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Proceeds-Of-Crime-Act Cap.04.0 MONTSERRAT CHAPTER 4.04 PROCEEDS OF CRIME ACT and Subsidiary Legislation Revised Edition showing the law as at 1 January 2013 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act. This edition contains a consolidation of the following laws— Page PROCEEDS OF CRIME ACT 3 Act 1 of 2010 .. in force 12 April 2010 (S.R.O. 19/2010) Amended by Acts: 6 of 2010 .. in force 15 April 2010 8 of 2011 .. in force 9 August 2011 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) PROCEEDS OF CRIME (APPOINTMENT OF MANAGER AND RECEIVING OFFICER) ORDER – Section 128(4) 163 S.R.O. 17/2010 .. in force 12 April 2010 NON-PROFIT ORGANISATIONS REGULATIONS– Sections 170 & 182 S.R.O. 24/2010 .. in force 16 April 2010 165 Amended by Act 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) ANTI-MONEY LAUNDERING AND TERRORIST FINANCING REGULATIONS– Section 182 S.R.O. 27/2010 .. in force 27 April 2010 177 Amended by S.R.O. 75/2012 .. in force 27 December 2012 Continued on the Inside Cover… Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai PROCEEDS OF CRIME (NON-FINANCIAL SERVICE PROVIDERS) (FEES) REGULATIONS - Section 182 S.R.O. 32/2011 .. in force 8 August 2011 209 PROCEEDS OF CRIME (SEIZURE AND DETENTION OF CASH) 211 ORDER - Section 182 S.R.O. 32/2012 .. in force 12 July 2012 The Anti-money Laundering and Terrorist Financing Code 2010 (S.R.O. 26/2010) is not included in this edition. Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai MONTSERRAT CHAPTER 4.04 PROCEEDS OF CRIME ACT and Subsidiary Legislation Revised Edition showing the law as at 1 January 2013 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act. This edition contains a consolidation of the following laws— Page PROCEEDS OF CRIME ACT 3 Act 1 of 2010 .. in force 12 April 2010 (S.R.O. 19/2010) Amended by Acts: 6 of 2010 .. in force 15 April 2010 8 of 2011 .. in force 9 August 2011 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) PROCEEDS OF CRIME (APPOINTMENT OF MANAGER AND RECEIVING OFFICER) ORDER – Section 128(4) 163 S.R.O. 17/2010 .. in force 12 April 2010 NON-PROFIT ORGANISATIONS REGULATIONS– Sections 170 & 182 S.R.O. 24/2010 .. in force 16 April 2010 165 Amended by Act 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) ANTI-MONEY LAUNDERING AND TERRORIST FINANCING REGULATIONS– Section 182 S.R.O. 27/2010 .. in force 27 April 2010 177 Amended by S.R.O. 75/2012 .. in force 27 December 2012 Continued on the Inside Cover… Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai PROCEEDS OF CRIME (NON-FINANCIAL SERVICE PROVIDERS) (FEES) REGULATIONS - Section 182 S.R.O. 32/2011 .. in force 8 August 2011 209 PROCEEDS OF CRIME (SEIZURE AND DETENTION OF CASH) 211 ORDER - Section 182 S.R.O. 32/2012 .. in force 12 July 2012 The Anti-money Laundering and Terrorist Financing Code 2010 (S.R.O. 26/2010) is not included in this edition. Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAWS OF MONTSERRAT Proceeds of Crime CAP. 04.04 3 Revision Date: 1 Jan 2013 CHAPTER 4.04 PROCEEDS OF CRIME ACT ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY SECTION 1. Short title 2. Interpretation 3. Meaning of, and provisions relating to, “property” 4. Benefit from criminal conduct and pecuniary advantage 5. Institution and conclusion of proceedings PART 2 CONFISCATION Preliminary 6. Purpose of this Part Confiscation order 7. Confiscation order 8. Effect of confiscation order on Court’s other powers Meaning of principle terms used 9. General and particular criminal conduct 10. Defendant’s benefit 11. Criminal lifestyle 12. Assumptions to be made where Court determines defendant has criminal lifestyle 13. Recoverable amount 14. Realisable property 15. Value of property 16. Value of property obtained from conduct 17. Gifts 18. Tainted gifts 19. Value of tainted gifts Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAWS OF 4 CAP. 04.04 Proceeds of Crime MONTSERRAT Revision Date: 1 Jan 2013 Satisfaction of confiscation order 20. Payment of confiscation order 21. Interest on sums unpaid under confiscation order Procedural matters 22. Statement of information 23. Defendant’s response to statement of information 24. Provision of information by defendant 25. Postponement 26. Effect of postponement Reconsideration 27. Reconsideration of case where no confiscation order made 28. Reconsideration of benefit where no confiscation order made 29. Reconsideration of benefit where compensation order made 30. Reconsideration of amount available to defendant where order made Variation and discharge 31. Variation of order where amount available to defendant is inadequate 32. Discharge of order for inadequacy of amount available to defendant 33. Discharge of order where small amount