Repeal

(1) The Money Laundering (Prevention) Act No 12 of 1996 as amended by Act No 5 of 2002 is hereby repealed. (2) Notwithstanding sub-section (1), any investigation, prosecution, legal proceeding or remedy in respect of any offence committed or any liability incurred under the Repealed Money Laundering (Prevention) Act, may be instituted, continued or enforced, and the penalty, forfeiture or punishment may be imposed, as if the said Act had not been repealed. 154[CAP. 104 Money Laundering and Terrorism (Prevention) SCHEDULE I1 MONEY LAUNDERING AND TERRORISM (PREVENTION) ACT Activities and Businesses Subject to this Act [Section 2] 1. Acceptance of deposits and other repayable funds from the public. 2. Lending, including consumer credit, mortgage credit, factoring (with or without recourse) and financing of commercial transactions. 3. Financial leasing. 4. Transfer of money or value. 5. Money and currency changing (such as casa de cambio). 6. Pawning. 7. Issuing and administering means of payment (such as credit and debit cards, traveler’s cheques, money orders, bankers’ drafts and electronic money). 8. Issuing financial guarantees and commitments. 9. Trading for own account or for account of customers in money market instruments (such as cheques, bills, certificates of deposit, derivatives), foreign exchange, financial futures and options, exchange and interest rate 1 This Schedule was amended by Act No. 4 of 2013, Act No. 7 of 2014 and Act No. 7 of 2016. instruments, transferable securities and commodity futures trading. 10. Credit unions. 11. Participation in securities issues and the provision of financial services related to such issues. 12. Advice to undertakings on capital structure, industrial strategy and related questions, and advice and services relating to mergers and the purchase of undertakings. 13. Portfolio management and advice whether individual or collective. 14. Safekeeping and administration of securities. 15. Safe keeping and administration of cash or liquid securities on behalf of other persons. 16. Otherwise investing, administering or managing funds or money on behalf of other persons. 17. Gambling houses. 18. Casinos and licensed gaming premises. 19. Internet casinos or online gaming. 20. Buying or selling of gold bullion. 21. Insurance business. 22. Venture risk capital. 23. Unit trusts. 156[CAP. 104 Money Laundering and Terrorism (Prevention) 24. A trust or company service provider not otherwise covered by this Schedule, which as a business, provides any of the following services to third parties– (a) acting as a formation agent of legal persons; (b) acting as (or arranging for another person to act as) a director or secretary of a company, a partner of a partnership, or a similar position in relation to other legal persons; (c) providing a registered office; business address or accommodation, correspondence or administrative address for a company, a partnership or any other legal person or arrangement; (d) acting as (or arranging for another person to act as) a trustee of an express trust; or (e) acting as (or arranging for another person to act as) a nominee shareholder for another person. 25. International (or Offshore) banking business as defined in the International Banking Act. CAP. 267. 26. Lawyers, notaries, other independent legal professionals, accountants, auditors and tax advisers, when they prepare for or carry out transactions for their clients concerning the following activities– (a) buying and selling of real estate; (b) managing of client money, securities or other assets; (c) management of bank, savings or securities accounts; (d) organisation of contributions for the creation, operation or management of companies; or (e) creation, operation or management of legal persons or arrangements, and buying and selling of business entities. 27. Real estate agents when they are involved in transactions for their client concerning the buying and selling of real estate. 28. Dealing in precious metals and dealing in precious stones. 29. Dealing in vehicles. 30. Engaging in international financial services as defined in the International Financial Services Commission Act. CAP. 272. 31. A business operating in a free zone area. 32. Non-Governmental Organizations. 33. Non-Profit Organizations. 158[CAP. 104 Money Laundering and Terrorism (Prevention) SCHEDULE II2 2 This Schedule was repealed by Act No. 7 of 2016. SCHEDULE III3 MONEY LAUNDERING AND TERRORISM (PREVENTION) ACT Supervisory Authorities [Section 2] No. Reporting Entity that carries on the Supervisory authority following activity or business 1 Acceptance of deposits and other repayable funds from the public. Central Bank of Belize 2 Lending, including consumer credit, mortgage credit, factoring (with or without recourse) and financing of commercial transactions. Central Bank of Belize 3 Financial leasing. Central Bank of Belize 4 Transfer of money or value. Central Bank of Belize 5 Money and currency changing (such as casa de cambio). Central Bank of Belize/International Financial Services Commission 6 Pawning. Central Bank of Belize 7 Issuing and administering means of payment (such as credit and debit cards, traveler’s cheques, money orders, bankers’ drafts and electronic money). Central Bank of Belize 8 Issuing financial guarantees and commitments. Central Bank of Belize/ Supervisor of Insurance 3 This Schedule was amended by Act No. 4 of 2013, Act No. 7 of 2014 and Act No 13 of 2017. 160[CAP. 104 Money Laundering and Terrorism (Prevention) 9 Trading for own account or for account of customers in money market instruments (such as cheques, bills, certificates of deposit, derivatives), foreign exchange, financial futures and options, exchange and interest rate instruments, transferable securities and commodity futures trading. Central Bank of Belize/ International Financial Services Commission 10 Credit unions. Central Bank of Belize 11 Participation in securities issues and the provision of financial services related to such issues. Central Bank of Belize 12 Advice to undertakings on capital structure, industrial strategy and related questions, and advice and services relating to mergers and the purchase of undertakings. Central Bank of Belize 13 Portfolio management and advice whether individual or collective. Central Bank of Belize/ International Financial Services Commission 14 Safekeeping and administration of securities. Central Bank of Belize/ International Financial Services Commission 15 Safe keeping and administration of cash or liquid securities on behalf of other persons. Central Bank of Belize/ International Financial Services Commission 16 Otherwise investing, administering or managing funds or money on behalf of other persons. Central Bank of Belize/ International Financial Services Commission 17 Gambling houses. Financial Intelligence Unit 18 Casinos. Financial Intelligence Unit 19 Internet casinos or online gaming. Financial Intelligence Unit 20 Buying or selling of gold bullion. Central Bank of Belize 21 Insurance business - Domestic. Supervisor of (Domestic) Insurance 22 International insurance business. Supervisor of International Insurance 23 Venture risk capital. Central Bank of Belize 24 Unit trusts. Central Bank of Belize 25 A trust or company service provider not otherwise covered by this Schedule, which as a business, provides any of the following services to third partiesInternational Financial Services Commission (a) acting as a formation agent of legal persons; (b) acting as (or arranging for another person to act as) a director or secretary of a company, a partner of a partnership, or a similar position in relation to other legal persons; (c) providing a registered office; business address or accommodation, correspondence or administrative address for a company, a partnership or any other legal person or arrangement; (d) acting as (or arranging for another person to act as) a trustee of an express trust; or (e) acting as (or arranging for another person to act as) a nominee shareholder for another person. 