Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697631245494.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA No.

9 of 1996 as amended by No.

18 of 1998 [Repealed] S.I.

No.

49 of 1998 No.

9 of 1999 No.

20 of 2000 No.

6 of 2001 No.

17 of 2002 and Nos.

11 and 26 of 2003 No.

15 of 2008 MONEY LAUNDERING (PREVENTION) ACT 1996 A consolidated (non-authoritative) version of the Act and its amendments prepared by the ONDCP Edited: June 2009 The Text contained in this document consists of a consolidation of:— The Money Laundering (Prevention) Act 1996 (No.
9 of 1996) (In force: 28 May 1998 by S.I.

No.

10 of 1998) as amended by: • The Money Laundering (Prevention) (Amendment) Act 1998 (No 18 of 1998) (In force: 12 November 1998) [Repealed by Act No.

9 of 1999, section 17] • The Money Laundering (Amendment of First Schedule) Order (S.I.

No.

49 of 1998) (In force: 30 November 1998) • The Money Laundering (Prevention) (Amendment) Act 1999 (No.

9 of 1999) (In force: 9 September 1999) • The Law Revision (Miscellaneous) (Amendments) (No.3) Act 2000 (No.
20 of 2000) (In force: 28 December 2000) • The Money Laundering (Prevention) (Amendment) Act 2001 (No.

6 of 2001) (In force: 27 April 2001) • The Money Laundering (Prevention) (Amendment) Act 2002 (No.

17 of 2002) (In force: 27 December 2002) • The Ofﬁce of National Drug and Money Laundering Control Policy Act 2003 (No.

11 of 2003) (In force: 18 December 2003) • The Money Laundering (Prevention) (Amendment) Act 2003 (No.
26 of 2003) (In force: 5 February 2004) • The Money Laundering (Prevention) (Amendment) Act 2008 (No.

15 of 2008) (In force: 8 January 2009) Disclaimer: This document is not an ofﬁcial consolidation passed by Parliament.

This legislative material has been prepared for convenience of reference only.

It is not an ofﬁcial government publication.


For all purposes of interpreting and applying the law, users should consult the principal Act and its amendments as passed by Parliament and published in the Government Gazette.

Facsimiles of the statutes appear at the end of this consolidation starting at page 66.

Care has been taken in the preparation of this text.

However, the ONDCP assumes no responsibility for the accuracy or reliability of the text or any reproduction of any part of this material.
Certain typographical errors and numbering inconsistencies will be encountered in the consolidation and may reﬂect the ofﬁcial published text.

Arrangement of Sections Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA Arrangement of Sections PART I PRELIMINARY Short Title Interpretation 1.

2.

2A.

2B.

2C.

2D.

2E.

2F.

2G.

2H.

Money laundering activity explained PART II MONEY LAUNDERING PROHIBITED 3.

4.

5.

6.

7.

8.

9.


Offence of money laundering Offence committed by a body of persons Attempts, aiding and abetting, conspiracy Penalty for money laundering Tipping-off Falsiﬁcation, concealment etc., of documents Jurisdiction PART III ANTI-MONEY LAUNDERING SUPERVISION 10.

Appointment of Supervisory Authority page 3 ANTIGUA AND BARBUDA Arrangement of Sections Money Laundering (Prevention) Act 1996 11.

Powers of Supervisory Authority 11A.

Opening or operating an account in a false name 12.
Retention of ﬁnancial records 12A.

Minimum retention period of a document 12B.

Deﬁnition of terms used in sections 12 and 12A 13.

Reporting of suspicious business transactions by ﬁnancial institutions 14.

Supervisory Authority’s powers to obtain search warrant 15.

Property tracking and monitoring orders 16.

Mandatory injunction to enforce compliance 17.

Other measures to avoid money laundering 18.

Currency reporting when leaving Antigua and Barbuda 18A.
Seizure and detention of suspected currency 18B.

Application to Magistrate to forfeit seized currency 18C.

Reportable details and currency PART IV FREEZING AND FORFEITURE OF ASSETS IN RELATION TO MONEY LAUNDERING 19.

Freezing of Property 19A.

Conditions for making freezing order 19B.

High Court to make ancillary orders PART IVA AUTOMATIC FORFEITURE UPON CONVICTION OF A MONEY LAUNDERING OFFENCE 20.
Forfeiture of property, proceeds or instrumentalities page 4 ANTIGUA AND BARBUDA Arrangement of Sections PART IVB Money Laundering (Prevention) Act 1996 CIVIL FORFEITURE 20A.

Civil forfeiture orders 20B.

Application for civil proceeds assessment order 20C.

Matters to be considered in making an order under section 20B PART IVC EFFECT AND ENFORCEMENT OF CONFISCATION 20D.

Effect and enforcement of conﬁscation 20E.

Disposition of property subject to forfeiture prohibited 20F.
Property in effective control of a person subject to civil proceeds assessment order PART IVD FORFEITURE FUND 20G.

Forfeiture fund PART IVE PROTECTION OF THIRD PARTIES 21.

22.

Rights of bona-ﬁde third parties Limitations on freezing and forfeiture of property PART V INTERNATIONAL COOPERATION 23.

Assistance to foreign countries PART VI MISCELLANEOUS 24.

Money laundering an offence for extradition purposes page 5 ANTIGUA AND BARBUDA Arrangement of Sections Money Laundering (Prevention) Act 1996 25.
Secrecy obligations overridden 26.

Disclosure protected 27.

Prosecution of offences 28.

Limitation of proceedings 28A.

Determination of questions of fact 28B.

Proceeding on application to be treated as civil 28C.

Award of costs 29.

Regulations 30.


Commencement FIRST SCHEDULE page 6 PART I - PRELIMINARY ANTIGUA AND BARBUDA Section 1 Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA AN ACT to make provisions for the prevention of money laundering and to provide for matters connected therewith or incidental thereto.

ENACTED, by the Parliament of Antigua and Barbuda as follows:— PART I PRELIMINARY Short title 1.

(1) This Act may be cited as the Money Laundering (Prevention) Act, 1996.

Interpretation 2.
Interpretation 2.

(1) In this Act— “authorised ofﬁcer” means a person authorised by the Supervisory Authority to perform certain acts or functions under this Act.

“business transaction” includes any arrangement, opening an account, between two or more persons where the purpose of the arrangement is to facilitate a transaction between the persons concerned and any related transaction between any of the persons concerned and another person.
“business transaction record” includes where relevant to a business transaction— (a) (b) (c) the identiﬁcation of all the persons party to that transaction; a description of that transaction sufﬁcient to identify its purpose and method of execution; the details of any account used for that transaction including bank, branch and sort code; and (d) the total value of that transaction; “civil forfeiture order” means an order made pursuant to section 20A.
“civil proceeds assessment order” means an order made pursuant to section 20B.

“ﬁnancial institution” means any person whose regular page 7 “authorised of- ﬁcer” inserted by s.2 of No.

6 of 2001 “Competent Authority”, re- plealed by s.2 of No.

6 of 2001 “civil forfeiture order” and “civil proceeds assess- ment order” in- serted - amended by s.2(d) of No.
17 of 2002 PART I - PRELIMINARY ANTIGUA AND BARBUDA Section 2(1) Money Laundering (Prevention) Act 1996 occupation or business is, for the account of that person, the carrying on of:— (a) (b) any activity listed in the First Schedule to this Act; any other activity deﬁned by the Minister by an order published in the Gazette amending the First Schedule; “forfeiture”, re- plealed by s.2 of No.
6 of 2001 “freezing” means temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order by a court or other competent authority; “gift” in relation to property, includes a transfer for a consideration signiﬁcantly less than the greater of— (a) (b) the prevailing market value of the property; or the consideration paid by the defendant.
“identiﬁcation record” means— (a) where the person is a corporate body, the details— “gift inserted by s.2 of No.
6 of 2001 (i) (ii) of the certiﬁcate of incorporation or the incorporation certiﬁcate by any other name, such certiﬁcate to be notarized where the corporate body is incorporated outside Antigua and Barbuda; of the most recent annual return of the corporate body ﬁled at the General Registry, such return to be notarized where the corporate body is incorporated outside of Antigua and Barbuda; (iii) of any ofﬁcer of the corporation as required in sub-paragraph (b) of this deﬁnition; and page 8 PART I - PRELIMINARY Section 2(1) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (b) in any other case, sufﬁcient documentary evidence to prove to the satisfaction of a ﬁnancial institution that the person is who that person claims to be; and for these purposes “person” includes any person who is a nominee, agent, beneﬁciary or principal in relation to a business transaction; “instrumentality” means property that is used in connection with or is intended to be used in any manner in or in connection with the commission of — (i) a money laundering offence; or (ii) an offence against subsection 18(1) or subsection 18(4) of this Act.
(iii) a money laundering activity.
“Minister” means the Minister responsible for national drug control and security unless speciﬁcally provided otherwise; “money laundering” means — (a) (b) engaging directly or indirectly, in a transaction that involves money, or other property, or receiving, possessing, managing, investing, concealing, disguising, disposing of or bringing into Antigua and Barbuda any money, or other property, knowing or having reasonable grounds to suspect that the money, or other property, is derived, obtained or realised, directly or indirectly, from some form of unlawful activity or is an instrumentality.
“money laundering offence” means— page 9 “instrumental- ity” inserted by s.2 of No.

6 of 2001 Para (iii) inserted by s.2(c) of No.

17 of 2002 “money launder- ing” inserted by s.2 of No.

6 of 2001 “or is an in- strumentality” inserted at end of the deﬁni- tion of “money laundering” by s.2(a) of No.

17 of 2002 “money laun- dering offence” inserted by s.2 of No.
6 of 2001 PART I - PRELIMINARY Section 2(1) Money Laundering (Prevention) Act 1996 (i) an offence against*: ANTIGUA AND BARBUDA (a) sections 3 and 5 of this Act; (b) sections 11A and 18 of this Act (c) (d) section 61 of the Proceeds of Crime Act, 1993; or sections 4, 5, 6(3), 7 and 8 of the Misuse of Drugs Act, Cap.
283; or (ii) an offence against: (a) (b) any foreign law speciﬁed by regulation under this Act; or any foreign law, whether or not it is speciﬁed by regulation under this Act which prescribes dealings in property which is the proceeds of crime, which, if it was committed in Antigua and Barbuda, would be an offence against this Act or any other law of Antigua and Barbuda.
In deciding whether an offence against any foreign law is a money laundering offence within the meaning of this deﬁnition, due regard should be given to differences in the form and usages of foreign laws and the meaning of any language used in such law should be construed broadly and not strictly.
“person” includes any entity, natural or juridical, a corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, or other unincorporated organization or group, capable of acquiring rights or entering into obligations; “prescribed of- fence”, repealed by s.2 of No.
6 of 2001 page 10 *Note: See also section 9(3) of the Prevention of Terrorism Act 2005 PART I - PRELIMINARY Section 2(1) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA “proceeds” in relation to an offence, means any property that is derived or realised, directly or indirectly by any person from the commission of the offence.

