Miscellaneous Provisions (POCA, ATA and FIUA) Act, 2018

AN ACT to amend the Proceeds of Crime Act, Chap 11:27, the Anti-Terrorism Act, Chap 12:07 and the Financial Intelligence Unit of Trinidad and Tobago Act, Chap 72:01 [Assented to 31st December, 2018] ENACTED by the Parliament of Trinidad and Tobago as follows:

1. This Act may be cited as the Miscellaneous Provisions (Proceeds of Crime, Anti-Terrorism and Financial Intelligence Unit of Trinidad and Tobago) Act,

Enactment Short title Fourth Session Eleventh Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 20 of 2018 [L.S.]

2. The Proceeds of Crime Act is amended— (a) in section 2, in paragraph (e) of the definition of “financial institution”— (i) by deleting the words “, agent”; and (ii) by inserting after the word “Act”, the words “involved in the under￾writing and placement of life insur￾ance, other than term life insur￾ance, and other investment related insurance”; (b) in section 51— (i) by inserting after subsection (1) the following new subsection: “ (1A) A person commits an offence if— (a) he knows or suspects that a financial insti￾tution or listed business is reviewing infor￾mation to determine whether to file or is otherwise in the process of filing a suspi￾cious trans￾action report or suspicious activity report; and (b) he discloses to any other person Chap. 11:27 amended 2 No. 20 Miscellaneous Provisions (Proceeds of Crime, Anti- 2018 Terrorism and Financial Intelligence Unit)

information or any other mat￾ter which is likely to preju￾dice the filing of the suspicious transaction report or suspi￾cious activity report.”; (ii) by inserting after subsection (4), the following subsection: “ (4A) Nothing in sub￾section (1) to (3) makes it an offence for an employee, officer or agent of a financial institu￾tion in a financial group to disclose information to an employee, officer or agent of another financial institution in the financial group.”; and (iii) in subsection (5), by deleting the words “Subsection (4) does” and substituting the words “Subsections (4) and (4A) do”; (c) in section 53— (i) by inserting after subsection (1) the following subsection: “ (1A) A person who know￾ingly attempts, aids, abets, conspires, procures or other￾wise facilitates the commis￾sion of an offence under sec￾tion 45 commits an offence and is liable on conviction on No. 20 Miscellaneous Provisions (Proceeds of Crime, Anti- 2018 3 Terrorism and Financial Intelligence Unit)

indictment to a fine of twenty￾five million dollars and to imprisonment for fifteen years.”; and (ii) by inserting after subsection (3), the following subsection: “ (4) N o tw i t h s ta n d i ng subsections (2) and (3), where a person employed in the service of the State as a public officer or on contract, commits an offence under— (a) section 51, he is liable on sum￾mary conviction to a fine of ten million dollars and to impris￾onment for ten years; or (b) section 52, he is liable on sum￾mary conviction to a fine of five hundred thou￾sand dollars and to impris￾onment for five years.”; (d) by repealing section 54; (e) in section 55(3C), by deleting the words “subsection (1)” and substituting the words “subsection (2)(a)(ii)”; (f) in section 55B, by inserting after the word 4 No. 20 Miscellaneous Provisions (Proceeds of Crime, Anti- 2018 Terrorism and Financial Intelligence Unit)

“shall”, the words “, whether or not the underlying criminal activity was known or any illegal activity occurred,”; (g) in section 55D (4), in paragraph (a) of the definition of “Supervisory Authority”, by deleting— (i) the words “or the National Insurance Board established under the National Insurance Act” and “the Unit Trust Corporation of Trinidad and Tobago established under the Unit Trust Corporation of Trinidad and Tobago Act”; and (ii) the words “Company and” and sub￾stituting the words “Company,”; (h) in section 57(2)— (i) by inserting after the words “offence and”, the word “is”; and (ii) by deleting the words “, whether or not the company has been prosecuted or convicted”; and (i) by inserting after section 57, the following Part: “PART IIA NATIONAL ANTI-MONEY LAUNDERING COUNTER FINANCING OF TERRORISM COMMITTEE 57A. (1) There shall be established a committee to be known as “the National Anti-Money Laundering and Counter Financing of Terrorism Committee” (“NAMLC”) which shall be responsible— (a) for— (i) making recommen￾dations to the No. 20 Miscellaneous Provisions (Proceeds of Crime, Anti- 2018 5 Terrorism and Financial Intelligence Unit)

