EXTRAORDINARY

OFFICIAL GAZETTE

THE BAHAMAS

PUBLISHED BY AUTHORITY

NASSAU 25th May, 2018

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PROCEEDS OF CRIME ACT, 2018

Arrangement of Sections

Section

PART I - PRELIMINARY	5

1. Short title and commencement. | 5
2. Interpretation. | 5
3. Objectives. | 13

PART II - ADMINISTRATION OF ACT	13

4. Establishment of Ministerial Council. | 13
5. National Identified Risk Framework Coordinator. | 14
6. Establishment of Identified Risk Framework Steering Committee. | 14

PART III - IDENTIFIED RISK OFFENCES | 15 --- | ---
7. Identified risk offences. | 15
MONEY LAUNDERING | 16
8. Proof of money laundering. | 16
9. Concealing. | 16
10. Arrangements concerning proceeds of crime. | 16
11. Acquisition, use and possession of the proceeds of crime. | 16
12. Failure to disclose. | 17
13. Failure to disclose by nominated officers. | 18
14. Tipping off. | 19
15. Penalties. | 19
16. Defences. | 19
17. Appropriate consent. | 20
PROTECTED AND AUTHORIZED DISCLOSURES | 20
18. Protected disclosures. | 20
19. Authorized disclosures. | 21
20. Form and manner of disclosures. | 21
21. Application of Parts IV to VI. | 22

PART IV - CONVICTION BASED CONFISCATION | 22 --- | ---
22. Application of this Part. | 22
RESTRAINT ORDERS | 22
23. Application for Restraint Order. | 22
24. Restraint Order. | 23

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25. Notice of Restraint Order. | 25
26. International requests. | 25
27. Court may make further Orders when making Restraint Order. | 26
28. Exclusion of property from Restraint Order. | 27
29. Contravention of Restraint Order. | 28
30. Seizure Order for property subject to Restraint Order. | 28
31. Protection of the Receiver. | 29
32. Duration of Restraint Order. | 29
    CONFISCATION AND BENEFIT RECOVERY ORDERS | 30
33. Application for Confiscation Order. | 30
34. Application for Confiscation or Benefit Recovery Order. | 31
35. Service of application and appearances. | 31
36. Procedure on application. | 32
37. Confiscation Order on conviction. | 32
38. Enforcement of Confiscation Order abroad. | 33
39. Effect of Confiscation Order. | 34
40. Exclusion of property from a Confiscation Order. | 34
41. Benefit Recovery Order on conviction. | 35
42. Determination of the value of benefit. | 36
43. Extended Benefit Recovery Orders. | 37
44. Amount recovered under Benefit and Extended Benefit Recovery Order. | 39
    PROVISIONS RELATIVE TO RESTRAINT, CONFISCATION AND BENEFIT RECOVERY ORDERS | 40
45. Satisfaction and discharge of orders. | 40
46. Appeals. | 41
47. Realisation of property. | 41
48. Application of monetary sums. | 41
49. Application of the powers under this Part. | 42

PART V - NON CONVICTION BASED CIVIL FORFEITURE | 43 --- | ---
50. Preliminary matters regarding civil forfeiture orders. | 43
PROPERTY FREEZING ORDERS | 44
51. Property Freezing Order. | 44
52. Additional property Freezing Orders. | 45
PROPERTY SEIZURE ORDERS | 47
53. Property Seizure Order. | 47
GRANT OF CIVIL FORFEITURE ORDERS | 48
54. Applications for and granting of a Civil Forfeiture Order. | 48
55. Orders to protect legitimate owners. | 49
56. Prohibited appearance of absconders. | 49
PROVISIONS RELATIVE TO CIVIL FORFEITURE ORDERS | 49
57. Appeals. | 49
58. Realisation of forfeited property. | 50
59. Compensation and protection of Receiver. | 50

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60. Obtaining information from foreign authorities. | 51
61. Disclosure of information. | 51

PART VI - CASH AND PERSONAL PROPERTY FORFEITURE | 52 --- | ---
62. General purpose of cash or personal property forfeiture under this Part. | 52
63. Unlawful conduct. | 52
64. Property obtained through unlawful conduct. | 52
SEARCH AND SEIZURE | 53
65. Search by peace officer for cash or personal property. | 53
66. Approval of Magistrate to conduct search. | 54
67. Seizure of cash or personal property. | 54
DETENTION AND FORFEITURE | 55
68. Detention of seized cash or personal property. | 55
69. Detained cash to be paid into interest bearing account. | 56
70. Release of detained cash or personal property. | 56
71. Forfeiture of cash or personal property. | 57
72. Appeal against forfeiture order. | 57
73. Application of forfeited cash. | 57
74. Protection of legitimate owners. | 58

PART VII - UNEXPLAINED WEALTH ORDERS | 59 --- | --- UNEXPLAINED WEALTH ORDER NISI | 59
75. Application for an Unexplained Wealth Order nisi. | 59
76. Court may make order requiring person to appear. | 60
77. Application to revoke an Unexplained Wealth Order nisi. | 61
UNEXPLAINED WEALTH ORDER ABSOLUTE AND ENFORCEMENT | 61
78. Application for a Unexplained Wealth Order absolute. | 61
79. Property subject to a person's effective control. | 62
80. Enforcement of an Unexplained Wealth Order absolute. | 63
81. Procedure and appeal. | 63
82. Application for a Receiver. | 64

PART VIII - INVESTIGATIVE ORDERS	64

83. Application of Part. | 64
84. Customer Information Order. | 64
85. Monitoring Order. | 66
86. Disclosure Order. | 68
87. Production Order. | 69
88. Failure to comply with a Production Order. | 71
89. Power to search for and seize property. | 71

PART IX - CONFISCATED ASSETS	72
CONFISCATED ASSETS FUND	72

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90. Continuation of Confiscated Assets Fund. | 72
91. Payments into and out of Fund. | 72
    CONFISCATED ASSETS COMMITTEE | 73
92. Establishment of Confiscated Assets Committee. | 73
93. Functions of the Committee. | 73
94. Powers of the Committee. | 74
95. Meetings of the Committee. | 74
96. Annual report and audit. | 75

PART X - MISCELLANEOUS	75

97. Power to make regulations. | 75
98. Repeals. | 76

FIRST SCHEDULE | 76

SECOND SCHEDULE | 76

THIRD SCHEDULE | 78

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No. 4 of 2018

PROCEEDS OF CRIME ACT, 2018

AN ACT TO CONSOLIDATE AND STRENGTHEN MEASURES TO RECOVER THE PROCEEDS AND INSTRUMENTALITIES OF CRIME AND TO COMBAT IDENTIFIED RISKS

[Date of Assent - 25th May, 2018]

Enacted by the Parliament of The Bahamas

PART I - PRELIMINARY

1. Short title and commencement.
(1) This Act may be cited as the Proceeds of Crime Act, 2018.
(2) This Act shall come into operation on such date as the Minister may appoint by notice published in the Gazette and different dates may be so appointed for the coming into operation of different parts or provisions.