“proceeds” inserted by s.2 of No.

6 of 2001 “proceeds of crime” inserted by s.2 of No.
6 of 2001 “proceeds of crime” means: (a) (b) proceeds of a criminal offence against the laws of Antigua and Barbuda; or any property that is derived or realised, directly or indirectly by any person from acts or omissions that: (i) (ii) occurred outside Antigua and Barbuda; and would, if they had occurred in Antigua and Barbuda, have constituted an offence against the laws of Antigua and Barbuda.
“property” includes money, investments, holdings possessions, assets and all other property real or personal, heritable or moveable including things in action and other intangible or incorporeal property wherever situate (whether in Antigua & Barbuda or elsewhere) and includes any interest in such property; “Supervisory Authority” means Supervisory Authority appointed under section 10.
“unlawful activity” means — an act or omission that constitutes an offence against a law in force in Antigua and Barbuda or against a law in force in a foreign country that would, if it was committed in Antigua and Barbuda, be an offence against a law of Antigua and Barbuda; (2) The Minister may from time to time by order published in the Gazette amend the Second Schedule to this Act.
page 11 PART I - PRELIMINARY ANTIGUA AND BARBUDA Section 2(3) (3) Money Laundering (Prevention) Act 1996 Knowledge, intent, purpose, belief or suspicion required as an element of any offence under this Act may be inferred from objective, factual circumstances.

2A.
2A.

(1) For the purposes of Part IVA of this Act a person is convicted of an offence if: (i) (ii) (iii) he is convicted of the offence by a court either in Antigua and Barbuda or elsewhere; a court, with the consent of the person, takes the offence, of which the person has been found guilty, into account in passing sentence on the person for another offence; a declaration is made by the High Court pursuant to section 2B that the person has absconded in relation to the offence.
(2) In any proceeding related to the operation of this Act if the conviction of a person of a money laundering offence is an issue a certiﬁed copy or copy with an ofﬁcial stamp, of a certiﬁcate of conviction or judgment together with any translation of the said documents into English by a person ﬂuent in the language used in the country in which the person was convicted shall be regarded as conclusive proof of the conviction of the person of the money laundering offence concerned and prima facie proof of any facts asserted and relied upon in the document.
s.2A inserted by s.3 of No.

6 of 2001 s.2A amended, substituting “Part IVA” for “Part IV” by s.3 of No.

17 of 2002 2B.

(1) For the purposes of Part IVA of this Act a person shall be taken to abscond in connection to a money laundering offence with which he has been charged in Antigua and Barbuda if: s.2B inserted by s.3 of No.
6 of 2001 (a) (b) an information is laid alleging the commission of the offence by the person; and a warrant for the arrest of the person is issued in relation to that information; and (c) one of the following occurs: “Part IV” deleted from subsections 2B(1), (2), (3) and (4) and “Part IVA” substi- tuted by s.4 of No.
17 of 2002 page 12 PART I - PRELIMINARY Section 2B(1)(c)(I) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (i) (ii) the person dies without the warrant being executed; at the end of the period of 6 months commencing on the day on which the warrant is issued: (a) the person cannot be found; or (b) the person is, for any other reason, not amenable to justice and, if the person is outside Antigua and Barbuda, extradition proceedings have not commenced; (iii) at the end of the period of 6 months commencing on the day on which the warrant is issued: (a) the person is, by reason of being outside Antigua and Barbuda, not amenable to justice; and (b) extradition proceedings have been commenced; and subsequently those proceedings terminate without an order for the person’s extradition being made.
(2) Upon application being made by the Supervisory Authority, and upon being satisﬁed that the provisions of subsection (1) are satisﬁed in respect of a person the High Court shall declare that the person has absconded and, for the purposes of Part IVA of this Act only, is convicted of any money laundering offence of which the person has been charged in Antigua and Barbuda.
page 13 ANTIGUA AND BARBUDA PART I - PRELIMINARY Section 2B(3) Money Laundering (Prevention) Act 1996 (3) For the purposes of Part IVA of this Act a person shall be taken to abscond in connection with a money laundering offence with which he has been charged in a country other than Antigua and Barbuda if an afﬁdavit is ﬁled in the High Court that has been sworn by an authorised ofﬁcer which deposes to the following — that: (a) (b) a charge has been laid against the person for a money laundering offence; a warrant for the arrest of the person has been issued in relation to that charge; and either (ii) (iii) (iv) the person has died without the warrant being executed; or at the end of the period of 6 months commencing on the day on which the warrant was issued the person cannot be found or is, for any other reason, not amenable to justice and no extradition proceedings have been commenced; or at the end of the period of 6 months commencing on the day on which the warrant is issued the person is, by reason of being outside the country concerned, not amenable to justice; and that extradition proceedings have taken place which terminated without an order for the person’s extradition being made.
(4) Upon application being made by the Supervisory Authority, and upon being satisﬁed that the provisions of subsection (3) are satisﬁed in respect of a person the High Court shall declare that the person has absconded and, for the purposes of Part IVA of this Act only, is convicted of any money page 14 PART I - PRELIMINARY Section 2B(4) Money Laundering (Prevention) Act 1996 laundering offence of which the person has been charged in any foreign country.
ANTIGUA AND BARBUDA (5) (6) Any afﬁdavit ﬁled in support of an application made pursuant to subsection (2) or (4) together with any document exhibited to it shall be accepted as proof of the contents thereof unless the court has strong grounds for declining to accept any assertion that is made in the afﬁdavit or any document exhibited to it.
A person who is the subject of an application pursuant to subsection (2) shall, in accordance with the manner prescribed in section 28D, be given at least fourteen days notice of the application by the Supervisory Authority.

Subsection (6) inserted by s.4 of No.

17 of 2002 2C.

(1) “Property, or an interest in property, may be subject to the effective control of a person within the meaning of this Act whether or not the person has: s.2C inserted by s.3 of No.
6 of 2001 (a) (b) a legal or equitable estate or interest in the property; or a right, power or privilege in connection with the property.
(2) Without limiting the generality of any other provision in this Act, in determining: (a) (b) whether or not property, or an interest in property, is subject to the effective control of a person; or whether or not there are reasonable grounds to suspect that property, or an interest in property, is subject to the effective control of a person; regard may be had to: page 15 PART I - PRELIMINARY Section 2C(2)(c) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (c) (d) (e) shareholdings in, debentures over or directorships of a company that has an interest (whether direct of indirect) in the property; a trust that has a relationship to the property; and family, domestic and business relationships between persons having an interest in the property, or in companies of the kind referred to in paragraph (c) or trusts of the kind referred to in paragraph (d), and other persons.
(3) In determining whether property, or an interest in property is subject to the effective control of a person the court may lift the corporate veil of any company whether it is registered under the laws of Antigua and Barbuda or elsewhere.

2D.
For the purpose of an application under this Act, property in which the defendant has an interest includes — (1) (2) any property that is, on the day when the ﬁrst application is made under this Act in respect of that offence or money laundering activity subject to the effective control of the defendant; and any property that was the subject of a gift from the defendant to another person within the period of 6 years before the ﬁrst application was made under this Act in respect of that offence or money laundering activity.
s.2D inserted by s.3 of No.

6 of 2001 In s.2D comma after “offence” deleted in subsection (1), and “or money laundering activity” inserted after “offence” wherever it oc- curs - amended by s.5 of No.

17 of 2002 For the purpose of this Act, two offences are related to one another if the elements of the two offences are substantially the same acts or omissions.

s.2E inserted by s.3 of No.


6 of 2001 A person may be appointed as a trustee for the purposes of this Act if they are qualiﬁed to be appointed as a receiver/ manager or liquidator of a foreign corporation pursuant to the s.2F inserted by s.3 of No.

6 of 2001 2E.

2F.

page 16 PART I - PRELIMINARY Section 2G Money Laundering (Prevention) Act 1996 Business Corporation Act, Cap.

222 (as amended).

2G.

For the purposes of any application under this Act — ANTIGUA AND BARBUDA s.2G inserted by s.3 of No.
6 of 2001 In s.2G para (d), “the charging or conviction of” deleted; ”or money laundering activity” inserted after “offence” wherever it occurs - amended by s.6 of No.
17 of 2002 (a) (b) (c) (d) any afﬁdavit or statement of a relevant foreign authority which is relevant to an application under this Act shall be accepted as proof of the contents thereof; any document which is or purports to be a copy of a business record kept by a person, corporation or other entity in the ordinary course of business shall be accepted as proof of the contents thereof unless the court is satisﬁed that the contents of the document are false; any afﬁdavit ﬁled in support of an application made pursuant to this together with any document exhibited to it shall not be objected to or ruled inadmissible solely on the ground that it contains hearsay evidence; a court may take into account in determining the application any material that it thinks ﬁt, including evidence given in any proceeding relating to the offence or money laundering activity in reliance on which the application is made or any related offence or money laundering activity, or other offence or money laundering activity arising from the same facts, and for this purpose, the whole or any part of the record of evidence of those proceedings is admissible in evidence as if it were a record of evidence given on the hearing of the application; Money launder- ing activity explained 2H.
In this Act a reference to money laundering activity by a person is a reference to anything done by the person that at s.2H inserted by s.7 of No.
17 of 2002 page 17 PART II - MONEY LAUNDERING PRO- HIBITED Section 2H Money Laundering (Prevention) Act 1996 the time was a money laundering offence whether or not the person has been charged with the offence and, if charged: ANTIGUA AND BARBUDA (a) has been tried; or (b) has been tried and acquitted; or (c) has been convicted (even if the conviction has been quashed or set aside).

PART II MONEY LAUNDERING PROHIBITED 3.

4.

5.

6.


Offence of Money Laun- dering Offences com- mitted by a body corpo- rate Attempts; aiding and abetting; con- spiracy Penalty for money laun- dering page 18 A person who, after the commencement of this Act, engages in money laundering is guilty of an offence.
Where an offence under the provisions of section 3 is committed by a body of persons, whether corporate or unincorporated, every person who, at the time of the commission of the offence, acted in an ofﬁcial capacity for or on behalf of the body of persons in respect of that offence, whether as director, manager, secretary or other similar ofﬁcer, or was purporting to act in that capacity, commits that offence and shall be tried under section 3.
Any person who attempts or aids, abets, counsels or procures the commission of, or conspires to commit, the offence of money laundering is guilty of an offence.

A person who commits an offence under section 3, or 4 or 5 is liable on (i) (ii) summary conviction to a ﬁne of two hundred thousand dollars or imprisonment for three years or to both; and conviction on indictment to a ﬁne of one million dollars or imprisonment for seven years or to both.
PART II - MONEY LAUNDERING PROHIBITED Section 7(1) Money Laundering (Prevention) Act 1996 Tipping off 7.

