsection (6) or (7), 1h~ Court shall have l'C~i:1rd m particular to - (a) any fine imposed on the defendant for the offence concerned ; (h) any order which- (i) falls within scc!ion 14(3)~ (ii) has been made against the defendant in respect of the offence concerned; and (iii) has nClt already been taken into a.(count by the Com1 in deciding what is tht: fr~e property held by the dcfc"ndant for the purpus1.:s of section 5(3); and (c) any order for restitution or the puyment of compen￾sation made agaim,t the defendant, in respect of the offence concerned, under any other law: Provided that this paragraph sh:1Jl rn.lt apply if the Court has made a direction under section 14(5) (sums payable under compensation order recoverable out of st1ms payable wider forfeiture ord~r or pecuniary penalty order). (9) [11 this section and section 24, for the purpose of deciding whether one amount e-,ccecds another, the Court shall take account of any change in the value of money. J'l"~t 1nrl••••n of thi, pogc i, 1ulh,m,«4 h l.'i. 11110 lO I

PIWCE!i.DS OF C!U.HE. (IO) In this section- (a) the relevant time is- (i) the time of the Court'li identification of rhe uercndant's benefit for the purposes of the forfoiture order or pecuniary penalty order, as the case. may be, i r this ~eGtion has not applied previously; or (ii) the time of the Court's last identification of the defendant's bcndit in pursuance of this sect[on, if this section has applii:J previously; (h) the relevant amount is-- (i) the :.imount found as the defo11dant 's benefit for the purposes of the pecuniary penally order, if this S..'clion has not been applicu previously; or (ii) the amount last found as rhe defendant's hencfit in pursuance of this section. if this section has b1.:en applied previously; (c) the date of conviction is the date found by applying section 20(8)(b). 23.---{ I) The Court shall act in accordance with this section if- (a) a Court has made a pecuniary penalty order; and (b) the uefcndant or a receiver appointed under section 4 I applies lo the Court under this section to vary thi.: order. (2) The Court shall calculate the available amount, being the aggregate or the total values (at the time the pecuniary penalty order is made) of all the free property then held by the defendant plus !he total values (at that time) of all tainted gifts. (3) [f the Court finds that the available amount cal￾ffhr indu<ton al lhi, P•I.'• i• auchor~L-d L,y 1 •. 1'1. llf.!QIO I ~ I Varrnt1(1u of oro.Jcr Llf1Llll IMdCqtl.lC} <1f a~ailablc a111oun1

i{ccon51dc￾rat 1f)n of ev01 lab l~ arno,l>C ~ftcr order 1s iiml, PROCF.EDS OF CJU.HE culated ptlrsuant to subsection (2) is inadequate for the p3y￾ment of any amount remaining 10 be paid under the pecuniary penalty order, the Coun may vary the order by substituting for the amount required to be paid, such smaller amount as the Court thinks just. (4) If a person has been adjudged bankrupt or his estate has bt:l:n sequestrated, or if an order for lhe winding up of i.i company has been made, the Coun shall Lake into account the extent to which realizable propeny held by that person or that company may be distributed among creditors. (5) The Court may disregard any inadequacy that it believes is attributahle, 1n whole or in part, to anything done by the dctcndm,t for the purpose of preserving property held by the reciptent of a tainted gif1 from any risk of realization under ~his AcL 24.-{l) The Coun shall act under this st:ction if- (a) a court has made a pecuniary penalty order; {b) the amount required to be paid under such order was the amount found und~r section 5(3) (b ); (c) the order has been varied pursuant to section 23; and (cf) an application for a fresh calculation of the available amount is made to the court by- (i) the agency; (ii) the Director uf Publi~ Prosecutions; or (iii) a receiver appointed under section 41. (2) The Court shall make a fresh calculation of the available amount. (3) If the amount found under the fresh calculation exceeds the relevant amount, [he Court may vary the order by substituting for the amount required to be paid, such amount as- (a) the Court thinks just and (h) does not exceed the amount found as th~ defendant's !Th 1n<lu,i11f' of 1111• P•~• iJ •uthori. .. d b! L -~- 11 /ll)J II I

/ll~Ul'EEDS OF CR!.!£ bcnc fit from the conduct concerned. (4 J In dcl i Jing .Vhat i:-. just the C llUrl shall ha"e rcg:ird in rarticul.:ir lo- (a) ;my line impuscci on th-: dckndant t_lf the offrncc C(l!lCCrned: (h) any order whicb￾l i l Ld Is with in ~c..: tion 14(3 J. lii) has hecn made- agJimt the: ddend;,.1nt m respect uf the offr:nc~ 1.:oncemed; and {iii) has llOt already lJt:t.:n ta.ken into account by the Coun in dccidi ng \ hnt 1s the frL'l' prnp~rty hl'ld b) the deknd::mt for the purposes of Sl'ctior. i 1; and (c) any orJl'r for restitution or the payment of cnrnpcnsation made against th~ defendant. in respect or the o rfence con<.:.:rned, under any other law: Provided that this paragraph shall not upply if thi.: Court has made a Jirection unde:r st."ction 14(5) (sums p;.iyable under compensation order r-:coverabll' out of sums payabk under forfoi ture order or pcclmiary penalty order). ( 5) In this section (a) "th1: available amount" means the amount c~lculateJ pursuant to section 23(2): ( b) tht." relevant amount is- ( i) the amount found as the avaibble amount for the purposes or section 23, if this section has not applied previously; ur (ii) the amount last found as the available amuunt in pursuance o[ this section, if this section has applied previously, (c) the amount found as the defendant's benefit from conduct concerned is- (i) the amount so found when the pccumary

.) \ I ) 1 ·, i.; I :, : ~: ~· i • t. 1:1i,:a vvi~J, :;nhdl dfnl ~1\lb\·11•1l111~. ~ ... ·l;ik1nt;'. ul· 11r1..k·r 1.1,.rh~ri..: d~ ~t·niltint .abSCLlJ1...:.s ~11~r .:o,n u11Hitl or C:Ul1'id1Llll penalty urJcr was madl'; ur (ii) it' one or mon: fresh cakulutiuns or the dckndunt's bcnelit hav-: been made umlcr seclwn 22, the amou11t found on the occasion ul' th-: last such c.tlculntiun. 25. -( 1 l The Court may uischc1rgt a pecuniary pt:nalty orJcr il"- (u) the enforcing c.1utliori1y applies to the Court for thl' Jischarl',l' ot th- urucr; :.me! (h} the amount remaining to he p:-1iJ undn tho..:: order 1s firty tl10usr1nd dul l:.irs ur less. (2) The iv1inisll'.r ma_:, by urdcr subJcc! Lu alTirmati\c resulut10n vary the J!l!ounl specified in suhscctiun (I )(b). 26.-(l) Tht: Court shall Jct under [hi:~ :-section if the t"olluwing conditions an; rnet - (a) the J~fe.nd:.i.nt absconds- (i) after being c11nvicti:d of an nffcncc in procecuings before a court: or (ii) after heing committed to the Cuurt pursuant to Sl'ction 52 (comm1tta[ from Rl:sident ~vfngistrnte' s Court with a '-"'i,.!w to making a forreitun..'. Or(kr or pecuniary penalty order); ~ind (h) the enforcing aullrnrity u.pplic:s tu the Court lo proceed under this scction and the Court i~ satisfied that it is appropriate to Jo so (2) The Court shall procl'.ed under section 5 ns if the conditions mentioned in subscctiun (2) uf that section have been satisfieu, and suhject tn the follmving modifications- (a) any pcrson \Vho lhe Court helicvcs 1s likely to be atfecteu by an order under section ) shall be entitled to appear before the Court and make rcpres~ntations; (b) the Cuurt shall not m:1ke an orucr under section 5

Pf?OCEEDS OF CRJME unkss th<: enforcing authority has taken reasonable steps to contact the defendant; and (c) sections 8 (assumption5 for determining benefit), 17(2) (a) (iv) and (vJ {statement of informalion ), 18 (ckfendant'-:; Iesponse lo statement) and 19 (acceptar.-:e of allegations) shall not apply. 27.-( l) The Court shall act in accordance with this section whcre- (a) proceedings for an offence are stan.ed against a defendant, the defendant absconds before a verdict or judgment is entered, the trial continues amJ the defendant is convicted; and (b) the enforcing authority applies to the Court to proceed under this section and the Court thinks it is appropriate to do so. (2) The Court shall proceed under section 5 in the s.ime way as the Court must proceed if the conditions mentioned in that section art satisfied. subject to the following modiftcations- {a) the modifications specified in section 26(2)(a) and (b); and (b) sections 8, 17(2) (a) (iv) and (v) and 18 to 21 shall not apply. 28.-(1) The Court shall act in accordance with this section if.- (a) the Court makes ::in order under section 5 as applied by section 27; (b) the defendant ceases to be an absconder; (c) in the case of- (i) a forfeiture order, the defendant believes that property was wrongly included in the order; or (ii) in the case of a pecuntary penalty order, the 45 MJkmgol urder ,,h:.:re uetcnua:11 i!bsCOI\U, befDre veruict Vonat,on ,;if other made pu~ua111 to section ;n

Ir , t /, ( ll / F/JS ( 1f, l JU.\JL dcfc:nJ:Lnl h..:licvc,; thal tl1c amrnm! rcquircJ ti i he pdiJ under Ilic order is loo brgc in lh,~ urcurnstJnL·c~ prcvailm~ al the time the a!l1(1Ulll \Va~; J\JI IJ1d fur [Jtc flUl'pUSc.<,: tir lbc UJ'(.k!; :.1nd (d) hefurl' the cnJ ,ii' the rckv:rnt pcriud, tht.· Jd~nJ:..1111 applic~ lll thl' Cuurt tu consider th,~ c\·1Jcnt.·c un \vhich the di.::fc1 iJ:.rnt ':,; bi:lic ! is biiseJ (2) !f, after c,insiJcring thl'. evidence, tlw Court 11rnls tl1:..11 thl' dcfendant 'she lief is wcll-founJcd, the Court (a) in the case of :1 forl.:iture urJcr - (i) ~h,tll 1Jt.:nli!'y thl..': properly that llught not to h ... · incluJcJ 1n the orJer; ur (ii) may vary the orJcr hy excluding the property anJ order thc prupl'rty to be returned to tlh.'. dc:kncJant or such uthcr pcrson .JS the (\iurl determines to be the true owner of the rrnpert y, ur (/J) 1t1 the case or::i. pecuniary penalty orJcr- (i) sh:dl find the Jmuunt which should h3vc be.en thi: amount re.quired to he paiJ in the circumstances prevailmg at the time when the amuunt was found for the puqX}SCS of thi.: urJer: and (ii) may vary the urder by substituting for the arnount required to be paid, such other amount us the Court thinks is just. (3) for the purposes o!'this section, the relevant period is the period of twcnty-i.:ight days, starting frnm- (a) the date on v.hich the defendant wo.s convicted of the offence mentioned in section 27( l) (u); or (b) if there are twu or more offences anJ the convictions for those offences are on different dates, the date of

PROCEEDS OF CRJ.\fE the latest conviction. (4) In any case where :;ectian 27(1) (a) applies to mor~ than one offence, the Court shall not m:ake an order under this secliun unless the Court is sattsfied that there is no possibility of uny further proceedings being taken or continued in relation to any such offence for which the defendant has not been convicted. (5) An order under subsection (2) (a) m,1y include such directions as the Court thin.ks fit for securing th~ relllrn of the property to its true o,vncr. 29.-{ l} Where the Court makes a forfeiture order or a pecw1iary penalty order, the enforcing authority or any pe-rson who holds property affected by th~ order may appeal lo the Court of Appeal in respect of the order. (2) Where the Court decides not to make a forfeiture order or a pecuniary penalty order, the enforcing authority may appeal to the Court of Appeal against the decision. (3) Subsections (1) and (2) $hall not apply to an order or d~cision made under section :w (rcctms1J('ration of cast: -'here nlJ order was made), 21 (rtcunsidcration of benefit where no order was made), 26 (order where defendant absconJs after committal or con\·iction) or 27 (order where defendant absconds before verdict). 47 .\rrc"I" aga111s• forfr,!ur,· <'Hfrr< ~nJ p1:CUl11JIY pi:m\lly ,,rJcrs 30.-(l) On an appeal under s~cuon 29( 1 ), the Court of Coun 's p•:rwc::r~ on Appeal may confirm, quash or v:iry the forfeiture order or aµp~.11 pecuniary penalty order, as the .'.Use may be. (2) On an appeal under section 29(2), the CC'· ·-t of Appeal may confirm the decision, or if it believes C1,c1t the decision was wrong it may direct the Coun to proceed afresh under section 5. (3) In determining .any appeal under section 29, the Coun of Appeal may make such award as to costs as it trunks fit. (4) ln proceeding afresh in pursuance of this section, the. Coun shall comply with any directions issued by the Coun of Appeal. [The inclu,,o~ of 1~11 p~s• i, •u1h,1ri,.~d hy L.S. l l/1010 I

48 PROCEEDS OF CNI.'v!E (5) If a Court makes or varies a forfeiture order or a pecuniary penalty order under this section or in pursuance of a direction under this section, the Court shall have regard to---- (a) any fine imposed on the defendant in re~pect of the offenc1;: concerned; (b) any order that- ( i) Falls within section 14 (3); anti (ii) has been made against the defendant in r~spect of the offence concerned, unless the order h.ts been taken into t1cc;ount by a court in decidrng what is the free property held by the defendant for the purposes of section 5. (6) Subsections (7) to ( 11) ~hall apply where d court proceeds afresh under section 5 in pur:suance of a direction under subsection (2). (7) If a court has already sentenced the defendant for the offence concerned, section 5 has effect as if the defendant':. particular criminal conduct included conduct that constitutes offences which the Court has taken into consideration in deciding his sentence for the offence concerned. (8) Jf an order has been made against the defendant for restitution or the puyment of compensation under any other Jaw in respect of the offence concerned- (a) the Court shall have regard to that order; and (b) section 14(4) and (5) shall not apply. (9) In determining the defendant's benefit from conduct, the Court shall take accoW1t of- (a) conduct occurring before the relevant date; (b) property obtained before that date; and (c) property obtained on or after that date, if such property was obtained as a result of or in connection with conduct occurring before that date. 11 h• mdu,,vn of 1hi, p•g• ix .,.,hurirt<I bJ L .:'t, I lflOIO I

PROCEEDS OF L'IUME ( I 0) For the purpo:ses of this section, the relevant date ts the d:itc on which 1hc Court dc..:ided not to m..1ke a forfcitm~ order or pecuniary pl!nalty order. :1s the c:;-isi: may be. ( I I) In applying section 8, the :issumptions rcforrcJ tu in- (a) section 8(2) (a) or (b), shall not appl,, to property first hdd by tht> defendant on or after the relevant date; (b) section 8(2) (c), shall not apply to exp~ndi1urc in￾curred by (lie defendant a!ier the relevant date; and (c) .section 8(2) (d). sn.1!1 nu! apply to property obtained by the defendant on or :-irta the rclevan, <late. J.1.-( I) Any term of imprisonment or detention 1h:.i1 .1 Jcfrndanl is liable Lo scr,·c for <lefouft in payment oC an amount ordered 10 b,: paid under a pecuniary penalty order shJ!I nut be served concurrently with any term of imprisonment nr cJcLcntion that the defendant is liable to .serve in respect uf the olTcnce . (2) for the purpo5es of subsection (I}- (a) consecutive t~rms and terms lhal arc wholly or pnrtly <.:oncurrent, in respet.:1 of the offence sh.ill hi.; 1reateu as a single term: .md (b) a court shall not lilkc into accnunt any suspended sentence under section 6 of the Cdmi1rnl Justice (Reform) Act, whi-:h has not t,tkL:n effect at the time the defendant is sentenced to imprisonment for default in payment of the amount ordered to be raid under che pecuni.:iry penalty order. ( J) The fact that c1 defendant serves a term of imprison￾ment or detention in dctault of paying any Jmount <luc under a pecuniary order shall nol prevent that order from continuing tQ have effect in relation to any other method lJf cnfurcc:ment PART 111. Restrainr Orders ..\9 Prov111[u1, re ,mpnsort 11 t 11I ci n dc, ... ·,11,l,11 J2.-( l} The Coun may make a ri;::straint order if any of the C.:i11 ~1!,o11 s • . . • . for 111111..111~ toll owing cond1t1ons ;ire satisfied- ,c,11~1111 urdcr fTiie ;r.,;l11~1or1 of1l11s poge 11 ~111hor1zed by I. N

50 PROCEEDS OF CR!.\tfE (a) there is reasonable ~ause to believe that an alleged offender has benefitt1.:J from his criminal conduct and- (i) a crimin::il investigation has been started in Jamaica with regard to the offence; (ii) proceedings for the offence have been commenced in Jamaica and have not been concluded: or (iii) the enforcing authority has made .!!, appli￾cation under section 5, 20, 2 J ~ 26 or 27, which has not been determiner!, or the Court believes that such an :3pplication is to be made; (h) when.>-- (i) the enforcing authorily has made an appli￾cation Lmder section 22 (reconsideration of benefit after order is made), which has not been determined or the Court believes thut such an application is to be made; anc.i (ii) there is reasonable cause to beJievr that the Court will decide under that section that- {c} where- {A) in the case of a forfeiture order, the property identified under the fresh identification of the defendant's benefit exceeds the property found by the Court that made the order; or (ll) in the case of a pecuniary penalty order, the amount found under the new rnlculation of the defendant's benefit exceeds the relevant amount as defined in that section; (i) the enforctng authority has made an appli￾cation under section 24 (reconsideration of !TIie 1ht1u,1un of tlli~ v•i< " 1L11lho,r,rd b~ L.'(. 1112010 I

PROCEEDS OF CRIME available amount after order is made), which has not been determined, or the Court believes that such ap. application is to be made; and (ii) there is reasonable cause to believe that the Court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount as defined in that section; or (d) where the enforcing authority has made an application under section 58 (recovery orders), which has not been determined or the Court believes that such an application is to be made. (2) Subsection (1 )(a)(ii) is not satisfied if the Court finds that- (a) there has been undue delay m continuing the proceedings; or (b) the Director of Public Prosecutions does not intend to proceed. (3) If an application mentioned in subsection (l)(a)(iii), (b), (c) or (d) has been made, the requirements of those provisions are not satisfied if the Court finds that- ( a) there has been undue delay in continuing the application; or (b) the enforcing authority does not intend to proceed. ( 4) If subsection (1 )(a)( i) is satisfied- ( a) references in this Part to the defendant are to the alleged offender; (b) references in this Part to the enforcing authority are to the Director of Public Prosecutions; and [The inclusion of this page is authorized by L.N. 128/2016] 51

52 Restraint orders. PROCEEDS OF CRIME (c) section 2(2)(a) (relevant dates for identifying tainted gift) has effect as if proceedings for the offence had been commenced against the defendant when the investigation was started. 33.-{1) A Judge of the Supreme Court (hereinafter referred to as the Judge) may make a restraint order upon an appli~ cation made without notice in Chambers by- (a) the Director of Public Prosecutions; or (b) the Agency. (2) If any of the conditions set out in section 32(1) is satisfied, the Judge may make an order prohibiting any person from dealing with any realizable property held by a specified person. (3) A restraint order may provide that it applies to- ( a) all realizable property held by the specified person, whether or not the property is described in the order; (b) realizable property transferred to the specified person after the order is made. (4) A restraint order may be made subject to exceptions, which may- (a) provide for reasonable living expenses and reason￾able legal expenses, other than any legal expenses that- (i) relate to an offence which falls within sub￾section (5); and (ii) are incurred by the defendant or by a recipient of a tainted gift; [The inclusion of this page is authorized by L.N. 128/2016)

PROCEEDS OF CRIME (b) make provision for the purpose of ·enabling any person to carry on any trade, business, profession or occupation; (c) be made subject to conditions. (5) The offences that fall within this subsection are- (a) the offence mentioned in section 32(l)(a)(i), if the condition mentioned in that subsection is satisfied; (b) the offence mentioned in section 32(a)(ii), if the condition mentioned in that subsection 1s satisfied; (c) the offence concerned, if any of the conditions mentioned in section 32(1)(a)(iii), (b) or (c) is satisfied. (6) Where- (a) 'the Judge makes a restraint order; and (b) the applicant for the order applies to the Judge to proceed under this subsection, whether as part of the application for the restraint order or at any time afterwards, the Judge may make such order as the Judge believes is appropriate for the purpose of ensuring that the restraint order is effec#ve, including in particular,' any provisions which the Judge considers appropriate for the preservation of the property with respect to which the order is made. (7) For the purposes of subsection (2), dealing with property includes removing property from Jamaica. (8) A copy of a restraint order shall be served on a person , affected by the order in such manner as may be prescribed by rules of court. [The inclusion ofthis page is authoriied by L.N. 128/2016] 53

54 Discharge or variation of order. Deteriorating property. 26/2013 S. 3. PROCEEDS OF CRIME 34.-( 1) An application to vary or discharge a restraint order may be made to the Court by- (a) the person who applied for the order; or (b) any person affected by the order. (2) Where an application is made under subsection (1 ), the Court may vary or discharge the order: Provided that if the condition that was satisfied under section 32(1) was that- (a) proceedings were started or an application was made, the Court shall discharge the order on the conclusion· of the proceedings or the determination of the application, as the case may be; or (b) an investigation was started or an application was to be made, the Court shall discharge the order if within a reasonable time proceedings for the offence are not started or the application is not commenced, as the case may be. 34A.-( I) Where a restraint order is made in respect of any deteriorating property, an application granted for the purposes of section 34 may be made for- (a) the variation of the restraint order to facilitate the sale of the property; and (b) the restraint order to apply to the proceeds of the sale. [The inclusion of this page is authorized by L.N. 128/2016]