2. Interpretation.
In this Act —
"AML" means Anti-Money Laundering measures;
"appropriate authority" means the authority appearing to the Competent Authority or the court to be the appropriate authority of a foreign country; "authorised officer or person" means any peace officer or person authorised by the Attorney-General to make applications for orders under this Act and includes officers of the Royal Bahamas Police Force; "beneficial owner" means a natural person— (a) who ultimately owns or controls, a customer or the natural person;

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(b) on whose behalf a transaction is being conducted, or (c) who exercises effective control over a legal person or legal arrangement; "benefit" means any advantage, gain, profit, or payment or any derivative thereof, and the benefit that a person derives or obtains or that accrue to him including those that another person derives, obtains or that otherwise accrue to such other person, if the other person is under the control of, or is directed or requested by, the first person; "benefit from criminal conduct" means any property or pecuniary advantage or any derivative thereof obtained as a result of or in connection with criminal conduct and any references to property or a pecuniary advantage obtained in connection with criminal conduct include references to property or a pecuniary advantage obtained in both that connection and some other; "business relationship" means an association between an individual and a company entered into for any commercial purpose; "cash" means— (a) notes and coins in any currency; (b) postal orders; (c) cheques of any kind, including travelers' cheques; (d) bankers' drafts; (e) bearer bonds and bearer shares; (f) virtual currency; or (g) any kind of monetary instrument which is found at any place in The Bahamas if such instrument is specified by the Minister; "CFT" means Combatting Financing of Terrorism; "Competent Authority" means the Attorney-General; "confiscated assets" includes any assets obtained by way of confiscation, forfeiture or recovery of any proceeds or instrumentalities of any offence, or derived from any offence, any identified risks, unexplained wealth, cash or personal property; "Confiscated Assets Committee" means the committee established under section 92; "corruption" means any criminal conduct related to bribery, extortion, or misconduct in public office committed by or on behalf of a public officer; "Court" means the Supreme Court unless the context otherwise provides; "criminal conduct" means conduct relating to the commission of any offence;

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"currency or money" means coin and paper money of any jurisdiction that is designated as legal tender or is customarily used and accepted as a medium of exchange, including virtual currency as a means of payment; "customer" means any of the following — (a) the person for whom a transaction or account is arranged, opened or undertaken; (b) a signatory to a transaction or account; (c) any person to whom an account or rights or obligations under a transaction have been assigned or transferred; (d) any person who is authorised to conduct a transaction or control an account; (e) any person who attempts to take any of the actions referred to in (a) to (d) above; or (f) such other person as may be prescribed by regulations by the Minister; "dealing with property" includes any of the following — (a) a transfer or disposition of property; (b) making or receiving a gift of property; (c) removing property from The Bahamas; (d) where property is a debt owed to a person, making a payment to any person in reduction or full settlement of the amount of the debt; (e) using property to obtain or extend credit, or using credit that is secured by the property; or (f) where property is an interest in a partnership, doing anything to diminish the value of the partnership; "document" means a record of information kept in any form, including electronic format; "effective control" has the meaning as provided in section 79; "employer" means any person, body, association or organisation (including a voluntary organisation) in connection with whose activities an employee exercises a function (whether or not for gain or reward), and references to employment must be construed accordingly; "enforcement authority" means in relation to— (a) domestic proceedings, the Director of Public Prosecutions, and any person authorised by the Director of Public Prosecutions;

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(b) proceedings undertaken in response to any international request to the Competent Authority, the Attorney-General or any person designated by him to act in those proceedings under this Act; "entity" means a person, group, trust, partnership, fund or an unincorporated association or organisation; "financial institution" has the same meaning as ascribed to it in the Financial Transactions Reporting Act, 2018; "Financial Intelligence Unit" means the Unit established pursuant to section 3 of the Financial Intelligence Unit Act (Ch. 367); "Focal Point Officer" mean an officer authorized by the Financial Intelligence Unit to receive disclosure of information relating to money laundering; "funds" or "property" means any assets, economic resources, property of every kind, whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired, wherever located, legal documents or instruments in any form, electronic or digital, evidencing title to, or interest in, such assets, economic resources or property, including but not limited to currency, bank credits, deposits and other financial resources, travellers cheques, bank cheques, money orders, promissory notes, shares, non-shareholding interest, securities, bonds, drafts, letters of credit, and any interest in, dividends or others income on or value accruing from or generated by, in full or in part, any such assets, economic resources or property; "gift" means any property given by one person to another person and includes any property directly or indirectly given after the commission of an offence by the first person; to the extent of the difference between the market value of the property at the time of its transfer and — (a) the consideration provided by the transferee; or (b) the consideration paid by the transferor whichever is greater; "gift caught by the act" is a gift made by the subject of an investigation or relevant person at any time after the commission of the offence, or, if more than one, the earliest of the offences to which the proceedings relate; "human trafficking" means trafficking in persons as defined in the Trafficking in Persons (Prevention and Suppression) Act (Ch. 106); "identified risk" means corruption, cybercrime, human trafficking, money laundering, or financing of proliferation of weapons of mass destruction, terrorism or financing of terrorism or such other risk as the Minister may prescribe by regulations;

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"instrumentality" and "instrumentalities" includes any property used or intended to be used, in any manner, wholly or in part in or in connection with the commission of a criminal offence or criminal offences and shall include property that is used in or intended or allocated for use in the commission of any of the identified risks; "interest" in relation to property, includes — (a) any legal or equitable estate or interest in the property whether arising in specie, by way of any liquidation or partial liquidation, by trust or annuities or any derivative interest whatsoever; or (b) any right, power or privilege in connection with the property; "IRF" or "Identified Risk Framework" means any lawful measures or policies designed to minimize or eliminate identified risks; "legal arrangement" refers to express trusts or other similar legal arrangements; "Minister" means the Attorney-General; "money laundering" means — (a) any offence referred to in Part III; (b) any act or words which constitutes an attempt, conspiracy or incitement to commit an offence specified in paragraph (a); (c) any act or words which constitutes aiding, abetting, counselling or procuring the commission of an offence specified in paragraph (a); or (d) conduct committed outside The Bahamas which would constitute an offence specified in paragraph (a), (b) or (c) if the conduct was committed in The Bahamas; "nominated officer" mean a person who is responsible for receiving disclosures from an employee; "offence" including an offence under this Act means any criminal offence under the laws of The Bahamas, and any criminal offence under a law of a foreign jurisdiction, in relation to acts or omissions which, had they occurred in The Bahamas, would have constituted an offence in The Bahamas; "pecuniary advantage" means a financial advantage that is obtained by criminal conduct. If a person obtains a pecuniary advantage as a result of or in connection with criminal conduct, he is to be taken to obtain as a result of or in connection with the criminal conduct a sum of money equal to the value of the pecuniary advantage; "person" means any natural or legal person or entity; "politically exposed person" means an individual who is or has been entrusted—

