This is a Model law incorporating the 40 plus 8 Recommendations of the FATF as at June 2003.

The model is drawn on the basis that it contains the requirements to criminalize money laundering and terrorist financing, provides for transaction and suspicious reporting, for forfeiture and freezing of assets and for formal mutual assistance. Some terms have been defined in bold and placed in brackets to assist with translation. These definitions do not form part of the Law and are to assist in the redrafting process and for translation purposes. LAWS OF (INSERT COUNTRY NAME)

Anti-Money Laundering Law

ARRANGEMENT OF ARTICLES PART I PRELIMINARY Short title and commencement Application Interpretation PART II MONEY LAUNDERING OFFENCES Offence of money laundering Protection of informers and information Restriction on revealing disclosure under Article 5 PART III FINANCIAL INTELLIGENCE Functions of the Anti-Money Laundering Intelligence Unit Provisions relating to the Anti-Money Laundering Intelligence Unit Authorisation to release information Communication to a foreign State Prohibited disclosure Permitted disclosure

1. 2. 3.

4. 5. 6.

7. 8. 9. 10. 11. 12.

13. 14.

PART IV REPORTING OBLIGATIONS Recordkeeping by reporting institutions Report by reporting institutions

This Model Law has been prepared by the Asian Development Bank

15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28.

Centralization of information Identification of account holder Retention of records Opening account in false name Compliance program Secrecy obligations overridden Obligations of supervisory or licensing authority Powers to enforce compliance Currency reporting at border Protection of persons reporting Examination of a reporting institution Examination of person other than a reporting institution Appearance before examiner Destruction of examination records PART V INVESTIGATION Investigation by Anti-Money Laundering Intelligence Unit and enforcement agencies Appointment of investigating officer Powers of an investigating officer Power to examine persons Obstruction to exercise of powers by an investigating officer Tippingoff Referral of Matters after investigation and analysis PART VI FREEZING, SEIZURE AND FORFEITURE Freezing of property Forfeiture of property Property tracking and Monitoring Offences Limitations on freezing and forfeiture of property

29. 30. 31. 32. 33. 34. 35. . 36. 37. 38. 39. 40.

41.

Appeals Part VII MUTUAL ASSISTANCE IN RELATION TO MONEY LAUNDERING Co-operation with a foreign State Power to obtain search warrants Property tracking and monitoring Orders Freezing and forfeiture of property Request accompanied by an evidence order Limitation on compliance with request Requests to other States 2

42. 43 44. 45. 46. 47. 48.

49. 50. 51. 52. 53. 54. 55. 56. 57.

Issuing Evidence Order against foreign resident Evidence pursuant to a request Form of request Contents of request Request for forfeiture Request not invalidated Offences Asset Sharing Advocates and lawyers to disclose information Part VIII Additional Powers of the Public Prosecutor Investigation powers in relation to a financial institution Public prosecutors powers to obtain information Prohibition of dealing with property outside (insert country name) PART IX MISCELLANEOUS Validity of freeze or forfeiture Absconded person Forfeiture order where person has absconded Effect of death on proceedings Service of documents on absconder Agent provocateur Standard of proof Admissibility of documentary evidence Admissibility of statements by accused persons Admissibility of statements and documents of persons who are dead or cannot be traced, etc. Admissibility of translation of documents Evidence of corresponding law or foreign law Proof of conviction and acquittal Indemnity Service of notices Preservation of secrecy Jurisdiction Power to issue guidelines, etc. Regulations Amendment of Schedules General offence Offence committed by any person acting in an official capacity Offence by an individual Falsification, concealment and destruction of document, etc. Joinder of offences Prosecution

58. 59. 60.

61. 62. 63.. 64 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86.

First Article 3, definition of serious offence . Schedule 3

Second Article 14, Details to be included in Suspicious Transaction Reports. Schedule

PART I Article I Objective [the purpose of the Law]

The objective of this Law is to create the offense of money laundering including the financing of terrorism, to specify measures and activities designed to prevent money laundering and the financing of terrorism, along with the establishment an official body responsible for the monitoring and implementation of necessary measures and other activities to prevent money laundering and the financing of terrorism activities and to provide for international cooperation and for the forfeiture of illicitly [illicit = illegal] obtained benefits [benefits = any property, money or asset or thing, an advantage] as described in this Law.

