Offence to institute, etc. infringing proceedings

(1) A person commits an offence who, whether in Belize or outside of Belize, and whether in respect of a matter occurring before or after the coming into operation of this Act– (a) has instituted, intervened in or sought the conduct of proceedings in any foreign State, being proceedings from which the Bank or the property of the Bank would, by virtue of section 3, be immune; (b) knowingly makes a false report or public statement to the effect that the Bank or the property of the Bank has been subjected to proceedings from which the Bank or its Immunities) 7 property would, by virtue of section 3, be immune. (2) Any person who contravenes subsection (1)(a) commits an offence and is liable on summary conviction– (a) in the case of an individual, to a fine not exceeding one hundred and fifty thousand dollars, or to imprisonment for a term not exceeding two years, or to both the fine and imprisonment; (b) in the case of a legal person (whether a body corporate or unincorporate or other entity), to a fine not exceeding two hundred and fifty thousand dollars. (3) Any person who contravenes subsection (1)(b) commits an offence and shall be liable on summary conviction– (a) in the case of an individual, to a fine not exceeding one hundred thousand dollars, or to imprisonment for a term not exceeding one year, or to both or to both the fine and imprisonment; (b) in the case of a legal person (whether a body corporate or unincorporate or other entity), to a fine not exceeding one hundred and fifty thousand dollars. (4) Where an offence under this section is committed by a legal person (whether a body corporate or unincorporated or other entity), every person who, at the time of the commission of the offence acted in an official capacity for or on behalf of the legal person, whether as shareholder, partner, director, manager, advisor, secretary or other similar officer, or was purporting to 8 [CAP. 262:01 Immunities) act in any such capacity, is regarded as having committed that offence and is liable to be punished pursuant to subsection (2)(a) or (3)(a), as the case may be, unless he adduces evidence to show that the offence was committed without his knowledge consent or connivance, and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.