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(a) with a domestic prominent public function, inclusive of a head of state or government, legislator, politician, senior government, judicial or military official, senior executive of a state owned corporation, or important political party official; (b) with a prominent public function by a foreign jurisdiction, inclusive of, a head of state or government, legislator, senior politician, senior government, judicial or military official, senior executive of a state owned corporation, or senior political party official; (c) with a senior position at an international organisation or branch thereof, domestic or foreign, and includes a family member or close associate of a politically exposed person; "proceeds" and "proceeds of crime" means any funds or property derived from or obtained, directly or indirectly, as a result of or in connection with the commission of any offence, including economic gains and funds or property converted or transformed, in whole or in part, into other funds or property; and it is immaterial — (a) who carried out the criminal conduct; (b) who benefited from it; (c) whether the criminal conduct occurred before or after the passing of this Act; "property" means all property wherever situated and includes — (a) money; (b) all forms of property, real or personal, heritable or moveable; (c) things in action and other intangible or incorporeal property; "property in which the relevant person has an interest" includes — (a) any property that is, on the day when the first application is made under Part III subject to the effective control of the relevant person; (b) any property or its value gifted by the relevant person to another person within the period of six years ending at the date of the first application made under Part IV; (c) any legal estate or equitable interest or power in land wherever situated; (d) any right (including a right to possession) in relation to property other than land wherever situated; "property is obtained" means if a person obtains an interest in property;

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"receiver" means a person appointed by a Court to take control of and deal with property in accordance with the Court's order and the common law; "record" means any material on which information is recorded or marked and which is capable of being read or understood by a person, or by an electronic system or other device; "relevant person" is a person who is the subject of an investigation for an offence, has been charged with an offence or has been convicted of an offence; "Supervisory Authority" has the meaning ascribed to it in the Financial Transactions Reporting Act, 2018; "terrorist" means any natural person who — (a) commits or attempts to commit, a terrorist act by any means, directly or indirectly, unlawfully and wilfully; (b) participates as an accomplice in a terrorist act; (c) organises, directs or encourages others to commit a terrorist act; or (d) contributes to the commission of a terrorist act by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act; "terrorist act" includes — (a) an act which constitutes an offence under or defined in any of the treaties listed in the First Schedule of the Anti-Terrorism Act; (b) an act, which constitutes an offence within the scope of, and as defined in any one of the treaties listed in the annex to the 1999 International Convention for the Suppression of the Financing of Terrorism; (c) an act which constitutes an offence within the scope of, and as defined in any one of the following treaties — (i) the 2010 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation; and (ii) the 2010 Protocol Supplementary to the Convention for the Suppression of the Unlawful Seizure of Aircraft; or (d) any other act that has the purpose by its nature or context, to intimidate the public or to compel a government or an international organisation to do or to refrain from doing any act and that is intended to cause —

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(i) death or serious bodily harm to a civilian or in a situation of armed conflict, to any other person not taking an active part in the hostilities; (ii) serious risk to health or safety of the public or any segment of the public; (iii) substantial property damage; whether to public or private property, where the damage involves a risk of the kind mentioned in subparagraph (ii) or an interference or disruption of the kind mentioned in subparagraph (iv); or (iv) serious interference with or serious disruption of an essential service, facility or system, whether public or private; not being an interference or disruption resulting from lawful advocacy or from protest, dissent or stoppage of work; "terrorist organisation" means two or more persons acting together or any entity that — (a) commits, or attempts to commit, terrorist acts by any means, directly or indirectly, unlawfully and wilfully; (b) participates as an accomplice in terrorist acts; (c) organises or directs others to commit terrorist acts; or (d) contributes to the commission of terrorist acts by an entity acting with a common purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act; "terrorist property" means — (a) proceeds from the commission of a terrorist act; (b) property which has been, is being, or is intended to be used to commit a terrorist act; (c) property which has been, is being, or is intended to be used by a terrorist organisation; (d) property owned or controlled by, or on behalf of, a terrorist organisation; or (e) property which has been collected for the purpose of providing support to a terrorist organisation or funding a terrorist act; "transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition, or the arrangement thereof, and includes but is not limited to — (a) opening of an account;

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(b) any deposit, withdrawal, exchange or transfer of funds, whether in currency or by cheque, payment order or other instrument or by electronic or other non-physical means; (c) the use of a safety deposit box or any other form of safe deposit; (d) entering into any fiduciary relationship; (e) any payment made or received in satisfaction, in whole or in part, of any contractual or other legal obligation; (f) any payment made in respect of a lottery, bet or other game of chance; (g) establishing or creating a legal person or legal arrangement; and (h) such other transaction as may be prescribed by the Minister by regulations; "virtual currency" is a digital representation of value which can be digitally traded and functions as — (a) a medium of exchange; (b) a unit of account; or (c) a store of value, that does not have legal tender status or carry any security or guarantee in any jurisdiction.

3. Objectives.
(1) The objectives of this Act are—
(a) to consolidate and strengthen provisions relating to— (i) preventative and investigative measures against money laundering, terrorism financing, terrorism, corruption, proliferation of weapons of mass destruction, human trafficking, and related offences; (ii) the recovery of the proceeds and instrumentalities of crime including providing for civil forfeiture of the proceeds of criminal conduct and illicit cash; and (b) to introduce powers relating to unexplained wealth, investigative orders; the confiscated assets fund and a confiscated assets committee. (2) This Act applies notwithstanding any other law.

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PART II - ADMINISTRATION OF ACT

4. Establishment of Ministerial Council.
(1) There shall be a council to be known as the Ministerial Council which shall have the responsibility to — (a) determine an identified risk as defined under section 2; and (b) assess and make such recommendations as may be necessary from time to time to ensure the effective implementation of the Identified Risk Framework (hereinafter referred to as "IRF") to minimize or eliminate identified risks. (2) The Ministerial Council shall be comprised of— (a) the Attorney-General; (b) the Minister of Finance; (c) the Minister of Financial Services; (d) the Minister of Foreign Affairs; (e) the Minister of National Security; and (f) such other person nominated by the Attorney-General with responsibility as provided under section 5 to be known as the National Identified Risk Framework Coordinator, ex officio.

5. National Identified Risk Framework Coordinator. The National Identified Risk Framework Coordinator nominated pursuant to section 4.shall be responsible for — (a) chairing meetings of the Identified Risk Framework Steering Committee as established under section 6 (hereinafter referred to as the "IRF Steering Committee"); (b) liaising with regulators and maintaining an on-going review of their adherence to the IRF; (c) directing public training on identified risk matters and public outreach; (d) attending technical meetings of the Caribbean Financial Action Task Force (hereinafter referred to as the "CFATF"), Financial Action Task Force (hereinafter referred to as the "FATF") and other recognised international agencies; (e) preparing summary reports of the activities of the IRF Steering Committee.