ARTICLE 2 Application (1) This Law shall apply to any serious offence, foreign serious offence or unlawful activity whether committed before or after the commencement date. (2) This Law shall apply to any property, whether it is situated in or outside (insert country name). (3) Nothing in this Law shall impose any duty or confer [confer = give] any power on any court in or in connection with any proceedings under this Law against a person for a serious offence in respect of which he has been convicted by a court before the commencement date. Article 3. Interpretation (1) To serve the objectives of this Law, unless the context otherwise requires

acts of terrorism means any act whatsoever leading towards or preliminary to any terrorist act or attempted or contemplated terrorist act carried out or to be carried out within or outside (insert country name); [a contemplated terrorist act is an act that is being planned]

the Anti-Money Laundering Intelligence Unit means the entity appointed under Article7(1); associate, in relation to a person, means (a) (b) (c) (d) any person who is a nominee or an officer of that person; any person who manages the affairs of that person; any partnership of which such person, or any nominee of his, is a partner or a person in charge or in control of its business or affairs; any juridical entity, corporation of which such person, or any nominee of his, is a director or is in charge or in control of its business or affairs, or in which such person, alone or together with any nominee of his, has or have a controlling interest, or shares to the total value of not less than thirty percent of the total issued capital of that juridical entity or corporation; or the trustee of any trust, where [a trust is like a company, but not registered. The controlling person is called a "trustee" and the owners are called "beneficiaries". It is like a foundation in civil law.] (i) (ii) the trust has been created by that person; or the total value of the assets contributed by that person to the trust at any time, whether before or after the creation of the trust, amounts, at any time, to not less than twenty per centum of the total value of the assets of the trust;

(e)

the Bank of (insert country name) means the Bank of (insert country name) established by the Bank of (insert country name) Law [This is a reference to the law establishing the Central or Reserve Bank}; client includes a customer; competent authority means the Minister of Justice; compliance officer means the compliance officers designated under Article 19(5);

constituent document in relation to an institution, means the statute, charter, memorandum of association and articles of association, rules and bylaws, partnership agreement, joint venture agreement, registration document, verification document or other instrument, under or by which the institution or juridical entity is established and its governing and administrative structure and the scope of its functions and business are set out, whether contained in one or more documents; [This is a founding document that establishes the relationship between the parties. It is the "constitution" governing their relationship], controller, in relation to an institution, means 6

(a) (b)

the chief executive officer of the institution, juridical entity or of a juridical entity or body corporate of which the institution is a subsidiary; a person, either alone or with any associate (i) (ii) (iii) has interest in one third or more of its voting shares; has the power to appoint, or cause to be appointed, a majority of its directors; or has the power to make a decision, or cause a decision to be made, in respect of its business or administration;

corresponding authority, in relation to a foreign State, means the authority of that foreign State responsible for receiving information that corresponds to any thing required to be disclosed to the Anti-Money Laundering Intelligence Unit under Article14; [means a body like the Anti-Money Laundering Intelligence Unit] court means the Supreme Court of (insert country name);[This is intended to be a superior court, but one from which appeals can be brought] criminal proceedings means a trial of a person for a serious offence or foreign serious offence, as the case may be, and includes any proceedings to determine whether a particular person should be tried for the offence; dealing, in relation to any property, includes (a) (b) receiving or acquiring the property; concealing or disguising the property (whether by concealing, or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it or otherwise); disposing of or converting the property; [converting = selling it for money or other things of value] bringing the property into or removing the property from (insert country name); using the property to borrow money, or as security (whether by way of charge, mortgage or pledge or otherwise); or where a debt is owed to the person holding the property, making a payment to any person in reduction of the amount of the debt.

(c) (d) (e) (f)

enforcement agency includes a body or agency that is for the time being responsible in (insert country name) for the enforcement of laws relating to the prevention, detection and investigation of any serious offence; financial institution means 7

