← belizelaw.ai · Financial Intelligence Unit, Cap. 138:02 · PART II — Establishment of Financial Intelligence Unit

Appointment of Director

Cap. 138:02, s. 4 · Revised Edition 2020

(1) There shall be a Director of the Unit who shall be appointed by the Governor-General on the advice of the Prime Minister for such period of not less than three years and upon such terms as may be specified in his instrument of appointment. (2) The Director shall be the chief executive officer of the Unit and shall be responsible for the day-to-day management and administration of the Unit and for performance of its functions under this Act and of the functions conferred upon him under this Act or any other law. (3) A person shall not be qualified to be appointed Director if that person– (a) is a member of either House of the National Assembly; (b) is a director, officer or employee of any financial institution; (c) holds, directly or by proxy a shareholding of more than five percent of the issued capital in a financial institution; or 8 (d) has been convicted of an offence in respect of which a penalty of imprisonment for twelve months or more is provided for. (4) The Director– (a) may, at any time, by notice in writing to the Governor-General resign his office; and (b) shall without delay vacate office– (i) if any of the circumstances set out in sub-section (3) arise; or (ii) on attaining the age of seventy five. (5) A person holding the office of Director may be removed from office within the period of his appointment only for inability to exercise the functions of his office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. (6) The Director shall be removed from office by the Governor-General if the question of his removal from office has been referred to the Belize Advisory Council in accordance with the next following sub-section and the Belize Advisory Council has advised the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour. (7) If the Prime Minister represents to the Governor-General that the question of removing the Director under this section ought to be investigated, then– (a) the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in section 54 of the Constitution; and Financial Intelligence Unit[CAP. 138:02 9 (b) the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor- General whether he should be removed under this section. (8) If the question of removing the Director from office has been referred to the Belize Advisory Council under the preceding sub-section, the Governor-General may suspend him from performing the functions of his office, and any such suspension may at any time be revoked by the Governor- General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that he should not be removed from office.

Amended by: 6 of 2014; 6 of 2014; 6 of 2014; 6 of 2014; 6 of 2014

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