Drug Trafficking Offences (Amendment) Act, 2021

No. 24 of 2021
VIRGIN ISLANDS
DRUG TRAFFICKING OFFENCES (AMENDMENT) ACT, 2021 ARRANGEMENT OF SECTIONS
Section
1… Short title and commencement.
2… Section 2 amended.
3… Section 4A inserted.
4… Section 9 amended.
5… Section 32A inserted.
6… Section 33 amended.
7… Section 34 amended.
8… Section 35 amended.
9… Section 36 amended.
10… Section 37 amended.
11… Section 38 amended.
12… Section 39 amended.
13… Section 48 amended.

No. 24 of 2021 Drug Trafficking Offences Virgin (Amendment) Act, 2021 Islands I Assent (Sgd.) John J. Rankin CMG Governor. 14th June, 2021 VIRGIN ISLANDS No. 24 of 2021 An Act to amend the Drug Trafficking Offences Act, 1992 (No. 5 of 1992) and to provide for other matters connected therewith. [Gazetted 22nd June, 2021] ENACTED by the Legislature of the Virgin Islands as follows:

1. (1) This Act may be cited as the Drug Trafficking Offences (Amendment)
   Act, 2021.
   (2) This Act shall come into force on such date as the Governor may, by Proclamation published in the Gazette, appoint.
2. Section 2 of the Drug Trafficking Offences Act, 1992 (hereinafter referred to as the
   “principal Act”) is amended by deleting the definition of “Steering Committee”.
3. The principal Act is amended by inserting immediately after section 4, the
   following new section
   4A. (1) Where a police officer or the Agency institutes investigations in respect of a drug trafficking offence, the police officer or the Agency, as the case may be, shall where it is reasonable to do so having regard to the nature and circumstance of the drug trafficking offence, at the same time investigate any related drug money laundering offence. Short title and commencement.
   Section 4A
   inserted.
   “Investigation of drug trafficking offence.
   Section 2
   amended.

(2) Subsection (1) also applies where the Agency, acting in accordance with the powers conferred on it under section 4 (2) (l) of the Financial Investigation Agency Act, 2003, provides documents and other information to the Commissioner of Police in relation to the commission of an offence.”
4. Section 9 of the principal Act is amended
(a) by inserting after subsection (5), the following new subsection⸻ “(5A) Subsection (5) shall not affect the power of the court to deal with the defendant in respect of a failure to comply with an order under this section.”; and (b) by adding after subsection (7), the following new subsections⸻ “(8) Where the court makes an order under this section, it may at any time vary it by making another order. (9) No information given under this section which amounts to an admission by the defendant that he has benefitted from criminal conduct is admissible in evidence in proceedings for an offence, but such document or information is otherwise admissible in evidence in proceedings for a confiscation or forfeiture order.”.
5. The principal Act is amended by inserting after section 32, the following new
section
32A. (1) The Agency shall be the authority responsible for the receipt of reports on suspicious transactions and other disclosures relating to drug money laundering. (2) Where an obligation is placed on a person under this Act or any other enactment to make a suspicious transaction report or other disclosure in relation to a drug money laundering activity, that report or disclosure shall be made to the Agency. (3) Where the Agency receives a suspicious transaction report or other disclosure relating to drug money laundering, it shall deal with the report or other disclosure in accordance with its functions under the Financial Investigation Agency Act, 2003 or in such other manner as may be provided under this Act or any other enactment.”
Section 9
amended.
Section 32A
inserted.
“Authority for receipt of suspicious transaction reports.
Section 33
amended.