PROCEEDS OF CRIME (2) Where the Court varies a restraint order pursuant to subsection (1 ), the Court may issue directions as to- (a) the manner in which, and terms and conditions on which, the sale is to be conducted; and (b) the manner in which the proceeds of the sale are to be paid over and held while the restraint order is in force, which may include provision for the proceeds to be held by a specified person in trust for the person entitled to the proceeds. (3) In subsection (1), "deteriorating property" means property relating to a matter that is-- ( a) pending or before the Court; and (b) in danger of diminishing in value prior to the matter being resolved by the Court. 54.01 Appeals. 35.-{l) If the Judge decides not to grant an application for a restraint order, the applicant may appeal to the Court of Appeal against the decision. (2) If an application is made to a court under section 33(6) (ancillary order to ensure effectiveness of restraint order) or 34(1) (discharge or variation of order), the following persons may appeal to the Court of Appeal against any decision of the Court on the application- (a) the person who applied for the order; and (b) any person affected by the order. [The inclusion ofthisp11ge is 1Wthori:ied by L.N. 128/2016]

54.02 Seizure. Hearsay evidence. PROCEEDS OF CRIME (3) On an appeal under subsection (1) or (2), the Court of Appeal may- (a) confirm the decision; or (b) make such order as it considers appropriate. 36.-{1) If a restraint order is in force, an authorized officer may seize any realizable property to which the order applies, for the purpose of preventing the removal of the property from Jamaica. (2) Property seized under subsection (1) shall be dealt with in accordance with the directions of the Judge that made the order. (3) In this Part, "authorized officer" means- (a) a constable; (b) a customs officer; (c) an officer of the Agency; or (d) any other person so designated by the Minister by order for the purposes of this Part. 37.-{1) Evidence shall not be excluded in restraint proceedings on the ground that the evidence is hearsay evidence. (2) For the purposes of this section- ( a) restraint proceedings are proceedings- (The inclusion of this page is authorized by L.N. 128/2016]

PROCEElJS OF CRJ.\4£ 5:5 {i) for a restraint order; (ii) for the discharge or variaticm of a restraint order; or (iii) on an appeal Ullller ~ect1on 35; (b) hearsay is a statement that is made otherwise than by the person giving ma\ eviJencc in Lhe proceedings and is tendered as ~vidcnce of the matters stated. (3) Sections 31E to 3 lG of the Evidence Act shall apply in relation to restraint proceedings as they apply in relation to civil proceedings. 38.-( 1) A copy of a resLraint order that affects land in Reg,~,r~1101• ] . . d . . and publica￾ama1ca, shall be R2:1Stere with the Registrar of the Supreme 1;0n vr Court and in the case of-- ,~5t,am1 (a) registered land, shall be registered with the Registrar of Titles who shall record the particulars of the order in the Register Book of Titles; or (b) unregistered land, shall be lodged in lhc Record Office and published in at least one daily n~wspaper in circu[ation throughout Jamaica. (2) A reslrairit order is of no effect with respect to lanu unless the order is registered under subsection ( 1 ). (3) Where particulars of a restraint order are registered as required by this section, a person who subscqw:ntly deals with the property concerned shall, for the purpo.':.es nf section 39, be deemed to have notice of the order at Lhc time of the dealing. ( 4) The registration of a restraint order under this section shall be ex~mpt from the payment of fees under the Registration of Titles Act and stamp duty under the Stamp Duty Act. 39.--( I) A person who knowingly contnwencs a restraint order by disposing of, dissipating, darn.:ig1ng, destroying, or otherwise dealing with, property that is subject to the restraint order commits an offence and is liable￾rn .. ,ntlu,ion or lhi, ···~· ;, •olhu,it<J by L.~. J 1/.!0IU I unkr. Con1r11vcnt,on of rcma1oc order

56 PROCEEDS OF CRIME (a) on conviction in a Resident Magistrate's Court- (i) in the case of an individual, to a fine of not less than five hundred thousand dollars nor more than one million dollars or to imprison￾ment for a term not exceeding three years or to both such fine and imprisonment; or (ii) in the case of cl body corporate, to a fine of not less than one mir1ion dollars nor more than two million dollars; (b) on conviction on indictment in a Cir<.;utt Court- (i) in the case of un individual, to a fine or to imprisonment for a term not exceeding seven years or to both such fine and tmprisonment; or (ii) in the case of a body corporate, to such fine as the Court may impose. (2) Where a restraint order is made again.st property and- (a) the property is disposed of or otherwise dealt with in contravention of the restraint order; and (b) the disposition or dealing was not for sdficient consideration or not in favour of a person who acted in good faith and without notice, the party who applied for the restrntnl order may apply to the Judge for an order that the disposition or dealing be set aside. (3) The Judge may, un c1n appiication made under subsection (2}-- ( a) set astdc the disposition or dealing as from the day on whrch the disposition or dealing took place; or (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 (lh, 1nclu,lofl of !h.,, pJ~c i1 aullonrned by L.I. 1112010 I

PROCEEDS OF CIUME the disposition took place. and before the day of the order under this subsection . 57 40.-{ 1} Where a Judge makes a restraint order, except with Rcs1 r 1 c111rns on the the leave of the Judge and subject to such term!i as the Judge eni'orce111cr11 may 1mpose- (a) no charge may be lc.:vied against any r?alizable property to ,i.,·hicb the order applies; (b) if the order applies to a ten,U1cy of any premises, no landlord or other person to \vhom rent is payanle may exercise a right failing withtn suhsect1on (2). (2) A right falls within this irnbsectim: if it is a right of forft:iture by re.entry in relation ro tht' i.,remises in respect of any failure by the tenant to compl1 with any tcnn or condition of the tenancy. (3) If a court in which pr0ceedings are pending in respect of any propeny is satisfi~d th.it a restraint order has been applied for or made in respect of thG property, tht: court may either stay the proceedings ur allow them to continue on any terms it thinks fit. ( 4) Before exercising any power conferred by subsection (:3), the court shall give an opportunity to be heard to- (a) the ilpplicant for the restraint order; and (b) any receiver appointed under section 4 l in respect of the propeny. Receivers 41.-{ 1) The Court shall mJke an order for the appointment of a receiver (hereinafter referred to as a Director's receiver) in respect of realizable property if- (a) a court makes a pecuniary penalty order; (b) the order is not satisfied aml ts not subject to appeal; and (c) the enforcing authority applies to the Court for an nf fCSlr~IJll o rder Ap poi n m,~n 1 oflhe Director'~ receiver.

58 Power~ f>t D1rc-~lor ':.,. r~cc 1\1Cr PROCEED,•,.; OF CRJME nrdcr unuer this section. (2) Thl! n:cciver appointeJ und~r subsection ( l) shall be a person nominated by the Director for that purpose and named tn lbi! order. (3) A person nominated to be the Di rec.tor's receiver undt!, this section may bc- (a) a member of the staff of the Agency; or (b) a person providing services under arrangements made by tbc Director. 42.---{ l) When: the Coun makes un order for the appoint￾ment of a Director's receiver under section 41, the Court may act under this section on the application of the Director. (2) The Court may by order confer on the Director's receiver, in relation to realizable property, the powers to-- (a) takt: possession orthe property; (b) manage or otherwise dcul with the property; (c) rc::.dizc the property, in such mmmcr as the Co:.irt may spec.:dy: (cf) start, carry on or defend ,my legal proceedings in resp~ct o[. thc property. (3) If the Court appoints a Director's receiver, the Court may act under this !it:clion on tl1e application of the Director. (4) The Court muy by order -.:onfcr on the Director's receiver, in relation to any re:::i.hzable property to which the pecuniary penalty order applies, power to-- (a) take possession or the propcny; (b) m~ina~e or otherwise deal with the propcny; and (c) start, 1.:arry on or defend any legal proceedings rn rcspr:-ct of the property. (5) The Court muy by order confer on the Director's receiver the power to enter any premises described in the order !Tho io<l••••n of lhi> p,i:~ ii 11~1hortz!'d bJ 1,.1',. 1112~!tl I

P!WCEEDS OF CRIME and to do any of the following- (a) search for or inspect anything %lhorised by the Court; (b) make or obtain a copy, photograph ur other record of anything so authr, ised; (c) remove a11ything that the Director's receiver 1s requir..:<l or authorised to take possessio;-i of 111 pursuance of an order of the Court. (6) The Coun may by order authorise lhe Director's receiv{!r to do any of the following for the purpose of the exercise of hi:; functions- (a) hold prope-rty; (b) enter into contracts; (c) sue and be sued; (d) employ agents; (e) execute powers of attorney, deeds or other instru￾ments; if> take such other steps as the Court thinks appropriate. (7) The Court may order any person who has possession of realizable property to which the pecuniary penalty order applies to give possession of that property to the Director's receiver. (8) The Court may order any person who ha5 po.::;session of realizable property to give possession of the property to the Director's receiver. (9) The Court may- (a) order a person holding an interest in realizable property to make to th4;; receiver such payment as the Court specifi~s in respect of a beneficial interest held by the defendant or the recipient of a tainted gift; and (b) on such payment being made, by order transfer, grant or extinguish any interest in the property. 59

/\ppl,cnl"l1 1 ut ~ums by D,r,ctors rccc,,cr. P IWCEEDS OF Cl<J Mt: (\ 0) Subsections (2), (8) and (9) shall not ::ipply to property for the time being subject to pecuniary penalty ortler under any other law. ( 11) The Court shall not- (a) confer the power ITil'ntioncd in subsection (2)(b) or (c) in rtspect of property; ur (b) i=xercise the power conferred on it by subsection (9) in respect of propen.y, un!l!ss the Court gives persons holding interests in the property a reasonable opportunity to mah· l'eprcscntations to the Court. (12) The Court may ordi!r that a power conferred by an urd1::r under this scc1ion is subject to such conditlons <.1nd exceptions as it specifies. (1 J) foor the purposes of this section, managing or other￾wise dealing with property includcs- (a) selling the property or any part of, or interest in, tbe property; (h) carrying on or arranging for another person to carry on, any trade or business the assets or which nrc part of the pruperty; (c) incurring capital expenditure in re:ipecl of the pro￾pen.y. 43.-( I) This section applies to sums that are in the hands of the Director's receiver and are - (a) the proceeds of the realization of proper1)' under section 42; or {b) sums rn whic;h the defendant holds an interest, other than sums mentioned in paragraph (a); (2) The sums shall he applied in the following order of priority- (a) first. in payment of such remuneration and expenses as are payable under section 135 {remune.ration and expenses of insolvency practitioner); (b) second, in making any payments directed by the Court; and !Th• lndu,ioo "' lhi> pa~• i1 1111hnriHd by L.I" 11/ZOIO I

PROCEEDS OF CRIME (c) third, on the defendant's behalf towards satisfaction of the pecuniary penalty order, by being paid to the Agency account of the amount payable under such order. (3) If the amount payable under the pecuniary penalty order has been fully paid and any sums remain in the Director's receiver's hands, those sums shall be distributed- (a) among such persons who held, or hold, interests in the property concerned; and (b) in such manner and proportion as the Court directs. ( 4) Before making a direction under subsection (3 ), the Court shall give the persons referred to in subsection (3)(a) a reasonable opportunity to make representations to the Court. (5) For the purposes of subsection (3), the property concerned is- (a) the property represented by the proceeds mentioned in subsection (1 )(a); (b) the sums mentioned in subsection (l)(b). 44.-( 1) This section applies if the Agency receives sums on account of the amount payable under a pecuniary penalty order (whether the sums are received under section 42 or 43 or other￾wise). (2) If the Agency's receipt of the sums reduces the amount payable under the order, but the Agency shall apply the sums received as follows- (a) if the Agency received the sums under section 43, first, in the payment of the remuneration and expenses payable under section 135 (remuneration and expenses of insolvency practitioner), if not already paid under section 43; (b) if a direction was made under section 14(5) for an amount of compensation to be paid out of sums recovered under the pecuniary penalty order, second [The inclusion or this page is authorized by L.N. 11/2010] 61 Sums received by Agency.

62 fksHl<:IIC)IIS 011 Dir~~10,·s fCCt.:1'"1:!r f>ro1,:ct,on of Director's rcCCIIIC( PROCEEDS OF CRJME in payment of that amount; and (c:) payment into an interest-bearing account he!d by tb~ Agency on behalf of the Government of Jamaica. (3) The sums paid into the account referred to in sub￾section (2)(c) shall be adminisrertd by the Agency for the benefit of Jamaica's criminal justice system~ in accordance with regulations made und~r this Act. 45.-( 1) Where- (a) a Court rnakes an order under section 42 appointing a Director's receiver; and th) the order applies to a tcmm(;y of any premises. except with the leave of the Court and subject to such terms as the Court may impose, no landlord or other person to whom rent is payable may exercise a right falling within subsection (2). (2) A right falls within this subsection if it is a right of forfeiture by re-entry in relation 10 the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy. (3) If a court in which proceedings are pending in respect of any property is satisfied that an order Linder section 41 appointing a Director's receiver in respect of the property has been applied for or made in respect of the property, the court may either stay the proceedings or allow them to continue on such terms as it thinks fit. (4) Before exercising any power conferred by sub￾section (3), the court .shall give an opportunity to be heard tir- (a) the Director; and (b) the Director's receiver (if the order under section 4 l has been made). 46. lf a Director's receiver- (a) takes action in relation to property which is not realizable property; 1111~ inclu1ion of llli$ ~•e• i, authar,u•d b) l .. N. I l1lOIU I

PROCEEDS OF CIUME (b) would be entitled to take the action if it were realiz￾able property; and (c) believes on reasonahle grounds that he is entitled to take the action, the receiver shall not be liable to any person in respect of any loss or damage resulting from the action, except so far as the loss or damage is caused by the receiver 1 s negligence. 47.-(1) A receiver appointed under section 41 may apply lo the Court for an order giving directions as to the exercise uf the receiver's powers. (2) The Court may, on the applica\ion of the following persons, make such order as the Court thinks appropriate- (a) any person affected by r'lction taken by the receiver; (b) any person who may be affected by action which the receiver proposes to take. 48.-( 1) The following persons may apply to the Court to vary or discharge an order made under section 41 or 42- ( a) the Director; ( b) the Director's receiver; (c) the Director of Public Prosecutions; or (d) any pc,"on affected by the order. (2) Subject to subsection (3), on an application under subsection (1 ), the Court may vary or discharge the order. (J) If the condition that was satisfied under section 32 for the making of the order was that- (a) proceedings were started or an application was made, the Court shall discharge the order on the conclusion of the proceedings or of the application, as the case may be; (b) an application was to be made, the Comi shall discharge the order if the application is not made within a reasonable time; or [The inclusion of th~ page is authorized by L.N. 11/2010 J 63 Apr,l1cntio11 fo, J11<.:<..l.11;1.- Discharge or variation or order concerning Director's ICCCIVt:r.

P ROCF:EDS OF C!UA!f ( c) r.an investigation was starlcd, the Court shall discharg~ the order if proceedings for the offence arc not started within a reclsonable time. Appeal~ 49.-( I) Where a Court refuses :rn application for an order under section 4 J or 42, the person who made the application may arpeal to the Court of Appeal against the decision. {2) Where a Court makes an order under section 4 l or 42, the following persons may appeal to the Court of Appe:.il in respect of the decision- (a) th~ person who appli~d for thc order; and (h) any person affected by the order. (3) Where a Court refuses an application for an order under section 47 {application for directions or by person affecrcd by a~rion taken or proposed to be taken by receiver), the person who applied for the order may appeal to the Court of Appeal against the refusal. (4) Where the Court mJ.kcs an order under section 47, the following persons may appeal to the Court of Appeal in respect of the order- (a) th~ person who applied for the order; (b) any person affected by the order; or (c) the Director's receiver. (5) The following persons may appeal to the Court of Appeal against the decision or the Court on an application under section 48 (discharge or variation of order concerning receiver)- (a) the Director of Puhlic Prosecutions; {b) th~ Director; (c) the Director's receiver; (d) any person affected by the Court's decisinn. (6) On an appeal under this section, the Court of Appeal may￾IThr inclusiun or lhi, pl£C i1 ,uthwi,...i by L. . .,, ll/201 U I

PROCEEDS OF C/U.\t/F (a) confirm the decision; or (b) make such order a~ it considers appropriate. General JJ"':Jvisions as to the exercise of power I under Part!>' JI and III 50.---( I) This section applies to money that- (a) is held by a person in an account maintained by that person with a financial institution; (b) has been seized by a constable by virtue of a power of seizure exercised by the constable under any law and is held, on bt!half of the Government of Jamaica, in ,m account maintained by the constabulary force with a financial institution; or (c) has been seized by a customs officer by virtue of a power of seizure exercised by the officer under any law and is held, on behalf of the Government of Jamaica, in an account maintained by the Com￾missioner of Customs with a financial institution. (2) A Resident Magistrate's Court may act in accordance with subsection (3) if.- Ca) a restraint order has effect in relation to money to which this section applies; (b) a forfeiture order or a pecuniary penalty order is made against- (i) the person by whom the money is held, in any case falling within subsection (1 )(a); or (ii) the person from whom the money is seized, in any case fallmg within subsection (I )(b) or (c); and (c) in the case of a pecuniary penalty order, any period allowed under section 12 for payment of the amount ordered to be paid under the order has ended. (3) Subject to subsection (4 ). a Resident Magistrate's !Tht IRclu,oon of rhi, r•f• i, aurhoriud by L.N. 1112010 I )CllCd money 65

66 SciHcrmng pClwers of coun ll!ld D1rccror\ r~C'..IVt:r PROCEEDS OF CRIME Court may order the financial institution to pay the money to the Agency on account of the amount payable under the forfeiture order or pecuniary penalty order, within su~h period as shall be specified in the order. ( 4) Subsection ()) Shilll nol apply to any money which the Resident Magistrate's Court is satisfied is required for lhe purpose of evidence of an offence in any proceedings under Part ll or m. {5) A financial institution that fails tu comply with an order wtder subsection (3) commits an offence and is liable to a fine of not less than two hundred and fifty thousand dollars nor more than one million dollars for each day that the offence continues. (6) Subject to arfirmati ve resolution, the Minister may by order published in the Gazette amend the ammmt specified in subsection (S). 51.---{ 1) This section applies to- (a) the powers conferred on a court by sections- (i) 33 to JS, 40 to 45 (restraint orders and appoint￾ment of Director's receiver); and (ii) 47 to 50 (directions, discharge or variation of orders, appeals arid seized money); (b) the powers of a Director's receiver. (2) Subject Lo subsection (3). the powers- (a) shall be exercised with a view t~ (i) the value for the time being of rcali7.able property being preserved or, in the case of a pecuniary penalty order, realized, for satisfying any forfeiture or pecuniary penalty order, as the case may be, that has been or may be made against the defendant~ or (ii) securing that Lhere is no diminution in the value of realizable property, in a case where a forfeiture order or pecuniary penalty order has not been 11"11< in,lufion al 1hi, pa~• is o,uhorit..! b~ l,.N, 11/lOIO I

PROCEEDS OF CRIME made; (b) shall be exercised without taking account of any obligation of the defendant or a recipient of a tainted gift, if the obligation conflicts with the object of satisfying any forfeiture order or pecuniary penalty order that has been made or may be made against the defendant; (c) may be exercised in respect of a debt owed by the Crown. (3) Subsection (2) has effect subject to the following ules- (a) the powers must be exercised with a view to allowing a person other than the defendant or a recipient of a tainted' gift to retain or recover the value of any interest held by him; (b) in the case of realizable property held by a recipient of a tainted gift, the powers must be exercised with a view to realizing no more than the value for the time being of the gift; (c) in a case where a forfeiture order or pecuniary penalty order has not been made against the defendant, property must not be sold if the Court so orders under subsection (4). (4) If on an application by the defendant, or by the recipient of a tainted gift, the Court decides that property cannot be replaced, the Court may order that the property must not be sold. (5) An order under subsection (4) may be revoked or varied. 52.----(1) A Resident Magistrate's Court or the Resident Magistrate'.s Division of the Gun Court, as the case may be shall act in accordance with subsection (2) if- (a) a defendant is convicted of an offence by that court; and (b) the Director of Public Prosecutions or the Agency asks [The inclusion of this p11ge is authorized by L.N. 128/20161 67 Committal by Resident Magistrate's Court. 26/2013 S. 4.