26 International (or Offshore) banking business as defined in the International Banking Act, Cap. 267. Central Bank of Belize 162[CAP. 104 Money Laundering and Terrorism (Prevention) 27 Lawyers, notaries, other independent legal professionals, accountants, auditors and tax advisers, when they prepare for or carry out transactions for their client concerning the following activitiesFinancial Intelligence Unit (a) buying and selling of real estate; (b) managing of client money, securities or other assets; (c) management of bank, savings or securities accounts; (d) organization of contributions for the creation, operation or management of companies; or (e) creation, operation or management of legal persons or arrangements, and buying and selling of business entities. 28 Real estate agents when they are involved in transactions for their client concerning the buying and selling of real estate. Financial Intelligence Unit 29 Dealing in precious metals and dealing in precious stones. Financial Intelligence Unit 30 Dealing in vehicles. Financial Intelligence Unit 31 Engaging in international financial services as defined in the International Financial Services Commission Act, Cap. 272. International Financial Services Commission 32 Any other activity not covered by any of the above activities. Financial Intelligence Unit SCHEDULE IV MONEY LAUNDERING AND TERRORISM (PREVENTION) ACT Counter Terrorism Conventions [section 2] 1. Convention on offences and certain other acts committed on board aircraft. Signed at Tokyo on 14 September 1963. 2. Convention for the suppression of unlawful seizure of aircraft. Signed at The Hague on 16 December 1970. 3. Convention for the suppression of unlawful acts against the safety of civil aviation. Concluded at Montreal on 23 September 1971. 4. Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973. 5. International Convention against the taking of hostages. Adopted by the General Assembly of the United Nations on 17 December 1979. 6. Convention on the physical protection of nuclear material. Adopted at Vienna on 3 March 1980. 7. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971. Signed at Montreal on 24 February 1988. 164[CAP. 104 Money Laundering and Terrorism (Prevention) 8. Convention for the suppression of unlawful acts against the safety of maritime navigation. Concluded at Rome on 10 March 1988. 9. Protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf. Done at Rome on 10 March 1988. 10. Convention of the marking of plastic explosives for the purposes of detection. Done at Montreal, on 1 March 1991. 11. International Convention for the Suppression of Terrorist Bombings. Adopted by the General Assembly of the United Nations on 15th December 1997; and 12. International convention for the suppression of the financing of terrorism. Adopted by the General Assembly of the United Nations on 9th December 1999. SCHEDULE V MONEY LAUNDERING AND TERRORISM (PREVENTION) ACT Powers and Duties of Supervisory Authority in Relation to Designated Non-Financial Businesses and Professions [section 11(1)(g)] 1. This Schedule– (a) sets out the powers and duties of the Financial Intelligence Unit as the supervisory authority for designated non-financial businesses and professions; (b) has no application to the Financial Intelligence Unit in any other capacity; and (c) is without prejudice to the powers given to, and duties imposed on, a supervisory authority under the Act or the Financial Intelligence Unit under the Financial Intelligence Unit Act. Cap.138.02. 2. In this ScheduleInterpretation. “affiliate”, in relation to an undertaking, means another undertaking that is in the same group as that undertaking; “DNFBP” means designated non-financial businesses and professions; “DNFBP Regulations” mean the Designated Non-Financial Businesses and Professions Regulations made under the Money Laundering and Terrorism (Prevention) Act, 2008; 166[CAP. 104 Money Laundering and Terrorism (Prevention) “designated non-financial businesses and professions” mean those businesses and professions for which the Financial Intelligence Unit is specified as the supervisory authority under the Schedule III; “director”, in relation to an undertaking, means a person appointed to direct the affairs of the undertaking and includes– (a) a person who is a member of the governing body of the undertaking; and (b) a person who, in relation to the undertaking, occupies the position of director, by whatever name called; “former DNFBP” means a person who at any time has been a DNFBP, but who has ceased to be a DNFBP; “parent”, in relation to an undertaking (the first undertaking), means another undertaking that– (a) is a member of the first undertaking and whether alone, or under an agreement with other members, is entitled to exercise a majority of the voting rights in the first undertaking; (b) is a member of the first undertaking and has the right to appoint or remove the majority of the directors of the first undertaking; (c) has the right to exercise a dominant influence over the management and control of the first undertaking pursuant to a provision in the constitutional documents of the first undertaking; or (d) is a parent of a parent of the first undertaking; “subsidiary”, in relation to an undertaking (the first undertaking), means another undertaking of which the first undertaking is a parent; “undertaking” means– (a) a company; (b) a partnership; or (c) an unincorporated association. Power to require information and production of documents. 3.–(1) Where reasonably required for the discharge of its functions under the Act, the AML Regulations, or guidelines issued under the Act, the supervisory authority may, by written notice given to a person specified in sub-section (2), require the person– (a) to provide specified information or information of a specified description; or (b) to produce specified documents or documents of a specified description. (2) A notice under sub-section (1)– (a) may be issued to– (i) a DNFBP; (ii) a former DNFBP; (iii) an affiliate of a DNFBP or a former DNFBP; (iv) a director of a DNFBP or a former DNFBP that is an undertaking; 168[CAP. 104 Money Laundering and Terrorism (Prevention) (v) a partner of a DNFBP or a former DNFBP that is a partnership; (vi) a senior employee of a person specified in sub-paragraph (i), (ii), (iii), (iv) or (v); or (vii) in the case of a notice requiring the production of documents, any person who the supervisory authority reasonably believes is in possession, or has control, of the documents; (b) may require that the information is to be provided to, or the documents are to be produced to, such person as may be specified in the notice; and (c) must specify the place where, and the period within which, the information or documents must be provided or produced. (3) The supervisory authority may– (a) require– (i) any information provided or documents produced under this section to be provided or produced in such form as it may specify; (ii) any information provided or document produced under this section to be verified or authenticated in such manner as it may reasonably specify; and (iii) that the information is to be provided to, or the documents are to be produced to, a person specified in the notice; and (b) take copies or extracts of any document produced under this section. (4) Where a person claims a lien on a document, its production under this section is without prejudice to his lien. Compliance visits. 