(1) It is an offence for a person who knows or suspects that an investigation into money laundering has been, is being or is about to be made to divulge that fact or other information to another whereby the investigation is likely to be prejudiced.
ANTIGUA AND BARBUDA (2) (3) It is an offence for a person who knows or suspects that a ﬁnancial institution has submitted or is about to submit a suspicious activity report pursuant to section 13(2), to divulge that fact or other related information to another person.

A person who commits an offence under this section is liable on conviction to a ﬁne of one hundred thousand dollars, and to imprisonment for three years.

ss.7(2) repealed and replaced by s.2 of No.

15 of 2008.
15 of 2008.

Falsiﬁcation, conceal- ment etc, of docmetnts 8.

(1) It is an offence for a person to falsify conceal, destroy or otherwise dispose of or cause or permit the falsiﬁcation concealment, destruction or disposal of any document or material which is or likely to be relevant to an investigation into money laundering or to any order made in accordance with the provisions of this Act.

9.
9.

(2) A person guilty of an offence under subsection (1) is liable on conviction to a ﬁne of two hundred and ﬁfty thousand dollars and to imprisonment for ﬁve years.
An offence under this Act, whether or not it occurred in Antigua and Barbuda or any other territorial jurisdiction shall be investigated by the law enforcement authorities or a person authorized by the Supervisory Authority and tried, judged and sentenced by a court in Antigua and Barbuda without prejudice to extradition when applicable in accordance with the law.

PART III ANTI-MONEY LAUNDERING SUPERVISION 10.


Appoint- ment of Supervisory Authority The person appointed to be Director of the ONDCP pursuant to section 4 of the Ofﬁce of National Drug and Money Laundering Control Policy Act, 2003 shall be the Supervisory Authority under this Act.

s.10 repealed and replaced by s.38 ONDCP Act page 19 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 11 Money Laundering (Prevention) Act 1996 11.
The Supervisory Authority— ANTIGUA AND BARBUDA Powers of the Supervisory Authority page 20 shall receive the reports issued by the ﬁnancial institutions pursuant to the provisions of section 13(2); shall send any report to the law enforcement authority if, having considered the report, the Supervisory authority also has reasonable grounds to believe that a money laundering offence is being, has been or is about to be committed; or a person authorized by the Supervisory Authority, may enter into the premises of any ﬁnancial institution during normal working hours to inspect any business transaction record kept by that ﬁnancial institution pursuant to section 12(1) and ask any questions relevant to such record and to make any notes or take any copies of the whole or any part of any such record; shall send to the law enforcement authorities any information derived from an inspection carried out pursuant to paragraph (iii) of this section if it gives the supervisory Authority reasonable grounds to believe that a money laundering offence is being, has been, or is about to be committed; (i) (ii) (iii) (iv) (v) (vi) may instruct any ﬁnancial institution or to seek the assistance of any government department, statutory body, or other public body to take such steps as may be appropriate to facilitate any investigation anticipated by the Supervisory Authority following a report or investigation made under this section; In s.11 para (iii) “sec- tion 12(i)” substitued with “sec- tion 12(1)” - amended by s.8 of No.
17 of 2002 s.11 para (v) repealed by s.8 of No.
17 of 2002 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 11(vii) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (vii) within or without Antigua and Barbuda, make recommendation arising out of any information received, issue guide-lines to ﬁnancial institutions and advise the Minister with regard to any matter relating to money laundering; (viii) shall create training requirements and provide such training for any ﬁnancial institution in respect of the business transaction record-keeping and reporting obligations as provided under section 12(i), and 13(ii), respectively.
; (ix) may consult with any person, institution or organization within or without Antigua and Barbuda for the purposes of the exercise of its powers or duties under the Act; and (x) may send a copy of the report received under paragraph (i) and any other information obtained pursuant to this section to the person, institution or organization it is consulting with under paragraph (ix).
(xi) shall exercise the powers and functions conferred on the Supervisory Authority by this Act to trace property that is the proceeds of offences against the laws of Antigua and Barbuda and elsewhere and to make application for the freezing and forfeiture of such property in accordance with the provisions of this Act.

Opening or operating an account in a false name prohibited 11A.

(1) A person shall not open an account with a ﬁnancial institution in a false name.
(2) (3) A person shall not operate an account with a ﬁnancial institution in a false name.

A person shall not authorise the operation of an account with a ﬁnancial institution if the account is in a false name.

(4) Where a person is commonly known by two or more different names, the person shall not use one of those page 21 s.11(xi) inserted by s.5 of No.

6 of 2001 s.11A in- serted by s.9 of No.


17 of 2002 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 11A(4) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA names in opening an account with a ﬁnancial institution unless the person has previously disclosed the other name or names to the ﬁnancial institution.
(5) Where a person is commonly known by two or more different names, the person shall not use one of those names in operating an account with a ﬁnancial institution unless the person has previously disclosed the other name or names to the ﬁnancial institution.
(6) Where a person using a particular name in dealing with a ﬁnancial institution discloses to the ﬁnancial institution a different name or different names by which the person is commonly known, the ﬁnancial institution shall make a record of the disclosure and shall, upon request in writing from the Supervisory Authority, give the Supervisory Authority a copy of that record.
(7) A person who contravenes subsection (1), (2), (3), (4), (5) or (6) commits an offence and is liable on summary conviction to a ﬁne not exceeding twenty thousand dollars ($20,000) or to a term of imprisonment not exceeding two years or to both.
(8) For purposes of this section: (a) (b) a person opens an account in a false name if the person, in opening the account, or becoming a signatoy to the account, uses a name other than a name by which the person is commonly known; and a person operates an account in a false name if the person does any act or thing in relation to the account (whether by way of making a deposit or withdrawal or by way of communication with the ﬁnancial institution concerned or otherwise) and, in doing so, uses a name other than a name by which the person is commonly known; and (c) an account is in a false name if it was opened in a false name, whether before or after the commencement of this paragraph.
page 22 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 12(1) 12.

(1) Retention of ﬁnancial records (2) (3) (4) Money Laundering (Prevention) Act 1996 A ﬁnancial institution shall, subject to section 12A, retain, or retain a copy of, each customer generated ﬁnancial transaction document for the minimum retention period applicable to the document.
Subject to subsection (3), a ﬁnancial institution shall retain, or retain a copy of, each ﬁnancial transaction document that is not a customer generated ﬁnancial transaction document the retention of which is necessary to preserve a record of the ﬁnancial transaction concerned for the minimum retention period applicable to the document.
------- A ﬁnancial institution required to retain documents under this section shall retain and store them in a way that makes retrieval of the documents reasonably practicable.

(5) A ﬁnancial institution shall— ANTIGUA AND BARBUDA s.12 repealed and replaced by s.10 of No.

17 of 2002 s.12(1) repealed and replaced by s.2 of No.

26 of 2003 ss.12(3) repealed by s.3 of No.
15 of 2008 (i) (ii) comply with any instruction given to it by the Supervisory Authority pursuant to section 11(vi); permit any person authorised by the Supervisory Authority upon request to enter into any premises of the ﬁnancial institution during normal working hours and inspect the records kept pursuant to this section and to make any notes or take any copies of the whole or any part of any such record and shall answer any questions of the Supervisory Authority or a person authorised by the Supervisory Authority pursuant to this subsection; (iii) comply with the guidelines and training requirements issued by the Supervisory Authority in accordance with paragraph (vii) or (viii) of section 11.
Minimum retention period of a document (6) A ﬁnancial institution that contravenes subsections (1), (2), (4) or (5) commits an offence and is liable on summary conviction to a ﬁne not exceeding $20,000.

12A.

(1) Where a ﬁnancial institution is required by law to release ss.12A amd 12B inserted by s.10 of No.
17 of 2002 page 23 ANTIGUA AND BARBUDA PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 12A(1) Money Laundering (Prevention) Act 1996 an original of a customer generated ﬁnancial transaction document before the end of the minimum retention period applicable to the document, the ﬁnancial institution shall retain a complete copy of the document until the end of the period or the return of the document, whichever occurs ﬁrst.
The ﬁnancial institution shall maintain a register of documents released under subsection (1).

A ﬁnancial institution that contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a ﬁne not exceeding twenty thousand dollars ($20,000).

(2) (3) Deﬁnition of terms used in sections 12 and 12A 12B.
(1) For the purposes of sections 12 and 12A — “customer generated ﬁnancial transaction document” means a document of a ﬁnancial institution that relates to: (i) (ii) (iii) (iv) (v) (vi) the opening or closing by a person of an account with the institution; the operation by a person of an account with the institution; the opening or use by a person of a deposit box or packet held by the institution.
the telegraphic or electronic transfer of funds by the institution on behalf of the person to another person; the transmission of funds between Antigua and Barbuda and a foreign country or between foreign countries on behalf of a person; an application by a person for a loan from the institution, that is given to the institution by or on behalf of the person whether or not the document is signed by or on behalf of the person; In s.12B “or” deleted from end of s.12B(v); at the end of 12B(vi) full stop replaced with semi- colon; para- graph (vi) inserted after para.
(v) - amended by s.4 of No.

15 of 2008 (vii) the ﬁnancial activities of the customer and any correspondence that relates to that customer.
“ﬁnancial transaction document” in relation to a ﬁnancial institution, means any document that relates to a ﬁnancial transaction carried out by the institution in its capacity as a ﬁnancial institution and, without limiting the generality of this, page 24 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 12B(1) Money Laundering (Prevention) Act 1996 includes a document relating to: ANTIGUA AND BARBUDA (a) (b) the opening, operating or closing of an account held with the institution; and the opening or use of a deposit box held by the institution.
“minimum retention period” in relation to a ﬁnancial transaction document or a customer generated ﬁnancial transaction document means: (a) (b) (c) if the document relates to the opening of an account with the institution — the period of six years after the day on which the account is closed; if the document relates to the opening by a person of a deposit box held by the institution — the period of six years after the day on which the deposit box ceases to be used by the person; or in any other case the period of six (6) years after the day on which the transaction takes place.
13.
(1) Reporting of suspicious business transactions by ﬁnancial institutions Financial institutions shall pay special attention to all complex, unusual or large business transactions, whether completed or not, and to all unusual patterns of transactions and to insigniﬁcant but periodic transactions, which have no apparent economic or lawful purpose and to relations and transactions with persons, including business and other ﬁnancial institutions, from countries that have not adopted a comprehensive anti money laundering programme.
(1A) Financial institutions in relation to all complex, unusual large transactions, whether completed or not, or unusual patterns of transactions which have no apparent or visible economic or lawful purpose, shall— ss.13(1A) in- serted by s.5(a) of No.
15 of 2008 (i) (ii) (iii) examine the background and purpose of the transactions; put their ﬁndings in writing; and treat the ﬁndings as part of the transaction page 25 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 13(2) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA ss.13(2) repealed and replaced by s.5(b) of No.

15 of 2008 s.13(2A) inserted by s.12(a) of No.