any person or entity who conducts as a business one or more of the following activities or operations for or on behalf of a customer or is an auditor of any such business and includes all such businesses whether they may be solvent, insovent or have filed for bankruptcy: (a) banking as defined in the [Banking Act or other comparable law governing banks in the country] including acceptance of deposits and other repayable funds from the public; lending, including consumer credit, mortgage credit, factoring (with or without recourse) and financing of commercial transactions; financial leasing; money transmission services; issuing and managing means of payment (such as credit cards, travellers cheques and bankers drafts); issuing financial guarantees and commitments; trading for its own account or for account of customers in money market instruments (such as cheques, bills, certificates of deposit), foreign exchange, financial futures and options, exchange and interest rate and index instruments, commodity futures trading and transferable securities; participating in securities issues and the provision of financial services related to such issues; money-broking; individual and collective portfolio management; investing, administering or managing funds or money on behalf of other persons Safekeeping and administration of cash or liquid securities on behalf of other persons ; safe custody services; insurance, insurance intermediation, a securities dealing or a futures broking; [intermediation = acting as a broker] trustee administration or investment management of a superannuation or pension scheme; casinos, gambling house or lottery, including a person who carries on such a business through the internet, when their customers engage in financial transactions equal to or above the prescribed threshold; 8

(b) (c) (d) (e) (f) (g)

(h) (i) (j) (k) (l) (m) (n) (o) (p)

(q) (r)

Real estate agents, when they are involved in transactions for their client relating to the buying and selling of real estate; Dealers in precious metals, dealers in precious stones and dealers inn antiques, when they engage in any cash transaction with a customer equal to or above the prescribed threshold; Lawyers, notaries, other independent legal professionals and accountants when they prepare for or carry out transactions for their client relating to the following activities: (i) (ii) (iii) (iv) (v) buying and selling of real estate; managing of client money, securities or other assets; management of bank, savings or securities accounts; organization of contributions for the creation, operation or management of companies; creation, operation or management of legal persons or arrangements, and buying and selling of business entities;

(s)

(t)

a trust or company service provider not otherwise covered by this definition, which as a business, provide any of the following services to third parties: (i) (ii) (iii) (iv) (v) formation or management of legal persons; acting as (or arranging for another person to act as) a director or secretary of a company, a partner of a partnership, or a similar position in relation to other legal persons; providing a registered office; business address or accommodation, correspondence or administrative address for a company, a partnership or any other legal person or arrangement; acting as (or arranging for another person to act as) a trustee of an express trust; acting as (or arranging for another person to act as) a nominee shareholder for another person;

and such other persons as are designated by regulation or decree made under this law. foreign serious offence means an offence (a) (b) against the law of a foreign State stated in a certificate purporting to be issued by or on behalf of the government of that foreign State; and that consists of or includes an act or activity which, if it had occurred in (insert country name), would have constituted a serious offence;

foreign State means any country or territory outside (insert country name); material includes any book, document or other record in any form and any container or article relating to it; money laundering means the act of a person who 9

(a)

engages, directly or indirectly, in a transaction that involves proceeds of any unlawful activity or is for the purpose of the financing of acts of terrorism; acquires, receives, possesses, disguises, transfers, converts, exchanges, carries, disposes, uses, removes from or brings into (insert country name) proceeds of any unlawful activity or any assets for the financing of acts of terrorism; or conceals, disguises or impedes the establishment of the true nature, origin, location, movement, disposition, title of, rights with respect to, or ownership of, proceeds of any unlawful activity or and assets to be used for the financing of acts of terrorism;

(b)

(c)

where (aa) as may be inferred from objective factual circumstance, the person knows or has reason to believe, that the property is proceeds from any unlawful activity or are assets that may be used for the financing of acts of terrorism; or [This means that a court may infer or imply from the conduct and facts that a person knew that the property he has or has been dealing with was from a crime or was to be used for terrorisme.g., a ton of explosives in the back of a truck with no right to have the explosives for business]. in respect of the conduct of a natural person, the person without reasonable excuse fails to take reasonable steps to ascertain whether or not the property is proceeds from any unlawful activity or are assets that may be used for the financing of acts of terrorism; [e.g., where a person is given a bag full of money and asks no questions where it came from, or a person gives him a ton of explosives to "look after]"

(bb)

person includes, where not otherwise expressly provided for, a natural person, a juridical entity and any institution or body of persons. politically exposed persons means individuals who are or have been entrusted with prominent public functions in a foreign State, for example Heads of State or of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations and important political party officials. [ Note in particular that this definition refers only to foreign people and does not apply to politically involved people in the country] prescribed means prescribed by regulations or a Decree made under this Law, and a power to prescribe includes the power to make different provisions in the regulations for different persons or classes of persons; [prescribed = as set out, as referred to] premises includes (a) a structure (whether or not movable or offshore), building, tent, vehicle, vessel, hovercraft or aircraft; 10