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6. Establishment of Identified Risk Framework Steering Committee. (1) There shall be established a committee to be known as the Identified Risk Framework Steering Committee. (2) The IRF Steering Committee shall be comprised of— (a) the National Identified Risk Framework Coordinator; (b) a representative of the Office of the Attorney-General; (c) a representative of the Office of the Director of Public Prosecution; (d) a representative of the Financial Intelligence Unit; (e) a representative of the Customs Department; (f) a representative of the Royal Bahamas Police Force; (g) a representative of the Royal Bahamas Defence Force; (h) a representative of the Department of Immigration; (i) a representative of the Ministry of Foreign Affairs; (j) a representative of the Ministry of Finance; (k) a representative of the Ministry of Financial Services; (l) a representative of the Central Bank of The Bahamas; and (m) such other person or representative of a statutory body, that has as part of its functions a requirement to regulate financial institutions, as the Attorney-General considers would contribute to the objectives of the IRF Steering Committee. (3) The IRF Steering Committee shall — (a) coordinate a national risk assessment periodically to identify, assess and understand the identified risks and ensure that such assessments are updated and relevant; (b) maintain surveillance of FATF pronouncements regarding country risk application of enhanced due diligence; (c) have regard to reports by financial institutions and designated non-financial business professions of persistent regulatory failures by a jurisdiction or foreign financial institution and to prepare list of such jurisdictions or foreign financial institutions; (d) advise financial institutions of obligations to apply enhanced due diligence to transactions emanating from jurisdictions or foreign financial institutions named by the IRF Steering Committee and the FATF; (e) coordinate the development, regular review and implementation of national policies and activities designed to mitigate identified risks;

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(f) collect and analyse statistics and other information from competent authorities to assess the effectiveness of the IRF; (g) coordinate measures to identify, assess and understand the impact of Parts IV, V and VI of this Act; (h) report to the Ministerial Council; and (i) establish appropriate mechanisms to provide information on identified risks to relevant financial institutions, self regulatory bodies and professional associations. (4) The IRF Steering Committee may regulate its own procedures. (5) The IRF Steering Committee may from time to time carry out consultation with relevant institutions and bodies.

PART III - IDENTIFIED RISK OFFENCES

7. Identified risk offences.
An identified risk offence for the purposes of this Act shall include — (a) any offence as provided in this Part; (b) such other activity that falls within the definition of identified risk, as provided for in section 2, that amounts to an offence under any other law; (c) any offence described in the First Schedule.

MONEY LAUNDERING

8. Proof of money laundering.
For the purpose of this Part —
(a) no conviction for an offence shall be necessary to prove that the property is directly or indirectly the proceeds of crime, nor shall it be necessary to prove that a specific offence has been committed by any person; (b) knowledge, suspicion, intent or purpose may be inferred from objective factual circumstances.

9. Concealing.
(1) A person commits an offence of money laundering if acting with knowledge or reasonable suspicion he — (a) conceals the proceeds of any crime;

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(b) disguises the proceeds of any crime;
(c) converts the proceeds of any crime;
(d) transfers the proceeds of any crime;
(e) removes the proceeds of any crime from The Bahamas.
(2) For the purposes of this section—
(a) concealing or disguising criminal property includes concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it; and (b) concealing or disguising the proceeds of crime also includes the proceeds of any identified risk activity.

10. Arrangements concerning proceeds of crime. A person commits an offence of money laundering if he knows, suspects, or ought to reasonably have known or suspected that he has entered, or is entering into an arrangement which facilitates, by whatever means, the acquisition, retention, use, concealment or the control of proceeds of crime by or on behalf of another person.

11. Acquisition, use and possession of the proceeds of crime. (1) A person who knows or suspects or ought to reasonably have known or suspected that he— (a) acquired or is acquiring the proceeds of crime; (b) used or is using the proceeds of crime; or (c) possessed or possesses the proceeds of crime, commits an offence of money laundering. (2) For the purposes of this section — (a) a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; (b) a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of the possession; (c) the provision by a person of goods or services which he knows or suspects may help another to carry out criminal conduct is not consideration.

12. Failure to disclose.
(1) This section shall apply to a person, firm or sole practitioner engaged in one or more of the following activities —

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(a) accountancy, audit or taxation advice or services; (b) legal or notarial services involving the participation in financial or real property transactions concerning — (i) buying or selling of real property or interest therein; (ii) buying or selling of business entities or interests therein:
(iii) the management of client money, securities or other assets; (iv) the opening or management of bank savings or securities accounts; (v) the organisation of contributions necessary for the creation, operation or management of companies; (vi) the creation, operation or management of trusts, companies or similar structures. (2) A person commits an offence if each of the following three conditions is satisfied, namely — (a) that he — (i) knows or suspects; or (ii) reasonably ought to have known or suspected; that another person is engaged in money laundering or committing an offence related to an identified risk; (b) that the information or other matter — (i) on which his knowledge or suspicion is based; or (ii) which gives reasonable grounds for such knowledge or suspicion; came to him in the course of his business; (c) that he does not make the required disclosure as soon as is practicable after the information or other matter comes to him. (3) The required disclosure referred to in subsection (2) is a disclosure of the information or other matter — (a) to an officer of a body, office or department authorized to receive the disclosure for the purposes of this Part (hereinafter referred to as "the Focal Point Officer"); (b) in the form and manner (if any) prescribed for the purposes of this subsection by the Focal Point Officer. (4) 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; (b) he does not reasonably know or suspect that another person is engaged in money laundering or an identified risk activity.

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(5) A disclosure to a Focal Point Officer is a disclosure which — (a) is made to a person nominated by the alleged offender's employer to receive disclosures under this section (hereinafter referred to as "the Nominated Officer"); and (b) is made in the course of the alleged offender's employment and in accordance with the procedure established by the employer for that purpose.

13. Failure to disclose by nominated officers. (1) A nominated officer commits an offence if— (a) the nominated officer knows or suspects or has reasonable grounds for knowing or suspecting, that another person is engaged in money laundering or an identified risk activity; (b) any information or other matter on which the knowledge or suspicion of the nominated officer is based or which gives reasonable grounds for such knowledge or suspicion, came to him in consequence of a disclosure made under section 19(1)(a); and (c) he does not make the required disclosure as soon as is practicable after the information or other matter comes to him. (2) For the purposes of this section, a required disclosure is a disclosure of the information or other matter— (a) to a Focal Point Officer; (b) in the form and manner (if any) prescribed for by the Financial Intelligence Unit. (3) A person does not commit an offence under this section if he has a reasonable excuse for not disclosing the information or other matter.

14. Tipping off.
A person commits an offence if —
(a) he knows or suspects that —
(i) any disclosure under this Part has been made; or (ii) an action has been taken by the Financial Intelligence Unit in relation to anything under this Part; and (b) he makes a disclosure to another person which is likely to prejudice any investigation which might be conducted following the disclosure referred to in paragraphs (a)(i) or (a)(ii).