Minister in relation to the development; and (ii) coordinating the implementation, of national anti-money laundering, counter financ￾ing of terrorism and prolif￾eration financing policies; (b) for collecting and compiling statistics with respect to anti-money laundering, counter financing of terror￾ism and proliferation financing; and (c) for coordinating the conduct of national risk assessments and mutual evaluations. (2) The NAMLC shall comprise a minimum of nine, but no more than fifteen, members selected from among— (a) persons representing— (i) the Ministry with responsibility for finance; (ii) the Ministry with responsibility for national security; (iii) the Attorney General; (iv) the Director of Public Prosecutions; (v) the Commissioner of Police; 6 No. 20 Miscellaneous Provisions (Proceeds of Crime, Anti- 2018 Terrorism and Financial Intelligence Unit)

(vi) the Financial Intelligence Unit of Trinidad and Tobago; (vii) the Central Bank; (viii) the Chairman of the Board of Inland Revenue; and (ix) the Trinidad and Tobago Securities and Exchange Commission; and (b) such other persons as the Minister thinks fit. (3) A member of the NAMLC shall be appointed by the Minister for a period not exceeding four years and may be reap￾pointed. (4) The Minister shall appoint the Chairman and Deputy Chairman of the NAMLC from among the members of the NAMLC. (5) The terms and conditions of the appointment of a member of NAMLC and the period of tenure of office shall be such as the Minister may set out in the instru￾ment of appointment. (6) The NAMLC may establish such subcommittees as it thinks fit. (7) In this Part, “Minister” means the Minister to whom responsibility for NAMLC is assigned. 57B. NAMLC may make rules to govern its own procedure.”. No. 20 Miscellaneous Provisions (Proceeds of Crime, Anti- 2018 7 Terrorism and Financial Intelligence Unit)

3. The Anti-Terrorism Act is amended— (a) in section 22B, in subsections (2), (3), (9) and (9A), by deleting the words “(1)” wherever they occur and substituting in each place the words “(1A)”; (b) by inserting after section 38A, the following Part: “PART-IIA THE ANTI-TERRORISM UNIT 38B. (1) There is established in the Office of the Attorney General, a unit to be known as “the Anti-Terrorism Unit” (“the Unit”). (2) The functions of the Attorney General under this Act may be exercised by the Attorney General in person or through a public officer or legal officer who is— (a) employed in the Unit; (b) authorised by the Attorney General in writing; and (c) acting under and in accordance with the general or special directions of the Attorney General. (3) Nothing in this section shall be construed as authorising a public officer or legal officer to make an Order or other statutory instrument under this Act. 38C. (1) The Attorney General shall, within three months after the end of each year, cause a report with respect to the per￾formance of his functions under this Act to be prepared. (2) A report under subsection (1) shall contain such statistical and other Chap. 12:07 amended 8 No. 20 Miscellaneous Provisions (Proceeds of Crime, Anti- 2018 Terrorism and Financial Intelligence Unit)

information as the Attorney General thinks fit in relation to— (a) court listings; (b) international cooperation; (c) forfeitures; and (d) such other matters as the Attorney General considers necessary. (3) The Attorney General shall cause a copy of the report prepared under subsection (1) to be laid before both Houses of Parliament within one month after its completion.”. 4. (1) The Financial Intelligence Unit of Trinidad and Tobago Act is amended— (a) in section 8(3)(d), by deleting the word “55(3)” and substituting the word “55A”; and (b) in section 19, by deleting the words “section 55(7) of”. (2) Regulation 2 of the Financial Intelligence Unit of Trinidad and Tobago Regulations is amended in the definition of “Suspicious Transaction/Activity Report” by deleting the words “section 55(3)” and substituting the words “section 55A”. Passed in the House of Representatives this 17th day of December, 2018. Clerk of the House Passed in the Senate this 19th day of December, 2018. Clerk of the Senate (Ag.) Chap. 72:01 amended PRINTED BY THE GOVERNMENT PRINTER, CARONI REPUBLIC OF TRINIDAD AND TOBAGO—2018 No. 20 Miscellaneous Provisions (Proceeds of Crime, Anti- 2018 9 Terrorism and Financial Intelligence Unit)