68 Sentencing powers of Resident Magistrate not affected. 26/2013 S. 5. Enforcement abroad. PROCEEDS OF CRIME the Court to commit the defendant to the Supreme Court with a view to a forfeiture order or pecuniary penalty order being considered under section 5. (2) The Resident Magistrate shall commit the defendant to the Supreme Court for the hearing of the application under section 5. (3) If a committal is made under subsection (2), section 5 shall apply accordingly. (4) A committal under this section may be in custody or on bail. 53. Where a defendant is committed to the Supreme Court under section 52, nothing in that section shall affect the powers of the Resident-Magistrate to deal with the defendant in respect of any offence for which the defendant is convicted before the Resident Magistrate. 54.--{l) Requests for assistance sent to or received from an overseas authority in relation to any matter under this Act other than a matter under Part IV, shall be dealt with in accordance with the provisions of the Mutual Assistance (Criminal Matters) Act. (2) A person who, by virtue of his functions under this Act, receives any request referred to in subsection (1) shall ensure that the request is conveyed to the Central Authority as defined by the Mutual Assistance (Criminal Matters) Ac't. (3) Subject to the provisions of tQ.is Act, the Agency may, with the approval of the Minister, enter into a contract, memorandum of understanding or other agreement or arrange￾ment with a Ministry or Department of Government, executive agency, Government company, overseas authority, or any other person or body, whether inside or outside of Jamaic~ regarding the exchange of information, or the provision of assistance, relevant to- any investigation or proceeding under Part IV. (4) Subject to the provisions of this Act, the Minister may enter into any agreement or arrangement in writing with- (a) the government of a foreign State; (The inclusion ofthis page is authoriz.ed by L.N. 128/2016)

PROCEEDS OF CRIME (b) ,m int-:rnational organization; (c) an overseas authority or any association of O\ erseas authorities; or (d) any other overseas entity, regarding the exchange, bet\vccn the agency, any inslitution or agency of an entity referred to in paragraph (a), (b), (c) or (d) of infonnation, or the provision of assistance, relevant to iiny investigation or proceeding under Part IV. PART IV. Civil Recovery of the Proceeds. efc. of Unlawful Condun SS.-( I ) In this Part- "ussociated property' ' or '·property :iSSOciated v.:ith recoverable property" means property of any of the following descriptions, which is not itself the recoverable property- (a) any interest in the recoverable property: ( b) any other interest in the propc11y in which the recoverable property subsists; (c) if the recoverable property is a tenancy in common, the tenancy of the other tenant~ (d') if the recoverable property is purt of u larger property but not a separate part, the n!m'1indcr of that property: Provided tha1 no property shall be treated as associated with recoverable property consisling of rights under a pension scheme within the meaning of sections 64 lo 66; "authorized officer" means a constable, a customs officer or any other person designated us such by the Minister by order for the purposes of this Act; "cash" means the following items found at any place in Jamaica-- I l'kt in<ld,iun of tlli, p•i:•· i• •u•bom,d l,y l.,N. 11/I!llll I l111tcp1t￾1~11on 69

70 PROCEEDS OF CR! ME (a) noles and coins in any currency; (bl postal orders; (l.') cheques of ,my kind, including traveller's cheques; (d) banker:,;' drafts; {e) bearer bonus and bearer shares; (/) monetary tnstrum~nt.s of any ktnd dcsign￾nuted by the ~ tnistcr by order as falling w1tbin this paragraph; ''dealing" with property includes disposing of, taking possession of, or removing, property from Jamaica; "inlercst", in relation to- (a) land, ml.!ans any li.!gal estate and any eq uitablc i nkresl or power; (b) property othl:r than land, includes any right, includ i 11~ a right to possession; "minimum amount'' mc::ins one hundred thousand dollars or such other umuunt us may be specified by the Minister by order published in the Gazette for the purposc:s of this. Part; "part", in relation to properly, includes a portion; "property obtained through unlawful conduct" is property obtained directly ur indirectly by or in return for or in t.:onnect1on with unlawful conduct, and for the purpose of deciding whether any person obtains property through unlawful conduct- (a) it is immaterial whether or not any money, goods or services were provided in order lo put tht: person tn a position to carry out the conduct; (b) it 1s not necessary to show the particulars of

PROCEEDS OF CRIME the conduct: "recovery property" ,hail be construed in accordance with sections 8J LO 89; ~ 1 resp0rH..1ent" means- (a) where proceedings are brought by the enforcing authority by virtue of any of the provisions of sections 57 to 71, the person against whom the proceedings are brought; (b) where no such proceedings have been brought but the enforcing authority has applied for an interim receiving order, the person against whom the enforcing authority intends to bring such proceedings; "unlawful conduct" means- (a) conduct that occurs m, and is unlawful under the criminal law of, Jamaica; or (b) conduct that-- (i) occurs in a country outside of Jamaica and is unlawful under the criminal law of that country; and (ii) if it occurred in Jamaica would be unlawful under the criminal law of Jamaica. (2) For the purposes of this Part- (a) references to a person disposing of his property include a reference to his disposing of, or granting an interest in, the property; (b) references to the property disposed of are to any property obtained on the disposal; (c) a person who makes a payment to another shall be treated as making a disposal of his property to the IThe inclusion of this page is authori:rcd by L.N. 11/2010 I 71

72 PROCEEDS OF CIUME General purpose of this Pan. other, whatever form the payment takes; (d) property that passes from a person under a will or intestacy or by operation of law, shall be treated as disposed of by that person; (e) a person shall only be treated as having obtained property for valuable consideration, in a case where that person gave unexecuted consideration, if the consideration has become executed consideration; (/) any reference to a person's property, whether expressed as a reference to the property held by the person or otherwise, shall be read as follows- (i) in relation to land, it is a reference to any interest held by the person in the land; (ii) in relation to property other than land, it is a reference to the property, if it belongs to him, or to any other interest held by the person in the property; (g) references to proving any matter or satisfying any Judge or court of any matter shall be construed as references to proof or satisfaction, as the case may require, on the balance of probabilities. (3) For the purpose of deciding whether or not property was recoverable at any time, including any time before the appointed day, it shall be deemed that this Part was in force at that and any other relevant time. 56.-(1) This Part has effect for the purposes of- (a) enabling the enforcing authority to recover, in civil proceedings before the Court, property which is, or represents, property obtained through unlawful conduct; (b) enabling cash which is, or represents, property obtained through unlawful conduct or which is intended to be used in unlawful conduct, to be forfeited in civil proceedings before a Resident (Th• inclU5iOn of thi• p•~• iJ aulhori•ed by L.N. 11/20HI]

PROCEEDS OP' CR!AfF Magistrate's Court. (2) The powers conferred by this !'art ar~ cxercisabli: in rclntion to any property (including cash), whether or not any proceedings have been brought for nn offence in connection with the property. (3) The Court mcntionc:d in subsection ( l )(a) ur (b) shall decide on a balance of probabilities whether it is proved that- (a) c:my matters alleged co constitute unlt1'> ful condud have occurrt.!d; ur (b) any person intcnd1.:J w us<..: ,tny i.:ash in unlawful conduct. Civil Uecovety in th!? Supreme Courr 57. The enforcing authority may take proceedings in the Court against any person who the enforcing authority believes holds recoverahle property. 58.-(1) If in proceedings under this Part the Court is satisfied that any property is recoverable~ the Court shall make an order under this :-;cction (hereinalkr t:alkd a re,overy order). (2) Suhject to subsection (8), the recovery order shall vest the recoverable property in the Agency. (]) If each of the conditions in subsection (4) ls met, the Court shall nor make in D recovery ordi.!r :rny provision in respect of recoverable properly unless it is just and equitable to do so. ( 4) The conditions refencd to in subsection (3) arc that- (a) the respondent obtained the recoverable property in good faith; (b) the respondent took steps after obtaining the property, which he would not have taken if he had not obtained ii, or he took steps before obtaining the property. which he would not have taken if he had nLH believed IThr in,lu,inn g( lni, r·~· is authori,<d bJ l .. s. 11/]0lll I 73 f'rocuJ,11;~ for rc(n\lC!y ordns. ll.ceo11ny o,J~,)

74 PROCEEDS OF CRJAfE he ,1.:a~ going to obtain it; (c) when tlw respondent fook the steps mentioned in paragraph (b), he had no notice that the property was recoverable; und (d) if a recovery order were made in respect of the property, the order would, by reason of the steps mention in puragraph (b). be detrimental to the respondent. (5) ln deciding whether it is just and equitable to make provision in respect of recoverable propeny in a recovery order where lhe condilions in subseclion ( 4) are met, the Court shall have regard to-· (a) the degree of detriment that would be suffered by the respondent 1f the provision were made; (b) the enforcing authority's interest in receiving the realized proceeds of the recoverable property. (6) A recovery order may sever any property. (7) The provisions of this section are subject to sections 61 to 66 and any consent order made, or limit on recovery imposed by, regulations made under this Act. (&) Where property which is the subject of a recovery order includes real property- (a) the order shall vest 1ha1 real property in the Crown; and (b) the provisions of section 9(3) to (5) shall apply, with the necessary modifications, to that real property, so however that the directions given pursuant lo section 9( 4) shall provide for the realized proceeds to be paid over to the Agency. (9) Where the enforcing authority is entitled to take proceedings for a recovery order before a Court, the enforcing authority may apply for an interim receiving order in such manner and in such circumstances as may be prescribed. ft he 1nc1u,,.,n of 11t11 r•~• 11 •uthomcd b, l,.r,i. 11/iitl O I

PROCEEDS OF CRlivlE 59.-( t) The functions of the Agency in giving effect to a recov~ry order an:- (a) to secure the detention, custody or preservation of any property vested in it by the recovery order; (b} in the case of property other than money, to realise the value:: of the propeny for the benefit of the Agency; and (c) to perform any other functions rnnferred on it b1, virtue of this Part. (2) The Agency shall rca lize the value of property vested in it by the recovery order, so far as practicable, in the rnann._,r best calculrited to maximize the amoLlnt payable to the Agency. (3) The Agency has the pow~rs mentioned in th~ Third Schedule. (4) Refrrences in this Pan to a recovery order include a consent order under regulutions made under this Act and references to property vested in the Agency or the Crown, as the case may require, by a recovery order include property vested in the Agency or the Crown in pursuance of such a consc111 order. 60.--{ 1) A recovery order shall have effect in relation to any property notwithstanding any provision (of whatever nature) that would otherwise prevent, penalize or restrict the vesting of the property. (2) A right or pre-emption, return or other similar right shall not op-erate or become exercisable as a result of the vesting of any property under a recovery order. (3) Where property is vested under a recovery order, any right referred lo in subsection (2) shall have effect as if- (a) lhc person in whom the property is vested were the same person in law as the person who held the property, and I The iH<lu,i,111 "' lhi, P•£•· i, •ul~nnnt! by L.:'>. I !l!Otll ,1 7S Fum:11ons of the Agency 1n g1,;111g effect tu r~covcry urdei Third Sched11lc. RighlS of pre-emption etc

7o AsrnciillcJ ~n,J iuinl property. PROCEEOS OF CRIME (b) no transfer or the prop:.!rly had taken place. (4) For the purposes of this scction- (a) a right of return means any right und~r a provision for lhe return of property in speciii~d circumstances~ (b) references lo right!i in subsections (2) and (3) do not include any rights in respecl of which the recovery order was madt:. (5) This section applies in relation to the crt!ation of interests, or the doing of any other thing, by a recovery order as it applies in relation to the vesting of property. 61.-(1) Sections 62 and 63 shall apply if tht: Court makes a recovery order in respect of any recoverable property in a cast: falling within subsection (2) or (3). (2) A case falls within this suhsection if- (a) the property to which the proceedings rdate includes property that is associated with the recoverable property and is specified or described in lht: claun form~ and (b) if the associated properly is not the respondent's property, the claim form or application has been served on lhc person who owns the property or the Court has dispensed with service. (3) A case falls within this subsection if- (a) the recoverable property belongs to joint tenants~ and (b) one of the joint tenants is an excepted joint owner. ( 4) r, or the purposes of this Part- (a) an excepted joint owner is a person who obtarned the property in drcumstances in which it would not be recoverable against him~ and (b) references to Lhe excepted joint owner's share of the recoverable property are references to so much of the recoverable property as would have been h1s if the I r.t 1nd11,i,.,, of tloit P•l• os outhnrizr,I l>t LN. 111:2010 {

PROCEEDS OF CIU.~E joint tenancy had been severed. 62.-( 1) Where- ( a) this section applies; (b) the Agency ai:>!",i::s; and (c) the per~on who holds the associated property or who is the excepted joim owner agrees, Lhe recov.~ry order may, instead of vesting the recoverable property in the Agency or the Crown, as the case may require, order the person whose agreement is obtained under paragraph (c) to make a payment to the Agency in accordance with subsection (2). (2) The amount of the payment shall be the amo·Jnt that the Agency and the person agree represents- (a) in a case falling within section 61(2), the value of the recoverable property: (b} in a case falling withrn section 61 (3), the value of the recoverable property less the value of the excepted joint owner's share, Providf'd that if.- (a) an interim receiving order or interim administration order applied at any time to the associated property or joint tenancy; and (bJ the Agency agrees that the person has suffered loss as a result of that order, the amount of the payment may be reduced by an amount that the Agency and the person agree is reasonable, having regard to that loss and to any other relevant circumstances (3) If there is more than one such associated property or excepted joint owner- (a) the total amount to he paid to the Agency; and {b) the part of such amount that is to be provided by each person who holds any such associated property jThr ,nrluuon or lhi, P•t• " •lllhonJN by L.S. 11110111 I 77 Agrccmcnt~ about a,s<1c1a1cd or .101111

Ddilullol ngn,!~1n~111 ctlhJIJt ~sociMed or JOilll prc>pcrty PROCEEDS OF CRIME or who is an excepted joint owner, shall be agrecJ between both (or all) of them and the Agency. (4) A recovery order that makes any requirement under subsection (l }- (a) may, so far as is required for giving effect to the agreement, include provision for vesting, creating or extinguishing any inter~st in property; (b) shall make provision for any recoverable ptope11y to cease to be recoverable. 63.-(l) Where this section applies, the Court may make the provisions referred to in subsection (2) in a recovery order. if-- (a) there is no agreement under section 62~ and (b) the Court thinks it just and equitable to do so. (2) The provisions are- (a) for the associated property to vest in the Agency or the Crown, as the case may require, or for the excepted joint owner's interest to be extinguished; or (b) in the case of an excepted joint owner, for rhe severance of his interest. (3) A recovery order containing any provision by virtue of subsection (2)(a) may also provide for either or both of the following matters- (a) for the Agency to pay an amount to the person who holds the associated property or who is an excepted joint owner; or (b) for the creation of interests in favour of that person, or the imposition of liabilities or conditions in relation to the property vested in the Agency. (4) In making any provisions in a recovery order by virtue of subsection (2) or (3). the Court shall have regard to- (a) the rights of any person who holds the associated (Thr 1R<lu•i•m al lh'" P•i< i, ••.Uh.-iled by l .. N. 11/lOIU I

PROCEEDS OF CRIME property or who 1s an excepted joint owner and the value Lo him of that properly or, as the c,1se 1rn1.y require, of his share, including any value which cannot be assessed in terms of money; (b) the Agency's interest in receiving the realized proceeds of the recoverable property. (5) Whcre- (a) an interim receiving order applied at any time to associated property or a joint lenancy ; and (b) the Court is satisfied that the person who holds the associated property or who is an excepted joint owner has suffereu loss as a result of that order~ a recovery order making any provision by virtue of subsection(2) or (3) may require the Agency to pay compen￾sation to that person. (6) The amuunt of comptmsation to be paid under subsection (5) is the amount that the Court thmks rcason:ibll!, having regard to the person's los5> anJ to any other relevant ei rcumstances. 64.-(1) This section applies to recoverable property consisting of rights under a pension scheme. (2) Subject to any consent order made under regulations prescribed pursuant to this Act, a recovery order in respect of the property shall> instead of vesting the property in the Agency, require the trustees or managers of lhe pension scheme- (a) to pay to the Agency within a prescribed period. the amount determined by the trp· es or rnanagers of the pension scheme to be the value of the rights~ and (b) to give effect to any other provision made, by virtue of this section or section 65 or 66, in respect of the scheme. (3) A recovery order made by virtue of subsection (2)- (a) shall override the provisions of the pension scheme to the extent that they conflict with the provisions of the order; and 79 Payment< 111 respc~, of rights under pension sd1r111cs

so PROCEEDS OF CRJME Conscqucnual adjustmi,11l of i1~b1hlh!S under pension sd1~111es Supplei11e11- 1ary pro~1s1ons tn respect of pension schcm~s ( b) may provide for fr1e recovery by the trustees or managers of the scheme. whether by deduction from any amount which they are required to pay to the Agency or otherwise, of costs incurred by them in- (i) complying with the recovery order; or {ii) providing information, before the order was made, to the Agency, interim receiver or interim administrator. (4) No provision in any other law or in any pension scheme, which prevents or restricts the assignment of any pension shall apply ro a Court mak1ng a recovery order by virtue of suhsection (2). 65.-(1) A recovery order made by virtue of section 64{2) shall require the trustees vr managers of the pension scheme- (a) to make such reduction in the liabilities of the scheme as they think necessary in consequence of the payment made in pursuance of that subsection~ and (b) to provide for the liabilities of the pension scheme relating to the respondent's recoverable property in respect of which an order under section 64(2) is made. (2) So far as the trustees or managers of a pension scheme are required to act under subsection (1 ) 1 their powers include the power to reduce the amount of.- (a) any benefit or future benefit to which the respondent is or may be entitled under the scheme; (b) any future benefit to which any other person may be entitled under the scheme in respect of that property. 66.-(1) The Minister responsible for the management of pension schemes may make regulations regarding the exercise by the trustees or managers of a pension scheme of their powers under set:lions 64 and 65. ITII• i11<l11• ... n .r 1h11 ,,.~. i• ••lh<!rit«i b) , •. ~. 111201 ll I

PROCEEDS OF CIUME (2) Without prejudice to the generality of subsection (l ), regulations made under this section may include provision for Lhe calculation and verification of the value at any time of rights or liabilities (3) The power conferred by suhsection (2) includes power to provide for any values to bt: calculated or verificd- (a) in a manner that. in the pmticul:ir case, is approved hy a prescribed person; or (b) in accordance with guidance from time to time prepared by a prescribed person. 67.-{1) This section applies to- (a) sums that represent the realiz~d proceeds of property which was vested in the Agency by a recov~ry order or which the Agency obtained 111 pursuance of a recovery order; (b) sums vested in the Agency by a recovery order ur obtained by the Agency in pursuance of a recovery order. (2) The Agency shall make out of the sums- (a) first, any payment required to be mmJc by it by v1rtuc of section 63; (b) second, any payment of remuneration or expenses that :ire payable by virtue of section I 35 (remuneration and expenses of insolvency practitioner). and any sum that remains shall be paid to the Agency. ()8.-{1) ln proceedings for a recovery order, a person (hereinafter in this section referred to as the applicant) who claims that any property alleged to be recoverable property, or any part of that property, belongs to him may apply for a declaration under this section. (2) If the applicant appears to the Court to m(:ct the cond1tions mentioned in subsection (3), the Court may make a declaration to that effect. (3) The conditions are that- (a) the applicant was deprived of the property he claims, or of property which it represents, by unlawful conduct; I n.c inrl•'"'" <>I lhos p•,• ;. •ulho,riuu DY L.ro:. 111201111 81 f\ppJv1111: rcnl1t1:d pcui:ei:ds £,tcmp1ic,11 for v1ctim.- of th~n. etc.

,, • 1 f'fW< 'FFUS OF Cf<!.[£ (b) thi:: prnpl:Tty he was ckpri\ ed ol' was nnt recovnable property immedi ately before lie v,as deprived of it: ,ind (c) the pn)pi:rty he claims belnng:s to liim . (4) Prnperty tl, \Vhich g dcl.'. !:1r~tion under this section ;ipr,lic~ lS not 1'<..'Cll\CrJ.bJe prnpl'ny. (5) \V hcri.: a dccbrat1on is mJdc under subscclicin 1.2), the c'ourt may mdkc :111 order fdr the n:::;t1tutiun of the prup~ny ltl th~ :1pf~\ic:mt with Such ancil lary directions a:,; ,IIC IICC~Ssary TO SL'.l",ll lc su...: h restitutiu1 1, inc ludi ng, -Vh l'n: the p!",lj•en:, i'.; ::: uhjcct lt1 the R..::gistr:1ti,1n of litlc:s Act, prt)\ i::,i11t1 ,_111-.,:cting the Rc~istr:ir to n:~1stcr the titk o f the ?.ppli..:,ml. :- • 111 1'""" 1 "' 11 6~. ( 1) lL in tlK cci.sc (lf any properly I) which an imcrim recc iv1 11g: t'irda lrns at <1n y time app li ed, the Court does nnt in the cour~c of the proceedings decide llwt the propeny 1s recovcr￾abli:: prop-:rty or associ~1t..:d propl'rty, the pers(1n v,1ho ciwns property thi:: y may mak<.: un c1pplicat1on to th<.: Court for comp1.·ns:ition. (2) Subs,:ctiun (I) dues nol appl; i!'thi: Coun- (u) has made :1 J?daration in respect or the property by vinui: of section 68; or (b) m,1kes .:i consent urdcr. (3) If the Court h:.is made a decision by reason of which no recovery (lrder could be mucte in respci.:t of the property, the appl icatitm for compensation shJJl he made within the peri od uf three months beginning with- (a) lhc elate of the J,xisiun; (h) if :my 2ipplic.1t1on is made t'or lcJve to appcal, the d:.He on which the app!ic~tion is withJra.,n or n:!'used ; or (cJ if the applic.:itiun i~ granted, the Jate on which any p roc~cd in gs on ap pea! .1re ti na.ll y concluded. ( 4) ! f the pr0<.:cc-d ings in n.;spcct of the property haw

PROCEEDS OF CRIME been discontinued, the application for compensation shall be made within the period of three months after the date of the discontinuance. (5) If the Court is satisfied that the applicant has suffered a loss as a result of the interim receiving order, the Court may require the Agency to pay compensation to the applicant. (6) If, but for section 60(2), any right mentioned th~rein (right of pre-emption or return) would have operated in favour of, or become exercisable by, any person, that person may make an application to the Court for compensation. (7) An application under subsection (6) shall be made within the period of three months beginning with the vesting referred to in section 60(2). (8) If the Court is satisfied that, in consequence of the operation of section 60, the right in question cannot subsequently operate in favour of the applicant or, as the case may be, become exercisable by him, the Court may require the Agency to pay compensation to the applicant. (9) The amount of compensation to be paid under this section is the amoµnt the Court thinks reasonable, having regard to the loss suffered and any other relevant circumstances. 70.-{l) At any time when an order referred to in subsection (2) is in force, the Agency shall not start proceedings for a recovery order unless the Agency reasonably believes that the aggregate value of the recoverable property that the Agency wishes to be subject to a recovery order is not less than two hundred and fifty thousand dollars. (2) The Minister may, subject to affirmative resolution, make an order amending the amount specified in subsection (1). (3) lf the Agency applies for an interim receiving order before starting the proceedings, subsection (1) applies to the application instead of to the start of the proceedings. ( 4) This section does not affect the continuation of [The lnclusion ofthis page is authorized byL.N. 128/2016] Financial threshold. 83

84 Limitation. 26/2013 S. 6. PROCEEDS OF CRIME proceedings which have been properly started for a recovery order, or the making or continuing effect of an interim receiving order that has been properly applied for. 71.--(1) The time limits established by the Limitation of Actions Act shall not apply to any proceedings under any of the foregoing provisions of this Part. (2) Proceedings under any of the foregoing provisions of this Part shall not be brought after the expiration of the period of twenty years from the date on which the Agency's cause of action accrued. (3) For the purposes of this section- (a) proceedings are brought when- (i) a claim fonn is issued; or (ii) an application is made for an interim receiving order, whichever first occurs; (b) the Agency's cause of action accrues m respect of recoverable property- (i) in the case of proceedings for a recovery order in respect of property obtained through unlawful conduct, when the property is so obtained; (ii) in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained through unlawful conduct which it represents is so obtained, (4) Subsection (5) shall apply if- (a) a person would, but for the prov1s10ns of the Limitation of Actions Act, have a cause of action in respect of the conversion of a chattel; and ( b) proceedings are started under any of the foregoing [The inclusion of this page is 11Uthorizcd by L.N. 128/2016) .