15. Penalties.
(1) A person who commits an offence under sections 9 to 11 is liable—

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(a) on summary conviction, to imprisonment for a term not exceeding seven years or to a fine not exceeding five hundred thousand dollars or to both; or (b) on conviction on indictment, to imprisonment for a term not exceeding twenty years or to a fine or to both. (2) A person who commits an offence under sections 12 to 14 is liable— (a) on summary conviction, to imprisonment for a term not exceeding twelve years or to a fine not exceeding five hundred thousand dollars or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding twenty years or to a fine or to both.

16. Defences.
A person does not commit an offence in breach of sections 9 to 11 if— (a) he makes an authorised disclosure under section 19 and (if the disclosure is made before he does the act mentioned in subsection (1)) he has the appropriate consent; (b) he intended to make such a disclosure but had a reasonable excuse for not doing so; (c) he does an act for the purposes of carrying out his functions relating to the enforcement of any provision of this Act.

17. Appropriate consent.
(1) For the purposes of section 16(a), "appropriate consent" is consent obtained from a Focal Point Officer.
(2) A person must be treated as having the appropriate consent if — (a) he makes a disclosure to a Focal Point Officer; and (b) before the end of the notice period — (i) he does not receive notice from a Focal Point Officer that consent to the doing of the act is refused; (ii) he receives notice from a Focal Point Officer that consent to the doing of the prohibited act is refused, during the moratorium period and the period has expired without receiving a final refusal. (3) The notice period referred to in subsection (2)(b) is seven working days starting with the first working day after the person makes the disclosure. (4) The moratorium period referred to in subsection (2)(b)(i) is the period of thirty-one days starting with the day on which the person receives notice that consent to the doing of the act is refused.

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(5) A working day is a day other than a Sunday or a public holiday in The Bahamas.
(6) For the purposes of this section, references to a prohibited act is a reference to an act mentioned in sections 9(1), 10 or 11(1), as the case may be.

PROTECTED AND AUTHORIZED DISCLOSURES

18. Protected disclosures.
(1) A disclosure does not breach any restriction on the disclosure of information, if— (a) the information or other matter disclosed came to the person making the disclosure (hereinafter referred to as the "discloser") in the course of his trade, profession, business or employment; (b) the information or other matter— (i) causes the discloser to know or suspect; or (ii) gives the discloser reasonable grounds for knowing or suspecting, that another person is engaged in money laundering; (c) the disclosure is made to a nominated officer or Focal Point Officer as soon as is practicable after the information or other matter comes to the attention of the discloser. (2) A protected disclosure to a nominated officer is a disclosure which is made in the course of the discloser's employment and in accordance with the procedure established by the employer for that purpose.

19. Authorized disclosures.
(1) For the purposes of this Part, a disclosure is authorized if— (a) it is a disclosure to a Focal Point Officer or a nominated officer by the alleged offender that property is criminal property; (b) the disclosure is made on his own initiative; and (c) it is made in the form and manner (if any) prescribed for the purposes of this subsection by order under section 18; and — (i) the disclosure is made before the alleged offender does the prohibited act; or (ii) the disclosure is made after the alleged offender does the prohibited act; and (iii) there is a good reason for his failure to make the disclosure before he did the act.

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(2) An authorised disclosure is not to be taken to breach any restriction on the disclosure of information, however imposed.
(3) A disclosure to a nominated officer is a disclosure which — (a) is made to a person nominated by the alleged offender's employer to receive authorised disclosures; and (b) is made in the course of the alleged offender's employment and in accordance with the procedure established by the employer for the purpose. (4) For the purposes of this section, references to a prohibited act is a reference to an act mentioned in sections 9(1) or 10 as the case may be.

20. Form and manner of disclosures.
(1) The Minister may by order prescribe the form and manner in which a disclosure under this Part must be made.
(2) An order under this section may provide that the form may require the discloser to provide additional information where specified in the form.
(3) The additional information referred to in subsection (2) must be information which is necessary to enable the person to whom the disclosure is made to decide whether to start a money laundering investigation. (4) A disclosure made in pursuance of a request under subsection (2) is not to be taken to breach any restriction on the disclosure of information, however imposed. (5) Subsection (2) does not apply to a disclosure made to a nominated officer.

21. Application of Parts IV to VI.
Parts IV, V and VI of the Act shall apply to any identified risk offences as described in section 7.

PART IV - CONVICTION BASED CONFISCATION

22. Application of this Part.
(1) An application under this Part can only be made if the offence for which a person was convicted was committed after the commencement of this Act and in the event that the person convicted had benefited from other criminal conduct committed before the commencement of the Act such benefit shall be taken into account when determining an extended benefit.

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(2) An application for a Restraint Order, a Confiscation Order, a Benefit Recovery Order or an Extended Benefit Recovery Order are not criminal proceedings and any fact to be proved shall be proved upon the balance of probabilities.

RESTRAINT ORDERS

23. Application for Restraint Order.
(1) Where a person is a subject of an investigation for an offence, has been charged with an offence, or has been convicted of an offence (hereinafter referred to as "a relevant person") and there are reasonable grounds to believe that he has benefited from an offence or is in possession of property that is an instrumentality of an offence, or terrorist property, the enforcement authority may apply for an order under subsection (2) in respect of any of the following — (a) property that is the proceeds of such offence; (b) instrumentalities of such offence; (c) any property in which the relevant person has an interest; (d) terrorist property. (2) An application for an order under this section to restrain property ("hereinafter referred to as "a restraint order") may be made to secure the property for the purposes of an application for an order under sections 30, 41 or 43. (3) An application under this section shall be made to a Justice of the Supreme Court and may be made ex parte and in camera unless to do so would not be in the interests of justice. (4) An application under this section shall be in writing and shall be supported by an affidavit indicating that an authorised person believes, and the grounds for his belief, that— (a) the relevant person has benefited from an offence; (b) the property is the proceeds or consists of the instrumentalities of crime; (c) the property is terrorist property; or (d) the property is an instrumentality or derived or intended for use in an act of terrorism. (5) Where an application under subsection (2) is made prior to the conviction of a relevant person for an offence, the affidavit shall state the authorised person believes, and the grounds for such belief, that the relevant person

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committed the offence, and is the subject of an investigation for the offence.
(6) An application for a restraint order in respect of property for the purposes of a confiscation order shall be in writing and shall be supported by a affidavit indicating the grounds upon which an authorised person reasonably believes that the relevant person derived a benefit directly or indirectly from the commission of the offence. (7) Where property which is the subject of an application for a restraint order is the property of a third party, the affidavit shall indicate that the authorised person believes, and the grounds for his belief, that the property the subject of the application is property in which the relevant person has an interest.