(b) (c)

a place (whether or not enclosed or built upon); and part of any premises (including premises of a kind referred to in paragraph (a) or (b));

proceeds of an unlawful activity means any property derived or obtained, directly or indirectly, by any person as a result of any unlawful activity; process means any summons, warrant, order or other document in respect of a criminal matter that is issued (a) (b) out of any court; or out of any court of a foreign State;

or by any judge, magistrate or officer of such a court, as the case may be; [This refers to the "legal process] property means movable or immovable property of every description, whether situated in or outside (insert country name) and whether tangible or intangible and includes an interest in any such movable or immovable property; [This basically means any thing that may have any value of any kind. It may be a house, a caror the right to take water from a well or river, or fruit from a tree anything that may be "owned".] relative, in relation to a person, means (a) (b) (c) (d) a spouse of that person; a brother or sister of that person; a brother or sister of the spouse of that person; or any lineal ascendant or descendant of that person;

reporting institution means any financial institution, including branches and subsidiaries outside (insert country name) of that financial institution where the primary place of business is inside (insert country name) and such other persons as may be designated by regulations; serious offence means (a) (b) (c) any of the offences specified in the First Schedule; an attempt to commit any of those offences; or the abetment by the author, inceptor or accomplice,in respect of the commission any of those offences; [abetment = aiding, taking part in]

11

specify means specify in writing, and a power to specify includes the power to specify differently for different persons or different classes of persons and to amend any specification; transaction includes an arrangement to open an account involving two or more persons and any related transaction between any of the persons concerned and another; and unlawful activity means any activity which is related, directly or indirectly, to any serious offence or any foreign serious offence.

12

(2)

For the purposes of this Law

(a)

a reference to a foreign State includes a reference to (i) (ii) a territory of that foreign State; and a ship or aircraft of, or registered in, that foreign State; and

(b)

a reference to the law of a foreign State includes a reference to the law in force in any part of that foreign State.

[Many of the definitions use the word "includes". This means that the word will have its ordinary meaning, but just in case there is any doubt, it will include the meaning that follows.]

PART II MONEY LAUNDERING OFFENCES OBJECT OF THIS PART The object of this Part is to provide for the creation of the offenses of money laundering, including the financing of terrorism. [This is the making of the offence of money laundering, which includes the financing of terrorism. It is drawn like this so that a person can see that it covers terrorism.]

Article 4 Offence of Money Laundering (1) Any person who

13

(a) (b)

engages in, or attempts to engage in; or is the author, perpetrator, inceptor or accomplice, as defined by Article 16 of the Penal Law, in respect of the commission of, money laundering, commits an offence and shall on conviction be liable to a fine not exceeding XXXX (insert currency of the country and penalty amount) or to imprisonment for a term not exceeding five years or to both.

(2) A person may be convicted of an offence under this Article irrespective of whether there is a conviction in respect of a serious offence or foreign serious offence or that a prosecution has been initiated for the commission of a serious offence or foreign serious offence. [Subsection (2) means that although a person may not have been convicted of a serious or other offence, they can still be convicted for money laundering.]

Article 5 PROTECTION OF INFORMERS AND INFORMATION

(1) Where a person discloses to an enforcement agency his knowledge or belief that any property is derived from or used in connection with money laundering or any matter on which such knowledge or belief is based (a) if he does any act in contravention of Article 4(1) and the disclosure relates to the arrangement concerned, he does not commit an offence under that if the disclosure is made (i) before he does the act concerned, being an act done with the consent of the enforcement agency; or after he does the act, but the disclosure is made on his initiative and as soon as it is reasonable for him to make it;

(ii)

(b)

notwithstanding any other written law, the disclosure shall not be treated as a breach of any restriction on the disclosure of information imposed by any law, contract or rules of professional conduct; and he shall not be liable for damages for any loss arising out of 14

(c)

(i) (ii)

the disclosure; or

any act done or omitted to be done in relation to the property in consequence of the disclosure. [This section protects a person where he acts as an agent of law enforcement authorities (see also Article 66) or where he breaks the money laundering law, confesses and has a reasonable excusee.g., such as he suddenly realized it was money laundering, but he must go to the authorities.] (2) Where any information relating to an offence under this Law is received by an officer of the Anti-Money Laundering Intelligence Unit or reporting institution, the information and the identity of the person giving the information shall be secret between the officer and that person and everything contained in such information, the identity of that person and all other circumstances relating to the information, including the place where it was given, shall not be disclosed except for the purposes of Article 8(1) or Article 14. [The name of people giving information shall not be disclosed.]