PROCEEDS OF CRIME provisions of this Part for a recovery order in respect of the chattel. (5) The Limitation of Actions Act shall not prevent- (a) the person referred to in subsection (4) from asserting on an application under section 80 (appeal against forfeiture) that the property belongs to him; or (b) the Court from making a declaration in that person's favour under section 68 (exemption for victims of theft, etc.). (6) If the Court makes a declaration referred to in subsection (S)(b), the person's title to the chattel is to be treated as not having been extinguished by the Limitation of Actions Act. Recovery of Cash in Summary Proceedings 72.-(1) Subject to section 73, if an authorized officer who is lawfully on any premises has reasonable grounds for suspecting that there is on the premises cash- (a) which is recoverable property or is intended by any person for use in unlawful conduct; and (b) the amount of which is not less than the minimum amount, the authorized officer may search for the cash on those premises. (2) An authorized officer may exercise the powers set out in subsection (3) if the officer has reasonable grounds for suspecting that a person is carrying cash- ( a) which is recoverable property or is intended by any person for use in unlawful conduct; and (b) the amount of which is not less than the minimum amount. (3) The authorized officer may, so far as he thinks necessary or expedient, require the person suspected of carrying the cash- (a) to permit a search of any article found in that person's (The inclusion of this page is authorized by L.N. 11/2010 I 85 Searches.

86 PROCEEDS OF CRIME possession; or (b) to permit a search of his person. ( 4) An authorized officer exercising powers by virtue of subsection (3)(b) may detain the person so long as is necessary for the exercise of those powers. (5) The powers conferred by this section are exercisable only so far as is reasonably required for the purpose of finding cash. Prior approval. 73.-(1) For the purposes of this section- ( a) the appropriate approval means a search warrant issued by a Justice of the Peace or, if that is not practicable in any case, the approval of a senior officer; ( b) "a senior officer" means- (i) in relation to the exercise of the power by a customs officer, a customs officer of a rank designated by the Commissioner of Customs as equivalent to that of a senior police officer; (ii) in relation to the exercise of the power by a constable, a senior police officer; (iii) in relation to the exercise of the power by a any other authorized officer, the Director or a senior officer of the Agency; (c) "a senior police officer" means a member of the Constabulary Force of at least the rank of inspector. (2) The powers conferred by section 72(1) may be exercised only with the appropriate approval as specified in subsection (1), but an authorized officer who, pursuant to that subsection, exercises the powers without obtaining a search warrant shall give a written account to the senior officer in accordance with subsection (3), in any case where- (a) no cash is seized by virtue of section 75; or !The inclusion of this page is authorized by L.N. 11/2010 I

PROCEEDS OF CRIME (b) it was not practical to obtain a search warrant. (3) The account shall give particulars of the circum￾stances that led the authorized officer to believe that- ( a) the powers were exercisable; and (b) it was not practicable to obtain a search warrant. 7 4.--{ 1) The Minister shall- . (a) establish a code of practice in connection with the exercise by authorized officers of the powers conferred by section 72; and (b) lay the code before the Houses of Parliament. (2) The code is admissible in evidence in criminal or civil proceedings and shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant. · 75.--{1) An authorized officer may seize any cash if the officer has reasonable grounds for suspecting that the cash is- (a) recoverable property; or (b) intended by any person for use in unlawful conduct. (2) Subject to subsection (3), where- (a) an authorized officer has reasonable grounds for suspecting that a part of cash is- (i) recoverable property; or (ii) intended by any person for use in unlawful conduct; and (b) it is not reasonably practicable to seize only that part, the whole of the cash may be seized by the officer. (3) This section does not authorize the seizure of an amount of cash if that cash or, as the case may be, the part to which the suspicion relates, is less than the minimum amount. 76.--{l) While the authorized officer continues to have reasonable grounds under section 75(1) or (2), cash seized under that section may be detained initially for a period of seventy-two bo11rs [The inclusion of this page is authorized by L.N. 128/2016] Code of practice . 87 Seizure of cash. Detention of seized cash.

88 26n.OJ3 s. 7. PROCEEDS OF CRIME (2) The period for which cash or any part thereof may be detained under subsection (1) may be extended by an order made by a Resident Magistrate's Court: Provided that no such order shall authorize the detention of any of the cash- (a) beyond the end of the period of three months begin￾ning with the date of the order, in the case of an order first extending the period; or (b) in the case of a further order under this section, beyond the end of the period of two years beginning with the date of the first order. (3) A Justice of the- Peace for any parish (whether the seizure takes place within the limits of the jurisdiction of that Justice of the Peace or elsewhere in Jamaica outside of that jurisdiction) may also exercise the power of a Resident Magistrate's Court to make an order first extending the period mentioned in subsection (I). (4) An application for an order under subsection (2) may be made by an authorized officer. (5) On an application under subsection (4), the Court or Justice of the Peace, as the case may be, may make the order if satisfied, in relation to any cash to be further detained, that either of the following conditions is met- (a) there are reasonable grounds for suspecting that the cash is recoverable property and that either- (i) its continued detention is justified while its derivation is further investigated or consideration is given to bringing (in Jamaica or elsewhere) proceedings against any person for an offence with which the cash is connected; or (ii) proceedings against any person for an offence with which the cash is connected have been started and have not been concluded; or (b) there are reasonable grounds for suspecting that the cash is intended to be used in unlawful conduct and [The inclusion ofthis page is authorized by L.N. 128/2016]

PROCEEDS OF CRJ.!L that either- ( 1) its continued detention is j usti fi t':d while its intended use is further investigated ur consideration is given to bringing (in Jamaica ur elsewhere) proceedings against any person for an offence with which th.~ cash is connected; or (ii) proceedings against any person for an offence with which the cash is connected have been started and have not be-:n concluded. (6) Where an application is mad.: for an order under subsection (2) in the case of cash seized under section 75(2), the Court or Justice of the Peace, as the case muy be, shall not mc1ke the order unless satisfied that- (a) the condition in subsection (5)(a) or (h) 1s mc:t m respect of part of the cash; nnd (b) it is not reasonably practicab!e to detam only that part. (7) An order under subsection (2) shall provide for notice to be given to persons affected by it 77.--(l) Where cash is detained under section 76 for murc liuercsi than seventy-two hours, the cash shall, as soon as is reasonably practicable, be deposited in an interest-bearing account and held there, and the interest accruing on it shall be added to 1t on its forfeiture or release. (2) In· the case of cash seized under seclion 75(2) and detained under section 76, the authorized officer shall, on depositing the (.;ash in the account, release the part of the cash to which the suspicion does not relate. (3) Subsection (I) does not apply if the cash or, as the ITh• indMsion of Lhil p111• ii ,uthociud by l .. :'i. l lf20 IO I S9

t)Q !~c.tJr::c nf d(•l..i1n1,..1 J c~::1~11 ~orleir,m, Appeal against forleilurc,. !'ROCEEDS OF <... RIME rnse may be, the p:irl to which the suspicion relates 1s required as e'i dence or ,m offence 111 pro-:eedings under th is P:1rt. 78. --( l) This section applies while :my rnsh is di.:tained unJer section 76. ( 2) A Residl'nt Mngi st rate' 'j Court mu y di nxt the re lease u r the .vhole or any purt u r the ca.-.h if the Cuurt is sati:;;ticJ, on the application by the r:ierson from whnm rhe cash is seizL·J, that the conditions in st:ction 76 for the ddcntion ol the cash are no longer met in re Lt ti llll to the l-ash to he release~!. (1) An authorized officer may, with the apr:irnval of the Resident Mag.istrntc's Court or Justice I.us the case may be) under \o.,.•hrise order cash is hcing dctnincd, rck,isc tht: \V;.10\e or any part of It if satisfied that the Jctenti nn of the cash tu be relcascJ is no longer justified. 79.-( I) While cash is detained unJer section 76, Lhe authorized officer may make an aprllcation tn the Resident Magistrate's Court for the forfeiture of tht" .vliolc or any p:.irl of the cash. (2) On an applirntion under subsection ( l "J, the Resident Magi st rate's Court 1113) order the f'or1'ei turc Ii f the L:,bh or a11)' part uf it if satisfied that the cash or part. as the case may be- ( o) is rccoverahk property; or (h) is intended by any person for use in unluwful cuncJuct ( 3) In the case of r<:euverahk proper1 y that bL~ longs to joint tenants, an urdcr under subscctiun (2) shall not ;ipply to s(i much uf the pror:ierty as !he Court thinks is attributable to the excepted joint O'-Vner's share of the property. ( 4) Where an app licat10n fur the fr1rfe1turc or any cash is made under this section, the cash shull be detained, dnd may not be released under any power conferred by this Part, until any proceedings in pursuance of the application (including any proceedings on apr:ieal) are concluded. 80.---( 1) Any party to proceedings in which an upplication or order is made under section 79 rur the forfeiture of cash, who is

PROCEEDS OF CRIME aggrieved by the Jecision of the Court in relation thereto, may aµpt:dl to the Court of Appeal in respect of the decision. (2) An appeal under subsection (I) shall be made within the period of thirty days beginning with the date on which the order is mJtie. (3) The Com1 hearing the appeal may make any order it thinks appropriate. 81.-{ 1) Cash forfcitcti under this Part, and any accrued interest thereon, shaU, subject to the provisions of subsection (3), be paid into the Consolidated Fund. (2) Cash shall not be paid in under subsection (1)- (a) bdore the end of the period specified in section 80(2) within whi.;h an appeal under that section maybe made; or (b) if a person appeals under that section, before the appeal is detennined or otherwise disposed of. (J) Regulations made ·Jnder section 138 may provide for the c.lisbursement of funds, paid into the Consolidated Fund pursuant to subsection (1), for the benefit of Jamaica's criminal justice system. 82.-( l) A person who claims that any cash detained under this Part belongs to him may apply to a Resident Magistrate's Court for the cash to be released to him. (2) An application under subsection (l) may be made in the course of proceedings under section 76 or 79 or at any other time. (J) On an application under subsection (I) the Court may act in accordance with subsection (4) or (5). (4) If it appears to the Court that- (a) the applicant was deprived of the cash to which the application relates, or of property which it represents, by unlawful conduct; (b) the property that the applicant was deprived of was not, immediately before he was deprived of it, recoverable property; and (c) the cash belongs to the applicant, ITht indm;mn of 1:h11 P•I:.<'" i:1. ,uthonnd b)I L.N. 'tno10 I 91 ApplicMmn of Forfeited cash V,c11ms and other owJJtrs

92 Comp~01- s.M1c,n PROCEEDS OF CRJ.\Ji'.' the Cm.rt may orJcr the cash 10 which the app!icalion relates to be released to the Jpplicant. (5) If the applicant is not the person from whom the cash to which the application relates was seized and- ( a) it appears to the Court that the cash belongs to Lhe applicant; ( t.) the Court is satisfied that the conditions in section 76 for the detention of the cash are no longer met or, if an application has been made under section 79, the Court decides not to make an order under that section in relation to that cash; and ( c) no obj eel ion to rhe making u fan order under I his sub￾secli on has been made by the person from whom that ca:;h ,vas seized, the Court may order the cash to \Vhich th~ application relates to be rele::ised to the ~~pplicant or the person from .Vhom it was seized S3.-( I) If no forfeiture order is made in respect of any cash detained under this Part, the person to whom the: cash belongs or from whom the cash was seized may make an application to the Resident Magistrate's Court for compensation. (2) If, for any period beginning with the first reasonably practicable opportunity to deposit the cash in an interest-bearing account after the JI1itial detention of the cash for seventy-two hours, the cash was not so deposited, the Court may order that comp~nsation be paid to the applicant. (3) Subject to subsection (4), the amount of compensation to be paid under subsection (2) is the amount that the Court thinks would have been earned in interest in the period in question if the cash had been held in an account that bears interest at the rate of interest appl icabk to Government Treasury Bills over the period in question. (4) If "' forfeiture order is made in respect of only a portion of any cash detained under this Part, this section has effect in relation to the other portion. In. ;"''"''"" or 1!11, r•e• is *Ulhor\zed by l..N. 11no IO I

PROCEEDS OF C!Ul,ff. General 84.----{ I) Property obtained through unlawful conduct is recoverable propi;:rty: Provided that if such propeny has been disposed of since it was so obtained, it is recoverable prope11y only if it is held by a person into whose hands it may be followed. (2) Recoverable property obtained through uniawful conduct may be followed into the hands of a person obtaining it on a disposal by- (a) the person who obtained the property through the unlawful conduct; or (b) a person into whG5e hands it may, by virtue of this subsection, be follriwed. 85.--( l) Where property obtained through unlawful conduct (hereinafter in this section referred to as the original property) is or has been recoverable, any property that represents in whole or in part, directly or indirectly. the original property, is also recoverable property. (2) Where a person enters into a transaction by which- (a) that µc:rsun disposes of recoverable property, whether the original property or property which, by virtue of this Part. represents original property; and (b) he obtains other property in place of it, the other property represents the original property. (3) If a person disposes of recoverable property that represents the original property, the property- (a) may be followeu into the hands of the person who obtains it; and (b) t:ontinues to represent the original property. 86.--( l) Sub.section (2) applies if a person's recoverable property is mixed with other property, whether belonging to that person or any oth~r person. Propcny obrnm~d !ilrOIJ~ll unlawfol conduct 93 Tracing property, CIC Mixed propcny.

94 PROCEEDS OF CRIME (2) The portion of the mixed property that is attributable to the recoverable property represents the property obtained through unlawful conduct. 87.---{l) This section applies where a person who has recoverable property obtains further property consisting of profits accruing in respect of the recoverable property. (2) The further property shall be treated as representing property obtained through unlawful conduct. 88.----{1) Where- (a) a person disposes of recoverable property; and (b) the party who obtains the property on the disposal does so in good faith, for valuable consideration and without notice that the property was recoverable proper! y, the property may not be followed into that party's hands and ceases to be recoverable. (2) If recoverable property is vested, forfeited or otherwise disposed of in pursuance of powers conferred by virtue of this Part, the property ceases to be recoverable. (3) Recoverable property ceases to be recoverable if- (a) the property consists of a payment made to the claimant, or property otherwise obtained by the claimant, from the defendant in pursuance of a judgment in civil proceedings, whether in Jamaica or elsewhere; and (b) the claimant's claim is based on the defendant's unlawful conduct. (4) Recoverable property ceases to be recoverable if the property consists of a payment made to a person in pursuance of an order for restitution or the payment of compensation under any other law. (5) Property is not recoverable while- (a) a restraint order applies to the property under section 33; or (b) a forfeiture order made under any other law is in force in respect of the property l'fhe indu,ion of this page is authocized by L.N. 11/2010] Profits accruing m respect of recoverable property General exceptions

PROCEEDS OF CRIME ( 6) Property is nPt ws0vcrnble in relatinn to any rcrson if the property has br..:11 taken into account in deciding the amoum of that rci son's bcncfi t from cri rnm.:d conduct for the purpose of rr:.....,cing- (c:) a forfeiture orJer or pecuniary penalty order, or (b} a forfeiture order under any other law, and, in relation to an order mentioned in paragraph (b ), the reference to the amount of a person's benefit from criminal con￾duct shall be construed as a reference tu the corresponding amount under the enactment in question. (7) Wherc- (a) a person enters into a transaction to which section 85(2) applies; ;_md (b) the disposal is one to which subsection (1) or (2) applies, this section does not affect the recovernhility {by virtue of section 85(2)) of any property obtained on the transaction in place of the property disposed of. 89.----( l) Where a person grants :m interest in recoverable property, the question whether the interest is al so recoverable shall be determined in the same. m,rnner as on any other disposal of recoverable property. (2) On the grant of an interest in n.:coverable property- (a) where the property is property obtained through unlawful conduct. the interest shall also be treated as obtained through that conduct; (b) where the property represents, in the hands of the granter, property obtairn:d through unlawful conduct 1 the interest shall also be treated as representing, in the grantor's hands, the property so obtained. 90.-(l) This section applies to recoverable prope11y, or property associated with recoverable property, if- (a) the property is an asset of a company being wound up in pursuance of a resolution for voluntary winding up: (b) the property is an asset of any entity and a deed of 95 Grant of 111\ere,t ,n rewv~rnhle propcr1y Insolvency.

In terpret;at; rm PROCEEDS {)f ( Rl.\fl arrangl.!mcnt under sect1lm 'i2 11!" the B~mkruptcy ,'\L·t has efft:ct in relation tu the entity; (c) an order under section 23 uf the Bankruptc~ :..::t (appointment nf receiver) has cff~·ct in rcl::iti\m tu th:: property; (d) the property is an assd or an indivit.lml in respect nl \vhom a provisional or absolute urJcr for bankruptcy has effect under the Bankruptcy An (2) Proceedings for ;1 recovery urder m.1y not be tab:n or cont111ucd in respect of prl)pcrty to which this section applies, unless- (a) the appropriate cnurt gives leave; and (h'1 the proceedings arc tJken or continued. as the case may be, in accordance with any terms imposed by that court. (3) An application fnr an order for the further detention of any cash to wh1 ch this section arr 1 ics may not be made under section 76 unless the .1ppropri ate Cl nirt gi vcs lea vc. ( 4) An application under this section for le:1vc to tJ.kc￾proceedings for a recovery order ma~ be made without nut1cc to ,my person. (5) Subsection (4) does not affect any requirement for notice of an applicutinn to be given to thL· Director's receiver. ( 6) In this section, ;'the appropriate court" means the court that is the applicable court for the purposes of the relevant resolution, deed of arrangement, or provisional or absoluk order, mentioned in subsection ( 1 ). PART V Mnney Laundering 91.---{ I) For the purposes of this Part- ( a) property is crirni na l property i f it constitutes a person's benefit from criminal comluct or represents such a benefit, in 1,,vho!e or in part and whether directly or indirectly (and 1t is iITlJnatcnal who carried out or bencfitted from the conduct;; (b) money laundering is an act w"hich-

PROCEEDS OF CRIME (i) constitutes an offence under section 92 or 93; (ii) constitutes an attempt, conspiracy or incite￾ment to commit an offence specified irt sub￾paragraph (i); or (iii) constitutes aiding, ah~tting, counselling or procuring the commission of an offence specified in sub-paragraph (i); (c) a disclosure to a nominated officer is· a disclosure that- (i) is made to a person nominated by the alleged offender's employer to receive disclosures under this Part; and (ii) is made in the course of the alleged offender's_ employment and in accordance with the procedure established by the employer for the purpose, and references to a "nominated officer" shall be construed accordingly; ( d) for the purposes of paragraph ( c )-- (i) references to a person's employer include- (A) any body, association or organization (including a voluntary organization) in connection with whose activities the person exercises a function (whether or not for gain or reward); and (B) where the employer is a company, a parent company of that company or a subsidiary company of that parent company; and (ii) references to employment shall be construed accordingly; [The inclusion of this page is authorized by L.N. 128/2016] 26/2013 S. 8(a). 97

98 Fourth Schedule. 26/2013 S. 8(b). PROCEEDS OF CRIME (e) "authorized disclosure" means a disclosure made under section 100(4); (/} "authorized officer" means- (i) a constable; (ii) a customs officer; or (iii) an officer of the Ager -,,; (ff) "business in the regulated sector" has the meaning specified in section 94 for determination in accordance with the provisions of the Fourth Schedule. *(g) "competent authority" means the authority from time to time authorized in writing by the Minister to- (i) monitor compliance by any type of business · in ·the regulatec ..sector, with the require￾ments of this Part and any regulations made under this Part; and (ii) issue guidelines to businesses in the regu￾lated sector regarding effective measures to prevent money laundering; (h) "designated authority" means the Chief Technical Director of the Financial Investigations Division of the Ministry responsible for finance, or such other person as may be designated by the Minister by order. (2) For the purposes of sections 92, 93 and 99- ( a) the appropriate consent is- (i) if an authorized disclosure is made to a nomi￾nated officer, the consent of the nominated officer to do a prohibited act; (The inclusion of this page is authorized by L.N. 128/2016]

PROCEEDS OF CRIME (ii) if an authorized disclosure is made to a constable, the consent of the constable to do a prohibited act; (iii) if an authorized disclosure is made to a customs officer, the consent of the customs officer to do a prohibited act; (iv) if an authorized disclosure is made to an officer of the Agency, the consent of that officer to do a prohibited act; ( b) a person shall be deemed to have the appropriate consent if the person makes an authorized disclosure to an authorized officer and- (i) before the end of the notice period the person is not notified by the authorized officer that consent to the doing of the ~t is refused; or (ii) the person is so notified before the end of the notice period, but ten days have passed since the receipt of the notice. (3) The notice period referred to in subsection (2) and section 99 is the period of seven days ( exclusive of Saturdays, Sundays and public general holidays), starting with the first day after the person makes the disclosure. (4) References in subsection (2) and sections 99 and 100 to a prohibited act are references to an act prohibited by section 92 or 93. 91A.--{l) In addition to any other functions of a competent authority under this Part, and without prejudice to any other :functions which that ·competent authority rriay exercise under any other enactment, a competent authority shall exercise the :functions set out in subsection (2) for the purpose bf'ensuring [The inclusion ofthis page is authorized byL.N. l28/2016] 99 Functions of competent authority. 26/2013 S. 9.

