Seizure and detention of suspicious imports or exports of currency

(1) A police officer or a customs officer may seize and, in accordance with this section, detain any cash found anywhere in Belize, including at any border, if he has reasonable grounds for suspecting that it is– (a) property derived from the commission of an (b) intended by any person for use in the 98[CAP. 104 Money Laundering and Terrorism (Prevention) (c) involved in money laundering or the financing of terrorism; or (d) being or has been brought into or taken out of Belize without making the declaration required under section 51A or 77A of the Customs Regulation Act or after making a false declaration. CAP. 49. (2) Repealed. (3) Cash detained under sub-section (1) shall not be detained for more than 72 hours after seizure, excluding weekends and public and bank holidays unless a magistrate orders its continued detention for a period not exceeding 3 months from the date of seizure, upon being satisfied that– (a) there are reasonable grounds for the suspicion referred to in sub-section (1); and (b) its continued detention is justified while– (i) its origin or derivation is further investigated; or (ii) consideration is given to instituting in Belize or elsewhere criminal proceedings against any person for an offence with which the cash is (4) A magistrate may subsequently order continued detention of the cash if satisfied of the matters mentioned in sub- section (3), but total period of detention shall not exceed 2 years from the date of the order made under that sub-section. (4A) Where cash is detained under this section for more than 72 hours, it shall, as soon as practicable, be paid into an interest bearing account and held there, and the interest accruing on it is to be added to it on its forfeiture or release. (5) Subject to sub-section (4), cash detained under this section may be released in whole or in part to the person from whom it was seized– (a) by order of a magistrate that its continued detention is no longer justified, upon application by or on behalf of that person and after considering any views of the Director of the Financial Intelligence Unit to the contrary; or (b) by an authorized officer, if satisfied that its continued detention is no longer justified. (6) No cash detained under this section shall be released (a) an application is made under this Act for the purpose of– (i) the forfeiture of the whole or any part of the cash; or (ii) its restraint pending determination of its liability to forfeiture; or (b) proceedings are instituted in Belize or elsewhere against any person for an offence with which the cash is connected, unless and until the proceedings relating to the relevant application or the proceedings for the offence as the case may have been concluded. (7) On being satisfied that cash detained under this section represents the proceeds of crime or property that has been used 100[CAP. 104 Money Laundering and Terrorism (Prevention) in, or in connection with, an offence or is intended to be used in, or in connection with, an offence, the magistrate shall make a (8) An order may be made under sub-section (7) whether or not proceedings are brought against any person for an offence with which the cash in question is connected. (9) Any question of fact to be decided by a magistrate in proceedings under this section shall be decided on the balance of probabilities.