4.–(1) The supervisory authority may, for the purposes of monitoring, assessing and enforcing compliance by a DNFBP with its AML/CFT obligations– (a) enter and inspect any premises, whether in or outside Belize, owned, occupied or used by the DNFBP or any subsidiary or parent of the DNFBP; (b) review and inspect the business and activities of the DNFBP, including its policies, procedures, systems and controls; (c) examine and make copies of documents belonging to or in the possession or control of the DNFBP, or any subsidiary or parent of the DNFBP, that, in the opinion of the supervisory authority, are relevant to the DNFBP’s business or to its AML/CFT obligations; and (d) seek information and explanations from the officers, employees, agents and representatives of the DNFBP, whether orally or in writing, and whether in preparation for, during or after a compliance visit. (2) Subject to sub-section (3), the supervisory authority shall give reasonable notice to a DNFBP of its intention to exercise its powers under sub-section (1). (3) Where it appears to the supervisory authority that the circumstances so justify, the supervisory authority may exercise 170[CAP. 104 Money Laundering and Terrorism (Prevention) its powers under sub-section (1) without giving notice of its intention to do so. (4) A DNFBP and its subsidiaries and parents shall permit any employee of the supervisory authority, or person appointed by the supervisory authority for the purpose, to have access during reasonable business hours to any premises specified in paragraph (1)(a) to enable that person to undertake a compliance visit. (5) A person who contravenes sub-section (4) commits an offence and is liable– (a) on summary conviction, to imprisonment for a term of twelve months or to a fine of twenty- five thousand dollars or to both; or (b) on conviction on indictment, to imprisonment for a term of three years or to a fine of fifty thousand dollars or to both. Privileged information. 5.–(1) A person shall not be required to disclose information or produce, or permit the inspection of, a document under this Schedule if the information or document is privileged material within the meaning of section 17(10) of the Act. (2) Notwithstanding sub-section (1), a lawyer, notary, or other independent legal professional may be required, pursuant to a power under this Schedule, to provide the name and address of his client. Admissibility of statements. 6.–(1) Subject to sub-section (2), a statement made by a person in compliance with a request made by the supervisory authority under section 3 is admissible in evidence in any proceedings, provided that it also complies with any requirements governing the admissibility of evidence in the circumstances in question. (2) A statement made by a person in compliance with a requirement imposed under this Schedule may only be used in evidence against him in criminal proceedings if– (a) that person has himself introduced the statement in evidence; or (b) the prosecution of that person relates to– (i) a failure or refusal by that person to produce documents or give assistance in accordance with the Act; (ii) an omission by that person to disclose material which should have been disclosed or the provision by that person of false or misleading information; or (iii) an false statement by that person. Protection for disclosure. 7. A person, including a director, officer or employee of a DNFBP, who discloses information or produces documents to the supervisory authority, as permitted or required by this Schedule, is deemed not to be in contravention of any law, rule of law, agreement or professional code of conduct to which that person is subject and no civil, criminal or disciplinary proceedings shall lie against him, or against the DNFBP, in respect thereof. Offences. 8.–(1) A person commits an offence if, without reasonable excuse, he fails to comply with a notice issued under section 3(1). (2) A person commits an offence who, in purported compliance with a notice issued by the supervisory authority under section 3(1)– (a) provides information which he knows to be false or misleading in a material respect; or 172[CAP. 104 Money Laundering and Terrorism (Prevention) (b) recklessly provides information which is false or misleading in a material respect; (3) A person commits an offence who, for the purpose of obstructing or frustrating compliance with a notice issued by the supervisory authority under section 3(1), destroys, mutilates, defaces, hides or removes a document. (4) A person who commits an offence under this section is liable– (a) on summary conviction, to imprisonment for a term of two years or to a fine of thirty thousand dollars or to both; or (b) on conviction on indictment, to imprisonment for a term of five years or to a fine of one hundred dollars or to both. Enforcement action. 9. The supervisory authority is entitled to take enforcement action under this Schedule against a registered DNFBP if, in the opinion of the supervisory authority, the DNFBP– (a) has contravened or is in contravention of any of its AML/CFT obligations; (b) has failed to comply with a directive given to it by the supervisory authority under section 10; (c) has provided the supervisory authority with any false, inaccurate or misleading information, whether on making application for registration or subsequent to its registration; (d) has refused or failed to cooperate with the supervisory authority on a compliance visit under section 4; (e) has refused or failed to cooperate with an investigator appointed under section 13; or (f) is carrying on any type of relevant business without being registered for that type of relevant business under the DNFBP Regulations. Directives. 10.–(1) Where the supervisory authority is entitled to take enforcement action against a DNFBP, it may, in accordance with section 22(1)(b) of the Act, by written notice issue such directives to the DNFBP as it considers appropriate. (2) Without limiting sub-section (1), a directive may– (a) require the DNFBP to take, or not to take, such action or measures as the supervisory authority considers appropriate; (b) impose a prohibition, restriction or limitation on the business or activities of the DNFBP; (c) require that any director, key employee or person having functions in relation to the DNFBP be removed and replaced by another person acceptable to the supervisory authority; or (d) require that any individual– (i) not perform a specified function or functions for; (ii) not engage in specified employment by; or (iii) not hold a specified position in the business of, the DNFBP. 