6. Section 33 of the principal Act is amended
   (a) in subsection (3), by deleting the words “a police officer” in the opening paragraph and substituting the words “the Agency”; (b) in subsection 4 (c) (i), by deleting the words “a police officer” and substituting the words “the Agency”; (c) in subsection (5), by deleting the words “a police officer” and substituting the words “the Agency”; (d) by deleting subsection (6) and substituting the following subsection “(6) Where information is disclosed to or received by the Agency under this section, the Agency may disclose the information⸻ (a) to any law enforcement agency in the Territory; (b) to any law enforcement agency in any other country, in order (i) to report the possible commission of an offence; (ii) to initiate criminal investigation respecting the matter disclosed; (iii) to assist with any criminal investigations or criminal proceedings respecting the matter disclosed; or (iv) to generally give effect to the purposes of this Act.”; and (e) in subsection (8), by deleting the words “the Steering Committee or”.
7. Section 34 of the principal Act is amended
   (a) in subsection (5), by deleting the words “a police officer” wherever they appear in the opening paragraph and substituting the words “the Agency”;
   Section 34
   amended.

(b) in subsection (7) (a), by deleting the words “a police officer” and substituting the words “the Agency”; (c) in subsection (8), by deleting the words “a police officer” and substituting the word “the Agency”; (d) by deleting subsection (9) and substituting the following subsection “(9) Where information is disclosed to or received by the Agency under this section, the Agency may disclose the information (a) to any law enforcement agency in the Territory; (b) to any law enforcement agency in any other country, in order (i) to report the possible commission of an offence; (ii) to initiate criminal investigation respecting the matter disclosed; (iii) to assist with any criminal investigations or criminal proceedings respecting the matter disclosed; or (iv) to generally give effect to the purposes of this Act.”; and (e) in subsection (12), by deleting the words “the Steering Committee or”.
8. Section 35 of the principal Act is amended in subsection (5), by deleting the
words “the Steering Committee or”.
9. Section 36 of the principal Act is amended
(a) in subsection (1)(c), by deleting the words “a police officer” and substituting the words “the Agency”; and (b) in subsection (4), by deleting the words “a police officer” and substituting the words “the Agency”.
10. Section 37 of the principal Act is amended
Section 35
amended.
Section 36
amended.
Section 37
amended.

(a) in subsection (1)(a), by inserting the words, “the Agency” after the words “knows or suspects that”; (b) in subsection (2)(a), by deleting the words “a police officer” and substituting the words “the Agency”; (c) by repealing subsection (7); and (d) in subsection (9), by deleting the words “the Steering Committee or”.
11. Section 38 of the principal Act is amended
(a) in subsection (1),
(i) by deleting paragraph (a) and substituting the following paragraph⸻ “(a) direct in relation to a country or territory outside the Territory (referred to in this section and section 33 as a “requesting country”) that, subject to such modifications as may be specified, this Act shall apply to external confiscation orders and to proceedings which have been and are to be instituted in the requesting country and may result in an external confiscation order being made there;” and (ii) in paragraphs (b) and (c), by deleting the words “designated country” wherever they occur and substituting the words “requesting country”; (b) in subsection (2), by deleting the words “designated country”, in the definition of “external confiscation order”, and substituting the words “requesting country”.
12. Section 39 of the principal Act is amended in subsection (1), by replacing the
words “designated country” where they occur with the words “requesting country”.
13. Section 48 of the principal Act is amended
(a) by deleting subsection (1) and substituting the following subsection ⸺
Section 48
amended.
Section 38
amended.
Section 39
amended.

“(1) A police officer or customs officer may seize or detain any cash which ⸻ (a) is found in the Territory, or (b) is being imported into or exported from the Territory if its amount is not less than $10,000, and he or she has reasonable grounds for suspecting the cash (i) is intended by any person for use in drug trafficking or drug money laundering; or (ii) directly or indirectly represents any person’s proceeds of drug trafficking or drug money laundering.”; and (b) in subsection (2), by deleting the words “in subsection (1)” and substituting the words “in subsection (1) (b)”. Passed by the House of Assembly this 11th day of May, 2021. (Sgd.) Julian Willock, Speaker. (Sgd.) Phyllis Evans, Clerk of the House of Assembly.