17 of 2002 s.13(3) amended by s.6 of No.

6 of 2001 records.
6 of 2001 records.

(2) Upon reasonable suspicion that a transaction or activity could constitute or be related to money laundering, a ﬁnancial institution shall promptly report the suspicious transaction or activity to othe Supervisory Authority.
(2A) The question whether a reasonable suspicion for the purpose of subsection (2) should have been formed, shall be determined objectively, having regard to all the facts and surrounding circumstances; (3) Financial institutions shall not notify any person, other than a court, or other person authorized by law, that information has been requested by or furnished to a court or the Supervisory Authority.
(4) When the report referred to in subsection (2) is made in good faith, the ﬁnancial institutions and their employees, staff, directors, owners or other representatives as authorized by law shall be exempted from criminal, civil or administrative liability, as the case may be, for complying with this section or for breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, regardless of the result of the communication.
(5) (6) 14.

Supervisory Authority’s power to obtain search warrant page 26 Criminal offence is committed by a ﬁnancial institution or its employees staff, directors, owners or other authorized representatives who acting as such, wilfully fail to comply with the obligations in this section, or who wilfully make a false or falsiﬁed report referred to above.
A ﬁnancial institution or any director or employee of a ﬁnancial institution who fails to comply with this section commits an offence and is liable on summary conviction to a ﬁne not exceeding ﬁfty thousand dollars ($50,000) or to a term of imprisonment not exceeding six months or both and in addition the licence may be suspended or revoked by the appropriate Regulatory Authority.
The Supervisory Authority or a law enforcement agency may, apply to a Judge of the High Court and upon satisfying him that there are reasonable grounds for believing that— s.13(6) repealed and replaced - amended by s.12(b) of No.

17 of 2002 s.13(7) repealed by s.12(c) of No.

17 of 2002 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 14 Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA Property tracking and monitoring orders 15.
(i) (ii) (iii) a ﬁnancial institution has failed to keep a business transaction record as provided by the provisions of section 12(1); or a ﬁnancial institution has failed to report any business transaction as provided by the provisions of section 13(2); or an ofﬁcer or employee of a ﬁnancial institution is committing, has committed or is about to commit a money laundering offence; he may make an order authorizing the Supervisory Authority to enter any premises belonging to, or in the possession or under the control of the ﬁnancial institution or any ofﬁcer or employee of such institution and to search the premises and remove any document, material or other thing therein for the purposes of the Supervisory Authority or law enforcement agency as ordered by the Judge and speciﬁed in the warrant.
Upon the application by the Supervisory Authority, a Judge of the High Court, upon being satisﬁed that there are reasonable grounds for believing that a person (referred to in this section as “the defendant”) is committing, has committed or is about to commit a money laundering offence or has engaged or is about to engage in money laundering activity, may make an order— (i) that any person reasonably believed to be in possession or control of any document relevant to— (a) (b) identifying, locating or quantifying any property of the defendant; or identifying or locating any document necessary for the transfer of any property of the defendant, be required to deliver the document forthwith to the Supervisory Authority or other law enforcement agency, page 27 s.15 repealed and replaced by s.13 of No.
17 of 2002 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 15(ii) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (ii) that a ﬁnancial institution forthwith produce to the Supervisory Authority or other law enforcement agency all information obtained by the ﬁnancial institution about any business transaction conducted by or for the defendant with the ﬁnancial institution during such period before or after the date of the order as the Judge directs.
A Judge of the High Court may upon an application made by the Supervisory Authority grant a mandatory injunction against an ofﬁcer or employee of a ﬁnancial institution in the terms the court deems necessary to enforce compliance on being satisﬁed that a ﬁnancial institution has failed without reasonable excuse to comply in whole or in part with any obligation as provided under section 12(i), (ii), (iii) and (iv) and section 13(2).
In granting an injunction pursuant to subsection (1) the Court may order that should the ﬁnancial institution or any ofﬁcer or employee of that institution fail without reasonable excuse to comply with all or any of the provisions of that injunction such ﬁnancial institution, ofﬁcer or employee shall pay a ﬁnancial penalty in the sum and in such manner directed by the Court.
A person who has been convicted of an offence for which a person may be sentenced to a term of imprisonment for twelve months or more whether in Antigua & Barbuda or elsewhere may not be eligible or licensed to carry on the business of a ﬁnancial institution.

16.

(1) Mandatory injunction to enforce com- pliance (2) 17.

Other mea- sures to avoid money laun- dering Currency reporting when enter- ing or leaving Antigua and Barbuda 18.
(1) Where: (a) a person: (ii) (iii) transfers currency of Antigua and Barbuda or foreign currency out of Antigua and Barbuda; or transfers currency of Antigua and Barbuda or foreign currency into Antigua and Barbuda; and page 28 s.17 amended by s.7 of No.

6 of 2001 s.18 repealed and substituted by s.8 of No.
6 of 2001 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 18(1) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (b) the amount of currency involved in the transfer is not less than US$10,000 in value; the person, subject to subsections (2), (3) and (4), commits an offence against this subsection unless a report in respect of the transfer has been made in accordance with this section.
(2) Where: (a) (b) a person receives currency of Antigua and Barbuda or foreign currency transferred to the person from outside Antigua and Barbuda; and the amount of currency is not less than US$10,000 in value; the person commits an offence against this subsection unless: (i) (ii) a report in respect of the transfer of the currency into Antigua and Barbuda has been made in accordance with subsection (1) before the transfer; or a report in respect of the receipt of the currency is given in accordance with this section before the period of 30 days commencing on the day of the receipt of the currency.
(3) A person who commits an offence against subsection (1) or (2) is liable, upon conviction, to a ﬁne of ﬁfty thousand dollars ($50,000) or to imprisonment for not more than 2 years or both.

(4) A report under this section shall: (a) (b) be on the form approved in the regulations; contain the reportable details in relation to the matter being reported; page 29 ANTIGUA AND BARBUDA s.18(4)(d) repealed and re- placed by s.14(a) of No.
17 of 2002 s.18(5) para (a) repealed and re- placed - amended by s.14(b) of No.

17 of 2002 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 18(4)(c) Money Laundering (Prevention) Act 1996 (c) (d) be signed by the person making the report; and be given to a customs ofﬁcer assigned for duty at the point of entry or departure.
(5) A report under this section, other than a report mentioned in subsection 2(b)(i) or (ii), must be given: (a) if the transfer is effected by a person taking the currency out of, or bringing it into Antigua and Barbuda with the person — at the time the currency concerned is brought into or taken out of, Antigua and Barbuda; and (b) in any other case—at any time before the transfer takes place.
(6) For the purposes of subsection (5), if currency is taken out of Antigua and Barbuda by a person who sends or consigns the currency: (a) (b) through the post to a place outside Antigua and Barbuda; or to another person for carriage to a place outside Antigua and Barbuda by that other person or by a third person; the time when the currency is taken out of Antigua and Barbuda is the time when it is irrevocably committed by the ﬁrst mentioned person to the Post Ofﬁce or to the other person as the case may be.
(7) For the purposes of subsection (5)(a), the time at which currency is brought into Antigua and Barbuda by a person is: (a) if the person: (i) transfers the currency into Antigua and Barbuda when a passenger on an aircraft, vessel or ship; and page 30 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 18(7)(a)(ii) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (ii) after disembarking, goes through an area set apart for customs ofﬁcers to examine the passports and personal baggage of, and perform other duties in respect of, disembarking passengers and for such passengers to collect personal baggage; as soon as the person reaches the place in that area at which customs ofﬁcers examine personal baggage or, if the person does not go to that place, when the person leaves that area; or (b) in any other case — the ﬁrst opportunity after arrival in Antigua and Barbuda that the person has to make the report under this section.
(8) For the purposes of subsection 5(a), the time at which currency is taken out of Antigua and Barbuda by a person is: (a) if the person: (i) (ii) transfers the currency out of Antigua and Barbuda when a passenger on an aircraft, vessel or ship; and before embarking, goes through an area set apart for the examination of the passports and baggage of embarking passengers; when the person is at the place in that area in which passports are examined; or (b) in any other case — as soon as the person page 31 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 18(8)(b) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA reaches the person who is to examine the person’s passport in relation to the person leaving Antigua and Barbuda or, if there is no such examination, the last opportunity before leaving Antigua and Barbuda that the person has to make the report under this section.
(9) When a report under this section is made, the person to whom it is made shall, after receipt of the report, forward the report to the Supervisory Authority within 48 hours.
(10) For the purposes of this section, if a person: (a) arranges to leave Antigua and Barbuda on an aircraft, vessel or ship; and (b) for the purposes of leaving Antigua and Barbuda, goes towards an aircraft, vessel or ship through an area described in subsection (8)(a)(ii); and (c) either: (i) takes currency into that area; or (ii) has currency in his or her personal baggage; and (d) does not give a report about the currency when at the place described in that subsection; the person is taken to have transferred the currency out of Antigua and Barbuda.
Seizure and Detention of suspected cur- rency 18A.

(1) A Customs Ofﬁcer, Police Ofﬁcer or ONDCP Ofﬁcer on duty anywhere in the jurisdiction or a member of the Antigua and s.18A inserted by s.9 of No.
6 of 2001 page 32 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 18A(1) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA Barbuda Defence Force engaged in maritime duties may seize and detain currency if he or she has reason to suspect that it is an instrumentality of an offence against subsection 18(1) or 18(2) or is the proceeds of crime or is intended by the person for use in unlawful activity.

s.18A(1) re- pealed and sub- stituted by s.6 of No.
6 of 2008 (2) (3) Currency seized by virtue of this section shall not be detained for more than 7 days unless an order is made for its continued detention pursuant to subsection (3).
An application may be made to a magistrate for an order authorising the continued detention of the seized currency for additional periods, not exceeding 6 months on each occasion, providing that the magistrate is satisﬁed that: (a) (b) there are reasonable grounds for the suspicion referred to in subsection (1); and that continued detention of the currency is justiﬁed while its origin or derivation is further investigated or consideration is given to the institution, whether in Antigua and Barbuda or elsewhere, of criminal proceedings against any person for an offence with which the currency is connected and provided that, in total, the currency is not detained for a period in excess of two years from the date of seizure, save that where a criminal proceedings against any person for an offence with which the currency is connected has commenced, the continuing detention of the currency may be ordered until the proceeding is completed.
S.18A(1) is repre- aled and replaced - amended by s.6 of No.

15 of 2008 (4) An application pursuant to subsection (3) may be made to a magistrate by the Supervisory Authority.
(5) Any currency subject to continued detention under subsection (3) shall, unless required as evidence of page 33 ANTIGUA AND BARBUDA PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 18A(5) Money Laundering (Prevention) Act 1996 an offence, be delivered forthwith into the care of the Supervisory Authority who shall deposit it into a separate interest bearing account.
(6) An order under subsection (3) shall remain in force until: (a) the expiration of the order; (b) the order is vacated by order of a court.