174[CAP. 104 Money Laundering and Terrorism (Prevention) (3) A directive issued under this section may be of unlimited duration or of a duration specified in the notice of the directive. (4) The power to issue a directive under this section includes the power, whether on the application of the DNFBP or on the volition of the supervisory authority, to vary or withdraw any directive. (5) A notice of a directive shall– (a) specify the reasons for giving the directive; and (b) specify when the directive is to take effect. (6) In the case of a DNFBP that is licensed or regulated, the supervisory authority shall consult with the relevant regulatory authority before issuing a directive to a licensed or regulated DNFBP unless the supervisory authority considers that the circumstances otherwise justify. (7) A DNFBP who fails to comply with a directive issued under this section commits offence and is liable– (a) on summary conviction, to imprisonment for a term of two years or to a fine of thirty thousand dollars or to both; or (b) on conviction on indictment, to imprisonment for a term of five years or to a fine of one hundred thousand dollars or to both. Appointment of investigator. 11.–(1) The supervisory authority may appoint one or more competent persons as investigators to conduct an investigation on its behalf– (a) with respect to a DNFBP– (i) if it appears to the supervisory authority on reasonable grounds that there are, or may be, grounds for taking enforcement action; or (ii) the supervisory authority is of the opinion that it is desirable to appoint an investigator to undertake a money laundering and terrorism financing risk assessment in relation to the DNFBP; and (b) with respect to a former DNFBP, if the supervisory authority would have been entitled to appoint an investigator under paragraph (a), but for the person ceasing to be a DNFBP. (2) An investigator appointed under sub-section (1) shall be appointed to investigate one or more of the following in respect of the person being investigated– (a) the current or past compliance of the DNFBP with its AML/CFT obligations; (b) the money laundering and terrorism financing risks to which the DNFBP is exposed; (c) the capacity and willingness of the DNFBP to identify, mitigate and manage the money laundering and terrorism financing risks to which the DNFBP is exposed; and (d) whether there are grounds for the taking of enforcement action against the DNFBP. (3) Subject to sub-section (4) and as far as reasonably required to conduct his investigation, an investigator appointed 176[CAP. 104 Money Laundering and Terrorism (Prevention) under this section has the following powers of the supervisory authority– (a) to require the provision of information or documents under section 3; (b) to apply to a Judge of the Supreme Court in Chambers ex parte under section 20 of the Act for a search warrant; or (c) under paragraphs (a) to (d) of section 4(1). (4) The supervisory authority may give directions to the investigator– (a) limiting the powers of the investigator; and (b) concerning any one or more of the following– (i) the scope of the investigation; (ii) the period for the conduct of the investigation; or (iii) the manner in which the investigator shall report to the supervisory authority. (5) An investigator appointed under sub-section (1) may, if he considers it necessary for the purposes of his investigation, on giving written notice to the person concerned, also investigate the business of any person who is, or at any relevant time has been– (a) an affiliate of the person under investigation; or (b) a partnership of which the person under investigation is a member. (6) An investigator shall submit a report of his investigation to the supervisory authority. (7) The supervisory authority may direct that the DNFBP pay the costs, or such part of the costs as it may specify, of an investigation conducted under this section. (8) The DNFBP Regulations may provide for– (a) the notice to be given to a person to be investigated under this section; (b) the conduct of an investigation; and (c) the payment of remuneration to the investigator. (9) A person who fails to provide all assistance reasonably required by an investigator appointed under this section commits an offence and is liable– (a) on summary conviction, to imprisonment for a term of two years or to a fine of thirty thousand dollars or to both; or (b) on conviction on indictment, to imprisonment for a term of five years or to a fine of one hundred thousand dollars or to both. Public statements. 12.–(1) Subject to sub-section (5), the supervisory authority may issue a public statement in such manner as it considers fit setting out enforcement action that the supervisory authority intends to take, or has taken, against a DNFBP or a former DNFBP. (2) A public statement issued under sub-section (1) may include such information as the supervisory authority considers appropriate, including178[CAP. 104 Money Laundering and Terrorism (Prevention) (a) the reasons for the enforcement action taken or to be taken; and (b) the nature of the enforcement action taken or to be taken. (3) Where it considers it in the public interest to do so, the supervisory authority may issue a public statement in such manner as it considers fit with respect to– (a) any person who the supervisory authority has reasonable grounds to believe is carrying on, has carried on, intends to carry on or is likely to carry on any type of relevant business without being registered under the DNFBP Regulations in respect of that type of relevant business; and (b) any matter relating to the risks of money laundering or terrorist financing. (4) Subject to sub-section (5), where a public statement is to be issued under this section in relation to a DNFBP or a former DNFBP, the supervisory authority shall give the DNFBP seven days written notice of its intention to issue the public statement and the reasons for the issue of the statement. (5) If the supervisory authority is of the opinion that it is in the public interest that sub-section (4) should not have effect or that the period referred to in that sub-section should be reduced, the supervisory authority may issue the public statement without notice to the DNFBP or a former DNFBP or with such shorter period as it considers appropriate. Restrictions on disclosure of information. 13.–(1) Subject to section 14, for the purposes of this section, “protected information” means information which– (a) relates to the business or other affairs of any person; and (b) is acquired by one of the following people, for the purposes of, or in the discharge of, his or its functions under the Act or under any regulations made or guidelines issued under the Act– (i) the supervisory authority; (ii) an officer or employee of the supervisory authority; (iii) any person acting under the authority of the DNFBP; and (iv) an officer or employee of a person specified in sub-paragraph (iii). (2) Information is not protected information– (a) if the information is or has been available to the public from any other source; or (b) where the information is disclosed in a summary or in statistics expressed in a manner that does not enable the identity of particular persons to whom the information relates to be determined. (3) Subject to section 6, protected information shall not be disclosed by a recipient of that information, whether the recipient of the information is a person specified in sub-section (1) or a person who has directly or indirectly received the protected information from a person specified in sub-section (1), without the consent of– (a) the person from whom he obtained the information; and (b) if different, the person to whom it relates. 