← belizelaw.ai · Money Laundering And Terrorism, Cap. 104 · PART I — Preliminary
Meaning of “politically exposed person”
Cap. 104, s. 2A · Revised Edition 2020
(1) “Politically exposed person” means–
(a) a foreign politically exposed person;
(b) a domestic politically exposed person; or
(c) a person who is, or has been, entrusted with a prominent function by an international organisation.
24[CAP. 104 Money Laundering and Terrorism (Prevention)
(2) “Foreign politically exposed person” means a person who is, or has been, entrusted with a prominent public function by a country other than Belize.
(3) “Domestic politically exposed person” means a person who is, or has been, entrusted with a prominent public function by Belize.
(4) Without limiting sub-sections (2) or (3), the following have or exercise prominent public functions in relation to a country–
(a) heads of state, heads of government and senior politicians;
(b) senior government or judicial officials;
(c) high-ranking officers in the armed forces;
(d) members of courts of auditors or of the boards of central banks;
(e) ambassadors and chargés d’affaires;
(f) senior executives of state-owned corporations;
and
(g) important political party officials.
(5) “International organisation” means an entity–
(a) established by formal political agreement between its member countries that has the status of an international treaty;
(b) whose existence is recognised by law in its member countries; and
(c) not treated as a resident institutional unit of the country in which it is located.
(6) For the purposes of sub-section (1)(c), the following have or exercise prominent functions in relation to an international organisation–
(a) the directors and deputy directors of the international organisation;
(b) the members of the board or governing body of the international organisation; and
(c) other members of the senior management of the international organisation.
(7) The following are immediate family members of a
(a) a spouse;
(b) a partner;
(c) children and their spouses or partners;
(d) parents;
(e) grandparents and grandchildren; and
(f) siblings.
(8) For the purposes of sub-section (7)(b) and (c), “partner” means–
(a) a person who lives in a domestic relationship which is similar to the relationship between husband and wife; or 26[CAP. 104 Money Laundering and Terrorism (Prevention)
(b) a person in a relationship with another person who is considered by the law of the jurisdiction which applies to the relationship as equivalent to a spouse.
(9) The following are close associates of a politically
(a) any person known to maintain a close business relationship with that person or to be in a position to conduct substantial financial transactions on behalf of the person;
(b) any person who is known to have joint beneficial ownership of a legal entity or legal arrangement, or any other close business relations, with that person; and
(c) any person who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the benefit of that person.
(10) For the purposes of deciding whether a person is a close associate of a politically exposed person, a service provider need only have regard to information which is in that person’s possession or is publicly known.
Amended by: 7 of 2014; 7 of 2014; 7 of 2014; 7 of 2014; 7 of 2014; 7 of 2014; 7 of 2014; 7 of 2014; 7 of 2014; 7 of 2016
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