12 of 2014 proceeds of crime (amedment) ordinance

TURKS AND CAICOS ISLANDS PROCEEDS OF CRIME (AMENDMENT) ORDINANCE 2014 (Ordinance 12 of 2014) ARRANGEMENT OF SECTIONS SECTION

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Short title and commencement Interpretation General amendment Section 2 amended Section 6 amended Section 108 amended Section 109 substituted Section 110 amended Section 112 and 113 (1) amended Sections 116, 120, 121, 123, 124, 125 amended Section 145 amended Schedule 1 amended

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TURKS AND CAICOS ISLANDS PROCEEDS OF CRIME (AMENDMENT) ORDINANCE 2014

(Ordinance 12 of 2014)

Assent…………………………………………….18th June 2014 Publication in Gazette………………………….20th June 2014 Commencement…………………in accordance with section 1 AN ORDINANCE TO AMEND THE PROCEEDS OF CRIME ORDINANCE.

ENACTED by the Legislature of the Turks and Caicos Islands.

Short title and commencement 1. This Ordinance may be cited as the Proceeds of Crime (Amendment) Ordinance 2014 and shall come into operation on the same day as the Prevention of Terrorism Ordinance 2014 and the Financial Intelligence Agency Ordinance 2014.

Interpretation 2. In this Ordinance “principal Ordinance” means the Proceeds of Crime Ordinance.

General amendment 3. The principal Ordinance is amended by substituting for “Reporting Authority” wherever it appears, unless otherwise specified, the words “Anti-Money Laundering Committee”.

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Section 2 amended 4. Section 2 (1) of the principal Ordinance is amended— (a) by repealing the definition of Authority” and substituting it with—

“Reporting

““Anti-Money Laundering Committee” means the Committee established under section 108;”;

(b) by repealing the definition of “financial intelligence unit” and substituting it with— ““Financial Intelligence Agency” means the Agency established under the Financial Intelligence Agency Ordinance;”; (c) by inserting in the appropriate alphabetical position the following definitions— ““financing of proliferation” means the act of providing funds or financial services which are used, in whole or in part, for the manufacture, acquisition, possession, development, export, trans-shipment, brokering, transport, transfer, stockpiling or use of nuclear, chemical or biological weapons and their means of delivery and related materials (including both technologies and dual use goods used for non-legitimate purposes), in contravention of any enactment, or where applicable, international obligations; “terrorist finance offence” has the meaning given to that expression under section 2 of the Prevention of Terrorism Ordinance;”; (d) in paragraph (a) of the definition of “terrorist financing”, by inserting after subparagraph (iii) the following— “(iv) sections 9 to 12 of the Prevention of Terrorism Ordinance; or”; and (e) in the definition of “terrorist financing legislation”, by inserting after paragraph (c) the following paragraph— “(ca) the Prevention of Terrorism Ordinance;”.

Section 6 amended 5. Section 6(2) of the principal Ordinance is amended by inserting after paragraph (c) the following paragraph— “(d) section 21 of the Prevention of Terrorism Ordinance.”.

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Section 108 amended 6. Section 108 (2) of the principal Ordinance is amended by— (a) substituting for paragraph (e) the following— “(e) Director of the Financial Intelligence Agency; and”; (b) inserting a new paragraph immediately after paragraph (e)— “(f) the Director of Public Prosecutions.”; and (c) repealing subsection (5).

Section 109 substituted 7. The principal Ordinance is amended by repealing section 109 and substituting it with—

“Functions of the Anti-Money Laundering Committee 109. The functions of the Anti-Money Laundering Committee shall be— (a) to advise the Governor in relation to the detection and prevention of money laundering, terrorist financing and the financing of proliferation, and on the development of a national plan of action to include recommendations on effective mechanisms to enable the competent authorities in the Islands to coordinate with each other concerning the development and implementation of policies and activities to combat money laundering, terrorist financing and the financing of proliferation; (b) to advise the Governor as to the participation of the Islands in the international effort against money laundering, terrorist financing and the financing of proliferation; (c) to advise the Governor in the development of policies to combat money laundering, terrorist financing and the financing of proliferation; (d) to issue a code and guidance in terms of this Ordinance; (e) to advise for the authorisation of payment of funds to be made out of the Fund; and

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(f) such other functions as are necessary for purposes of this Ordinance.”.

Section 110 amended 8. Section 110 of the principal Ordinance is amended by substituting for “Reporting Authority” wherever it appears, the words “Financial Intelligence Agency”.

Sections 112 and 113 (1) amended 9. Sections 112 and 113 (1) of the principal Ordinance is amended by repealing the words “,employee”.

Sections 116, 120, 121, 123, 124, 125 amended 10. Sections 116, 120, 121, 123, 124, 125 of the principal Ordinance is amended by substituting for “Reporting Authority” wherever it appears, the words “Financial Intelligence Agency”.

Section 145 amended 11. Section 145 of the principal Ordinance is amended— (a) in subsection (2) (a) and (b) by inserting after the words “Anti-terrorist Financing Order” the words “or the Prevention of Terrorism Ordinance”; (b) in subsection (3)— (i)

under paragraph (b), by inserting after “Reporting Authority”, the words “and the Financial Intelligence Agency”; and

(ii) under by paragraphs (e) and (f), by inserting after the word “Ordinance” the words “or the Prevention of Terrorism Ordinance”; and (c) by inserting a proviso in subsection (4)— “Provided that monies paid into the Fund by virtue of a court order, and are held in trust or are subject of an appeal shall not be computed into the $2 million dollars or the excess to be paid into the Consolidated Fund.”.

Schedule 1 amended 12.

Schedule 1 of the principal Ordinance is amended by repealing paragraph 3 and substituting it with— “3. A terrorist finance offence.”. _________________________

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