180[CAP. 104 Money Laundering and Terrorism (Prevention) (4) A person who contravenes sub-section (3) commits an offence and is liable– (a) on summary conviction, to a fine of ten thousand dollars; or (b) on conviction on indictment, to a fine of fifty thousand dollars or to imprisonment for a term of three years or to both. Exceptions to restrictions on disclosure. 14. Section 13 does not apply to a disclosure– (a) by any person where the disclosure is– (i) required or permitted by, and made in accordance with, an order of any Court of competent jurisdiction in Belize; (ii) required or permitted by the Act or any other law; (iii) made to the Director of Public Prosecutions; (iv) made to a law enforcement agency in Belize; (v) made to another supervisory authority; (vi) in the case of a disclosure that relates to a DNFBP that is licensed or regulated, made to the relevant regulatory authority; or (vii) in the case of a disclosure that relates to a DNFBP, made to(AA) a professional body or association, whether in or outside Belize, of which the DNFBP is a member; or (BB) the relevant regulatory authority or self- regulatory organization, whether in or outside Belize, that has responsibility for the regulation or supervision of the DNFBP; (b) by a person specified in section 13(1), where the disclosure is made to any person for the purpose of discharging any function or exercising any power under the Act, whether the function or power is of the person disclosing the information or of the supervisory authority; or (c) by a person, other than the supervisory authority, where the disclosure– (i) is made with the written consent of the supervisory authority; and (ii) could lawfully have been made by the supervisory authority. 182[CAP. 104 Money Laundering and Terrorism (Prevention) SCHEDULE VI MONEY LAUNDERING AND TERRORISM (PREVENTION) ACT External Requests and Orders [Section 75B] Restraint Orders External request to be made to Attorney General. 1. An external request shall be made to the Attorney General. Application for restraint order. 2.–(1) The Court may, on the application the Attorney General on behalf of an overseas authority, make a restraint order under section 3 where it is satisfied that– (a) relevant property in Belize is identified in the external request; 7 of 2016. (b) proceedings for an offence have been commenced, or an investigation into an offence has been undertaken, and not concluded in the country from which the external request was made; and (c) there is reasonable cause to believe that the defendant named in the request has benefited from criminal conduct. (2) An application for a restraint order may be made as an ex parte application to a Judge of the Supreme Court in Chambers. Restraint order. 3.–(1) Where the Court is satisfied as to the matters set out in section 2, it may make a restraint order prohibiting any specified person from dealing with relevant property which is identified in the external request and specified in the order. (2) A restraint order– (a) may make provision– (i) for reasonable living expenses and reasonable legal expenses in connection with the proceedings seeking a restraint order or the registration of an external order; and (ii) for the purpose of enabling any person to carry on any trade, business, profession or occupation; and (b) may be made subject to such conditions as the Court considers fit. (3) Where the Court makes a restraint order it may, on the application of the Attorney General, (whether as part of the application for the restraint order or at any time afterwards) make such order as it believes is appropriate for the purpose of ensuring that the restraint order is effective. (4) For the purposes of this section, dealing with property includes removing it from Belize. Discharge and variation of restraint order. 4.–(1) An application to discharge or vary a restraint order or an order under section 3(3) may be made to the Court by– (a) the Attorney General; or (b) any person affected by the order. (2) On an application made under sub-section (1), the Court may– (a) discharge the order; or (b) vary the order. 184[CAP. 104 Money Laundering and Terrorism (Prevention) (3) The Court shall discharge the restraint order if7 of 2016. (a) at the conclusion of the proceedings for an offence with respect to which the order was made, no external order has been made; or (b) within a reasonable time an external order has not been registered under section 12. Appeal. 5.–(1) If on an application for a restraint order the Court decides not to make one, the Attorney General may appeal to the Court of Appeal against the decision. (2) If an application is made under section 4(1), in relation to a restraint order or an order under section 3(3), the Attorney General or any person affected by the order may appeal to the Court of Appeal in respect of the Court’s decision on the application. (3) On an appeal under sub-section (1) or (2), the Court of Appeal may– (a) confirm the decision; or (b) make such order as it considers appropriate. Seizure of property subject to restraint order. 6.–(1) If a restraint order is in force, a police officer or a customs officer may seize any property which is specified in the order to prevent its removal from Belize. (2) Property seized under sub-section (1) shall be dealt with in accordance with the directions of the Court which made the order. Hearsay evidence in restraint proceedings. 7.–(1) Evidence shall not be excluded in restraint proceedings on the ground that it is hearsay (of whatever degree). (2) For the purposes of sub-section (1), restraint proceedings are proceedings– (a) for a restraint order; (b) for the discharge or variation of a restraint order; or (c) on an appeal under section 5. (3) Nothing in this section affects the admissibility of evidence which is admissible apart from this section. Appointment of receiver. 8.–(1) If the Court makes a restraint order, on the application of the Attorney General (whether made as part of the application for the restraint order or at any time afterwards), the Court may by order appoint a receiver in respect of any property which is specified in the restraint order. (2) On the application of the Attorney General, the Court may, by order confer on a receiver appointed under sub-section (1), any of the following powers in relation to any property which is specified in the restraint order– (a) power to take possession of the property; (b) power to manage or otherwise deal with the property; (c) power to start, carry on or defend any legal proceedings in respect of the property; or (d) power to realise so much of the property as is necessary to pay the receiver’s remuneration and expenses. (3) The Court may by order confer on the receiver power to enter any premises in Belize and to do any of the following– (a) search for or inspect anything authorised by the Court; 186[CAP. 104 Money Laundering and Terrorism (Prevention) (b) make or obtain a copy, photograph or other record of anything so authorised; or (c) remove anything which the receiver is required or authorised to take possession of pursuant to an order of the