Seizure and detention of terrorist cash

(1) Where the Financial Intelligence Unit has reasonable grounds to suspect that any cash– (a) is intended to be used for the purposes of (b) belongs to, or is held on trust for, a terrorist organisation; or (c) is or represents property obtained through acts it may seize the cash. (2) The Financial Intelligence Unit may seize the cash, even if it reasonably suspects part only of the cash to be terrorist cash, where it is not reasonably practicable to seize that part only of the cash. (3) The Financial Intelligence Unit may exercise its powers under sub-section (1), whether or not any proceedings have been brought for an offence in connection with the terrorist cash. (4) The FIU shall, as soon as is reasonably practicable and upon an ex parte application, apply to a Judge in Chambers for a detention order with respect to cash seized under sub-section (1). (5) The Judge in Chambers shall not make an order for detention of the cash unless he is satisfied that there are reasonable grounds for suspecting that the cash– (a) is intended to be used for the purposes of (b) consists of resources of a organisation; or (c) is or represents property obtained through terrorists activities. (6) Subject to sub-section (8), any order made under sub- section (5), shall remain valid for a period of 90 days, and may be renewed for further periods of 90 days by the Judge in Chambers, until production of the cash before the court in proceedings against any person for an offence with which the cash is connected. (7) Any cash detained under this section shall be deposited by the Financial Intelligence Unit in an interest-bearing account. (8) The cash, with the interest, may be released in whole or in part to the person from whom it was seized– (a) by order of a Judge in Chambers 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 the Director of the Financial Intelligence Unit, if satisfied that its continued detention is no longer justified. (8A) No cash detained under this section shall be released 128[CAP. 104 Money Laundering and Terrorism (Prevention) (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 be, have been concluded. (9) Repealed.