100 PROCEEDS OF CRIME that any business in the regulated sector which that competent authority is responsible for monitoring operates in compliance with this Act and any regulations made under this Act. (2) A competent authority- (a) shall establish such measures as it thinks fit, including carrying out, or directing a third party to carry out, such inspections or such verifi-.:: :1tion procedures as may be necessary; (b) may issue directions to any of the businesses concerned; and the directions may require the business to take measures for the prevention or detection of, or reducing the risk of, money laundering or terrorist financing; (c) may examine and take copies of information or docwm:nts in the possession or control of any of the businesses concerned, and relating to the operations of that business; (d) may share information, pertaining to any examination conducted by it under this section, with another competent authority, a supervisory authority or the designated authority, or an authority in another jurisdiction exercising functions analogous to those of any of the aforementioned authorities- (i) other than info1mation which is protected from disclosure under this Act or any other law; and (ii) subject to any terms, conditions or under￾takings which it thinks fit in order to prevent disclosure of the kind referred to in sub￾paragraph (i) and secure against the com￾promising or obstruction of any investigation in relation to an offence under this Part or any other law; [The inclusion of this page is authorized by L.N. l 28/2016]

PROCEEDS OF CRIME (e) may require the businesses concerned, in accordance with such procedures as it may establish by notice in writing to those businesses- (i) if a registration requirement does not already exist under any other law, to register with the competent authority such particulars as may be prescribed; and (ii) to make such reports to the competent authority in respect of such matters as may be specified in the notice. (3) Nothing in' subsection (2)(c) shall be construed as requiring an attorney-at-law to disclose any information or advice that is subject to legal professional privilege. (4) Subsection (3) does not apply to information or other matter that is communicated or given with the intention of furthering a criminal purpose. (5) A business in the regulated sector which fails to comply with any requirement or direction issued to it under this Part by the competent authority, corrunits an offence and is liable- (a) on swnmary conviction before a Resident Magistrate, to a fine not exceeding two hundred and fifty thousand dollars; or (b) on indictment before a Circuit Court, to a fine not exceeding one million dollars. ( 6) Where a business which is convicted of an offence under subsection (5) is registered, or is the holder of a licence or other form of permit in respect of its operations under a regime administered by the competent authority concerned, the conviction for the offence shall be deemed to constitute grounds on which the registration, licence or other form of permit may be suspended or revoked; and the competent authority may, if it thinks fit, act accordingly. [The inclusion ofthis page is authorized by L.N. 128/2016] 100.01

100.02 Concealing, etc., criminal property. PROCEEDS OF CRJME 92.-{1) Subject to subsection (4), a person commits an offence if that person- ( a) engages m a transaction that involves criminal property; (b) conceals, disguises, disposes of or brings into Jamaica any such prope1ty: or (c) converts, transfers or removes any such property from Jamaica, and the person knows or has reasonable grounds to believe, at the time he does any act refen-ed to in paragraphs (a), (b) or (c), that the property is criminal prope11y. (2) Subject to subsection (4), a person commits an offence if that person enters into or becomes concerned in an arrangement that the person knows or has reasonable grounds to b'elieve facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person. (3) For the purposes of this section, concealing or disguising property includes concealing or disguising the nature of the prope11y, its source, location, disposition, movement or ownership or any rights with respect to the property. ( 4) A person does not commit an offence under sub￾section ( 1) or (2) if- (a) before doing any act described in subsection (1) or (2), the person makes an authorized disclosure and has the appropriate consent to act; (b) the person- (i) intended to make such a disclosure before doing the act and has a reasonable excuse for not doing so; and (ii) does make such a disclosure on his own initiative as soon as is reasonably practicable after doing the act; or [The inclusion of this page is auU1orized by L.N. !28/2016]

PROCEEDS OF CRIME (c) the person acts in good faith in the exercise of a function relating to the enforcement of any pro￾vision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct. 93.-{l) Subject to subsections (2) and (3), a person commits an offence if that person acquires, uses or has possession of criminal property and the person knows or has reasonable grounds to believe that the property is criminal property. (2) A person does not commit an offence under subsection ( 1) if- ( a) before doing any act described in subsection (1 ), the person makes an authorized disclosure and receives the appropriate consent to act; (b) the person- (i) intended to make such a disclosure but has a reasonable excuse for not doing so; and (ii) make such a disclosure on his own initiative as soon as is reasonably practicable after doing the act; (c) the person acquired, used or had possession of the property bona fide and without notice that the property is criminal property; or (d) the person acts in good faith in the exercise of a function relating to the enforcement of any provision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct. (3) An attorney-at-law shall not be taken to engage in money laundering to the extent that he receives bona fide fees for legal representation. [The inclusion of this page is authorized by L.N. 128/2016] 100.03 Acquisition, use 1111d possession of criminal property.

100.04 Non￾disclosure by a person in the regulated sector. Founh Schedule. 26/2013 S. 10. PROCEEDS OF CRIME 94.-{1) The provisions of the Fourth Schedule shall have effect, for the purposes of this Part, in determining what lS- (a) a business in the regulated sector; (b) a supervisory authority. (2) A person commits an offence if- (a) that person knows or believes. or has reasonable grounds for knowing or believing, that another person has engaged in a transaction that could constitute or be related to money laundering; (b) the information or matter on which the knowledge or belief is based or which gives reasonable grounds for such knowledge or belief, came to him in the course of a business in the regulated sector; and (c) the person does not make the required disclosure as soon as is reasonably practicable, and in any event within fifteen days, after the information or other matter comes to him. (3} For the purposes of subsection (2)(c), the required disclosure is a disclosure- (a) to a nominated officer; or (b) to the designated authority, in the form and manner prescribed for the purposes of this sub￾section by regulations made under l 02, of the information or other matter on which the knowledge or belief is based, or which gives reasonable grnunds for the knowledge or belief, that another person has engaged in a transaction that could constitute or be related to money laundering. (4) For the purposes of this section, a business in the regulated sector shall, in relation to each customer- [Th~ inclusion or this p.igc is authmized by L.N. 12B/2016]

PROCEEDS OF CRIME (a) make and retain for a period of not less than seven years or such other period as the supervisory authority shall in writing direct, a record of all- (i) complex, unusual or large business trans￾actions canied out by that customer with the business; and (ii) unusual patterns of transactions, whether completed or not, which appear to the person to be inconsistent with the normal trans￾actions carried out by that customer with the business; and (b) pay special attention to all business relationships and transactions with any customer resident or domiciled in a territory specified in a list of applicable territories published by notice in the Gazette by a supervisory authority for the purposes of this paragraph, so as to ensure that the background and purpose of all such relationships and transactions are examined and the findings thereon set out in writing- (i) in accordance with procedures set out in regulations made under this Part; and (ii) made available, upon request, to the de￾signated authority, a supervisory authority or the competent authority concerned, as the case may require. (5) A person does not commit an offence under this section if- (a) he has a reasonable excuse for not disclosing the information or other matter; [The inclusion of th is page is authorized by L.N. 128/20 l 6] 101

102 PROCEEDS OF CRIME (b) he is an attorney-at-law and the information or other matter came to him in privileged circumstances; or (c) subsection (6) applies to him. (6) This subsection applies to a person if the person- (a) does not know or suspect that another person is engaged in money laundering; and (b) has not been provided by his employer with such training as is specified by the Minister by regulations made for the p~oses of this section. (7) In deciding whether a person committed an offence under this section or section 95, the Court shall consider whether the person followed- (a) any relevant guidance that was at the time concemed- (i) issued by a supervisory authority or any other body that regulates, or is representative of, any trade, profession, business or employment carried on by the alleged offender; (ii) approved by the Minister; and (iii) published in the Gazette; and (b) the procedures prescribed by regulations made under this Act for the purpose of the prevention or detection of money laundering. (8) Information or other matter comes to an Attorney￾at-Law in privileged circumstances if it is communicated or given to him- [The inclusion of this page is authorized by L.N. 128/2016]

PROCEEDS OF CRJA/£ (a) by, or by a representative of, a client of his in connection with the gi'ing by the Attorney-at-Law of legal advice to the client; (b) by, or by a representative of, a person seeking legal advice from th<.: Attorney-at-Lav,.: or (c) by a person in connection with legal proceedings or contemplated legal proceedings: Provided that this subsection doc:s not apply to information or other matter that is communicated or given with the intention of furthering a criminal purpose. (9) The Minister may by order, subject to affirmative resolution, amend lhe Fourth Schedule. 95.--{ l) A nommatcJ officer commits an offence if- (a} the nominated officer knows or believes, or has reasonabk grounds for knowing or believing, that another person has engaged in a transac.:tion that could constitute or be related to money laundering; (b) the informarion or other matter on which his knowledge or belier is based or which gives reasonable grounds for such knowledge or belief, as the case may be, cami.: to the nominated officer in consequence: of a disclosure made under section 94; and (c) the nominated officer fails, vrithout reasonable excuse, to make the required disclosure as soon as is reasonably rractlcable, and in any event within fifteen days, after the information or matter comes to him. (2) For the purposes of subsection (l )(c), the required disclosure is a disclosure of the information or other matter- (a) to the designated authority; ,.md (b) in such form and manner as may be prescnbed for the purposes of this subsection by regulations made under section 102. fTh• inch1>ion nr Cho< r··~· "' •u•h•ro;nl by L.~. l 1/!0!0 I IU3 l·m1nh Sd1~(]uJi: ~1111- d1>dosu1 e h~ a no111111a1ed tJt'fo:n "' tl1c rcgul.,1eJ sector

104 Non￾disc losu r·e by ,1utlion2ecl officer. PROCEEDS OF CRIME 96.-(1) An authorized officer commits an offence if- (a) that officer knows or has reasonable grounds to believe that another person has engaged in money laundering; (b) the information or other matter on which that knowledge or reasonable grounds for belief is based came to the authorized officer in the consequence of a disclosure made under section 100; and (c) the authorized officer fails, without reasonable excuse, to make the required disclosure as soon as is reasonably practicable, or in any event within fifteen days, after the information or other matter comes to him. (2) For the purposes of subsection (1) (c), the required disclosure is a disclosure of the information or other matter- (a) to the designated authority; and (b) in such form and manner as may be prescribed for the purposes of this subsection by regulations made under section l 02. 97 .-( 1) A person commits an offence if.- (a) knowing or having reasonable grounds to believe that a disclosure falling within section 100 has been made, he makes a disclosure which is likely to prejudice any investigation that might be conducted following the first mentioned disclosure; or (b) knowing or having reasonable grounds to believe that the enforcing authority is acting or proposing to act in connection with a money laundering investigation which is being, or about to be, conducted, he discloses information or any other matter relating to the investigation to any other person. (2) A person does not commit an offence under subsection (1) if- (The inclusion or this pH~· is authorized by L.N. ll/2010 J

P!WCEEDS OF CRJJ!E (a) in the cuse of a disdosure mentioned in subsection ( l) (a), at the time of making the disclosure the person did not know or suspect that the disclosure was likelv to be prejudicial as mentioned in subsection ( 1) (a): (b) the disclosure is made in carrying out a function that the person has relating to the enfor~ement of an:, provision of this Act or or any other enac\1,H:111 relating to criminal conduct or b~ncfit from l)nminal conduct; (c) the disclosure is to an attorney-at-la',,: tor the purpose of obtaining legal advice; (cl) the pl:rson is an attorr:cy-at-law and the disclosure falls within subsel.'.Uon (3 ): or (e) the disclosure is a disclosure to the competent authority. (3) A disclosure falls within this subsection if it is a disclosure- (a) to, or to a representative of, a client of the attorney-at￾law in connection with the giving by the attorn~y-at￾law of legal advice tD the client; or (b) to any person in connection with legal proceedings or contemplated legal proceedings: Provided that a disclosure docs not foll within this subsection if the disclosure is made with the intention of funbering a criminal purpose. 98.-{ I) A person who commits l.ln offence under section 92 or 93 is liable- (a) on conviction before a Resident Magistrate- (i) in the case of an indiviJuaL lo J fine nut exceeding three rn11lion dollars or 10 imprisonment for a lerm not exceeding five years or lo both such tine and imprisonment, (ii) in the case of a body corporate, to a fine not exceeding five million dollars: [ Tht- ,11du.Jinn nr U111 JIDl!e •• 1uthot11cd' b~ L~. 11/20111 I IO 5 Pcnal!im

\06 Approproatc cun,cnt by nomrnatw 1,m,,r PROCEEDS OF CR!.WE (b} on convtction on indictment before a Circuit Court- (i) in the cJsc of an individual, to a fine or 1mr,risonmcnt for a rerm nut exceeding twenty years or to both such fine and imprisonment, (ii) in the case of a body corporate, to a fine. (2) A person whu commits ;.in offence under section 94, 95, 96 or 97 is liablc- (a) on conviction before a Resident Magistrate, to a fine not exceeding one million dollar~ or to imprisonment for a term not exceeding twelve months or to both such line and imprisonment; (b) on conviction on indictment before a Circuit Court, to a fine ur imprisonment for a term not exceeding ten years or to both sucl1 fine and imprisonment. (3) SubJec.t to affirmative resolution, the Minister may by order amend by any penalty imposed under this s,~ction or section 99. 99.--{1) A nominated officer shall not give the appropriate consent to the doing of a prohibiteu a<.:t unless the officer makes a disclosure that property is criminal property to the designated authority, and- (a) the designated authority gives consent to the doing of the act; (b) before the end of the notice period, the officer is not notified by the c.lesignut<.:d authority that consent to the doing of the act is ref useu: or (c) before the end of the notice period, the officer is so notified, but ten days have passed since lhe officer re(.;eived the notice. (2) A nominated offil:cr commits nn offence if.- (a) he gives consent to a prohibited act in circumstances

PROCEEDS OF CRl!v!E where none of the provisions of subsection (1) (a), (b) or (c) is satisfied; and (b) he knows or has reasonable grounds to believe that the act is a prohibited act. (3) A nominated officer who c01mnits an offence under subsection (2) is liable- (a) on conviction before a Resident Magistrate, to a fine not exceeding one million dollars or to imprisonment for a tem1 not exceeding twelve months or to both such fine and imprisonment; (b) on conviction on indictment before a Circuit Court, to a fine or to imprisonment for a term not exceeding five years or to both such fine and imprisonment. (4) The designated authority may give oral notice of its consent, or refusal of consent under this section, but shall as soon as is reasonably practicable, and in any event, within five days after giving the oral notice, send a written form of the notice to the nominated officer. 100.---{1) A disclosure is protected under this section if it satisfies the condition referred to in subsection (3). (2) A protected disclosure shall not be taken to breach any restriction on the disclosure of information, however imposed. (3) The conditions mentioned in subsection (1) are that- (a) the information or other matter disclosed crune to the person making the disclosure in the course of that person's trade, profession, business or employ￾ment; (b) the information or other matter causes the person making the disclosure to know or believe, or to have reasonable grounds for knowing or believing, that another person has engaged in money laundering; and (c) the disclosure is made to an authorized officer or nominated officer as soon as is reasonably practicable [The inclusion ofthis page is authorized byL.N. !28/2016] 107 Protected and authorized disclosures.

108 26/2013 S. 11. Cross border movement of fund. PROCEEDS OF CRIME after the information ur other matter, which gives rise to the knowledge or belief or reasonable grounds for such knowledge or belief, comes to the person making the disclosure. (4) For the purposes of this Part, a disclosure is authorized if- (a) it is a disclosure to an authorized officer or nominated officer of information or other matter that causes the person making the disclosure to know or believe, or to have reasonable grounds for knowing or believing, that property is criminal property; (b) it is made in such form and manner as may be pre￾scribed for the purposes of this section by regulations made under section 102; and (c) the first or second condition referred to in subsection (5) is satisfied. (5) The conditions mentioned in subsection (4)(c) are as follows- (a) firstly, that the disclosure is made before the person making the disclosure does the prohibited act; (b) secondly, that- (i) the disclosure is made after the person making the disclosure does the prolµbited act; (ii) the person has a reasonable excuse for failing to make the disclosure before doing the act; and (iii) the disclosure is made on the person's own initiative and as sooi;i as it is reasonably practicable for him to make it. ( 6) An authorized disclosure shall not be taken to breach any restriction on the disclosure of information, however imposed. 101.--(1) In this section, references to "cash" shall be con￾strued as including references to bearer-negotiable instruments .. [The inclusion of this page is authorized by L.N. 128/2016]

PROCEEDS OF CRIME (2) A person who transports or causes the transportation of cash into or out of Jamaica, exceeding ten thousand dollars in United States currency or its equivalent in any other currency or such other amount as may be prescribed, shall (in such form and manner as may be prescribed by the Minister by order and before the transportation takes place) report to the designated authority- (a) the fact and the amount being transported; (b) particulars about the carrier; ( c) the source of the funds; (d) the purpose for which the funds are being transported. (3) A person who fails to make a report as required by subsection (2) commits an offence and is liable on summary conviction before a Resident Magistrate to a fine not exceeding 108.01 two hundred and fifty thousand dollars or treble the amount of 2612013 cash transported, whichever is the greater or to imprisonment for s. 12- a term not exceeding three months or to both such fine and imprisonment. lOlA.--{l) Subject to subsection (2), a person shall not- (a) pay or receive cash in excess of the prescribed amount in a transaction for the purchase of any goods or services or for the payment or reduction of any indebtedness, accounts payable or other financial obligation; or (b) artificially separate a single activity or course of activities into a set of transactions so that each transaction involves a payment and receipt of cash that is less than the prescribed amount but which activity or course of_ activities in the aggregate involves payment and receipt of cash that exceeds the prescribed amount. " (2) Subsection (1) shall not apply t~ (a) a payment made to or by a'permitted person;_ 1 (b) an exempted person; or (The inclusionofthis page: is authorized by LN. 128/2016) Limit on cash transaction. 26/2013 s. 13.

108.02 PROCEEDS OF CRIME ( c) an exempted transaction. (3) Where the Minister is satisfied that it is in the public interest to do so, the Minister may, by order subject to affirmative resolution, exempt a person or a particular type of transaction from the requirements of this section. . ( 4) A person who contravenes subsection ( 1) commits an offence and is liable- ( a) on summary conviction before a Resident Magistrate, to a fine not exceeding three million dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment; or (b) on indictment before a Circuit Court, to a fine or to imprisonment for a term not exceeding ten years or to both such fine and imprisonment. (5) Nothing in this section affects the enforceability of transactions in civil proceedings. ( 6) In this section- ~'cash" means notes and coins- (a) of the currency of the Island issued by the Bank of Jamaica, pursuant to the Bank of Jamaica Act; or (b) issued by the authority responsible for the issue of notes or coins of any other country which is designated as the legal lender of the country and which circulates and is customarily used and accepted as a medium of exchange in the country of issue. ''exempted person" or "exempted transaction" means a person or transaction in relation to which the Minister has made an order under subsection (3 ); "permitted person" means any of the following persons acting in accordance with the regulatory requirements applicable to that person, namely- ( a) a bank licensed under the Banking Act; [The iRclusion of this page is authorized by LN. 128/2016]

PROCEEDS OF CRIME (b) a licensed deposit-taking institution that is regulated by the Bank of Jamaica; (c) a person licensed under the Bank of Jamaica Act to operator an exchange bureau; (d) any other person that the Minister may, by order subject to affirmative resolution, prescribe for the purposes of this subsection; "prescribed amount" means- ( a) the amount of one million dollars or its equivalent (as at the date of the relevant transaction) in any other currency; or (b) such other amount as the Minister may, by order subject to affinnative resolution, prescribe. 109 102.-(1) The Minister may make regulations- Regulations. 26/2013 (a) prescribing the form and manner in which a disclosure s. I4(a). under sections 94, 95, 96 or 100(4) shall be made, and different forms may be prescribed for different 2612013 categories of businesses in the regulated sector; s. 14 <b). (b) subject to affirmative resolution, prescribing the 26/2013 programmes, policies, controls and procedures to be s. 14 (c). implemented by businesses in the regulated sector; and (c) requiring financial institutions to report, in the form and manner prescribed, cash transactions involving an amount prescribed for the purposes of this paragraph by regulations, subject to affirmative resolution. (2) Regulations under this section may also provide that the form referred to in subsection (l)(a) may include a request to the person making the · disclosure to provide additional infonnation specified in the form. (3) The additional information mentioned in subsection (2) is information that is necessary to enable the person to whom the disclosure is made to decide whether to start or continue a money laundering investigation. [The inclusion of this page is llllthorized by L.N. 128/2016] 26/2013 s. l4(d).