Court. (4) The Court may by order authorise the receiver to do any one or more of the following in the exercise of his functions– (a) hold property; (b) enter into contracts; (c) sue and be sued; (d) employ agents; (e) execute powers of attorney, deeds or other instruments; or (f) take such other steps the Court thinks appropriate. (5) The Court may order any person who has possession of property which is specified in the restraint order to give possession of it to the receiver. (6) The Court– (a) may order a person holding an interest in property which is specified in the restraint order to make to the receiver such payment as the Court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift; and (b) may (on the payment being made) by order transfer, grant or extinguish any interest in the property. (7) The Court shall not– (a) confer the power mentioned in section (2)(b) or (d) in respect of property; or (b) exercise the power conferred on it by section (6) in respect of property; unless it gives persons holding interests in the property a reasonable opportunity to make representations to it. (8) The Court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies. Restrictions relating to restraint orders. 9.–(1) Where the Court makes a restraint order– (a) no distress may be levied against any property which is specified in the order except with the leave of the Court and subject to any terms the Court may impose; and (b) if the order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy, except with the leave of the Court and subject to any terms the Court may impose. (2) If proceedings are pending before the Court in respect of any property and the Court is satisfied that a restraint order has 188[CAP. 104 Money Laundering and Terrorism (Prevention) been applied for or made in respect of the property, the Court may either stay the proceedings or allow them to continue on any terms it thinks fit. (3) Before exercising any power conferred by sub-section (2), the Court shall give an opportunity to be heard to– (a) the Attorney General; and (b) any receiver appointed in respect of the property under this Schedule. External Orders Applications to give effect to external orders. 10.–(1) The Attorney General may apply to the Court, on behalf of an overseas authority, to give effect to an external order in Belize. (2) No application to give effect to such an order may be made otherwise than under sub-section (1). (3) An application under sub-section (1) may be made as an ex parte application to a Judge of the Supreme Court in Chambers. Conditions for Court to give effect to external orders. 11.–(1) The Court shall give effect to an external order by registering it where it is satisfied that– (a) the external order was made consequent on the conviction of the person named in the order and no appeal is outstanding in respect of that conviction; (b) the external order is in force and no appeal is outstanding in respect of it; and (c) in the case of an external order which authorises the confiscation of property other than money that is specified in the order, the specified property shall not be subject to a charge under any of the followingCAP. 102. (i) the Crime Control and Criminal Justice Act,; or (ii) the Misuse of Drugs Act. CAP. 103. (2) In sub-section (1), “appeal” includes– (a) any proceedings by way of discharging or setting aside the order; and (b) an application for a new trial or stay of execution. Registration of external orders. 12.–(1) Where the Court decides to give effect to an external order, it shall– (a) register the order in the Court; (b) provide for notice of the registration to be given to any person affected by it; and (c) appoint the Attorney General as the enforcement authority for the order. (2) Only an external order registered by the Court may be implemented under this Schedule. (3) The Court may cancel the registration of the external order, or vary the property to which it applies, on an application by the Attorney General or any person affected by it if, or to the extent that, the Court is of the opinion that any of the conditions in section 11 is not satisfied. (4) The Court shall cancel the registration of the external order, on an application by the Attorney General or any person 190[CAP. 104 Money Laundering and Terrorism (Prevention) affected by it, if it appears to the Court that the order has been satisfied– (a) in the case of an order for the recovery of a sum of money specified in it, by payment of the amount due under it; (b) in the case of an order for the recovery of specified property, by the surrender of the property; or (c) by any other means. (5) Where the registration of an external order is cancelled or varied under sub-section (3) or (4), the Court shall provide for notice of this to be given to the Attorney General and any person affected by it. Appeal to Court of Appeal concerning external orders. 13.–(1) If, on an application for the Court to give effect to an external order by registering it, the Court decides not to do so, the Attorney General may appeal to the Court of Appeal against the decision. (2) If an application is made under section 12(3) or (4) in relation to the registration of an external order, the Attorney General or any person affected by the registration may appeal to the Court of Appeal in respect of the Court’s decision on the application. (3) On an appeal under sub-section (1) or (2), the Court of Appeal may– (a) confirm or set aside the decision to register; or (b) direct the Court to register the external order, or so much of it as relates to property other than to which section 11(1)(c) applies. 14.–(1) This section applies where the external order which is registered under section 12 specifies a sum of money. Sums in currency other than dollars. (2) If the sum of money which is specified is expressed in a currency other than dollars, the sum of money to be recovered is to be taken to be the dollar equivalent calculated in accordance with the rate of exchange prevailing at the end of the working day immediately preceding the day when the Court registered the external order under section 12. (3) The dollar equivalent shall be calculated by the Attorney General. (4) The notice referred to in sections 12(1)(b) and 12(5) shall set out the amount in dollars which is to be paid. Time for paymeny. 15.–(1) This section applies where the external order is for the recovery of a specified sum of money. (2) Subject to sub-sections (3) to (6), the amount ordered to be paid under– (a) an external order that has been registered under paragraph 12; or (b) where section 14(2) applies, the notice under section 12(1)(b), shall be paid on the date on which the notice under section 12(1)(b) is delivered to the person affected by it. (3) Where there is an appeal under section 13 and a sum falls to be paid when the appeal has been determined or withdrawn, the duty to pay is delayed until the day on which the appeal is determined or withdrawn. (4) If the person affected by an external order which has been registered shows that he needs time to pay the amount ordered to be paid, the Court may make an order allowing payment to be made in a specified period, which192[CAP. 104 Money Laundering and Terrorism (Prevention) (a) shall start with the day on which the notice under section 12(1)(b) was delivered to the person affected by the order or the day referred to in sub-section (3), as the case may be; and (b) shall not exceed six months. (5) If within the specified period the person affected by an external order applies to the Court for the period to be extended and the Court believes that there are exceptional circumstances, it may make an order extending the period. (6) The extended period– (a) shall start with the day on which the notice under section 22(1)(b) was delivered to the person affected by it or the day referred to in sub-section (3), as the case may be; and (b) shall not exceed twelve months. (7) An order under sub-section (5)– (a) may be made after the end of the specified period; but (b) shall not be made after the end of the extended period. (8) The Court shall not make an order under sub-section (5) or (7) unless it gives the Attorney General an opportunity to make representations. Appointment of receivers. 