Article 6 Restrictions on revealing disclosure under Article 5

(1)

No person shall, subject to Article 6 (2) (a) (b) (c) reveal that a disclosure was made under Article 5; reveal the identity of any person as the person making the disclosure; or

answer any question if the answer would lead, or would tend to lead, to the revealing of any fact or matter referred to in paragraph (a) or (b). [No person may say that there has been a disclosure or who has made the disclosure unless Article 6(2) applies.]

(2)

Article 6 (1) shall not apply to a witness in any civil or criminal proceedings (a) for an offence under Article 4(1) or sub-article (3) of this Article; or

15

(b)

where the court is of the opinion that justice cannot fully be done between the parties without revealing the disclosure or the identity of any person as the person making the disclosure. [If the case needs the name of the person for justice to be done, then it can be disclosed, but 6(3) means that the name cannot be used anywhere else or told to any person.]

(3) No person shall publish in writing or broadcast any information, including a report of any civil or criminal proceedings but excluding information published for statistical purposes by the Anti-Money Laundering Intelligence Unit or the Government, so as to reveal or suggest (a) (b) that a disclosure was made under Article 5; or the identity of any person as the person making the disclosure.

(4) Article 6 (3) shall not apply in respect of proceedings against the person making the disclosure for an offence under Article 4(1) or Article 6 (1).

(5) If information is published or broadcast in contravention of paragraph (3), each of the following persons, namely (a) in the case of publication as part of a newspaper or periodical publication, any proprietor, editor, publisher and distributor of the newspaper or periodical publication; in the case of a publication otherwise than as part of a newspaper or periodical publication, any person who publishes it and any person who distributes it; in the case of a broadcast, any person who broadcasts the information and, if the information is contained in a program, any person who transmits or provides the program and any person having functions in relation to the program corresponding to those of the editor of a newspaper or periodical publication,

(b)

(c)

commits an offence and shall on conviction be liable to a fine not exceeding XXXX (insert currency of the country) or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding XXXX (insert currency of the country and the amount of the fine) for each day during which the offence continues after conviction. 16

(6) In this Article, broadcast includes any broadcast by radio, film, videotape, television or electronic media.

PART III FINANCIAL INTELLIGENCE ARTICLE 7 Establishment of the Anti-Money Laundering Intelligence Unit (1) (2) The Bank of (insert country name) shall establish an Anti-Money Laundering Intelligence Unit that has a director and deputy director equivalent to the director or deputy director of the department. They are to execute their roles and responsibilities through collecting information, analyses, and providing information to the individual or juridical entity that is responsible for measuring the implementation, discovery and prevention of money laundering activities. [This sub-article establishes the Anti-money Laundering Intelligence Unit. Please note that it uses a model where the FIU is placed within the Central Bank of the Country] (3) The Government shall be responsible for the appointment and dismissal of the director of the Anti-Money Laundering Intelligence Unit from the role and responsibilities based upon the request of the Governor of the Bank of (insert country name). For the Deputy Director position, the Governor of the Bank of (insert country name) is responsible for appointments and dismissals. (4) The term of appointment in the Anti-Money Laundering Intelligence Unit is 4 years from the date of appointment. After the term is complete the position may be resumed again, no more than 2 terms total, based upon the request of the Governor of the Bank of (insert country name). (5) The Anti-Money Laundering Intelligence Unit shall coordinate and cooperate with the Economic Police of the Ministry of Interior, prosecutors in the Ministry of Justice, Customs Department of the Ministry of Finance and other concerned organizations of the Government and international organizations that are directly involved in anti-money laundering activities. [This sub-article gives power to give information to police, prosecution and like authorities overseas.]