110 Interpretation. PROCEEDS OF CRIME (4) A disclosure made in pursuance of a request under subsection (2) shall not be taken to breach any restriction on the disclosure of information, however imposed. (5) References to a ''money laundering investigation" shall be construed in accordance with section 103. ' (6) Subsections (l)(a) and (2) do not apply to a dis￾closure made to a nominated officer. (7) Regulations made under this section may provide for penalties in excess of the amounts specified in section 29 of the Interpretation Act for breach of any provision of such regulations. PART VI. Investigations 103. For the purposes of this Part- "appropriate officer" means- ( a) in relation to a forfeiture investigation, the Director, an authorized financial investi￾gator, or an authorized officer; (b) in relation to a civil recovery investigation, the Director; (c) in relation to a money laundering investi￾gation, an authorized financial investigator or an authorized officer; "authorized officer" means- ( a) a constable; (b) a customs officer; or (c) an officer of the Agency or any other person so designated by the Minister by order for the purposes of this Part; "civil recovery investigation" is an investigation into- ( a) whether property is recoverable property or associated property; (b) who holds the property; or [The inclusion of this page is authorized by L.N. 128/2016]

I'ROCEElJS OF CIUME (c) the extent or whereabouts of the property: Provided that :1:a investigation is not a ci vi I recovery inves1igation if- (i) proceedings for a recovery order have been started in respect of the property m question; (ii) an interim receiving order applies to the property in question; or (iii) the property in question is detained under section 76; ''document" has the same meaning as m section 31 H of the Evidence Act; "excluded material" mcans- (a) medic,d records; (b) human tissue or fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence; "forfeiture investigation" means an investigation into-- (a) whether a person has benefited from his criminal conduct; or (b) the extent or location of a person's benefit from his criminal conduct; "Judge" means a Judge of the Supreme Court; "money laundering investigation" means an investigat10n into whether a person has committed a money laundering offence; "senior appropriate officer" means- (a) in relation to a forfeiture investigation- (i) the Director; (ii) a member of the Constabulary Force not below the rank of super￾intendent; I Th~ inch1'1on or ,hi• pag< i, ... ,horlud hr , .. 'Ii, 1 J 120!0 [ 111

J 12 Offc:11ccs prCJud1c1ng invesugm1on PROCEEDS OF CRJ,-fL (iii) a customs officer who is not below suc.h grade as is designated by the Commissioner of Customs ;is equivalent to the rank mentioned in sub-paragraph (ii); (iv) an authorized financial investigator; ( v) any other person so designated by the Minister by order for the rurposes of thi, Part; (b) in relation 10 a civil recovery investigation, the Director; (c) in relation to a money laundering invest￾igation- (i) a member of the Constabulary Force who is not below the rank of super￾intendent; (ii) a customs officer who is not below such grade as is designated by the Commissioner of Customs as equivalent lo the rank referred to in sub-paragraph (i); (iii) an authoriz1.:d financial investi￾gator; (iv) any other person designated by the M inistcr by ord~r for the purposes of this Part. 104.-{ I) This section applies if a person knows or has reasonable grounds to believe that an appropriate of:icer is acting, or proposing to act, in connection with 3 forfeiture inve~tig<1tion, a civil recovery investigation or ...i monl!y laundering investigation that is being or is about to be conducted. (2) The person commits an offence if- (a) he makes a d1sclosun: that is likely to prejudice thl' ITh~ io<lu .. on of 1111, p•c• " >Ulhnri,<d l>y LS. 11no10 I

PROCEEDS OF CRJME investigation; or (b) he falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents that are relevant to the investigation. (3) A person does not commit an offence under subsection (2)(a) if- (a) he does not know or have reasonable grounds to believe that the disclosure is likely to prejudice the investigation; (b) the disclosure is made in the exercise of a function under this Act or any other enactment relating to criminal conduct or benefit from criminal conduct or in compliance with a requirement imposed under or by virtue of this Act; or (c) the person is an attorney-ai-law and the disclosure falls within subsection ( 4 ). (4) A disclosure falls within this subsection if it is a disclosure- (a) to, or to a representative of, a client of the attorncy-at￾law in connection with the giving by the attorney-at￾law of legal advice to the client; or (b) to any person in connection with legal proceedings or contemplated legal proceedings: Provided that a disclosure does not fall within this subsection if the disclosure is made with the intention of furthering a criminal purpose. (5) A person does not commit an offence under subsection (2)(b) if- (a) he does not know or suspect that the documents are relevant to the investigation; or ( b) he docs not intend to conceal any facts disclosed by lhe documents from any appropriate officer carrying IThe inclu5ion of this page is authorized by L.:"li'. Il/20l0 I I 1.1

11.\ I )i\l'ltl\Uft: \1rdl·r:: PROCEEDS UF CR!.!E uut the invest1g,ttJ,,n 1,6) A rl'rs,ln \'ho cornrnitc; c111 uffcncc undn suhscction ( 2) IS Jtablc- (a) on co11vict1(,n hcforc a Rcsids.·nt '.\fagistratc. to a !inc: not ex_'L'cd111g unc milliun Jt1lbrs ur to imrri:;,i~ment for .t t·..:rm not exceeding !,'..:Iv~ month~ or 111 hoth such tine :md imprisonment, or· (h) on conviction un indidml'l11 bL.:fr1r1_' a Circuit Court, to a fine \H tu impnsonrncnt !ur a term 1wt cx....-,_,,;;.Jing kn years or to btit\i such fine and i1nrris(Jt1me11t. (7) Nothing 1n this section prohibits a dic;c]osurc made lO Lin: competent authority by a businc:-..s in the r(:gulated Sl'.clur 111 respl'cl of 3 money LiunUL'ring invcstig,itiun nr any order served upon that business pursuant to this PJrt. Disciusure ord!'J'S 105.-{l) A Judge may, nn ,m application made to him by an apprupriatc ofiicer, mJ.kc a d.sclosurc order if he is satisfied that each nf thi; requirements for the making ur the order is fulfilled. (2) The applicc'.tion for ~1 disclosure order shall state that- (.:i) a person speciti-.:J 111 lhe ,1pplicatinn i:~ subject to a forfeiture inYest1ga1ion or a money laundering im·cstigalion, or that propt:rty specified in the iJpplical11~n is subject ID a c1vi! recovery investigation; (h) thc order is snugh! fur the purposes or the in vest i gal! on; {c) the order is sought 111 relation to infonnation or material, or infornrntion or rn<1terial of a description, specified in the applicatil1n. (r/) a person specified in the: apr,licat10n appears to be in possession or control of the information or material. (3) A disclosure order is an order-

PROCEEDS OF CRI/1-!E (a) requiring the person specified under subsection (2)(d) to produce the information or material to an appropriate orticer for the officer to t<1ke the information or material away; (h) requiring thaL person to give :m appropriate officer access to the information or material, within the period stated in the order; or (c) requiring that person to answer questions, either at a time specified in the order or at once, at a place so specified. (4) The period stated under :iubsection (3)(b) shall be a period of seven days beginning with the day on which the order is served: Provtded that the Judge by whom the order is made may specify a shorter or longer period if satisfied that such shorter or longer period would be appropriate in the particular ci re um stances. 106.-(1) Before mt1king a disclosure order, the Judge shall be satisfied that there nre- (a) reasonable grounds for believing that- ( i) in the 1,;ase of a forfeiture in vcstigation. the person that the application for the order specifies <is being subject to the invesligation has benefited from his criminal conduct; (ii) in the case of a civil recovery investigation, the property that the upplication for the order specifies as being subject to the invesLigation is recoverable property or associated property; (iii) in the case of a money laundering investi￾gation, the person that the application for the order specifies as being subject to the investigation has committed a money laundering offence; 115 Requ1rcnien1s ror ma~lflg 11 d"~lmmr ,)rdrr

I 16 PROCEEDS OF CR!:'v!E Order 10 grn11t entry (b) reasonable grounds for believing that the person that the application for the order specifies as appearing to be in possession or control of the information or material so specified is in possession or control of the information ur material; (c) rcas0nable grounds for believing that the information or material is likely to be of substantial value, whether or not by itself, to the investigation for the purposes of which the order is sought; and (d') reasonable grounds for believing that it is in the public interest for the in fonm1tian or material to be prodvced or for acces~ to the information or material to be givl?.n, having regard to- (i) the benefit likely to accrue to the investi￾gation if the information or material 1s obtained; and (ii) the circumstances under which the in￾formation or material is held by the person named in the application as appearing to be in possession or control of the information or material. (2) An order under section I 05(3)(a) shall not be made in respect of accounting records used in the ordinary business of banki:1g, including ledgers, day-books, cash honks and account books. (3) A person who is required to produce any records referred to in subsection (2) may apply to a Judge m Chambers for a variation of the order aml if the Judge is satisfied that the records are c~sentinl to the business activities of that person, the Judge may vary the disclosure order so that it requires the person to give the appropriate officer access to the record. I 07 .-( 1 ) This section applies if a Judge makes a Ji sclosure order re4uiring a person to give an appropriate officer access to infonnatrnn or material on any premises.

PROCEEDS OF CRJME (2) The Judge may, on an application made to him by an appropriate officer and specifying the premises, make an order to grant entry in relation to the premises. (3) An order to grant entry is an order requmng any person who appears to an appropriate officer to be entitled to grant entry to the premises, to allow the officer to enter the premises to obtain access to information or material that is the subject of a disclosure order. 108.-( 1) A disclosure order does not reqmre a person to produce, or to give access to- (a) any information or material which the person would be entitled to refuse to produce on the grounds of legal professional privilege in proceedings in the Supreme Court; or (b) excluded material (2) Subject to subsection (I), a disclosure order has efrect notwithstanding any restriction on the disclosure of information, however imposed. (3) An appropriate officer may take copies of any information or material that is produced, or to which access is given, in compliance with a disclosure order. (4) Information or material produced in compliance with a disclosure order may be retained for so long as it is necessary to retain it in the original form in connection with the investigation for the purposes of which the order was made: Provided that if an appropriate officer has reasonable grounds for believing that- (a) the information or material may need to be produced for the purposes of any legal proceedings; and (b) it might otherwise be unavailable for those purposes, the information or material may be retained until the proceedings are concluded. 109.-(1) This section applies if any of the information specified in an application for a disclosure order consists of ITh, inclo,ion of 1hi• page is authorized by Lf';. 11/2010 I I;. Prodl1ctiori, cor,ying and retenlion of information or materi11l. Electronic. information.

11~ l'ROCEEDS OF ( 'RJAfE mforrnarion containe<l in a l'.Omputer or stored in electronic form. t2) If the disclosure order requires a person to produce the information to un appropriate officer for the officer to take the inforrnatiun away, Lhe order has effect a~ an order to produce the information in a form- (a) in which it can be taken away by the officer; and (b) th:.it is visible, legible and intelligible. (3) [f the disclosure order requires a person to give an appropriate officer access to the information, the order has effect as an order to give the officer access to the information in a form in which the information is visible, lt:g1ble and intelligible. (4) In subsections (5) and (6) and section 110- "key" in rdation to any protecte<l information means any key, code, password, algorithm or other data the use of which (with or withollt other keys)--- (a) allows access to the prot~cted information; or (b) facilitates the putting of protected information in intelligible form; "protected information" m1:uns any electronic data which, without the key to the data, cannot, or cannot readily, be accessed or put into intelligible form. ( 5) Subject to subsection ( 6 ), a person to whom a disclosure order is addressed- (a) shall be entitled to use any key in his possession to obtain access to the protected infonnation; and (h) in accordance with the order, shall produce the protected informatton in an intelligible form. (6) Where a disclosure order requires the person lu whom it is addressed to produce protected information in an intelligible form, that person shall be taken to have complied with the requirement if- (a) he makes, instead, a disclosure of any key to the l'l h~ lnch.1s:1on of tilt .. ,,_.~IC' is authorized b) Lr-.. 1 )/lOIO I

PROCEEDS OF CRIME protected information that is in his possession: and (b) the disclosure is made in accordanc~ with the order, with respect to tlw µerson to whom, and in the time in which, he was requested to disclose the information. (7) In this section and section 110- "electronic" mears relating to technology having electrical, digital, magnetic, wireless, optical, electro￾magnetic or similar capabilities; "electronic data" includes- (a) material in whatever form stored elec￾tronically; (b) the whole or part of a computer program; and (c) a representation suitable for processing elec￾tronically; 'information" includes data, text, images, sounds, codes, computer programs, software and databases. 110.-( 1) Where an appropriate officer has reasonable grounds to believe that- (a) a key to protected information is in the possession of any person; and (b) production of the ke)' is necessary for the purposes of the investigations in relation to which- (i) the appropriate officer makes, or intends lo make, an application for a disclosure order; or (ii) a disclosure order has been issued to the appropriate officer, the appropriate officer may apply to· the Judge for an ancillary order to be included in the disclosure order. (2) An application under subsection (1) may be made- (a) in any case referred to in subsection (l )(b)(i), at the I The 1nc'lu~rn11 o, thl1 p.1tg:.c: i1 a,i . .uhorbl."d by L.N. l t /2UI O I 119 Ancifl~ry order

120 PROCEEDS OF CRIME time of application for the disclosure order; (b) in any case referred to in subsection (l)(b)(ii), at any time after the making of the disclosure order. (3) Where the Judge grants an application under sub￾section (I), the Judge shall- (a) in the case of an application under subsection (2)(a), include the ancillary order in the disclosure order; (h) in the case of an application made under subsection (2)(b), vary the disclosure order to include the ancillary order. ( 4) An ancillary order shall- (a) describe the information to which it relates; (b) specify the time by which the order is to be complied with, being a reasonable time in all the circumstances; and (c) set out the disclosure that is required by the order and the form and manner in which the disclosure is to be made, and any such order may require the person to whom it is addressed lo keep secret the contents and existence of the order. (5) An ancillary order shall not require the disclosure of any key which- ( a) is intended to be used for the purpose only of generating electronic signatures; and (b) has not in fact been used for any other purpose. (6) In subsection (5), "electronic signature" means any￾thing in electronic form that- (a) is incorporated into, or otherwise logically associated with, any electronic information; IThe indusion of this paJ!C is authori1.ed by L:'>i. 11/2010 I

f'IWCEEIJS OF CRIM!:: (b) is generated by the signatory or otht'r soun.:e of lhe information; and (c) is used for the purpose of facilitating. by me:rns of a link betwt;en the signatory or other source anJ the information, the establishment of the authenticity of the information, the estuhlishmcnt of its integrity, or both. (7) In granting an ancillary order, the Judge sha[l- (a) take into account- (i) thL: extent and nature of any other in￾formation Ln aJJition to the information in question, to which the key is also n key; am! ( ii) any adverse effect that complying with the order might have on a business i..:arried on by the person Lo whom the order is addressed; and (b) require only such Jisc!osure as is proportionate to what is sought to be achieved, allowing, when: approrriate, for disclosure in such in~nncr ns would result in the putting of the informatiun in intdligihle form uthcr than by disclosure of the key itself. (8) An ancillary order shall not require Lhe making of any disclosure to a person other than the appropriate officer or su.::h other person as may be specified in the order. (9) Where an ancillary order requiring a<.:tcss to protected information ur the putting of protected information into intelligible form is addressed to a person who is- (a) not in possession of the protected information to which the order relates; ur (b) incapable, without the use of a key that is not in his possession, of obtaining acce~s to the protected information or producing it in intclligihlc form, he shall be taken to have complied with the order if he discloses 12!

122 PROCEEDS OF CRJN!E any key to the protected information that is in his possession. (10) It shall be sufficient for the purpose of complying with an ancillary order for the person to whom it is addressed to produce only those keys the production of which is sufficient to enable the person to whom they are produced to obtain access to the protected information and to put it into intelligible form. (11) Where- (a) the disclosure required by an ancillary order allows the person to whom it is addressed to comply with the order without disclosing all of the keys in his possession; and (b) there are different keys or combination of keys in the possession of that person the disclosure of which would constitute compliance with the order, the person may select which of the keys, or combination of keys, to disclose for the purpose of complying with the order. ( 12) Where an ancillary order is addressed to a person who-- (a) was in possession of the key but is no longer in possession of it; and (b) if he had continued to have the key in his possession, would be required by virtue of the order to disclose it; and (c) is in possession of information that would facilitate the obtaining or discovery of the key or the putting of the protected information into an intelligible form, that person shall disclose to the person to whom he would have been required to disclose the key, all such information as is mentioned in paragraph (c). (13) An appropriate officer who obtains an ancillary order shall ensure that such arrangements are made as are necessary for securing that- [The inclusion or this page is authorized by L.N. 1112010)

PROCEEDS OF CRIME (a) a key disclosed in pursuance of the order is L.lsed to obtain access or to put into intelligible form only the protected informatior, in relation to which the order was made; (b) every key disclosed in pursuance of the order is stored, for so long as it is retained, in a secure rnc.1nner, and any records of such key 3re destroyed as soon as no longer needed to access the protected information or put it into intelligible form; and (c) the number of- (i) persons to whom the key is disclosed or otherwise made available; and (ii) copies made of the key, is limited to the minimum that is necessary for the purpose of enabling the protected mformation to be accessed or put into an intelligible form. (14) An appropriate officer who knowingly contravenes subseclion ( 11) commits an offence and, upon conviction before a Resident Magistrate, is liable to a fine not exceeding one million dollars or to imprisonment for a term not exceeding twelve months, or to both :rnch fine and imprisonment. 111.----{l) A disclosure order may be made in relation to information or material in t:-ie possession or control of a Government department. (2) Tn this section- "Government company" means a ~ompany registered under the Companies Act, being a company in which the Government or an agency of the Government, by the holding of shares ur otherwise, is in a position to direct the policy of that company; "Government departme:1t'' or "department" means- (a) a Ministry, department or agency of Govern￾ment, (Tht ,nchu1on of lhu; pa~I! ia ruathonu.od by l .. N. J I {20J O I l'l" _., Government depanments

124 Offe11ces PROCEEDS OF CJUME (b) a Parish Council, municipality or the Kingston and Saint Andrew Corporation; (c) a .stalutory body ur autliority, ur (d) a Government company. (3) An order under subsection ( 1 )- (a) may require any officer of the department, whether named in the order or not, who may for the time being br: in possession or control of the information or material to comply with the order; (b) shall be served as if the proceedings were civil proceedings against the department. (4) Where an order under subsection (1) is served tn respect of a department- (a) the person on whom the order is served: and (b) any other officer of the department who 1s in receipt of thl.! order, shall take al! reasonable steps lo bring it lo the attention of the officer concerned. (5) If the order is not brought to the attention of the officer concerned within the period stated in Lhe order pursuant to section 105(3), the person on whom the order is served shall report the rea~uns for the failure to a Judge of the Supreme Court within seventy-two hours. 112.----{ I) A person commits an offence if the person fails, without reasonable excuse, to comply with a requirement imposed on him under a diselosure order. (2) A person who commits an offence under subsection (1) is liable upon cunviction before a Resident Magistrate to a fine not exceeding one million dollars or to imprisonment for a term not exceeding twelve months or to both such fine and i m pri so nmcnt. (3) A person commits an offence it: in purported com￾pliance with a requirement imposed on him under a disclosure ITh.:i 1ru:tu!I.H1t, of tl:u:1 p.11~t: U. :u . .Uhor1.1~d by L, . ..-. l l/lfl lO f

PROCEEDS OF CRIME order, he- (a) makes a ;;catement that he knows to be false or misleading in a material particular; or ( b) recklessly makes a statement that is false or mis￾leading in a material particular. ( 4) A person who commits an offence under subsection (3) is liable- (a) upon conviction before a Resident Magistrate, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment; (b) upon conviction on indictment before a Circuit Court, to a fine or to imprisonment for a term not exceeding five years or to both such fine and imprisonment. 113.-(1) Subject to subsection (2), a statement made by a person in response to a requirement imposed on that person under a disclosure order may not be used in evidence against him in criminal proceedings. (2) Subsection (1) does not apply- ( a) to proceedings under Part II ( confiscation pro￾ceedings); (b) on a prosecution for an offence under section 112 (1) or (3); (c) on a prosecution for an offence under the Perjury Act; or; (d) on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement referred to in subsection (1). (3) A statement may not be used by virtue of subsection (2)(d) against a person unless- (a) evidence relating to the statement is adduced; or [The inclusion of this page is authorized by L.N. 11/2010 J 125 R~~lrictio,1 on use of statements in evidence.

126 PROCEEDS OF CJUME SL,pplc￾mcn!My Se.arcl1 and se1:wrc warrall!, (b) a question relating to the statement is asked, by that person, or on his behalf, in the proceedings arising out of the prosecution. 114.-( 1) An application for a disclosure order or an order to grant entry may be made to a Judge in Chambers. (2) An application under subsection (1) may be madt: without notice and shall he in writing accompanied by an affidavit. (3) An application to discharge or vary a disclosure order or an order to grant entry may be made to the Court by- (a) the person who applied for the order; or (b) any person affected by the order, and the Court may discharge or vary the order. (4) Where an authorized financial investigator or an authorized officer applies for a disclosure order or an order to grant t:ntry, an application to discharge or vary the order need not be by the c;amt: authorized financial investigator or ,mthori1.ed officer, and references to the person who applied for the order shal! be construed accordingly. Seurch and seizure wurran(s 115.-{l) A Judge may, on an application made to him by appropriate officer, issue a sean.:h and seizure warrant if he is satisfied that- (a) a disclosure order made in relation to information or material has not been complied with and tbcre are reasonable grounds for believing that the information or material is on the premises specified in the· application for the warrant; or (b) section 116 is satisfied in relation Lo the warrant. (2) An application under suhsection (1) shall stale that- (a) a person specified in the application is subject to a

PROCEEDS OF CRJMF: forfeiture investigation or il money laundering investigation, or that property specified in the application is s~1bject to a civil recowry investigation; (b) the warwnt is sought for the purpose:;; of the investigation; (c) the wnrrant is sought in relation to the premises specified in the application; and (d) the warrant is sought in relation to information or materiJ I specified in the t1pplication, or that there arc reasonahlc grounds for believing that there ts mformation or material falling within section 116(6) on the premises. (]) A search und seizure warrant is a w::irrant authorizing an appropriate pcrson- (a) to enter and search the premises specified in the application for the warrant; and (b} to seize and retain any information or material found there which is likely to be of ~ubstantia! value, whether or not by itself, to the investigation for the purposes of which the arplication is made. (4) For the purposes of this section and section 116, an appropriate person is- (a) an authorized officer, if the warrant is sought for the purposes of a forfeiture investigation or a money laundering investigation; (b) a named member of the staff of the Agency, if the warrant is sought for the purposes of a civil recovery investigation. 116.-( l) This section is satisfieJ in rdation to a search and seizure warrant if- (a) subsection (2) applies; and (b) either of the conditions set out in subsection (3) (a) or 127 Req1memcn1s where tlisclo5ure order not 1w,1Jlable

128 PROCEEDS OF CRIME (b) is complied with. (2) This subsection applies if there are reasonable grounds for believing that- (a) in the case of a forfeiture investigation, the person specified in the application for the warrant has benefited from his criminal conduct; (b) in the case of a civil recovery investigation, the property specified in the application for the warrant is recoverable property or associated property; (c) in the case of a money laundering investigation, the person specified in the application for the wainnt has committed a money laundering offence. (3) The conditions are that- (a) it would not be appropriate to make a disclosure order for any one or more of the reasons specified in subsection ( 4), and there are reasonable grounds for believing that- (i) any information or material on the premises specified in the application for the warrant is likely to be of substantial value, whether or not by itself, to the investigation for the purposes of which the warrant is sought; and (ii) it is in the public interest for the information or material to be obtained, having regard to the benefit likely to accme to the investigation if the information or material is obtained; or (b) any one or more of the requirements set out in subsection (5) is met and there are reasonable grounds for believing that- (i) there is material on the premises specified in the application for the warrant and that the information or material falls within subsection (6); and IThe indusion of !his p•i• i5 authori,od by L.N. 1112010 I

PROCEEDS OF CRH!£ (ii) it is in the public interest for the information or material to be obtained, having regard to the bendit likely to accrue to the investigation if the information or matcnal is obtained, (4) For the purposes of subsection (3}(a), the reasons specified are that- (a) it is not reasonably practicable to communicate \'ith any person- (i) against whom the disclosure order could be made; or (i1) who wou!J be re11uired to comply with an order to grant entry to the premises; (b) the investig:.ition might be seriously prejudiced unless an appropriate pers::m is able to secure immediate access to the informatJOn ur material. (5) For the purpnses of subsection (3)(b). the require· ments are that- ( a) it is not reasonably practicable to commtmi-:ate with any person entitled tu grant entry to tbe premises; (h) entry to the premises will not be granted unless a wanant is produced; or (c) the investigation might be seriously prejudiced unless J.n appropriate person arriving at the premises is ahlc lo secur~ immcJiat~ entry to them. (6) For the purposes of subsection (3)(b)(i), information or material falls within this subsection if the information or material cannot be identified at the time of the application and- (a) in the case of a forfeiture investigation, the in· format10n or material- (i) relates ter- (a) the person specified in the application; or IThr indu110" of thi, P•~• l, •uthom..i ~y l,.N. 11/2010 I 129