outstanding 34. Information Defendant absconds 35. Defendant convicted or committed 36. Defendant neither convicted nor acquitted 37. Variation of order 38. Discharge of order Appeals 39. Appeal to Court of Appeal 40. Court’s powers on appeal Restraint orders 41. Conditions for exercise of powers 42. Restraint orders 43. Application, discharge and variation 44. Hearsay evidence 45. Prosecutor may lodge caution 46. Appointment of management receiver 47. Appointment of enforcement receiver 48. Effect of restraint order 49. Application of proceeds of realisation and other sums 50. Further provisions with respect to receivers Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAWS OF MONTSERRAT Proceeds of Crime CAP. 04.04 5 Revision Date: 1 Jan 2013 51. Discharge and variation 52. Discharge of management receiver 53. Winding up of company holding realisable property 54. Exercise of powers by Court or receiver Miscellaneous 55. Compensation 56. Enforcement abroad Magistrate’s Court 57. Committal by Magistrate’s Court 58. Confiscation orders by Magistrate’s Court 59. Sentencing by Court PART 3 CIVIL FORFEITURE Preliminary 60. Purpose of this Part 61. Interpretation for this Part 62. Property excluded from definition of recoverable property 63. Granting of interests in recoverable property Civil forfeiture order 64. Application for civil forfeiture order 65. Civil forfeiture order 66. Associated and joint property 67. Payment to trustee, associated and joint property 68. Associated and joint property: default of agreement 69. Order staying civil forfeiture proceedings Effect of civil forfeiture order 70. Effect of civil forfeiture order Limitations on, and relief from, civil forfeiture orders 71. Circumstances when civil forfeiture order must not be made 72. Tainted property 73. Application by owner for declaration that property not recoverable property 74. Limit on forfeiture 75. Examples for the purpose of section 74 76. Limitations by regulations Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAWS OF 6 CAP. 04.04 Proceeds of Crime MONTSERRAT Revision Date: 1 Jan 2013 Provisions giving effect to civil forfeiture order 77. Civil forfeiture trustee 78. Applying realised proceeds Property freezing orders 79. Property freezing order 80. Variation and setting aside of property freezing order 81. Exclusions 82. Restriction on proceedings and remedies 83. Receivers in connection with property freezing orders 84. Powers of receivers appointed under section 83 85. Supervision of receiver Interim receiving orders 86. Interim receiving order 87. Powers of interim receiver 88. Duties of respondent 89. Supervision of interim receiver and variation of interim receiving order 90. Restrictions on dealing etc. with property 91. Restriction on proceedings and remedies 92. Exclusion of property which is not recoverable 93. Reporting 94. Civil Forfeiture Authority may lodge caution Miscellaneous 95. Compensation 96. Financial threshold 97. Limitation 98. Property acquired before commencement date Cash seizure and forfeiture 99. Interpretation for sections 100 to 109 100. Searches 101. Seizure of cash 102. Detention of seized cash 103. Interest 104. Release of detained cash 105. Cash forfeiture 106. Appeal against forfeiture of cash 107. Application of forfeited cash 108. Application by owner for release of cash 109. Compensation Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAWS OF MONTSERRAT Proceeds of Crime CAP. 04.04 7 Revision Date: 1 Jan 2013 PART 4 COOPERATION 110. Interpretation for this Part and Schedule 3 111. External requests and orders PART 5 NATIONAL FORFEITURE FUND 112. National Forfeiture Fund established 113. Administration of the National Forfeiture Fund 114. Preparation of financial statements 115. Audit of financial statements and annual report PART 6 MONEY LAUNDERING Preliminary 116. Meaning of “criminal property” 117. General provisions for sections 118 to 126 Money laundering and other offences 118. Concealing, disguising, converting, transferring and removing criminal property 119. Arrangements 120. Acquisition, use and possession 121. Attempting, conspiring and inciting 122. Duty to disclose knowledge or suspicion of money laundering 123. Duty to disclose, Money Laundering Reporting Officer of service provider 124. Prejudicing investigation and tipping off 125. Circumstances in which offence under section 124 not committed 126. Protection of disclosures Reporting Authority 127. Reporting Authority 128. Functions of Reporting Authority 129. Disclosure by Reporting Authority 130. Immunity 131. Confidentiality of information disclosed 132. Annual report of Reporting Authority Copying/unauthorised distribution strictly prohibited.
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