16. If an external order is registered, is not satisfied, and, in the case of an external order for the recovery of a specified sum of money, any period specified by order under section 15 has expired, the Court, on the application of the Attorney General may appoint a receiver in respect of– (a) where the external order is for the recovery of a specified sum of money, realisable property; or (b) where the external order is for the recovery of specified property, that property. Powers of receivers in respect of monitory external orders. 17.–(1) If the Court appoints a receiver under section 16, it may, on the application of the Attorney General where the external order is for the recovery of a specified sum of money, by order confer on the receiver the following powers in relation to any realisable property– (a) power to take possession of the property; (b) power to manage or otherwise deal with the property; (c) power to realise the property, in such manner as the Court may specify; or (d) power to start, carry on or defend any legal proceedings in respect of the property. (2) The Court may by order confer on the receiver power to enter any premises in Belize and to do any of the following– (a) search for or inspect anything authorised by the Court; (b) make or obtain a copy, photograph or other record, of anything so authorised; or (c) remove anything which the receiver is required or authorised to take possession of pursuant to an order of the Court. (3) The Court may by order authorise the receiver to do any of the following in the exercise of his functions194[CAP. 104 Money Laundering and Terrorism (Prevention) (a) hold property; (b) enter into contracts; (c) sue and be sued; (d) employ agents; (e) execute powers of attorney, deeds or other instruments; or (f) take any other steps the Court thinks appropriate. (4) The Court may order any person who has possession of realisable property to give possession of it to the receiver. (5) The Court– (a) may order a person holding an interest in realisable property to make to the receiver such payment as the Court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift; and (b) may, on payment being made, by order transfer, grant or extinguish any interest in the property. (6) Sub-sections (2), (4) and (5) do not apply to property for the time being subject to a charge under any of the following– (a) the Crime Control and Criminal Justice Act; or CAP. 102. (b) the Misuse of Drugs Act. CAP. 103. (7) The Court shall not– (a) confer the power mentioned in sub-section (2)(b) or (c) in respect of property; or (b) exercise the power conferred on it by sub- section (6) in respect of property, unless it gives persons holding interests in the property a reasonable opportunity to make representations to it. (8) The Court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies. Powers of receivers in respect of external orders for the recovery of specified property. 18.–(1) If the Court appoints a receiver under section 16, it may, on the application of the Attorney General where the external order is for the recovery of property specified in the order (“the specified property”), by order confer on the receiver the following powers in relation to the specified property– (a) power to take possession of the property; (b) power to manage or otherwise deal with the property; (c) power to realise the property, in such manner as the Court may specify; or (d) power to start, carry on or defend any legal proceedings in respect of the property. (2) The Court may by order confer on the receiver power to enter any premises in Belize and to do any of the following– (a) search for or inspect anything authorised by the Court; (b) make or obtain a copy, photograph or other record of anything so authorised; or 196[CAP. 104 Money Laundering and Terrorism (Prevention) (c) remove anything which the receiver is required or authorised to take possession of pursuant to an order of the Court. (3) The Court may by order authorise the receiver to do any of the following for the purposes of the exercise of his functions– (a) hold property; (b) enter into contracts; (c) sue and be sued; (d) employ agents; (e) execute powers of attorney, deeds or other instruments; or (f) take any other steps the Court thinks appropriate. (4) The Court may order any person who has possession of the specified property to give possession of it to the receiver. (5) The Court– (a) may order a person holding an interest in the specified property to make to the receiver such payment as the Court specifies in respect of a beneficial interest held by the defendant or the recipient of a gift defined in this Act; and (b) may (on the payment being made) by order transfer, grant or extinguish any interest in the property. (6) The Court shall not– (a) confer the power mentioned in sub-section (1)(b) or (c) in respect of property; or (b) exercise the power conferred on it by sub- section (5) in respect of property; unless it gives persons holding interests in the property a reasonable opportunity to make representations to it. (7) The Court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies. Meaning of “managing or otherwise dealing with property”. 19. For the purposes of sections 8, 17 and 18, managing or otherwise dealing with property includes– (a) selling the property or any part of it or interest in it; (b) carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property; or (c) incurring capital expenditure in respect of the property. Application of sums by receiver. 20.–(1) This section applies to sums which are in the hands of a receiver appointed under section 16 if they are– (a) the proceeds of the realisation of property under section 17 or 18; (b) where section 17 applies, sums (other than those mentioned in paragraph (a)) in which the defendant holds an interest. (2) The sums shall be applied as follows198[CAP. 104 Money Laundering and Terrorism (Prevention) (a) first, they shall be applied in making any payments directed by the Court; and (b) second, they shall be applied on the defendant’s behalf towards satisfaction of the external order. (3) If the amount payable under the external order has been fully paid and any sums remain in the receiver’s hands he shall distribute them– (a) among such persons who held (or hold) interests in the property concerned as the Court directs; and (b) in such proportions as it directs. (4) Before making a direction under sub-section (3) the Court shall give persons who held (or hold) interests in the property concerned a reasonable opportunity to make representations to it. (5) For the purposes of sub-sections (3) and (4) the property concerned is– (a) the property represented by the proceeds mentioned in sub-section (1)(a); and (b) the sums mentioned in sub-section (1)(b). (6) The receiver applies sums as mentioned in sub-section (2)(b) by paying them to the Attorney General on account of the amount payable under the order. Sums received by Attorney General. 