17

Article 8. PROVISIONS RELATING TO THE ANTI-MONEY LAUNDERING INTELLIGENCE UNIT

(1) For the avoidance of doubt, it is declared that the Anti-Money Laundering Intelligence Unit may exercise its powers under this Article in respect of reporting institutions, and shall ["avoidance of doubt" = to make it clear the AMLIU has the following powers to exercise]. (a) Receive, investigate and analyze information and reports from any person, including reports issued by reporting institutions under Article 14;

(b) send any report received under paragraph (a) or any information coming from any such report to an enforcement agency or, where relevant to a corresponding authority, subject to the provisions of Article 10, if it is satisfied or has reason to believe or suspect that a transaction involves proceeds of an unlawful activity or a serious offence is being, has been or is about to be committed; and [It may refer information to police, etc. if it thinks there is money laundering.] (c) send any information derived from an examination carried out under Part IV to an enforcement agency or where relevant, to a corresponding authority , subject to the provisions of Article 10, if it has reason to suspect that a transaction involves proceeds of an unlawful activity or a serious offence is being, has been or is about to be committed. (d) expeditiously investigate and analyse any report received from a corresponding authority, as if it were received from a reporting institution. [ shall quickly investigate all matters referred to it from overseas and report back.] (e) warn reporting institutions of any possible threats by fraud and shall do so by the issue of typologies or methodologies as and when required. [It shall be able to give warning to institutions in the country of possible action by criminals where a fraud may be detected. This can involve a foreign agency giving a warning that a suspected criminal is about to enter the country to carry out a fraud on the people or an institutiona bank. This power goes beyond those suggested in the FATF Recommendations, however many countries are adopting such a policy to assist in the protection of the economy]

(3)

The Anti-Money Laundering Intelligence Unit may 18

(a) (b)

compile statistics and records;

give instructions to a reporting institution in relation to any report or information received under Article 14, whether or not the reporting institution made the report; [This sub-clause is used to request information for investigation.] (c) make recommendations to the relevant supervisory authority, enforcement agency and reporting institutions arising out of any report or information received under Article 8 (2); and [This sub-clause may be used to advise a regulatory authority that an entity-person has broken the law or not complied with this law or that the procedures are not working.] (d) create training requirements and provide training for any reporting institutions in respect of their transactions and reporting and record keeping obligations under Part IV.

Article 9. Authorisation to release information (1) The Anti-Money Laundering Intelligence Unit may, in writing, authorize any enforcement agency or its designated officers to have access to such information as the Anti-Money Laundering Intelligence Unit may specify for the purposes of performing the enforcement agencys functions. (2) The Anti-Money Laundering Intelligence Unit may, in writing, authorize the Minister of Justice or his designated officer to have access to such information as the Anti-Money Laundering Intelligence Unit may specify for the purpose of dealing with a foreign States request in relation to mutual assistance in criminal matters.

19

[Article 10 deals with the sharing of information, the international cooperation part of the law.] Article 10. Communication to a foreign State (1) Notwithstanding any other written law or rule of law, the Anti-Money Laundering Intelligence Unit may communicate any thing disclosed to it under Article 14 to a corresponding authority of a foreign State if (a) there exists an arrangement or understanding between (insert country name) and a foreign State under which the corresponding authority of the foreign State has agreed to communicate to (insert country name), upon (insert country name)s request, information received by the corresponding authority that corresponds to any thing required to be disclosed to the Anti-Money Laundering Intelligence Unit under Article 14; and [That is, if there is an arrangement between countries.] the Anti-Money Laundering Intelligence Unit is satisfied that the corresponding authority has given appropriate undertakings (i) for protecting the confidentiality of any thing communicated to it; and (ii)

(b)

(iii)

for controlling the use that will be made of it, including an undertaking that it will not be used as evidence in any proceedings. [These conditions are generally contained in the arrangements referred to in (a).] (c) Notwithstanding that there may not be an agreement or understanding between (insert country name) and a foreign State the Anti-Money Laundering Intelligence Unit may, after consultation with the Minister of Finance communicate with a corresponding authority, or where no such authority exists, an appropriate law enforcement authority, anything disclosed to it under Article 14 in the event that such communications may assist in the prevent economic damage being caused to such foreign State.

[(c) gives the right to the Minister to authorize giving information where there is no agreement or arrangement. It could be expanded to include not just economic damagebut also "injury to people"for example by the financing of terrorism.]