130 Privileged 01 excluded material PROCEEDS OF CRIME (b) any question whelht.:r that person has benefited from his criminal conduct or as to the extent or whereabouts of his benefit from his criminal conduct; and (ii) is likely to be or substantial value, whether or not by itself, to the investigation for the purposes of which the warrant is sought; (b) m the case of a civil rt:covery investigation, the information or material- (i) relates to-- (A) th('. propcny specified 111 the appli￾cation: or (I3) any question whether it is recoverable or associated property, as to who holds any such property, whether the person who appears to hold any such properly holds other property which is recoverable property, or the whereabouts of any property mentioned in this sub-paragraph; and (ii) is likely to be of substantial value, whether or not by itself, to the investigation for the purposes of which the warrant is sought, (c) in the case of a money laundering investigation. the infmmation or materia- (i) relates to the person specified in the application or to the question whether that person has committed a money laundering offence: and (ii) is likr:ly to be of substantial value, whether or not by itself, to the investigation for the purposes of which the w~mant is sought. 117. A search and seizure warrant does not confer the right to seize any infonnation or material that a person would be able to I Tho lndu,rnn ur ,~;, po~< ;, aulhori"-d b~ L.N. l Lfl010 I

PROCEEDS OF C!UME refuse to produce on the grounds of legal professional privilege in proceedings in the Supreme Court. 118.---{ I) This section applies to search and seizure wammt.; sought for the purposes of a confiscation investigation, civil recovery investigation or a money laundering investigation. (2) An application for a warrant may he made without notice to a Judge in Chambers. (3) A warrant- (a) may be issueu .subject to condiuons; (b) continues in force until the cnJ of the period of one month starting with the day on which it is issued; (c) may include provision authorizing a per~on who 1s exercising powers under it to do other lhings t:iat- (i) an: specified in the warrant: and (ii) are necessary in order to give effect to the warrant: (d) authorizes the person exercising powers under the warrant to take copies of any infonnation or material seized under the warrant. (4) Where a warrant authorizes the per.son namc:d in it to search, seize and retain any information which is held in a computer and is accessible from lhe premises specified in the application for the warrant, and winch the person believes relates to any matter relevant to the investigation, the warrant authorizes the person to obtain the information in a form- (a) that can be taken aw:.iy by the person; and (b) which is visible, legible and intelligible. (5) The provisions or sections I 09(4) to (7) and 110 shall apply, with the necessary modifications, with respect to obtaining information in an rntclligibk form under this section. ( 6) Where the Director 1!i ves written authority for any Supplc￾rncntarv !31

132 Cusrnmcr 111fonn~tirn1 orders. PR(}C£EDS OF CfUAlE member of staff of the Agency to accompany the person named in the warrant for the purpose of executing the warrant, the memhcrs so authorized have the s::ime powers under the warrant as the person named in the .varrnnt. (7) A person exercising powers under a warrant may secure from other persons such assistance as is reasonably necessary for the purpose of executing the warrant. (8) lnfomrntion or material seized under a warrant may be retained for so long as is necessary to retain it, in its original form, in connection with the investigation for the purposes of which the warrant was issued: Provided that if the Director has reasonable grounds for believing that the material- (a) may need to be produced for the purposes of any legal proceedings; and (b) might otherwise be unavailable rm those purposes, the mformation or material may be retained until the proceedings are conc!iided. Cuslomer information orders 119.---{ 1) A Judge may, on an application made to him by an appropriate officer, make a customer information order if the Judge is satisfied that each of the requirements specified in section 121 for the making of the order is fulfilled. (2) The application for a customer information order shu]l state that the order is sought- (a) for the purposes of- (i) a forfeiture investigation or a money laundering investigation being carried on in respect of a person specified 10 the application; or (ii) a civil recovery investigation being carried on in respect of property specified in the

PROCEEDS OF CR/.-!F application. and a person spceified in the application appears tu hold the property; ,md (b) against one or more financial institutions specified in the application. (3) An application for a customer information order may specify- (a) all financial institutions; (b) a particlllar description, or particular descriptions of, financial institutions; or (c) a particular financial institution or particular financial ins ti tut ions. ( 4) A customer in formation ort.lcr is an order that a financial institution covered by the order shall, on being required to do so by notice in writing given by an appropriate officer, provide any such customer information ns it has relating tn the person specified in the application (5) A financial institution that is required to provide information under a customer information order shall provide the information to an appropriate officer in such mannL:r, and at or by such time, a!- the appropriate officer requires. (6) If a fmancial institution, on which a requirement is imposed by a notice given under a customer information order, requires the production of evidence of authority to give the notice, the financial institution is not bound to comply with the requirement unless evidence uf the authority bas been produced to it. 120.-(1) In this Part. "customer information" is information as to whether a person holds, or has held, (whether solely or jointly with another) any account at, or has during a specified period conducted any transaction with, the financial mstitution concerned and, if so, information as to-- IThe ind .. ,inn or !hi, ~·ge io ou1huri1<J "" t.. .... l!f.1Ut111 1 ~1 )_ Meanmgof cLtstomcr infomrnhon.

134 PROCFEDS OF CRIME (a) the matters specified in subsection (2), if the person is rm individual; or th) in tne r.:ase of any other person, the matters specified in subsection (3). (2) The matters specified fr1r the purposes of subsectioc t1 )(a) are- ( u) the: account or transaction number, as the cnse may require: (b) the individual's rull name and date of birth; (c) the individual's taxpayer registration number; (cl) the individual's most recent address and any previous addresses; (e) in the case of an account, !he date on which the individual began to hnld the account and, if the individual has ceased to hold the account, the date on which he did so; (/) in the cas~ of a transaction, thl! date of the transaction anJ a description of the type of transaction; (g) such evidence of thi: individual's identity as was obtained by the financial institution under or for the purposes of any enactment relating to money I :mndering; (h) the full namt!, datr.: and mosl recrnt address, and any previous addresses. of any person who holds, or has held, an a~count at the financial institution jointly with the individual; (i) the accotmt number of any other .tccounts lo which the individual is a signatory, held at the financial institution, and details of the persons holding those accounts. (3) The matters specified for the purposes of subsection (l)(b) are-

PROCEEDS OF rRJMF (a) the accuunt number; (b) the entity's full name; {c) a description or the ~usmess carrieJ on by the cntily; (d) the country or territory in .vhich the entity is in￾corporated or otherwise estahlished; (e) the taxpayer registration number assigned to th..: entity; (/) the entity's- (i) registered office, and any previous registered offices, under the Companies Act: or (ii) place of busine~s unJer the Registrntion of Business Names .·\ct or any other enactmcc"nt governing the establishment of the entity; or, if the entity is incorporated or othen.vise cst;.iblishcd outsidc￾Jamaica, anything similar under corresponding legislation of the country or territory in which the entity is incorporated or otherwise established; {g) the date on which lhe entity began to hold the account and, if the entity has ceased to hold the al:count. the date of cessation; (h) such evidence of the entily's identity us was obtained by the financial institution under or for the purpos...:s of any legislation relating to money laundering; (i) the full name, date of birth and most recent Jddrcss and any previous addresses of any person who is a signatory to the account. (4) The Minister may by order, subject to uffirmative resolution, amend the provisions of subsection (2) or (3). (5) For the purposes of this section, money laundering is an act that- (a) constitutes an offence under section 92 or 93; or n h• in<1.,1 .. n o< !hu p•g< u •ulhnn,ou J>y L.'I.. 11no10 I
,. . .J)

136 Rc~uircments for m~k,ng J C\ISLOITler i11fonmitio11 order Offenr.cs. PROCEEDS OF CRIME (b) has been committed outside of Jamaica and would constitute an offence specified in paragraph (a) if done in Jamaica. 121. The requirements for making a customer information order are that- (a) in the case of a forfeiture investigation, there are reasonable grounds for believing that the person specified in the application for the order has benefited from his criminal conduct; (b) in the case of a civil recovery investigation, there are reasonable grounds for believing that- (i) the property specified in the application for the order 1s recoverable property or associated property; and (ii) the person specified in the application holds all or some of the property; (c) in the case of a money laundering investigation, there are reasonable grounds for believing that the person specified in the application for the order has committed a money laundering offence; (d) in the case of any investigation, there are reasonable grounds for belir.wing that customer information which may be provided in compliance with the order is likely to be of substantial value, whether or not by itself, to the investigation for the purposes of which the order is sought; and (e) in the case of any investigation, there are reasonable grounds for believing that it is in the public interest for the customer information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained. 122. ---(1) A finaHcrnl institution commits an offence if without reasonable excuse it fails to comply with a requirement imposed on it under a customer information order. IThc ;nclusion of this page is authorized by L.(';. ll/1.0lO I

PROCEEDS OF CR!,1.,1£ (2) A financic1[ institution that commits an offence under subsection (1) is liable upon conviction before a Resident Magistrate to a fine not exceeding one million dollars. (J) A financial instit'.Jtion commits ~n offence if, in purported compli.:;.nce with a customer information order, the financial instilution- (a) makes a statement which it knows to be false or mis￾leading in a material particular; or (b) recklessly makes a statement \vhich is false or mis~ leading in a material particular. ( 4) A financial institut iun that com mi ts an offence under subsection (J) is liab!e- (a) on summary conviction before a Resident Magistrale, to a fine not exceeding une million dollars; o:- (b) on conviction on indictment before a Circuit Court, to n fine. 123.-(l) Subject to subsection (2), a statement made by a financial institution in response to a customer information order may not be used in evidence against the financial institution in criminal proceedings. (2) Subsection (1) does nut apply to--- (a) proceedings under Patt II (forfeiture proceedings); (b) a prosecution for an offence under section 122(1) or (3 ); or (c) a prosecution for some other uffeuce where, in giving evidence, the financial institution makes a statement inconsistent with thi.: s<1tement referred to m subsection ( l ). (3) A statement may not be used by virtue of subsection (2 )( c) against a financial institution uni ess- ( a) evidence relating to it is adduced; or 137 Restr1~t,n11 on use or ~taleincnb 1n ev1dc,i1:~

138 D11closure of informm1on. Supple￾mtntary. Account monilon11g orders. PROCEEDS OF CIUME (b) a question relating to it is asked, by or on behalf of the financial institution m proceedings arising out of the prosecution. 124. A customer information order has effect notwithstanding any restriction on the disclosure of information, however imposed. 125.-( 1) An application for a customer information order may be made to a Judge in Chambers. (2) An application under subsection (1) may be made without notice and shall be in writing accompanied by an affidavit. (3) An application to discharge or vary a customer information order may be made to the Court by- (a) the person who applied for the order; (b) any person affected by the order, and the Court may discharge or vary the order. (4) Where an authorized financial investigator or an authorized officer applies for a customer information order- (a) an application to discharge or vary the order need not be by the same authorized financial investigator or authorized officer; and (b) for the purpose of paragraph (a), references in this section to a person who applied for a customer information order shall be construed accordingly. (5) An authorized financial investigator or an authorized officer shall not make an application for a customer information order unless he is a senior appropriate officer or is authorized to do so by a senior appropriate officer. Account monitoring orders 126.-(1) A Judge may, on an application made to him by an appropriate officer, make an account monitoring order if the I The indu,;on or this page ;, authori,cd by L."'· I tnoto I

PROCEEDS OF CRIME Judge is satisticd that ~uch of the requirements spcciricd in sub￾section (2) for making the order is fulfilled, (2) The requirements for making an <1ccount monitoring order nre that- (a) in the case of a forfeiture investigation, there me reasonable grounds for suspecting that the person specified in the application for the order has benefited from his criminal conduct; (b) in the cnse of a civil recovery investigation, there are reasonable grounds for suspecting that- (i) the property specified in the application for the order is recoverable property or associated property; and (ii) the person specified in the application holds all or some of the property; (c) in the cas~ of a money laundering investigation, there are reasonable grounJs for suspecting that the person specified in the application for the order has committed 8 money laundering offence; (d) in the case of any investigation, there are reasonable grounds for believing that aci.:ount information which may be provided in compliance with the order is likely to be of substantial value, whether or not by itself, to the investigation for the purposes of which the order is sought; and (e) in the case of any investigation, there arc reasonable grounds for believing that it is in the public interest for the account information to be provided, having regard to the benefit likely to accrue to the investigation if the information is ob tamed. (JJ An application for an account monitoring order shall state that- (a) the order is sought for the purposes of￾139

140 l'ROCEEDS OF CRL~fE (i) a forfeiture investigation or a money laundering investigation being carried on in relation to a person specified in the application; or (ii) a civil recovery investigation being carried on in respect of property specified in the 1tpplication, and a person specified in the application appears to hold the property; and (b) the order is sought a1saim,t a financi3] institution specified in the application in relation to the account information of the tk:;i.:ription :-o specified. (4) For the purposes of this section, account information is information relating to an account held at, or a transactwn conducted with, the financial institution specified in the application, by the person so specified, whether solely or jointly with another. (5) An account monitoring order under this section- (a) is an order that the financial institution specified in the application for lhe urdi.:r s!Jall, for the period stated in the order, provide account information of the description specified in the order to un appropriate officer in the manner and at or by the timt! or times stated in the order; and (b) may specify informat10n relating to-- (i) al! accounts he!d, or transactions conducted within the stated period, by the person specified in the upplication for the order at the financial institution so specified; (ii) a particular description, or particular des￾criptions, of accounts so held or transactions so conducted; or (iii) a particular account or transaction, or particular accounts or transactions, so held or conducted, l'l h< <h<losioo ,,r thh l'"~• "' ahthori,ed by I..~. L 1no1 o I

PROCEEDS OF CRI,\1/£ (6) The period referred to in subsection (5 )(a) sha!l not exceed the period of ninety days beginning with the day on which thi,; order is made: Provided that the Judge may extenJ the period far a further ninety days, upon the application of un appropriate officer, if satisfied that the circumstances so warrant. (7) An account monitoring order has eITect notwith￾standing any restriction on the disclosure of information, however imposed. 127.-( 1) Subject to suhsection (2), a stc.1tement made by a financial institution in response lo an account monitoring order may not be used in evidence against that financial institution in criminal proceedings. (2) Subsectiun (1) does not apply to-- (a) proceedings under Part II (forfeiture proceedings); (b) proceedings for contempt of court; or (c) a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement referred to m subsection (1). (J) A statement may not be used by virtue of subsection (2)(c) against a financial institution unless- (a) evidence relating to the statement is adduced; or (b) a question relating to the statement is asked, by or on behalf of the financial institution in the proceedings arising out of the prosecution. 128.--{1) An application far un account monitoring order may be made to a Judge in Chambers. (2) An application under subsectjon (1) may be made without notice and shall be in writing accompanied by an affidavit. iTh• 1nelu"d" or <hi• pa~< u ;ulhuri«J by L.N. IJno10 I f<eslnctoOn on use of sta1emc11ls in evidence Supple￾mentary.

1.r2 Property excluded from operation or Bankruptcy Act Restrict ion .if pl>wcr~ ,n case of bankruptcy. PROCEEDS OF CRJJ,JF (3) An application to discharge or vary an account monitoring order may be made to the Court by- (a) tht person whu applied for the order; (b) any person affected by the order, and the Court may discharge or vary th-: order. (4) If an authorized financial invi:stigJtor or an authorized officer applies for an account monitonng order, an application to disc.;harge ur vary the order need not be made by the same authorized financial investigutor or authorized officer, and for the purposes of subsection (3), rcforences to a person who applied for an aci..;ount monitoring order shall be construed c1.ccording! y PART V 1 l General 129.-{I) Where a person is adjudged bankrupt in Jamaica, the following property is excluded from the person's est::ite. for the purposes of section I 04 of the Bankruptcy Act- (a) property for the time being subject to a restraint order made before the order adjudging the person bankrupt; and (b) any property in respect of which an order under section 41 (appointment of Director's receiver) is in force. (2) If in the case of a debtor (within the meaning of the Bankruptcy Act)- ( a) a receiver is appointt!d under section 23 of the Bankruptcy Act; and (b) any property of the debtor is at that time subject to a restraint order, the powers conferred on the receiver under the- Rankruptcy Act do not apply to property then subject to the restraint order. 130.-(l) Where a person is adjudged bankrupt in Jamaica, the powers referred to in subsection (2) shall not be exercised in relation to the property referred to in subsection (3). l Th~ indu.,on of •h" p,~~ i, ou1hu<1..,d b) I .. N. l!il\fl\l I

PROCEEDS OF CRIME (2) The powers referred to in this subsection arc the powers conferred on a court by sections 33 to 50 and the powers of a receiwr appointed under section 41: Provided that nothing in the Bankruptcy Act sh al I be: taken to restrit;t, or enable the restriction of, the powers rdem:d to in this subsection. (3) The property is~ (a) property that is the property of the debtor for the purpO~i!S of section 104 of the Rankruptcy Act; (b) property which is to be 3.pplil!d for the benefit of creditors of the hankruptcy hy virtlle of a condition imposed under section 72(6) nf th,; Bank! uptcy Act; (c) in a casi: where a forfeiture urder or a pecuniary penalty order has been made, any sums remaining in the hands of a receiver appointed under section 41 after the amount required to be paid under the order has been fully p::i.id. 131.-(1) This section applil.'s if a person who is adjudged bankrupt in J;mrnica has made a tainted gift, whether directly or indirectly. (2) Sections 111, 112, 115 and I l 6 of the Bankruptcy Act (avoidance of certain tramactions) shall not apply in respect of the making of the gift at any time whcn- (a) any property of the recipient of the tainted gift is subject to a restraint order; or (b) an order under section 41 (appointment of Director's receiver) is in force in respect of such property. (3) The Trustee in Bankruptcy shall, in respect of any transaction avoided under section I, 112, 115 or 1 16 of the Bankrnptcy Act after an order referred to in subsection (2)(a) or (b) is discharged, take into account any realization und~r Part II of property hdu by the recipient of the tainted gift. !'l'hr 1u(Ju.;inn, -l"lf th~s J"ll:£~ is .1iuth,nuf'd by L.N. 111201 U I 143 Ta1111cd g1 fis mad~ by bankwpt.

144 Prop~rty c:xdudcd on 111~ w,ndi11g up of a cumran) PROCEEDS OF CRJME 132.--{l) Where under the Companies Act an order for the winding up of a company is made or the company pas~cs a resolution for its voluntary winding up. the functions of the liquidator (or any provisional liquidator) are not exercisable in relation to the following propcrty- (a) property for the time being subject to a restraint order made before the relevant time; (6) any property in respect of which an order under section 41 (appointment of Director's receiver) is in force. t2) Where under the Companies Act an order for the winding up of a company is made or the comp3ny passes a resolution for its voluntary winding up, lhe powers referred to in subsection (3) shall not be exercised in the manm:r mentioned in subsection (4) in relation to any prope11y: Provided that nothing in the Companies Act shall be taken to restrict, or enable the restriction of, the exercise of the powers referred to in subsection (3). (3) The powers mentioned in subsection (2) are- (a) the powers conferred on a court by sections 33 to SO: and (b) the powers of a receiver appointed under section 41. (4) The powers shall not be exercised so as to- (a) inhibit the liquidator from exercising his functions for the purpose of distributing property to the company's creditors; (b) prevent the payment out of any propl:rly of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property. (5) A person is not a creditor for the purposes of a winding up under the Companies Act in so far as any sum due to that person by the company is due in respect of a forfeiture order or pecuniary penalty order. I Tho inelu>ion nl lhiJ p•g• ;, ••"""'"·'-.! by LS. ll /l.lJI ll I

PROCf:FDS OF C 'RIME (6) For lhe purposes of this section, the relevant time JS- (a) if no order for the winding up of the company is made, the time of the passing of the: resolution for voluntary winding up; (h) if nn order for winding up is made, thl! time or the making of the order. 133.-(1) This section applies if- (a) under the Companies Act an order is mac.le for the winding up of a company or the company passes a resolution for its voluntary winding up; and (b) the company has made a tainted gift, whether directly or indirectly. (2) Sections 225, 226, and 276 of the Companies /\ct (avoidance of certain transactions) slrnl I not have effect in respect of the making of the gift at any time when- (a) any property of the recipient of the tainted gift is subJect to a restraint order; or (b) an order u11de1 section 41 (appointment of Director's receiver) is in force in respect of such prnperty. (3) The Trustee shall, in respect of any transaction avoided under section 225, 226 or 276 of the Companies Act after an order referred to in subsection (2)(a) or (b) is discharged, take into ai..:~ount any realizat10n under Part II of property held by the recipient of the tainted gift. 134.-(.1) \Vhere a company holds property that is subject to a floating charge, an<l a receiver is appointed by or on the application of the holder of the charge, the functions of the receiver are not exereisabk in relation to the following propeny~ (a) property for the time hcing subject to a restraint order made before the appointment of the . ' receiver; l'I h~ ,nch,.ion of th!• p,i~e u outhuriLr<l by 1-,'1. 1112<>10 I 145 Tamted g,fts made by a company to be wound op Floating charges.