(7) Currency which is detained pursuant to an order made under subsection (3) may be released in whole or in part upon the order of a magistrate provided that the magistrate is satisﬁed that: (a) the grounds under which the currency was originally seized or continued to be detained no longer exist; or (b) the continued detention of the currency is no longer justiﬁed.
(8) An application under subsection (7) may be made by: (a) the person from whom the currency was seized; or (b) a person who, to the satisfaction of the magistrate, has an interest in the currency; or (c) the person, or one of the persons upon whose application the currency was detained; or (d) the Supervisory Authority.
page 34 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 18A(9) Money Laundering (Prevention) Act 1996 (9) An order under subsection (7) may not be made while: ANTIGUA AND BARBUDA (a) a criminal prosecution, whether in Antigua and Barbuda or elsewhere, including any appeal against a conviction arising from such a prosecution, to which the seizure of the currency is related is pending, or (b) an application for forfeiture of the currency pursuant to section 18B of this Act, including any appeal therefrom, is pending.
Application to Magistrate to forfeit seized currency 18B.

(1) An application for the forfeiture of any currency seized pursuant to section 18A(1) may be made to the Magistrates’ Court upon the application of the Supervisory Authority.

s.18B inserted by s.10 of No.

6 of 2001 s.18B(2) repealed and replaced by s.16 of No.
17 of 2002 (2) (3) The Supervisory Authority shall, in accordance with the manner prescribed in section 28D, give at least fourteen days notice of an application made pursuant to subsection (1) to the person from whom the currency was seized or to any other person that the Supervisory Authority believes may have an interest in the currency.
Any person notiﬁed under subsection (2) and any other person who claims to have an interest in the seized currency are entitled to appear and to give evidence at the hearing of the application, but the absence of a person does not prevent the court from making a forfeiture order.
(4) Upon hearing an application pursuant to subsection (1) and upon being satisﬁed that the seized currency is: (a) the proceeds of some form of unlawful activity; or (b) an instrumentality of an offence (whether or not a person has been convicted of any offence); the Court may, subject to subsection (5) order that all page 35 PART III - ANTI-MONEY LAUNDERING SUPERVISION Section 18B(4) Money Laundering (Prevention) Act 1996 or part of the currency be forfeited to the Government of Antigua and Barbuda.
ANTIGUA AND BARBUDA (5) In considering whether to make an order under subsection (4) in respect of all or part of the seized currency, the court may have regard to — s.18C inserted by s.11 of No.

6 of 2001 (i) (ii) the use ordinarily made, or intended to be made of the currency; and the claim of any third party to an interest in the currency who shows to the satisfaction of the court that they were not involved or aware of any unlawful use or purpose with which the currency may have been associated.
Reportable details and currency (6) Any party to an application for forfeiture under subsection (1) may appeal to the High Court by way of rehearing within 30 days of any order pursuant to subsection (4) being made.

18C.

In sections 18, 18A and 18B: “reportable details” in relation to a matter being reported, means the details of the matter that are required to be reported that are prescribed in the regulations.

“currency” means cash or bearer negotiable ﬁnancial instruments.
PART IV FREEZING AND FORFEITURE OF ASSETS IN RELATION TO MONEY LAUNDERING Freezing of property 19.

(1) Where a person (referred to in this Part as “the defendant”)— page 36 s.19 repealed and replaced by s.12 of No.
6 of 2001 PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19(1) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (a) (b) (c) has been convicted of a money laundering offence; or has been, or is about to be charged with a money laundering offence; or is suspected of having engaged in money laundering activity.

“;or” inserted into para (1)(b); and para 1(c) inserted by s.17(a) of No.
17 of 2002 the Supervisory Authority may apply to the High Court for an order freezing property in which there is a reasonable suspicion that the defendant has an interest.

(1A) An application under this section shall be made ex parte.
(1B) The Supervisory Authority shall, in accordance with the manner prescribed in section 28D, give at least fourteen days notice of the order under subsection (1A) to the owner of the property the subject of the order and to any other person the Supervisory Authority has reason to believe may have an interest in the property.

ss.19(1A) and 19(1B) inserted by s.17(b) of No.
17 of 2002 (2) Subject to subsection (3) an application referred to in subsection (1) may be made against one or more of the following: (a) speciﬁed property of the defendant; (b) (c) all the property of or in the name of the defendant (including property acquired after the making of the order); all the property of or in the name of the defendant (including property acquired after the making of the order) other than speciﬁed property; (d) speciﬁed property of a person other than the defendant.
(3) Where: (a) the money laundering offence of which the defendant has been convicted or page 37 ANTIGUA AND BARBUDA “or money laundering activity in which the defendant is suspected of having been engaged” inserted after “charged” in paras.

19(3)(a) and (b) - amend- ed by s.17(c) of No.
17 of 2002 PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19(3)(a) Money Laundering (Prevention) Act 1996 (b) charged or money laundering activity in which the defendant is suspected of having been engaged falls within the deﬁnition of subparagraph (i) of the deﬁnition of money laundering offence the property in respect of which an application for a freezing order may be made pursuant to subsection (2) may be located in Antigua and Barbuda or anywhere else in the world; the money laundering offence of which the defendant has been convicted or charged or money laundering activity in which the defendant is suspected of having been engaged falls within the deﬁnition of subparagraph (ii) of the deﬁnition of money laundering offence the property in respect of which an application for a freezing order may be made pursuant to subsection (2) may only be located in Antigua and Barbuda.
(4) Where the Supervisory Authority applies to the High Court for an order under this section, the High Court may, subject to subsection 19A, by order: (a) (b) direct that the property, or such part of the property as is speciﬁed in the order, is not to be disposed of, or otherwise dealt with, by any person, except in such manner and in such circumstances (if any) as are speciﬁed in the order; and if the High Court is satisﬁed that the circumstances so require—direct a trustee to take custody and control of the property, or of such part of the property as is speciﬁed in the order.
(5) The High Court may, without limiting the generality of its power under this section to impose such conditions upon a page 38 PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19(5) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA freeze order as it sees ﬁt, make provision for meeting, out of property or a speciﬁed part of the property, all or any of the following: (a) (b) the defendant’s reasonable living expenses (including the reasonable living expenses of the defendant’s dependants (if any) and reasonable business expenses; the defendant’s reasonable expenses in defending a proceeding under this Act or any criminal charge to which this proceeding relates.
In para.

19(5)(b) “any” substituted for “the” on its second occurrence - amended by s.17(d) of No.
17 of 2002 (6) The following restrictions apply to orders making provision for the payment of expenses of the defendant or dependants of the defendant pursuant to subsection (5): (a) (b) (c) (d) no provision is to be made for expenses except to the extent (if any) that the High Court is satisﬁed that the defendant cannot meet the expenses concerned out of the defendant’s unfrozen property; no provision is to be made in relation to any particular interest in frozen property if a reasonable suspicion exists that the interest is unlawfully acquired property; no provision is to be made unless a statement pursuant to subsection 19B(1)(d) has been ﬁled in the High Court; no provision is to be made unless the High Court is satisﬁed that the defendant has taken all reasonable steps to bring all of his or her interests in property within the jurisdiction of the Court; (e) any provision for the payment of expenses must specify the particular interest in property page 39 In s.19(6)(c) de- lete “19B(1)(e)” and substitute “19B(1)(d)” - amended by s.17(e) of No.
17 of 2002 ANTIGUA AND BARBUDA PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19(7) Money Laundering (Prevention) Act 1996 out of which the expenses concerned may be met.

(7) For the purpose of this section a defendant’s unfrozen property is any interest in property of the defendant: (a) (b) that is not subject to a freeze order under this Act; or that the High Court is satisﬁed is not within the Court’s jurisdiction (whether or not it is subject to a freeze order under this Act).
(8) Where a trustee is given direction under subsection 4(b) in relation to property, the trustee may do anything that is reasonably necessary for the purpose of preserving the property including, without limiting the generality of this: (a) becoming a party to a civil proceeding affecting the property; (b) ensuring that the property is insured; (c) if the property consists, wholly or partly, of securities or investments—realising or otherwise dealing with the securities or investments; and (d) if the property consists wholly or partly of a business: (i) (ii) employing, or terminating the employment of, persons in the business; and doing any other thing that is necessary or convenient for carrying on the business on a sound commercial basis.
(e) if the property consists wholly or partly of page 40 PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19(8)(e) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA Subsection19(9) inserted by s.17(f) of No.

17 of 2002 s.19A inserted by s.13 of No.

6 of 2001 ss.19A(1) and (2) repealed and substituted by s.18(a) of No.
17 of 2002 shares the trustee may exercise the rights attaching to the shares as if he or she were the registered holder of the shares to the exclusion of any rights held by the registered holder.

(9) The Supervisory Authority may direct a ﬁnancial institution in writing to freeze property for a period of up to 7 days whilst it makes application pursuant to subsection (1) for a freeze order.

Procedure for dealing with freeze order application 19A.
(1) Where an application is made pursuant to paragraph 19(1)(a), the High Court shall make a freeze order.
(1A) Where an application is made pursuant to paragraph 19(1)(b) the High Court shall not make a freeze order unless— (a) (b) the application for the order is supported by an afﬁdavit of an authorised ofﬁcer stating that he suspects that the defendant committed the offence; and the court is satisﬁed, having regard to the matters contained in the afﬁdavit, that there are reasonable grounds for holding that suspicion.
(1B) Where an application is made pursuant to paragraph 19(1)(c) the High Court shall not make a freeze order unless— (a) (b) the application for the order is supported by an afﬁdavit of an authorised ofﬁcer stating that he suspects that the defendant has engaged in money laundering activity; and the court is satisﬁed, having regard to the matters contained in the afﬁdavit, that there are reasonable grounds for holding that suspicion.
(2) Where a freeze order is made upon the basis that— (a) the defendant has been charged or is about to be charged with a money laundering offence; page 41 ANTIGUA AND BARBUDA PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19A(2) Money Laundering (Prevention) Act 1996 or (b) the defendant is suspected of having engaged in money laundering activity; the freeze order will cease to have effect thirty (30) days after it is made unless by that time the defendant has been charged with money laundering offence, or an application for a civil forfeiture order or civil proceeds assessment order has been ﬁled.
(3) Where the application seeks a freeze order against the speciﬁed property of a person other than the defendant the court shall not make a freeze order against the property unless: (a) the application is supported by an afﬁdavit of an authorised ofﬁcer stating that (i) (ii) the ofﬁcer suspects that the property is an instrumentality; or the ofﬁcer suspects that the defendant has an interest in the property; and In s.19A(3)(a)(i) “instrument of the offence” deleted and replaced with “instrumentality” - amended by s.18(c) of No.
17 of 2002 (b) the court is satisﬁed, having regard to the matters contained in the afﬁdavit, that there are reasonable grounds for holding that suspicion.