24. Restraint Order.
(1) Where the enforcement authority applies to the Court for a restraint order in accordance with this section, and the Court is satisfied having regard to the facts and beliefs set out in the affidavit in support of the application and any other relevant matter that there are reasonable grounds to suspect that subsection (1)(a) is satisfied or there are reasonable grounds to believe that any one of subsections (1)(b) and (1)(c) are satisfied, it may make an order in accordance with subsection (2) — (a) where the relevant person has not been convicted of an offence, that he committed an offence and that the person is either the subject of a criminal investigation or has been charged with an offence; (b) where the application for a restraint order is made for the purpose of securing property for a confiscation order, a benefit recovery order or an extended recovery order, that the property could properly be the subject of any such application; or that the relevant person derived a benefit from the commission of the offence and has an interest in that property; or (c) where the application for a restraint order relates to terrorist property, that the property so relates. (2) The Court may order any one or more of the following — (a) that the property, or such part of the property as specified in the order, is not to be disposed of, or otherwise dealt with, by any person, except in such manner and in such circumstances (if any) as are specified in the order; (b) that the property, or such part of the property as is specified in the order, shall be seized, taken into possession, delivered up for safekeeping or otherwise secured by a named authorised officer, the enforcement authority or such other person appointed for this purpose by the Court; or

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(c) if the Court is satisfied that the circumstances so require, direct a Receiver to take custody and control of the property, or such part of the property as is specified in the order and to manage or otherwise deal with the whole or any part of the property in accordance with any direction from the Court. (3) Where a Receiver has been appointed under subsection (2)(c) in relation to property, he may do anything that is reasonably necessary to preserve the property and its value including, without limiting the generality of this subsection — (a) becoming a party to any civil proceedings that affect the property; (b) ensuring that the property is insured and that all obligations in respect of the property are satisfied; (c) realising or otherwise dealing with the property if it is perishable, subject to wasting or other forms of loss, its value volatile, or the cost of its storage or maintenance is likely to exceed its value, provided this power may only be exercised without the prior approval of the Court where — (i) all persons known by him to have an interest in the property consent to the realisation or other dealing with the property; (ii) the delay involved in obtaining such approval is likely to result in a significant diminution in the value of the property; or (iii) the cost of obtaining such approval would, in his opinion, be disproportionate to the value of the property concerned; (d) where the property consists, wholly or partly, of a business — (i) employing, or terminating the employment of, persons in the business; (ii) doing anything that is necessary or convenient for carrying on the business on a sound and lawful commercial basis; and (iii) selling, liquidating or winding up the business if it is not a viable, going concern, subject to obtaining the prior approval of the Court; (e) where the property includes shares in a company, exercising rights attaching to the shares as if he were the registered holder of the shares. (4) Where the Court has appointed a Receiver, it may make further orders — (a) regulating the manner in which the person may exercise his powers or perform his duties under the restraint order; (b) determining any question relating to the property to which the restraint order relates, including any question with respect to the property to which the restraint order relates relating to the liabilities

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of the owner or the exercise of the powers, or performance of the duties, of the person appointed; and (c) directing the owner or another person to do any act or thing necessary or convenient to be done to enable the person appointed to take custody and control of the property in accordance with the restraint order. (5) A restraint order in respect of property may be made whether or not there is any evidence of risk of the property being disposed of, or otherwise dealt with, in such a manner as would defeat the operation of this Act.

25. Notice of Restraint Order.
Where a restraint order is made, the enforcement authority shall, within two working days of the making of the order, or such other period as the Court may direct, give notice of the order to persons affected by the order.

26. International requests.
(1) This section applies —
(a) if a restraint order under section 24 has been made; or (b) in respect of an offence under the law of a foreign jurisdiction in relation to acts or omissions which, had they occurred in The Bahamas, would have constituted an offence in The Bahamas and a request for assistance has been made by the foreign jurisdiction for the restraint, confiscation or civil forfeiture of property relating to such acts or omissions, or for information or evidence that may be relevant to the proceeds, benefits or instrumentalities of the offence. (2) Where the enforcement authority believes that property in which the relevant person has an interest is situated in a foreign jurisdiction, it may request assistance from that foreign jurisdiction to enforce the restraint order in that foreign jurisdiction. (3) The appropriate authority of a Member State of the United Nations may request assistance and such request shall be facilitated by the Competent Authority save if any grounds of refusal exist at common law inclusive of breaches of natural justice. (4) The Competent Authority may decline to exercise its power under this section unless the appropriate authority undertakes to make such contribution towards the cost of the exercise as the Competent Authority considers appropriate.

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27. Court may make further Orders when making Restraint Order. (1) Where a Court makes a restraint order, it may, at the time when it makes the order or at any later time, make any further orders that it considers appropriate to ensure the utility of the order. (2) Without limiting the generality of subsection (1), the Court may on the application of any person affected make — (a) an order revoking the restraint order or varying the property to which it relates; (b) an order varying any condition to which the restraint order is subject; (c) an order directing the owner or the relevant person or a director or officer specified by the Court of a body corporate that is an owner or the relevant person to give to the enforcement authority and to any Receiver appointed pursuant to section 24(2)(c) a sworn statement setting out particulars of all property wherever situated or dealings with such property, of the owner or the relevant person, as the Court thinks proper; (d) an order to provide for meeting, out of the property or a specified part of the property, all or any of the following — (i) the relevant person's reasonable living expenses, including the reasonable living expenses of his dependants, if any, and reasonable business expenses; or (ii) the relevant person's reasonable, proportionate and specified expenses in defending any related criminal charge or proceedings under this Act. (3) A Court may make provision under subsection (2)(d) for reasonable living and business expenses only if — (a) the application is to be made before those expenses are incurred; (b) the relevant person satisfies the Court that he cannot meet such expenses out of assets that are not subject to a restraint order; (c) the relevant person has disclosed the extent of all his interests in all assets in which he has any interest and the Court determines it is in the interest of justice to make such a provision; and (d) the application must be supported by evidence which explains how those expenses shall be incurred. (4) Where a person is required to give a statement pursuant to subsection (2)(c), the person is not excused from making the statement on the ground that the statement might incriminate the person, or make the person liable to a confiscation order, benefit recovery order, extended benefit recovery order or a penalty.

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(5) Where a person makes a statement pursuant to an order under subsection (2)(c), anything disclosed in any any statement and any information, document or thing obtained as a direct or indirect consequence of the statement is not admissible against the person in any criminal proceeding except a proceeding in respect of the falsity of the statement.