20

(2) In this Article, corresponding authority, in relation to a foreign State, means the authority of that foreign State responsible for receiving information that corresponds to any thing required to be disclosed to the Anti-Money Laundering Intelligence Unit under Article 14. Article 11. Prohibited disclosure

Subject to Article 12, no person who has obtained information from a Anti-Money Laundering Intelligence Unit under Part IV shall (a) while he is authorized under Article 9, disclose or communicate the information except to another officer authorized under that Article, for the purposes of, or in connection with, the performance of his duties; and [This is an important clause towards international cooperation.] (b) when he is no longer authorized under Article 9, make a record of the information, or disclose or communicate the information in any circumstances.

[Article 12 sets out a number of instances where disclosure of information may be made.] Article 12. Permitted disclosure (1) Nothing in Article 11 shall prevent the communication of the Anti-Money Laundering Intelligence Units information under this Part with respect to a prosecution or legal proceedings in connection with the commission of a serious offence, a foreign serious offence or an offence under Article 4(1).

(2) Nothing in Article 11 shall prevent the communication of the Anti-Money Laundering Intelligence Units information under this Part in respect of the affairs of a person by the person authorized under Article 9 to (a) (b) if the person is not a juridical entity, that person; if the person is a juridical entity 21

(i)

any person who is, or has been, a director or an officer of the company; or any person who is, or has been directly involved in, or responsible for, the preparation of information furnished on behalf of the juridical entity; or

(ii)

(c)

the person who furnished the information to the Anti-Money Laundering Intelligence Unit.

(3) No person to whom the Anti-Money Laundering Intelligence Unit or person authorized under Article 9 communicates any information under this Part and the information does not relate to the affairs of the person shall make a record of the information or disclose, or communicate the information to any person in any circumstances. [That is, a person who receives information from the AMLIU may not pass it on.] (4) Any person who contravenes paragraph (3) commits an offence and shall on conviction be liable to a fine not exceeding xxxx (insert currency of the country and the amount of the fine) or to imprisonment for a term not exceeding one year or to both.

(5) Except where it is necessary to do so for the purposes of carrying into effect the provisions of this Law, a person who obtains information from the Anti-Money Laundering Intelligence Unit under this Part shall not be required to produce in court any document containing any of the information or to disclose or communicate to any court such information. [A court cannot compel a disclosureunless it is for the purpose of this law.] [This Part relates to the obligations of the financial or reporting institutions. The definition of "reporting institution" in Article 3 is wider than that of "financial institution" as it refers to branches outside the country and other persons as may be included in regulations.] PART IV REPORTING OBLIGATION S Article13. Recordkeeping by reporting institutions 22

(1) A reporting institution shall keep a record of any transaction involving the domestic currency or any foreign currency exceeding such amount as the Anti-Money Laundering Intelligence Unit may from time to time specify, which amounts shall be, until otherwise specified, (a). (b) For customers of reporting institutions other than those specifically referred to, USD 15,000 or equivalent in other currencies,

For casinos, including internet casinos, USD 3,000 or equivalent in other currencies, (c) For dealers in precious metals and dealers in precious gems when engaged in any cash transaction, USD 15,000 or equivalent in other currencies. [NB POLICY ISSUES] [The amount can be changed by regulation. The amounts here are those contained in the FATF recommendations of June 2003.] (2) The record referred to in Article 13(1) shall be in such form as the Anti-Money Laundering Intelligence Unit may specify. [The source of the record will have to be the subject of a regulation.]

(3) The record referred to in Article 13 (1) shall include the following information for each transaction: (a) the identity and address of the person in whose name the transaction is conducted; the identity and address of the beneficiary or the person on whose behalf the transaction is conducted, where applicable; the identity of the accounts affected by the transaction, if any;

(b)

(c)

(d

the type of transaction involved, such as deposit, withdrawal, exchange of currency, cheque cashing, purchase of cashiers cheques or money orders or other payment or transfer by, through, or to such reporting institution; the identity of the reporting institution where the transaction occurred; and the date, time and amount of the transaction,

(e) (f)

23

and shall also include such other information as the Anti-Money Laundering Intelligence Unit may specify in writing.

(4) For the purposes of this Part, multiple cash transactions in the domestic or foreign currency which, in aggregate, exceeds the amount specified by the Anti-Money Laundering Intelligence Unit pursuant to paragraph (1) shall be treated as a single transaction if they are undertaken by or on behalf of any one person during any one day or such other period as the Anti-Money Laundering Intelligence Unit may specify. [This means that a person cannot avoid the report by breaking the money up into separate but smaller amounts in one dayall amounts for one person are to be added together.] Article 14. Report by reporting institutions.