(4) (5) The High Court may make a freeze order in respect of property whether or not there is any risk of the property being disposed of, or otherwise dealt with, in such manner as would defeat the operation of this Act.
The Supervisory Authority shall, in accordance with the manner prescribed in section 28D, give at least fourteen days notice of an order made pursuant to subsection 19(4) to the defendant and to any other person the Supervisory Authority has reason to believe may have an interest in the property.

Subsection 19A(5) repealed and substi- tuted by s.18(5) of No.
17 of 2002 page 42 PART IV - FREEZING AND FORFEITURE OF ASSETS ANTIGUA AND BARBUDA High Court to make ancillary orders Section 19B(1) Money Laundering (Prevention) Act 1996 19B.
(1) Where the High Court makes a freeze order, the Court may, at any time when it makes the freeze order or at any later time, make any ancillary orders that the Court considers appropriate and, without limiting the generality of the Court’s power, the Court may make any one or more of the following orders: s.19B inserted by s.14 of No.
6 of 2001 (a) (b) (c) an order varying the property to which the freeze order relates; an order varying a condition to which the freeze order is subject; an order for the examination on oath before the Court of any person, including: (i) (ii) a person whose property is the subject of the freeze order (in this section called the “owner”); or a person who is the defendant within the meaning of section 19 in relation to the offence to which the freeze order relates (in this subsection called the “defendant”); In s.19B(1)(c)(i) “restraining or- der” deleted and replaced with “freeze order” - amended by s.19(a) of No.
17 of 2002 about the affairs (including the nature and location of any property) of: (iii) (iv) anyone who is either the owner or the defendant or both; and if the person to be examined is either the owner or the defendant or both—that person; (d) an order directing (i) the owner; or (ii) (iii) if the owner is not the defendant— the defendant; or if the owner or the defendant is a body corporate—a director of the page 43 PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19B(1)(d) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA body corporate speciﬁed by the court: to give to: (iv) where the freeze order is, or includes, an order made under section 19(4)(b)—the trustee; and (v) in any other case—the applicant for the ancillary order or such other person as the court directs; within a period speciﬁed in the ancillary order, a statement sworn on oath setting out such particulars of the property, or dealings with the property, of the owner or the defendant, as the case may be, and as the court thinks proper; (e) where the freeze order directed a trustee to take custody and control of property: (i) (ii) an order regulating the manner in which the trustee may exercise his or her powers or perform duties under the freeze order; an order determining any question relating to the property to which the freeze order relates, including any question relating to: (a) (b) the liabilities of the owner; or the exercise of the powers, or the performance of the duties, of the trustee with respect to the property to which the restraining order relates; (2) An order under subsection (1) may be made on application page 44 PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19B(2) by: Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA Paras (a) and (b) of s.19B(4) repealed and substituted by s.19(b) of No.
17 of 2002 (a) (b) (c) the Supervisory Authority; the owner; where the freeze order directed a trustee to take custody and control of property — the trustee; or (d) with the leave of the court — any other person.

(3) An ancillary order made in relation to a freeze order does not cease to have effect merely because the freeze order, or part of it, ceases to be in force.
(4) Where: (a) a person (in this subsection called the defendant has been— (i) (ii) (iii) convicted of a money laundering offence or money laundering activity; or charged with a money laundering offence or money laundering activity or is about to be charged with a money laundering offence or money laundering activity; or joined as a defendant in an application pursuant to sections 20A or 20B or is about to be joined as a defendant in such an application; (b) (c) the High Court has made a freeze order against any property under section 19; and a person having an interest in the property applies to the court for a variation of the order to exclude the person’s interest from the order; the High Court shall grant the application if: (d) where the applicant is not the defendant and the freeze order was not made by virtue of section 19A(3) — the High Court is satisﬁed that: page 45 PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19B(4)(d) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (i) (ii) (iii) the applicant was not, in any way, involved directly or indirectly in the commission of the offence or money laundering activity; and the applicant had no knowledge of the commission of the offence or money laundering activity or any illegal use to which instrumentalities the subject of the application may have been put (providing that this lack of knowledge was not the result of wilful blindness); and the applicant’s interest in the property was not acquired by means of a gift from the defendant or any person or entity under the effective control of the defendant; and (iv) where the applicant acquired the interest at the time or after the commission, or alleged commission, of the offence or money laundering activity—the applicant acquired the interest without knowledge, or in circumstances such as not to arouse a reasonable suspicion, that the property was an instrumentality; (e) where the applicant is not the defendant and the freeze order was made by virtue of section 19A(3) — the High Court is satisﬁed
 that: (i) (ii) the applicant was not, in any way, involved in the commission of the offence or money laundering activity; and the applicant’s interest in the property is not subject to the effective control of the defendant; and In s.19B(4)(d)(iv) “of the offence” deleted after “in- strumentality” and “or money laun- dering activity” inserted after “of- fence” wherever it occurs - amended by s.19(c) of No.
17 of 2002 page 46 PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19B(4)(e)(iii) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (iii) (iv) (v) the applicant had no knowledge of the commission of the offence or money laundering activity or to any illegal use to which instrumentalities the subject of the application may have been put (providing that this lack of knowledge was not the result of wilful blindness); and the applicant’s interest in the property was not acquired by means of a gift from the defendant or any person or entity under the effective control of the defendant; and where the applicant acquired the interest at the time or after the commission, or alleged commission, of the offence or money laundering activity — the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was an instrumentality.
(5) Where: (a) a person (in this subsection called the defendant) has been— (i) (ii) convicted of a money laundering offence; or charged with a money laundering offence or is about to be charged with a money laundering offence; or (iii) joined as a defendant in page 47 In s.19B(4)(e)(v) “of the offence” deleted after “in- strumentality” and “or money laun- dering activity” inserted after “of- fence” wherever it occurs - amended by s.19(c) of No.
17 of 2002 ss.19B(5)(a) and (b) repealed and substitued - amended by s.19(d) of No.
17 of 2002 PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19B(5)(a) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA an application pursuant to sections 20A or is about to be joined as a defendant in such an application; (b) (c) (d) the High Court has made a freeze order against any property under section 19; and the defendant has an interest in the property; the defendant applies to the High Court for an order under this subsection in relation to the interest; and (e) the court is satisﬁed that: (i) (ii) the property was not used in, or in connection with, any unlawful activity and was not derived, directly or indirectly, by any person from any unlawful activity; and the property was not related in any way, directly or indirectly, to any unlawful activity including (and without limiting the generality of the foregoing) any money laundering scheme established in Antigua and Barbuda or elsewhere, In s.19B(5)(e) “subject to paragraph (f)” inserted after “may”- amended by s.19(c) of No.
17 of 2002 the High Court may subject to paragraph (f) order that the freeze order, to the extent to which it relates to the interest in property the subject of the application, be discharged.
(f) (i) Where property or an interest in property, subject to an application under this subsection, is also subject to a freeze order for the purpose of securing an application for a civil proceeds assessment order pursuant to section 20B, the High Court may not make an exclusion order in respect of that Para (f) of s.19B(5) inserted by s.19(c) of No.
17 of 2002 page 48 PART IV - FREEZING AND FORFEITURE OF ASSETS Section 19B(5)(f)(i) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA property or interest in property pursuant to this subsection.
It may instead declare that the property or interest in property satisﬁes the requirements of paragraph (e); (ii) When a declaration is made in relation to property or an interest in property pursuant to subparagraph (i): (A) (B) section 20 shall not operate in relation to that property or any interest in that property; no civil forfeiture order may be made in relation to that property or any interest in that property.
(6) The onus of proof in an application made pursuant to subsections (4) or (5) lies upon the person seeking relief under those subsections.

(7) Where a person is examined before the High Court pursuant to an order under paragraph (1)(c), the person is not excused from answering a question when required to do so by the court on the ground that the answer to the question might tend to incriminate the person or make the person liable to forfeiture or a penalty.
(8) Where a person is examined before the High Court pursuant to an order under paragraph (1)(c), a statement or disclosure made by the person in answer to a question put in the course of the examination, and any information, document or thing obtained as a direct or indirect consequence of the statement or disclosure, is not admissible against the person in any criminal proceedings except a proceeding for giving false testimony in the course of the examination.
(9) A person whom an order under subsection (1)(d) directs to give a statement is not excused from giving the statement, or from setting out particulars in the statement, on the ground that the statement or particulars, as the case may be, might tend to incriminate the person or make the person liable to a forfeiture or penalty.
(10) Where a person gives a statement under an order made page 49 PART IVA - AUTOMATIC FORFEITURE Section 19(10) Money Laundering (Prevention) Act 1996 under paragraph (1)(d), neither the statement, nor any information, document or thing obtained as a direct or indirect consequence of the statement is admissible against the person in any criminal proceedings except a proceeding in respect of the falsity of the statement.
PART IVA AUTOMATIC FORFEITURE UPON CONVICTION OF A MONEY LAUNDERING OFFENCE ANTIGUA AND BARBUDA Heading inserted by s.20 of No.

17 of 2002 20.

(1) If: Forfeiture of property proceeds or instrumentali- ties (a) (b) a person (in this section called the “defendant”) is convicted of a money laundering offence; a freeze order is or was granted in respect of property (whether property of the defendant or of some other person) in reliance on: s.20 repealed and substituted by s.15 of No.
6 of 2001 (i) (ii) the defendant’s conviction of that offence; or the charging or proposed charging of the defendant with that offence or a related offence; (c) the freeze order, to the extent to which it relates to the property, is not the subject of a discharging order under section 19B(5); subject to subsection (2) the frozen property is forfeited to the Crown upon the expiry of 90 days after (i) (ii) the making of the freeze order; or the conviction of the defendant, whichever is later.
(2) If, within the period of 90 days referred to in subsection (1), an application has been made for an order under section page 50 PART IVB - CIVIL FORFEITURE Section 20(2) Money Laundering (Prevention) Act 1996 19B(5) in respect of frozen property, the property is forfeited to the Crown — ANTIGUA AND BARBUDA (a) if the application is refused or dismissed, at the end of the period during which the person may appeal against the refusal or dismissal or, if such an appeal is lodged, when the appeal is abandoned or ﬁnally determined without the order having been made; (b) if the application is withdrawn or struck out, on that withdrawal or striking out.
PART IVB CIVIL FORFEITURE Part IVB, ss.20A-20C inserted by s.22 of No.

17 of 2002 Civil forfei- ture orders 20A.

(1) If a freeze order is in force under Part IV, the Supervisory Authority may apply to the High Court for a civil forfeiture order forfeiting to the Crown all or any of the interests in property that are subject to the freeze order when the forfeiture order takes effect.
(2) (3) The High Court shall make a civil forfeiture order if the Court ﬁnds that it is more probable than not that the person (in this section called the “defendant”) in respect of whom the freeze order was made had, at any time, not more than six (6) years before the making of the application for the civil forfeiture order, engaged in money laundering activity.
A ﬁnding of the High Court for the purposes of subsection (2) need not be based on a ﬁnding as to commission of a particular offence, and can be based on a ﬁnding that some offence or other constituting a money laundering activity was committed.