21.–(1) Where the Attorney General receives sums on account of the amount payable under a registered external order or the value of the property specified in the order, his receipt of the sums reduces the amount payable under the order, but he shall apply the sums received as follows– (a) first, he shall apply them in payment of the remuneration and expenses of a receiver appointed under section 8 to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 8(2)(d); and (b) second, in payment of the remuneration and expenses of the receiver appointed under section 16. (2) Any sums which remain after the Attorney General has made any payments required by the preceding provisions of this section shall be paid into the Belize Confiscated and Forfeited Assets Fund. Satisfaction of external order. 22.–(1) A registered external order is satisfied when no amount is due under it. (2) Where such an order authorises the recovery of property specified in it, no further amount is due under the order when all of the specified property has been sold. Restrictions relating to receivers. 23.–(1) Where the Court makes an order under section 16 appointing a receiver in respect of any realisable property or specified property– (a) no distress may be levied against the property except with the leave of the Court and subject to any terms the Court may impose; and (b) if the receiver is appointed order in respect of a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy, except with the 200[CAP. 104 Money Laundering and Terrorism (Prevention) leave of the Court and subject to any terms the Court may impose. (2) If proceedings are pending before the Court in respect of any property and the Court is satisfied that a restraint order has been applied for or made in respect of the property, the Court may either stay the proceedings or allow them to continue on any terms it thinks fit. (3) If the Court is satisfied that an order under section 16 appointing a receiver in respect of the property has been applied for or made, the Court may either stay the proceedings or allow them to continue on any terms it thinks fit. (4) Before exercising any power conferred by sub-section (2) or (3), the Court shall give an opportunity to be heard to– (a) the Attorney General; and (b) the receiver, if the order under section 16 has been made. Protection of receiver appointed under sections 8 or 16. 24. If a receiver appointed under sections 8 or 16– (a) takes action in relation to property which is not realisable property or, as the case may be, the specified property; (b) would be entitled to take the action if it were realisable property or, as the case may be, the specified property; and (c) believes on reasonable grounds that he is entitled to take the action; he is not liable to any person in respect of any loss or damage resulting from the action, except so far as the loss or damage is caused by his negligence. 25.–(1) A receiver appointed under section 8 or 16 may apply to the Court for an order giving directions as to the exercise of his powers. Further applications by receivers. (2) The following persons may apply to the Court– (a) any person affected by action taken by a receiver appointed under section 8 or 16; or (b) any person who may be affected by action such a receiver proposes to take. (3) On an application under this section the Court may make such order as it believes is appropriate. Discharge and variation of receiver orders. 26.–(1) The following persons may apply to the Court to vary or discharge an order made under section 8 or paragraphs 16 to 18– (a) the receiver; (b) the Attorney General; or (c) any person affected by the order. (2) On an application under this section, the Court may– (a) discharge the order; or (b) vary the order. Discharge of receivers appointed under section 8. 27.–(1) If a receiver is appointed under section 8 in respect of property which is identified in the restraint order (the first receiver), and the Court appoints a receiver under section 16 (the second receiver), the Court shall order the first receiver to transfer to the second receiver all property held by him by virtue of the powers conferred on him by section 8. 202[CAP. 104 Money Laundering and Terrorism (Prevention) (2) Sub-section (1) does not apply to property which the first receiver holds by virtue of the exercise by him of his power under section 8(2)(d). (3) If the first receiver complies with an order under sub- section (1) he is discharged– (a) from his appointment under section 8; and (b) from any obligation under this Schedule arising from his appointment. (4) If this section applies, the Court may make such a consequential or incidental order as it believes is appropriate. Appeal to Court of Appeal about receivers. 28.–(1) If, on an application for an order under sections 8 or 16 to 18 the Court decides not to make an order, the person who applied for the order may appeal to the Court of Appeal against the decision. (2) If the Court makes an order under sections 8 or 16 to 18, the following persons may appeal to the Court of Appeal in respect of the Court’s decision– (a) the person who applied for the order; or (b) any person affected by the order. (3) If on an application for an order under section 25 the Court decides not to make an order, the person who applied for the order may appeal to the Court of Appeal against the decision. (4) If the Court makes an order under section 25, the following persons may appeal to the Court of Appeal in respect of the Court’s decision– (a) the person who applied for the order; (b) any person affected by the order; or (c) the receiver. (5) The following persons may appeal to the Court of Appeal against a decision of the Court on an application under section 26– (a) the person who applied for the order in respect of which the application was made; (b) any person affected by the Court’s decision; or (c) the receiver. (6) On an appeal under this section the Court of Appeal may– (a) confirm the decision; or (b) make such order as it believes is appropriate. Interpretation for this Schedule Tainted gifts. 29.–(1) For the purposes of this Schedule, a gift is tainted if it was made by the accused at any time after7 of 2016. (a) the date on which the offence to which the external order or external request relates was committed; or (b) if the accused’s criminal conduct consists of two or more offences and they were committed on different dates, the date on which the earliest was committed. 7 of 2016. 7 of 2016. (2) For the purposes of sub-section (1), an offence which is a continuing offence is committed on the first occasion when it is committed. 204[CAP. 104 Money Laundering and Terrorism (Prevention) (3) A gift may be a tainted gift even if it was made before the date on which this Act came into force. 30. In this Schedule, “specified property” means property specified in an external order, other than an order that specifies a sum of money.