146 s~izure or d1spusal of e'<cluded property by 1nsQlvcncy prnct rt ioncr PROCEEDS OF C RJ..1£ (b) any property in respect of which :m order under section 41 (appointment of Director's receiver) is in force. (2) Where a company !mids property that is subject to a floating charge, anJ a receiver is appointed by or on the application of the holder of the charge, the powers referred to in subsection (3) shall not be exercised in the way mentioned m subsection ( 4) in relation to any property- (a) that is held by the company; anc.l (b) in relation to which the functions of the receiver arc exercisable. (3) The powers mentioned in subsection (2) are- (a) the powers conferred on a court by sections 32 to 49; (b) the powers of a receiver appointed under section 41. ( 4) The powers shall not be exercised- (a) so as to inhibit the receiver from exercising his functions for the purpose of distributing property to the company's creditors; (b) so as to prevent the payment out of any property of expenses (including the remuneration of the receiver) properly incurred in the exercise of his functions in respect of the property. 135.-{l) In this section, "insolvency practitioner" means the Trustee in Bankruptcy under the Bankruptcy Act or the official receiver entitled to act as receiver or manager of the property concerned. (2) Subsections (3) and (4) apply if a person acting as an insolvency practitioner seizes or disposes of any property in relation to which his functions arc not exercisable because the property is for the time being subject to-- (a) a restraint order; or (b) an interim rece1vmg order made pursuant to regulations under this Act,

PROCEEDS OF CRIME and at the time of the seizure or disposal the insolvency practitioner believes on reasonable grounds that he is entitled (whether in pursuance of a court order or othe1wise) to seize or dispose of the property. (3) The insolvency practlt10ner is not liable to any person in respect of any loss or damage resulting from the seizure or disposal, except so far as the loss or damage is caused by his negligence. (4) The insolvency practitioner has a lien on the property or the proceeds of its sale- (a) for such of h.is expenses as are incurred in connection with the liquidation, bankruptcy, sequestration or other proceedings in relation to which he purported to make the seizure or disposal; and (b) for so much of his remuneration as may reasonably be assigned to his acting in connection with those proceedings. (5) Subsection (6) applies if property is subject to a restraint order and a person acting as an insolvency practitioner- (a) incurs expenses in respect of the property subject to the restraint order but does not know, and has no reasonable cause to believe, that the property 1s subject to the restraint order; or (b) incurs expenses- (i) which are not expenses in respect of property subject to the restraint order; and (ii) which might, but for the effect of the restraint order, have been met by taking possession of and realizing property subject to the restraint order. ( 6) Whether or not the insolvency practitioner has seized or disposed of any property, he is entitled to payment of the remuneration and expenses mentioned in subsection (4). [The inclusion of chis page is authorized by L.N. 128/2016] 147

148 Rules of court. Protection of persons exercising functions under this Act. 26/2013 s. 15. PROCEEDS OF CRIME 136. Rules of court may make such provision as is necessary or expedient to give effect to regulations made under this Part (including provision relating to the exercise of functions of a judge conferred or imposed by the regulations). 137.-{1) No civil or criminal proceedings- for breach of confidentiality may be brought, nor any professional sanction for such breach may be taken, against any person, or against a director or employee of an institution, who provides or transmits information requested by the enforcing authority under this Act or submits reports to the enforcing authority. (2) No action, suit or other proceedings may be brought or instituted- (a) personally against the Director or any officer of the Agency; or (b) against any financial institution, or business in the regulated sector, or any director, principal, employee or agent of that financial institution or business in the regulated sector, in respect of any act done or omission made in good faith, in the course of carrying out the provisions of this Act. Regulations. 138. The Minister may, subject to affirmative resolution, make regulations generally for giving effect to the provisions and purposes of this Act. [The inclusion of this page is authorized by L.N.,_U!!/2016)

PRUCEEDS OF C!UME F)ll.ST SCI-IEDULE (Section 3) I. A .:Jirector shall exerci~e his funt:tions in the way that he considers is best calc.l.Jated to cnntribtift' ro th~ reduction of crime and in so doing shall- (~) act effectively and cfficicrtly; and (b) have rc:gard to the Agency's annual plan, approved pursuant to par .igrnph l I . 2.-{I) Anything that the Director is authori1.ed or required to do may be done by- (a) a member of staff of the Agency; or (b) a person providing services under urranB.ements made by the Director. if authorized by the Director, generally or specifically, for that purpose. (2) Notwithstanding sub-paragraph { I )(b). nothing that the Oirecwr or the Agency is authorized or required to do for the purposes of Part JV may be done by a constable. Drrector·s fu11c1ion, Dclcga11a11 of dut1c, 3 .-{1) The sea\ of the Agency shall be dUthentic.:ated by the signature of s~~1 the Director, or any other officer of the Agency duly authorized by the Director in Lhat behalf, and shall bej'Jdicially noticed. - (2) All documents, other than thme re4.uired by law to be under seal, made by and all decisions of, the Agency shall be signed under the hand of the Director or any other officer of the Agency authorized to act in that behalf by the Director 4 .-{I) Every member, empluyee or agent of the Agency sh al I preserve and Scmcy aid in preserving secrecy with regard to all matters relating to the affairs of the Agency that may com~ to his knowledge in the course of his duties. (2) A member, employee or agent of the Agency shall not, without lawful authority, publish or communicate to any person otherwise than m the ordinary course of his employment to the Agency any informution acquired by him in the course of that employment. (3) A person who contravenes this paragraph commits .in offence and is liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding one million dollars or to imprisonment for o1 tenn_ not exceeding twelve months.

I "50 r1m1e~llCIU .;1' rneu1(>i,1s F111nh ~nd rtsource~ ,i: ll1e Al\Cl1(:) rinrmw111g f)uwcr, ,\dv.inse, and ~ran!s l<> lh~ Agency PROCEEDS OF ClWvfE FIRS f SCIIEfJULL contd 5.-( I) No proceedings sh::ill he broughi or ms\llllted before any coun. or tribunal per~onally against any 111embcr ur the Agcm:y in respect of any acl dvni: bonujide 111 p,irsu:incc or execution or intended execution of this /\ct (2) Where any member is exempt from liability by re.1son only or 1he provisions of this paragraph, the Agency shall be liable to the e:-.ti.:nt that 11 would be 1f that mcrnber were an employee or agelll of the Agency, 6. The funds and resources oflhe Agency sh11II consist of- (a) 5uch sum, as may be proYided by Parliament for the Agency 111 lhi: ,mnual estimates of revenue and expenditure; (b) such ~urns as may be allocatt:d from !l!ne to time to the Agency from loan funds; (c) sum., borrowed by the Agency for the purpose of meeting any of its obligatiuns or discharging any of its functions; and (cf) al I other sums ur property which may in any manner become payable lo or vested in the Agency in respect of any matter me id en la I to its fu net ions. 7 .-{I) Subject to the provisions of paragraph (2), the Agency may hormw sums required by ii for meeting any of its obligations or discharging any of its functions (}) The power of the Agency to boiTow shall be exercisable only with the approval of !be Minister responsible for finance, as lo the amounl, as to the sources of borrowing and as to the terms on which bo1Towing may be effected. (3) An approval given in any respect for the purpose.<, of tliis section may be either general or limited to a particular borrowing or otherwise, and rmy be either unconditional or subject to conditions. 8. -{1) The Minister may from time lo timr: make advances imd grnnt.~ to the Agency, out of sums pl Heed upon the estimates of revenue and expenditure for the purpose ,md approved by the · House of Rcprese n mt ive s, (2) With the approval of the !louse of Representatives, the Minister responsible for Cinance may guarantee, in such manner and on such conu1tions as he thinks Rt, the rayment of the principal and interest on any authorized borrowing of the Agency maJe otherwise than by way of advance undi:r paragraph ( l ). (3) Where the Minister responsible fur finance is satisfied that there 11 h,r tn.rlu.uon of thi.s pl~l' i:!tl .aulhnnn•d b' L'?'w. I 1/ZOIO I

l'JffJCFEDS Of' CR/Mf FIRS1 SCHL:DUL[, contd has been defr1ult in the repayment or any principal moneys ur interest guarnnteed under th~ provision~ or lhis section, he sh,JII di1w1 the n:p<1ymc11t out of the Consolidated Fund of the amount 111 respect of which there has been such default. 9, The Agency shall miikc to the Acco11n1ant-Gc11cral, al such r1111t.:s and in such man11c1 as the Mi1mtcr responsible for linancc 111<1) d1rec1, payments or such amounts as may be so din:cted 111 or tow.trds repayment of advanc:!s rnuuc to the Agency llndcr parngrnph 8, and of any sums issued in ful1ilment of any guaranlec given thereunder, and payments of interest on what is outstanding for the time being in respect or such adv.rnc:cs :ind or any sums issm:d at such rate as the M mister .ilurcsaiJ may direct, and di!ferell! rn.tes of interest may be directed as respects d1ffcn:11l advances or sums and <1'> respects interest for di ffcrent periods, 10.-(l) lhe Agency shall keep accounls and other records in relation lU its business, and shall prepare anr111al!y a statement or accounts 1n a form sallsfactory to the Minister. bc1ng a form which shnll conrorm with established accounting principles. (2) The accounts of the Agency sha I! bl' ,111t!itl!u annually by :rnd itors appointed by the Agency and approved by the Minister. (3) So soon as lite accounts of the Agency have been audited. the Agency shall send the st.:1ternent of its accounts to the M inistcr ()get her will, a copy of the auditor's repoi1 1hcreor1. ( 4) The Auditor-Genera I sh,111 be cnl1t led at al I times to examine the accounts and other records in re laticm to the /\gene~' 151 Rcp:l)11KIII 1,r. nntl 111!~1~.,l \l , ~J\·anc~s ;u,d smm 1~s,1nJ \p 11,~-1 ~t1:u.,1\1~L" ACCOllllls ~nJ ,1111.hl I \ -( l) The Agency shall - (a) in respect of each 1-111anc1<1I year, other Agency's ope rat ion; 1\nd 1\n11unl 1>1~11, l'Cl'()II ;111d than lirst ye,11· or lhc ~w111;11,s. (t,) before a date speci ficd by the Minisccr, submit to the Minister 1n writing a plan (hcreinalicr callct.l !ht: ,mnual plirn) selling out how the Agency intends to exercise its !unctions during, th-: fi 11anc ial year. (2) The <1nnual plan shn!I iuc\udc a statement of- (a) the Agency's objl:cLives for the financinl year; (b) !he Agency's perfnrmance targets for the !inane ial year ( whe-thcr or not relating to its objectives), (c) the Agency's priorities for the tin:111cial year; ll'ho ind11.,,,,n of lhi.< p•t• •• •u lhori,cJ b) I..~. 11120 In (

Use of i11forn1.11ion by Agency Disdosure of inforrnmion to Agcm:y. i'IU !1 U_/J.\ (II (.///.1//· FIRST SCHEDULE. conld. (cf) the financial resources expected to be available to the Agency for the financial year; and (e) the proposed allocation of those resources. (3) Where an annual plan is submitted to the Minister pursuant to this paragraph, the Minister may- (o) approve the plan and notify the Agency of the approval; or (b) disapprove the plan and- (i) shall inform the Agency of the reasons for the disapproval; and (ii) may require the Agency to revise the plan in the manner specified by Minister. (4) Where sub-paragraph (J) (b) applies, the Agency shall revise the annual plan, incorporating the revisions (if any) specified by the Minister under sub-paragraph (ii), and submit the revised annual plan to the Minister. (5) The Agency shall, within three months after the end of each financial year, or within such longer period as the Minister may in special circumstances allow, cause to be made and transmitted to the Minister a report dealing generally with the activities of the Agency during the preceding financial year. (6) The Minister shall cause copies of the report together with copies of the statement of accounts and the auditor's report thereon to be laid on the Table of the House of Representatives and of the Senate. 12. Information obtained by or on behalf of the Agency in connection with the exercise of any of its functions may be used by the Agency in connection with the exercise of any of its other functions. I J .-(!) Information which is held by or on behalf of a statutory body or any agency or department of government, whether it was obtained before or after the 30th May, 2007, shall be disclosed to tire Agency for the purpose of the exercise by the Agency of its functions. (2) A disclosure under this paragraph shall not be taken to breach any restriction on the disclosure of information, however imposed: Provided that nothing in this paragraph authorizes the making of a disclosure that is prohibited by the Access to Information Act. [The! inclusion of lhis page is :rnthoriud by L.N. 11/2010 I

PIWCFEDS OF CJU.W:' Fll{ST SCHEDUL[, contd. (3) This panigrnph due~ 1101 affect any power to disclo~c that ex1~ts apart from Lhis s.::cl io11 (4) lnformmion shall 110\ be disclosed Linder tl11s p.iragraph on bchalt of th~ Coin missioners of lnlanJ Revc11Ul' or 011 behalf of the Commission~r of Customs un lc~s the Co1nm iss1oncrs concerned amhorize tile cJ1sclosurc. (5) The power to .iuthonze .i :.l1.sclosure under subscctio11 (4) 111.-1y be delegated (either generally 01· for a specified purpose}---- (a) in the cas.: of the Cummiss1011e1s uJ Inland R.::1,e11ui:, w ,111 officer of the Board of I nl.md Rcvc1111e: (b} in the case of1hc Commissioner orCusrc;ns, lo a 1;1Jslu11 ~ officer, 14 -(I) Sub-paragraph (:2) applies ro infunnati(1n ob(;1111ed und,·r Fur1hcn.hs￾parngraph 13 frnm the Commissioners ur lnl:.nd Rc"vt'r1ue or fi,0111 the clornr~ Commissioner of Customs or from a person act111g 011 bchi11f ol either or them. (2) The informmion rcfem·ct to in sub-p,iragraph ( l) ~hall nut he further disclosed except- (a) for a purpose connected "'-ilh the exercise o! the Ags:ncy's funnions, a11d (b) with the consent of the Cummr~sioners concc1m.:cL {J) Consent under sub-paragraph (2) may be givcn- (a) in relation 10 <1 particular disclosure; or (b) in relation to disclosu1 es made in circumstance~ spec fficd ,)I' dcscnbcu in the consent. (4) The power lo co11sent to funher disdosure under sub-paragrnph (2)(b) may be delegated, either generally or for a spec11ied purpose- (a) in the case oflhe Commissioners of Inland Revenue, to an officer of the Board of l n land Revenue; {b) in the case or the Commissioner orCusroms, to a customs officer_ (5) Sub-paragraph (6) applies to 111 formation obtained under paragraph 13 from a pennitted person other than 1he C)mrnissioncrs of Inland Revenue or the Comm issionc1· of Customs or a person acti 11g on behalf of either of them. (6) A permitted person who ciiscloses ioforrnarion refr!Ted to in paragraph 5 to the Agency may mc1ke the Jisclosure subject to such

1 s,1 l),,<;loior~ ,,1 1n1ur1i1iH1(}1~ by f\1!,CIICy J,ROCEEDS OF CRIMI· fms r SCHEl)ULE, ,·untd. cond1t.ons as 10 fUl't11cr disclosure by lhl' Agency us Ilic rcrm1llcd person thinJ..s appropmuc. a11d tile 1nfonnotion slrnll not be further Ji~closcJ in contrnYention of the conditions. I 5------< I) lnfonn.1tio11 ubta11n.:d by the Agt:nc_y iu ctn1neetio11 with the i::-.crc1sc of :my ol' its r11nc1iu11s 111.1y bi: i.11sclos1::d by !lie Agency if tl1c disdosuri.: is for the purpo'.>C.'i of- (a) any criminal invcstigati,;n or i.:r1111indl proc1::eding th.:11 is being, or may be, 5la11ed ur c<11Tt~·d u11 111 J,rnrnica; ( h) any civil recovery investigation or civil recovery proceed mg \ hat 1s being, or may be, starti.;d 01· ca1 ricJ u11 111 Ju111i:1ica, (c) the e::.:ercise of the Agency's runc11011s; (d) the exercise by the Oircctm of Pu hi ic l'rnsccutions of funct: uns under Pa11 l!; (tc"J the exercise by a customs ofliccr· nr a constable or his func110ns under sett io11s 72 10 8 3 of Part IV; U) safeguarding nalional security: (g:i investigations or proceedings outside famaica, 1n accurd;inct: with the provisions of the M utuol ,\s~ist~nce {Crim ina\ t\·1attl.'r~) Ac!; ur (h) the exercise of a designated funct1011. (1) Where the Agency makes a disclosure or 111 forma:ion for a purpose specified 1n .rnb-parngraph (I), the Agency may 11111kc any fu11hcr disclosure of the in fonnat 10n, by the person Lu whom the cJ isclo5ure is made, subject to such concJitions as the Agency thinks fit. (3) A person refctTcd W in gob-paragraph (2) shall not further disclose the infonnat1011 ,n contravention of the conditions. (<l) A disclosure under this paragraph is not to be taken to bre,1ch any restriction on the disclosure of infonnation. however iniposccJ: Pre-vie.Jed that no1h1ng in this p<1rng,raph authorizes the n1,1king or .i rli~closurc that contravenes the A1.u:ss to lnformat1011 Act. (5) In sub-paragraph ( 1 )(h), a c..lt:s1gn;ited function is a fu1iction tha1 the Minister designates by order to be !l function of a public nature for tht: purposes of this paragrnph 16.--{ I) This paragraph applies Lo a member u r staff of the Agency if-

PROCEEDS OF CRIME FIRST SCHEDULE, contd (a) he is authorized (generally or specifically) by the Director to do anything for the purposes of this Act; and (b) it is necessary or expedient for the purpose of doing the thing for the member of the staff of the Agency to identify himself by name. (2) The Director may direct that such a member of the staff of the Agency may for that purpose identify himself by means ofa pseudonym. (3) For the purposes of any proceedings or application under this Act a cenificate signed by the Director which sufficiently identifies the member of the staff of the Agency by reference to the pseudonym is conclusive evidence that the member of the staff of the Agency is authorized to use the pseudonym. (4) In any proceedings or application under this Act, a· member of staff of the Agency in respect of whom a direction under this paragraph is in .force shall not be asked, and if asked is not required to answer, any question that is likely to reveal his true identity. (S) For the purposes of this paragraph, "member of· staff of the Agency" includes a Director's receiver or any person providing services under arrangements made by the Director. SECOND SCHEDULE (Section 6) ISS I. An offence under any of the following provisions of the Dangerous Drug Drugs Act- lnlff"1ddng. (a) section 3, 6, 7 A or 8 (imponing or exponing dangerous drug); (b) section S, 7(a), 78, SA or 11 (cultivating, manufacturing, selling, dealing in or transponing dangerous drug); (c) section 16 or 17 (removal of or tampering with dangerous drug); (d) section 21 A (traffic of dangerous drugs through the post). 2. An offence under section 92 or 93 of this Act. 3.-(1) An offence under section 69 or 70 (child stealing, kidnapping) of the Offences Against the Person Act. (2) Murder falling within section 2( I Xe) of the Offences Against the Person Act (murder pursuant to an arrangement for valuable consideration). 1111e 1ac1a1a of 611 pap a a ... rtml lly LN. lllllOIII Money laundering. Munier, abcluction, pn,c:umncnt, kidnapping, etc. 12/2009 Sc:h.

156 ' Arms 1rafr1ddng. Forgery. lmcllCCIUII propeny. T~. Chi1a ponwgra￾phy.,1 13/2009 s. 14. 12/2009 Sdl. PROCEEDS OF CRIME Sl:COND SCHEDUI.F., contd 4. Any of the following provisions of the Fireanns Act- (a) · section 4 (importing or exporting fireanns or ammunition); (b) section 9 (manufacturing or dealing in firearms, ammunition or a prohibited weapon); (c) section 10 (purchase, acquisition, sale or transfer of fireanns, ammunition or a prohibited weapon); (d) section 13 or 15 (repairing, testing or converting tireann, etc.). 5. An offence under any of the following provisions of the Forgery Act~ (a) section 12 or 13 (making or having possession of paper or imple￾ments of forgery); (b) section 14 (imitation of currency notes). 6~ An offence under any of the following provisions- (a) section 46 (dealings which infringe copyright) or 134 (making, dealing with or using illicit recordings) of the Copyright Act; (b) section 38 of the Patents Act (making-false marks). 7. An offence under any of the following provisions of the Larceny Act- (a) section 22 (larceny or embezzlement by clerks or servants); (b) section 42A (extortion). 8. A terrorism offence as defined by section 2 of the Terrorism Prevention Act. 9. An offence under section 3 or 4 of the Child Pornography (Prevention) Act. 10. An offence under any of the following provisions of the Sexual Offences Act- (a) section 15--Abduction of child under sixteen; (b) section 17-Fon:ible abduction; (c) section 18-Procuration; (d) section 19-Procuring violation of person by threats or fraud or administering drugs; (e) section 20-Abduction of child with intent to have ~xual intercourse, etc.; CJ) section 21-Unlawful detention with intent to have sexual int~urse, etc.; (g) section 23-Living on earnings of prostitution.

PROCEEDS OF CRIME SECOND SCHEDULE, contd 11. An offence under Part 11 of the Cybercrimes Act. 12. An offence under either of the following provisions of the Larceny Act- (a) section 36-0btaining credit by fraud; (b) section 46-Receiving stolen property. 13. An offence of conspiracy to defraud. 14. An offence under the provisions of the Law Refonn (Fraudulent Transactions) (Special Provisions) Act. 15. An offence under sections 14(1) and (5) of the Conuption Prevention Act. 16. An offence under section 4 of the Trafficking in Persons (Prevention, Suppression and Punishment) Act. 17. An offence of- (a) attempting, conspiring or inciting, as the case may be, the commission of any of the offences specified in any of para￾graph 1 to 16; (b) aiding, abetting, counselling or procuring the commission of any such offence. THIRD SCHEDULE (Section 59) 157 L.N. lOSc/2013.

1. Power to sell the property or any part of it or interest in it. Sale.
2. Power to incur expenditure for the purpose of- (a) acquiring any part of the property, or any interest in it, which not vested in the Agency; is (b) discharging any liabilities, or extinguishing any rights, to which the property is subject. Expenditure. 3.-(1) Power to manage property. Management. (2) Managing property includes doing anything mentioned in sec'tion 42(13).
3. Power to start, carry on or defend any legal proceedings in respect Legal of the property. proceedings. [The inclusion of this page is uuihorized by L. N. 128/20 l6]

158 PROCEEDS OF CR/MF, THIRD SCHEDULE, contd. Compromise. 5. Power to make any compromise or other arrangement in connection with any claim relating to the property. Supple- 6.-{I) For the purposes of, or in connection with, the exercise of any of mcntary. its powers￾Regulalcd sector. 26/2013 s. 16. Supervisory authorities. (a) power by his official name to do any of the things mentioned in sub-paragraph (2); (b) power to do any other act that is necessary or expedient; (2) The things referred to in sub-paragraph (I )(a) are- (a) holding property; (b) entering mto contracts; (c) suing and being sued; (d) employing agents; (e) executing a power of attorney, deed or other instrument. FOURTI-l SCHEDULE (Section 94) 1.-{I) A business is in the regulated sector if the business is- (a) a financial institution or an entity that has corporate respon￾sibility for the development and implementation of group wide anti-money laundering, or terrorism financing prevention, policies and procedures for the group of companies of which the entity forms a part; (b) a designated non-fmancial institution. (2) In this Act, "designated non-financial institution" means a person who is- (a) not primarily engaged in carrying on financial business; and (b) designated as a non-financial institution for the purposes of this Act by the Minister 15y order subject to affirmative resolution. 2. Each of the following is a supervisory authority- (a) the Bank of Jamaica; (b) the Financial Services Commission. [The inclusion of this page is authorized by L.N. 128/2016]