(4) When a civil forfeiture order is made pursuant to this section it must be made in respect of speciﬁed interests in property.
(5) The reference in subsection (2) to a period of six (6) years includes a reference to a period that began before the commencement of this section.

(6) The quashing or setting aside of a conviction for a money page 51 PART IVB - CIVIL FORFEITURE Section 20A(6) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (7) (8) (9) 20B.
(1) Application for civil pro- ceeds assess- ment order (2) (3) (4) laundering offence does not affect the validity of a civil forfeiture order based on the same conduct that was made before or after the conviction was quashed or set aside.

The making of a civil forfeiture order under this section does not prevent the making of a civil proceeds assessment order which assesses the value of the proceeds of the money laundering activity on which the civil forfeiture order is based.
The Supervisory Authority shall, in accordance with the manner prescribed in section 28D, give at least fourteen days notice of an application made under this section to the defendant and to any other person he has reason to believe may have interest in the property subject to the application.
Any person notiﬁed of an application pursuant to this section is entitled to appear and give evidence at the hearing of the application, but the failure or absence of that person to appear and give evidence does not prevent the court from making an order under subsection (2).
The Supervisory Authority may apply to the High Court for a civil proceeds assessment order requiring a person (in this section called the “defendant”) to pay to the Crown an amount assessed by the High Court as the value of the beneﬁt he derived from the money laundering activities that took place not more than six months before the making of the application for the order.
The High Court must make a civil proceeds assessment order if the Court ﬁnds it to be more probable than not that the defendant was, at any time not more than six (6) years before the making of the application for the order, engaged in a money laundering activity from which a beneﬁt was derived.
For the purposes of subsection (2) a ﬁnding by the High Court does not need to be based on the commission of a particular offence; but may be based on a ﬁnding that the defendant had engaged in any money laundering activity.

The reference in subsection (2) to a period of six (6) years includes a reference to a period that began before the commencement of this section.
(5) In making a ﬁnding under this section, the High Court shall page 52 PART IVB - CIVIL FORFEITURE Section 20B(5) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA (6) (7) (8) (9) apply the standard of proof used in civil proceedings.

The validity of a civil proceeds assessment order is not affected by the quashing or setting aside of a conviction based upon the same money laundering activity upon which the civil proceeds assessment order was made.
The making of a civil proceeds assessment order under this section does not prevent the making of a civil forfeiture order based on the same money laundering activity upon which the civil proceeds assessment order was made.
The Supervisory Authority shall, in accordance with the manner prescribed in section 28D, give at least fourteen days notice of an application made pursuant to this section to the defendant and to any other person the Supervisory Authority has reason to believe may have interest in the property.
Any person notiﬁed of an application pursuant to this section is entitled to appear and give evidence at the hearing of the application, but the failure or absence of that person to appear and give evidence does not prevent the court from making an order under subsection (2).

(10) A civil proceeds assessment order is a debt payable by the defendant to the Crown and is recoverable as such.
(11) If an order under this section is made against a dead person, subsection (10) has effect before the ﬁnal distribution of the estate as if the person had died the day after the making of the order.

(12) The amount recovered under a civil proceeds assessment order is to be processed in accordance with section 20D.

(13) The High Court may, at the time it makes a civil proceeds assessment order or at any later time, make any ancillary orders that the Court may consider appropriate.
Matters to be considered in making an order under section 20B 20C.
(1) For the purpose of making a civil proceeds assessment order under section 20B in relation to a person in this section referred to as (“the defendant”), the High Court shall have regard to the following matters— (a) the money, or the value of any interest in property other than money, directly or indirectly page 53 PART IVB - CIVIL FORFEITURE Section 20C(1) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA acquired by— (i) (ii) the defendant; or another person at the request, or by the direction, of the defendant, as a result of the money laundering activity; (b) the value of any service, beneﬁt or advantage provided for— (i) (ii) the defendant; or another person at the request, or by the direction, of the defendant, as a result of the money laundering activity; (c) (d) the value of the defendant’s property before and after the money laundering activity; the defendant’s income and expenditure before and after the money laundering activity.
If evidence is given at the hearing of an application for a civil proceeds assessment order that the value of the defendant’s property after a money laundering activity or money laundering activities exceeded the value of the defendant’s property before the activity or activities, the High Court is to treat the excess as proceeds derived by the defendant from the money laundering activity or activities, except to the extent (if any) that the High Court is satisﬁed the excess was due to causes unrelated to the money laundering activity or activities.
If evidence is given at the hearing of an application for a civil proceeds assessment order of the amount of the defendant’s expenditure during the period of six years before the making of the application for the order, the High Court is to treat any such amount as proceeds derived by the defendant from the money laundering activity or activities, except to the extent (if any) that the High Court is satisﬁed the expenditure was from income, or money from other sources, unrelated to any money laundering activity or activities.
(2) (3) (4) The High Court is not to take expenditure into account under subsection (3) to the extent that the Court is satisﬁed that it page 54 ANTIGUA AND BARBUDA PART IVC - EFFECT AND ENFORCE- MENT OF CONFISCATION Section 20C(4) Money Laundering (Prevention) Act 1996 resulted in the acquisition of property the value of which is taken into account under subsection (2).
(5) In making an assessment as provided by this section the High Court shall make no allowance for the following— (a) (b) expenses or outgoings incurred by the defendant in relation to the money laundering activity or activities; the value of any proceeds derived as agent for or otherwise on behalf of some other person (whether or not any proceeds are received by that other person).
(6) This section applies to, and in relation to— (a) (b) property in which the defendant has an interest, either within or outside Antigua and Barbuda; proceeds acquired either within or outside Antigua and Barbuda in relation to a money laundering activity or activities.

PART IVC EFFECT AND ENFORCEMENT OF CONFISCATION 20D.
(1) Effect and enforcement of conﬁsca- tion If an interest in property is forfeited by operation of section 20 or a civil forfeiture order is made pursuant to section 20A, the interest is forfeited to and vests in the Crown, and the Supervisory Authority may take possession of the property on behalf of the Crown.

Part IVC, ss.20D-20F inserted by s.23 of No.


17 of 2002 (2) (3) An interest forfeited under subsection (1) is to be disposed of by the Supervisory Authority and the proceeds are to be paid to the Fund.
The High Court may, upon the forfeiture of assets under section 20 or when it makes a civil forfeiture order under section 20A, or at any later time, make any ancillary orders that the Court considers appropriate, including ancillary orders for and with respect to facilitating the transfer to the Crown of interests in property forfeited to the Crown.

page 55 PART IVC - EFFECT AND ENFORCE- MENT OF CONFISCATION Section 20E(1) Money Laundering (Prevention) Act 1996 20E.
(1) A person shall not dispose of or otherwise deal with an interest in property that is forfeited pursuant to section 20 or the subject of a civil forfeiture order pursuant to section 20B.

ANTIGUA AND BARBUDA Disposition of prop- erty subject to forfeiture prohibited (2) (3) (4) (5) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a ﬁne not exceeding $100,000 or to a term of imprisonment not exceeding two (2) years or both.
It is a defence to a charge under subsection (1) if the defendant can prove, that he or she had no notice that the interest was forfeited to the Crown and no reason to suspect that it was forfeited.

If an interest in property is disposed of or otherwise dealt with in contravention of this section and the disposition or dealing was either not for sufﬁcient consideration or not in favour of a person at arms length, acting in good faith, the disposition is void.
It is not a contravention of this section if an interest in property is disposed of or dealt with in accordance with an order of the High Court or the written directions of the Supervisory Authority.
Upon the application of the Supervisory Authority, the High Court shall, if it is of the opinion that an interest in property is the subject of the effective control of a person in relation to whom the court has made a civil proceeds assessment order, make an order declaring that the interest is available to satisfy the order to the extent that other property is not readily available for that purpose.
(2) The Supervisory Authority shall, in accordance with the manner prescribed in section 28D, give at least fourteen days notice of an application made pursuant to subsection (1) to the defendant and to any other person that the Supervisory Authority believes may have an interest in the property.

page 56 20F.

(1) Property in ef- fective control of a person subject to civil proceeds as- sessment order Part IVD Head- ing inserted - amended by s.21 of No.
17 of 2002 PART IVD - FORFEITURE FUND Section 20G PART IVD Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA FORFEITURE FUND 20G.

(1) There shall be established a Forfeiture Fund (in this Act referred to as “the Fund”) under the administration and control of the Minister.
(2) (3) All funds and proceeds from sale of property forfeited under section 20 and 20A or penalties paid pursuant to section 20B shall be deposited in the fund after deduction of twenty percentum (20%) management expenses to be paid into the Consolidated Fund.

Subject to subsection (2), the monies deposited into the Fund shall be applied for the purposes of the Ofﬁce of the ONDCP and for any other purpose the Minister may consider proper.
PART IVE PROTECTION OF THIRD PARTIES Rights of bona ﬁde third parties 21.

(1) If property is forfeited to the Crown under section 20 and 20A, a person (other than the defendant) who claims to have had an interest in the property immediately before it was forfeited may, subject to subsections (2) and (4), apply to the High Court for an order under section 22.
(2) (3) (4) The application must, subject to subsection (3), be made before the end of the period of 60 days when the property is forfeited to the Crown.

The High Court may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisﬁed that the delay in making the application is not due to neglect on the part of the applicant.
An application for an order under section 22 in relation to an interest in property must not be made by a person who was given notice of— page 57 s.20A renum- bered as s.20G - amended by s.21 of No.

17 of 2002 ss.20A(2) and (3) repealed and substitued as ss.20G(2) and (3) - amended by s,21 of No.

17 of 2002 Part IVE heading inserted by s.24 of No.

17 of 2002 s.21 repealed and substituted by s.16 of No.

6 of 2001 In s.21 “section 20”deleted and “sections 20 and 20A” substituted - amended by s.25 of No.
17 of 2002 PART IVE - PROTECTION OF THIRD PARTIES Section 21(4) Money Laundering (Prevention) Act 1996 (a) proceedings on the application for the relevant freeze order; or (b) the making of the relevant freeze order— ANTIGUA AND BARBUDA except with the leave of the court.
(5) The High Court may grant a person leave under subsection (4) to make an application if the court is satisﬁed that the person’s failure to seek to have the property excluded from the relevant freeze order was not due to neglect on the part of the applicant.
(6) An applicant must give written notice of the application, and of the grounds on which it is made— (a) (b) to the Supervisory Authority; and to any person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited.