28. Exclusion of property from Restraint Order. (1) Where a person who is not the relevant person has an interest in property that is subject to a restraining order makes an application to the Court to exclude his interest from the order, the Court may grant the application if it is satisfied — (a) that the property interest which is the subject of the application is not property in which the relevant person has an interest; (b) that the property is not or does not represent proceeds or an instrumentality, and that the applicant was not, in any way, involved in the commission of the offence in relation to which the restraining order was made; (c) where the applicant acquired the interest before the commission of the offence, that the applicant did not know that the relevant person would use, or intended to use, the property in or in connection with the commission of the offence; (d) where the applicant acquired the interest at the time of or after the commission or alleged commission of the offence, that the interest was acquired in circumstances which would not arouse a reasonable suspicion that the property was proceeds or an instrumentality of crime. (2) For the purposes of this section, value of the applicant's interest shall be in proportion to the lawful consideration the applicant provided to the relevant person. (3) Where a relevant person who has interest in property, that is subject to a restraint order, applies to the Court to exclude his interest from the order, the Court shall grant the application only if it is satisfied — (a) in the case of an order that secures property for a confiscation order, that the property is not the proceeds or an instrumentality of crime or terrorist property; and (b) in the case of an order that secures property for a benefit recovery order, or extended benefit recovery order, that a benefit recovery order or extended benefit recovery order cannot be made against the relevant person. (4) Where property is restrained to secure it for the purposes of a confiscation order, a benefit recovery or an extended benefit recovery order, a Court

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may decline to exclude property from restraint under this section unless satisfied that each of the relevant provisions for exclusion apply.

29. Contravention of Restraint Order.
(1) A person or any director of a legal person who knowingly contravenes a restraint order by disposing of or otherwise dealing with property that is subject to the restraint order commits an offence and is liable upon conviction on indictment to imprisonment for a period not exceeding twenty-five years or to a fine or both; or if the person is a legal person to a fine. (2) Where a restraint order is made against a property and the property is disposed of or otherwise dealt with in contravention of the restraint order, and the disposition was for insufficient consideration or the purchaser did not act in good faith, the enforcement authority may apply to the Court for an order that the disposition or dealing be set aside.

30. Seizure Order for property subject to Restraint Order. (1) On application by the authorised officer, the Court may make an order for the enforcement authority to search for and seize property that is the subject of a restraint order, or property which the Court reasonably believes is an instrumentality of crime, or terrorist property, provided it is satisfied that the restraint order may not be effective to preserve the subject of the restraint order. (2) An order under this section may also grant power to a person named in the order to enter any premises to which the order applies, and to use all necessary force to effect such entry. (3) If during the course of searching under an order granted under this section, the person named in the order finds anything that he believes on reasonable grounds — (a) will afford evidence as to the commission of an offence; or (b) is of a kind which could have been included in the order had its existence been known of at the time of application for the order, he may seize that property or thing and the seizure order shall be deemed to authorise such seizure. (4) Except where the Court orders otherwise, property seized under this section shall be retained by the enforcement authority until further order of the Court unless required as evidence in any criminal proceedings.

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31. Protection of the Receiver.
Where a Court has appointed a Receiver in relation to property, he shall not be liable for any loss or claim arising out of the exercise of powers conferred upon him by the order or this Part unless the Court is satisfied that — (a) the applicant has an interest in the property in respect of which the loss or claim is made; and (b) the loss or claim arose by reason of the negligence or reckless or intentional misconduct of the person appointed.

32. Duration of Restraint Order.
Unless the Court otherwise orders in the interest of justice, a Court which makes a restraint order pursuant to this Part upon the basis that a person is the subject of an investigation shall discharge the order upon application if the person is not charged within three years of the date of the original order or up to the conclusion of any proceedings commenced, whichever is the later.

CONFISCATION AND BENEFIT RECOVERY ORDERS

33. Application for Confiscation Order.
(1) Where a relevant person is convicted (whether before a magistrates' court or the Supreme Court), the enforcement authority may apply for one or more of the following orders, which shall be determined by the Court before which the relevant person was convicted — (a) a confiscation order against property that is proceeds or an instrumentality of that offence or terrorist property; (b) a benefit recovery order; or (c) an extended benefit recovery order against the person. (2) Except with the leave of the Court, the enforcement authority must make an application under subsection (1) within six months of the date upon which a relevant person was convicted of the offence. (3) The Court shall grant leave under subsection (2) only if it is satisfied that it is in the interests of justice to do so. (4) The enforcement authority may amend an application for a confiscation order, a benefit recovery order or an extended benefit recovery order at any time prior to the final determination of the application by the Court, providing that reasonable notice of the amendment is given to affected persons. (5) Where an application under this section has been finally determined, the enforcement authority may not make a further application for a

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confiscation order, benefit recovery order or an extended benefit recovery order in respect of the same offence without the leave of the Court.
(6) The Court shall not give such leave unless it is satisfied that— (a) the property or benefit to which the new application relates was identified after determination of the previous application; or (b) necessary evidence became available after the previous application was determined; and (c) it is in the interests of justice to do so. (7) For the purposes of this section, a person shall also be treated as convicted of an offence if— (a) he is found not guilty by reason of insanity following a determination that the criminal acts were committed; or (b) the Court takes the offence into consideration with the consent of the convicted person when passing sentence.

34. Application for Confiscation or Benefit Recovery Order. (1) On application by the enforcement authority the Court may treat a person as convicted for the purposes of section 33 where — (a) that person was charged with an offence, a warrant for his arrest was issued in relation to the charge and reasonable attempts to arrest him pursuant to that warrant have been unsuccessful during the period of six months commencing on the day the warrant was issued; or (b) that person was charged with an offence but died without the charge having been determined, having regard to all the evidence before the Court that such evidence is of sufficient weight to support a conviction for the offence. (2) For the purposes of subsection (1)(a), a person shall be deemed to have been convicted on the last day of the period referred to in that subsection. (3) The enforcement authority may not make application under section 43 for an extended benefit order in the case of a person deemed to be convicted under this section. (4) Where a person has died, any notice authorised or required to be given to a person under this Part may be given to the person's legal personal representative. (5) A reference in this Part to a person's interest in property is, if the person has died, a reference to an interest in the property that the person had immediately before his death.

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35. Service of application and appearances. (1) Where the enforcement authority makes an application for an order under section 34(1)— (a) it shall serve a copy of the application, which shall include a affidavit setting out all of the facts and matters upon which the enforcement authority relies, on the person convicted and on any other person whom the enforcement authority has reason to believe may have an interest in the property; (b) the person convicted and any other person claiming an interest in the property may appear and adduce evidence at the hearing of the application; and (c) the Court may, at any time before its final determination of the application, direct the enforcement authority to provide such notice as the Court deems appropriate to any person who, in the Court's opinion, appears to have an interest in the property. (2) The absence by absconding or death of the person, or of any person to whom notice has been given, does not prevent the Court from making an order in their absence. (3) The Court may waive the requirements under subsection (1) to give notice if — (a) the person convicted is before the Court; and (b) the Court is satisfied either that any other person who has an interest in the property is present before the Court or that it is fair to waive the requirement despite any such person not being present.

36. Procedure on application.
(1) Where an application is made for an order under section 34, the Court may, in determining the application, have regard to any evidence received in the course of the proceedings against the person convicted. (2) Where an application for an order under section 34 is before the Court, before which the relevant person was convicted, the Court may, if satisfied it is reasonable to do so, defer imposing a sentence until it has determined the application. (3) Where the Court determines not to defer imposing sentence, it shall leave out of account in deciding the appropriate sentence any financial orders which it may otherwise consider appropriate. (4) Where the Court does defer imposing sentence, it shall determine the extent of any order under section 34 before considering any other financial order.