(7) Any person notiﬁed under subsection (6) is entitled to appear and give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under section 22.
Limitations on freezing or forfeiture of property 22.
(1) On an application made under section 21, the High Court may make an order excluding property in which the applicant claims an interest from the operation of section 20 if the court is satisﬁed that — (a) (b) (c) the applicant was not, in any way, involved in the commission of the offence or money laundering activity; and the applicant’s interest in the property is not subject to the effective control of the defendant; and the applicant had no knowledge of the commission of the offence or money laundering activity or of any illegal use to which instrumentalities the subject of the application may have been put (providing that this lack of knowledge was not the result of wilful blindness); page 58 s.22 repealed and substituted by s.17 of No.
6 of 2001 In s.22(1) “or money laundering activity” in- serted after “offence” wherever it occurs- amended by s.26 of No.
17 of 2002 PART V - INTERNATIONAL COOPERATION Section 22(1)(d) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA and (d) (e) the applicant’s interest in the property was not acquired by means of a gift from the defendant or any person or entity under the effective control of the defendant; and where the applicant acquired the interest at the time or after the commission, or alleged commission, of the offence or money laundering activity—the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was an instrumentality of the offence or money laundering activity.
PART V INTERNATIONAL COOPERATION 23.

(1) Assisstance to foreign countries (2) “Competent Authority” is deleted from ss.23(1),(2),(4),(5) and (5a) and “Supervisory Authority...treaty” substituted by s.18 of No.
6 of 2001 The court or the Supervisory Authority in consultation with the central authority for Antigua and Barbuda under any mutual legal assistance treaty shall cooperate with the court or other competent authority of another State, taking the appropriate measures to provide assistance in matters concerning money laundering offences, in accordance with this Act, and within the limits of their respective legal systems.
The court or the Supervisory Authority in consultation with the central authority for Antigua and Barbuda under any mutual legal assistance treaty may receive a request from the court or other competent authority of another State to identify, trace, freeze, seize or forfeit the property proceeds, or instrumentalities connected to money laundering offences, and may take appropriate actions, including those contained in Part IVA or IVB of this Act.
(3) A ﬁnal judicial order of judgment that provides for the forfeiture of property, proceeds or instrumentalities connected to money laundering offences, issued by a court or other competent authority of another State, may page 59 ANTIGUA AND BARBUDA In s.23(2) “sections 19 and 20” deleted and substituted with “Parts IVA or IVB” - amended by s.27 of No.
17 of 2002 PART V - INTERNATIONAL COOPERATION Section 23(3) Money Laundering (Prevention) Act 1996 (4) (5) be recognized as evidence that the property, proceeds or instrumentalities referred to by such order or judgment may be subject to forfeiture in accordance with the law.
The court or the Supervisory Authority in consultation with the central authority for Antigua and Barbuda under any mutual legal assistance treaty may receive and take appropriate measures with respect to a request from a court or other competent authority from another State, for assistance related to a civil, criminal, or administrative investigation prosecution or proceedings, as the case may be, involving money laundering offences, or violations of any provisions of this Act.
Assistance referred to in this section may include providing original or certiﬁed copies of relevant documents and records, including those of ﬁnancial institutions and government agencies, save that no information relating to a client account held by a ﬁnancial institution shall be disclosed unless the client is the subject of a criminal investigation involving the offence of money laundering and the court has, on application by the Supervisory Authority in consultation with the central authority for Antigua and Barbuda under any mutual legal assistance treaty ordered the disclosure of the information.
(5a) The Supervisory Authority in consultation with the central authority for Antigua and Barbuda under any mutual legal assistance treaty shall cooperate with the competent authority of another State in obtaining testimony or facilitating the voluntary presence or availability in the required State of persons, including those in custody, to give testimony locating or identifying persons, service of documents, examining objects and places, executing searches and seizures, providing information and evidentiary items, and provisional measures.
(5b) Information pertaining to any investigation, prosecution or other proceeding relating to the imposition, assessment or collection of taxes of any kind shall only be disclosed to any other competent authority where a mutual assistance treaty on a bilateral or multilateral basis exists between the requesting State and Antigua and Barbuda in accordance page 60 PART VI - MISCELLANEOUS Section 23(6) Money Laundering (Prevention) Act 1996 ANTIGUA AND BARBUDA with the terms of the treaty.
(6) (7) Any provisions referring to secrecy or conﬁdentiality shall not be an impedient to compliance with this section, when the information is requested by or shared with the court.

Assistance referred to in this section shall be provided only to those countries with whom Antigua and Barbuda has entered into mutual assistance treaties or a bilaterial or multilateral basis, and all such assistance shall be subject to the terms of such treaties.

PART VI MISCELLANEOUS 24.

25.


Money laundering is an offence for the purpose of any law relating to extradition or the rendition of fugitive offenders.

Subject to the provisions of the Constitution, the provisions of this Act shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by any law or otherwise.

26.

(1) It shall not be unlawful for any person to make any disclosure in compliance with this Act.
Money laundering an offence for extradition purposes Secrecy obligations overidden Disclosure protected Prosecution of offences 27.

(1) (2) The Supervisory Authority may share any information relating to suspicious transactions reported to it in a suspicious activity report submitted by a ﬁnancial institution, with any governmental agency or regulatory authority in or outside Antigua and Barbuda for the purpose of assisting such agency or authority in conducting criminal investigations or prosecutions.
No prosecution in respect of any offence committed under this Act or the regulations made thereunder shall be instituted except by, or with the consent in writing of the Supervisory Authority or the Director of Public Prosecutions.

(2) All offences under this Act shall be tried summarily without the consent of the accused unless otherwise directed by the Director of Public Prosecution.

page 61 s.26 re- numbered as s.26(1), and s.26(2) inserted -amended by s.7 of No.
20 of 2000 In s.27 “Com- petent Author- ity” is deleted and substituted with “Supervi- sory Authority” by s.19 of No.

6 of 2009 PART VI - MISCELLANEOUS Section 28 Money Laundering (Prevention) Act 1996 Limitation of proceedings 28.

All prosecutions, actions, suits or other proceedings brought for any offence, or for the recovery of any ﬁnes, under this Act or the regulations made thereunder, shall be brought within six years next after the date of the offence committed.
Determination of questions of fact 28A.

Any question of fact to be decided by a court on an application under this Act is to be decided on the balance of probabilities.

Proceedings on application to be treated as civil 28B.

(1) Proceedings on an application under this Act are civil in nature, except as otherwise provided in this Act.

(2) The fact that criminal proceedings may have been instituted or commenced is not a ground on which a court may stay proceedings under this Act.

Award of costs 28C.
Award of costs 28C.

(1) Costs may only be awarded in accordance with this section.
(2) If — (a) a person brings, or appears at, proceedings under this Act before a court in order to have property of the person excluded from (i) a freezing order; or (ii) a detention order; or (iii) a forfeiture order pursuant to section 18B(4) or section 20A; or (iv) the operation of section 20; or (v) a declaration pursuant to section 20F; and ANTIGUA AND BARBUDA In s.28 “penalties or forfeitures” and “or the cause of action accrued” deleted- amended by s.28 of No.

17 of 2002 ss.28A.
17 of 2002 ss.28A.

28B, 28C inserted by s.20 of No.

6 of 2001 In s.28C(2) subpara (a)(iii) “or section 20A” inserted after “18B(4)”; subpara (iv) “or” substitued for “and”; sub- para (v) inserted - amended by s.29 of No.
17 of 2002 (b) (c) the person is successful in those proceedings; and the Court is satisﬁed that the person was not involved in any way in the commission of the offence or money laundering activity in respect of which the freezing, detention, civil proceeds assessment order, civil forfeiture order or forfeiture order was made or in respect of which section 20 operated— the Court may order the applicant for the forfeiture order or freezing order to pay the legal costs incurred by the person in connection with the proceedings or any part of those costs In s.28C(2) sub-para 2(c) deleted and substituted - amended by s.29(c) of No.
17 of 2002 page 62 Procedure for giving notice of certain ap- plications and orders PART VI - MISCELLANEOUS Section 28D Money Laundering (Prevention) Act 1996 that is determined by the Court.

28D.
28D.

Notice to any person— (a) of an application made pursuant to sections 2B, 18B(2), 19(1A), 20(A), 20B(1) or 20F(3); or (b) of an order pursuant to section 19A(5), shall be given by the Supervisory Authority by one or more of the following methods: (a) personal service on him; ANTIGUA AND BARBUDA s.28D inserted by s.30 of No.
17 of 2002 (b) service at the business address of counsel (if any) acting on his behalf; (c) service at his last known address, or place of business within the jurisdiction; (d) in the case of a body corporate by service upon the registered or principal ofﬁce of the body corporate; (e) publication in the Gazette in Antigua and Barbuda; (f) publication in two consecutive issues of a local newspaper circulating in Antigua and Barbuda; (g) without limiting the generality of paragraph (a), by effecting service upon him in a foreign jurisdiction by or through a foreign authority.
Regulations 29.

(1) The Minister may make regulations for the better carrying out of the provisions of this Act and for prescribing anything that needs to be prescribed.

(2) All regulations made under subsection (1) shall be subject to negative resolution.

30.

(1) Subject to subsection (2), the amendments to Part IVA do not apply to a person’s conviction of a money laundering offence if the person was convicted of the offence before the s.30 repealed and substituted by s.21 of No.
6 of 2001 page 63 FIRST SCHEDULE Section 30(2) Money Laundering (Prevention) Act 1996 commencement of this Act; (2) Subject to subsection (1), the amendments to Part IVA apply to an offence committed or suspected to have been committed at any time (whether before or after the commencement of this Act); (3) The amendments to Part III apply from the commencement of this Act.

ANTIGUA AND BARBUDA in s.30 “Part IV” deleted and substi- tuted with “Part IVA” - amended by s.31 of No.
17 of 2002 FIRST SCHEDULE (section 2) ACTIVITIES OF FINANCIAL INSTITUTIONS “Banking business” and “ ﬁnancial business” as deﬁned in the Banking Act and the Financial Institutions (Non-Banking) Act; “International offshore banking business” as deﬁned in the International Business Corporations Act; Venture risk capital; Money transmission services; Issuing and administering means of payments (e.g.
credit cards, travelers’ cheques and bankers’ drafts); Guarantees and commitments; Trading for own account or for account of customers in:— (a) money market instruments (e.g., cheques, bills, certiﬁcates of deposits, commercial paper, etc.

); (b) foreign exchange; (c) ﬁnancial and commodity-based derivative instruments 1.

2.

3.

4.

5.

6.

7. page 64 FIRST SCHEDULE ANTIGUA AND BARBUDA 8.

9.

10.

12.

13.

14.

15.

16.

17.

18.

19.

20.


Money Laundering (Prevention) Act 1996 (e.g., futures, options, interest rate and foreign exchange instruments etc.

); (d) transferable or negotiable instruments; Money broking; Money lending and pawning; Money exchange (e.g., casa de cambio); Real property business; Credit unions; Building societies; Trust business; Insurance business Dealers in precious metal, art or jewelry Casinos Internet gambling Sports betting First Sched- ule amneded by s.22 of No.
6 of 2001 Second Schedule repealed by s.23 of No.

6 of 2001 page 65