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37. Confiscation Order on conviction.
(1) A confiscation order is an order in rem, following conviction for an offence, to forfeit to the Crown property that is the proceeds or instrumentalities of that offence or terrorist property. (2) The Court may make an order under this section if the enforcement authority has applied to the Court for an order under section 33, or if the Court believes it is appropriate to make such an order. (3) Where the Court is satisfied that property— (a) is the proceeds of crime or terrorist property the Court shall order that such property be confiscated; or (b) is an instrumentality of crime the Court shall order that it be confiscated. (4) In considering whether to make a confiscation order relating to an instrumentality, the Court may have regard to the rights and interests of third parties taking into account the interests of justice and in particular having regard to the public interest in the confiscation of the instrumentalities of crime. (5) In determining whether property is— (a) an instrumentality, the Court may infer that the property is an instrumentality if it was in the relevant person's possession at the time of or immediately after the commission of the offence unless the relevant person satisfies the Court that such inference is inappropriate; (b) proceeds, the Court may infer that the property was derived, obtained or realised as a result of or in connection with the commission of the offence, if it was acquired or possessed by the relevant person, during or after the commission of the offence, unless the relevant person satisfies the Court that such inference is inappropriate; (c) terrorist property, the Court may infer that the property was derived, obtained or realised as a result of or in connection with terrorist acts if it was acquired or possessed by the relevant person, unless the relevant person satisfies the Court that such inference is inappropriate. (6) Where the Court makes an order under this section in respect of property other than money, the Court shall specify the monetary amount that it considers to be the value of the property at the time of its order. (7) Where a Court is minded to make a confiscation order under this section but the property is no longer available, the Court may make an order in a monetary value equivalent to the original property.

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(8) Where the Court makes an order under this section, it may give such directions as are necessary or convenient for giving effect to the order.

38. Enforcement of Confiscation Order abroad. (1) This section applies if a confiscation order under section 37 has been made and the order is no longer subject to appeal. (2) Where a confiscation order has been made in respect of property which is situated in a foreign jurisdiction, the enforcement authority may request assistance from the appropriate authorities in the foreign jurisdiction to enforce the said order. (3) If a request under subsection (2) has resulted in the realisation of property in the foreign jurisdiction, the property realised shall be applied in accordance with the terms of any agreement between The Bahamas and such foreign jurisdictions and any such realisation shall be treated as compliance by the relevant person with the terms of the order.

39. Effect of Confiscation Order.
(1) Subject to subsection (2), where a Court makes a confiscation order, the property shall vest in the Treasurer of The Bahamas upon the making of the order.
(2) Where title to property is conveyed or transferred by registration, the property shall vest in the Treasurer by virtue of the order.
(3) Upon the vesting of property, the enforcement authority is authorised to do anything necessary or convenient to secure registration including executing instruments for transferring an interest in the property. (4) Where the Court makes a confiscation order, the property shall not, except with the leave of the Court and in accordance with any directions of the Court, be disposed of, or otherwise dealt with before the expiration of the appeal period applicable to the confiscation order, or, if an appeal is made, before the appeal is finally determined.

40. Exclusion of property from a Confiscation Order. (1) A person who is not the relevant person and who has an interest in property that is subject to a confiscation order may apply to the Court to exclude his interest from the order. (2) The Court shall grant the application under subsection (1) if satisfied— (a) that the property is not proceeds of any offence or an instrumentality; or (b) that the applicant was not in any way involved in the commission of the offence in relation to which the order was made; and

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(c) where the applicant acquired the interest before the commission of the offence, he did not know that the relevant person would use, or intended to use, the property in or in connection with the commission of the offence; or (d) where the applicant acquired the interest at the time of or after the commission of the offence, the interest was acquired in circumstances which did not provide grounds for a reasonable suspicion that the property was proceeds of crime or an instrumentality. (3) For purposes of subsections (1)(c) and (1)(d), the value of the applicant's interest shall be in proportion to the consideration the applicant provided to the relevant person. (4) An application under this section may be made whether or not the interest in property the subject of the application is or was the subject of a restraint order. (5) An application under this section shall not be made more than three months after the day on which the confiscation order is made. (6) A person who was served with the application for a confiscation order or made an appearance at the hearing on the application for a confiscation order may not, without leave of Court, make an application under this section after either the confiscation order was made or an application to exclude the property from restraint under section 28 was considered and dismissed.

41. Benefit Recovery Order on conviction.
(1) A benefit recovery order is an order in personam requiring the relevant person to pay an amount equal to the benefit which he derived as a result of or in connection with his conviction and related criminal activities. (2) The Court may make an order under this section if the enforcement authority has applied to the Court for a benefit recovery order or if the Court considers it appropriate to do so. (3) Where the Court is satisfied that the relevant person has benefited from his conduct or has benefited from any criminal activity, it shall order him to pay an amount equal to the value of his benefit. (4) The Court shall assess the value of the benefit which a person has derived from an offence and other criminal activity in accordance with sections 42 to 44. (5) Where the Court makes a benefit recovery order against a person — (a) the order shall not, except with the leave of the Court and in accordance with any directions of the Court, be enforced before the conclusion of any relevant appeal; and

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(b) if, after the relevant appeal date, the order has not been varied or quashed, the order shall then be enforced and any proceeds applied in accordance with this Part and any directions given by the Court. (6) Where the enforcement authority has applied to the Court for a benefit recovery order, it shall provide to the Court and serve upon the relevant person a statement setting out an assessment of the value of the benefit obtained by the relevant person and the Court may, for the purposes of determining whether benefit is established and the value of the benefit, treat any acceptance by the relevant person of the allegations set out in the statement as conclusive of the matters to which it relates. (7) The Court shall require the relevant person who has been served with a copy of a statement under subsection (6) to respond to each and every allegation in it and, in so far as he does not accept any allegation, to indicate on oath any facts upon which he proposes to rely. (8) The Court may treat the relevant person's failure to respond or to indicate the facts upon which he will rely as his acceptance of every allegation in the statement other than — (a) an allegation regarding whether he complied with the requirement; and (b) an allegation that he has benefited from the offence or that he obtained any property or advantage as a result of or in connection with the commission of the offence. (9) For the purposes of this section "relevant appeal" where used in relation to a benefit recovery order made in consequence of a person's conviction means— (a) the date on which the period allowed by rules of Court for the lodging of an appeal against a person's conviction, or for the lodging of an appeal against the making of a benefit recovery order, expires without an appeal having been lodged, whichever is the later; or (b) where an appeal against a person's conviction or against the making of a benefit recovery order is lodged, the date on which the appeal lapses in accordance with the rules of Court or is finally determined, whichever is the later.

42. Determination of the value of benefit. (1) For the purposes of this Part,