(1) A reporting institution shall within one business day or earlier, report to the AntiMoney Laundering Intelligence Unit any transaction (a) (b) exceeding the amount specified Intelligence Unit under Article13 (1) ; by the Anti-Money Laundering

where the identity of the persons involved in a transaction or the transaction itself or any other circumstances concerning any transaction gives any officer or employee of the reporting institution reason to suspect that the transaction involves proceeds of an unlawful activity or money laundering; or [That is if it is a suspicious transaction that may involve money laundering. What is or is not suspicious is not specified. The regulations could give examples, but one does not wish to limit what may be reported. If it does not look right or proper, it should be reported. If it is a transaction that appears to have no purpose, it should be reported. Regulations can be provided to cover this in due course. ] where the identity of the persons involved in a transaction or the transaction itself or any other circumstances concerning any transaction gives any officer or employee of the reporting institution reason to suspect that the transaction involves proceeds of an unlawful activity or money laundering, or where the reporting institution has received a direction or request from the Anti-Money Laundering Intelligence Unit for a transaction or series of transactions to be reported.

(c)

(d)

[If a person is a known "suspect" or listed or the transaction is of a particular type, it is to be reported.] 24

(2) Any report lodged in accordance with this Article shall be in a form specified by the Anti-money Laundering Intelligence Unit and shall contain the information set out in Schedule 2 to this Law. [Schedule 2 has a list. The Regulations will specify the form.] (3) To avoid any doubt, an auditor of a reporting institution who, during the course of an audit finds a transaction that he suspects to involve the proceeds of an unlawful activity or may involve money laundering by either a customer of a reporting institution or by the reporting institution or finds a breach of the provisions of this Law, such auditor shall immediately lodge a report with the Anti-Money Laundering Intelligence Unit. [ An auditor who finds something suspicious must report it.] (4) An offence is committed by a reporting institution or its employees, staff, directors, owners or other authorized representatives who, acting as such, wilfully fail to comply with the obligations in Article 14, or who wilfully make a false or falsified report to the Anti-Money Laundering Intelligence Unit. [If employees, etc. on purpose breach this Article, it is one offence.] (5) Without prejudice to criminal and/or civil liabilities for offences connected to money laundering, a person guilty of an offence under the provisions of paragraph(1) shall on conviction be liable to a fine not exceeding xxxx (insert currency of the country and the amount of the fine) and in addition the licence of such financial institution to operate as such may be revoked or suspended by the issuing authority. [NB TO cross reference ART. 86 FOR PENALTY] Article 15 Centralization of information 15. A reporting institution shall, where possible provide for the centralization of the information collected pursuant to this Part. [This article is intended to refer to the transfer of information to the AMLIU by a data-computer processwhen this is possible, affordable and a proper way of doing it.]

Article 16. Identification of account holder

(1)

A reporting institution 25

(a) (b)

shall maintain accounts in the name of the account holder; and shall not open, operate or maintain any anonymous account or any account which is in a fictitious, false or incorrect name and shall report as suspicious any attempt by a person to open such an account; and

(c) shall identify whether an account holder is a politically exposed person. [That is the identity of every person shall be known and there will be no anonymous accounts or accounts in a false name.]

(2)

A reporting institution shall (a) verify, by reliable means, the identity, representative capacity, domicile, legal capacity, occupation or business purpose of any person, as well as other identifying information on that person, whether he be an occasional or usual client, through the use of documents such as identity card, passport, birth certificate, drivers licence and constituent document, or any other official or private document, when establishing or conducting business relations, particularly when opening new accounts or passbooks, entering into any fiduciary transaction, renting of a safe deposit box, or performing any cash transaction exceeding such amount as the Anti-Money Laundering Intelligence Unit may specify; and

(b) include such details in a record. [A person shall be identified using official documents when establishing new accounts, undertaking transactions involving money, using a safety deposit box or in all transactions where the AMLIU says in the Regulations.] (3)

26

(4) A reporting institution shall take reasonable measures to obtain and record information about the true identity of the person on whose behalf an account is opened or a transaction is conducted if there are any doubts that any person is not acting on his own behalf, particularly in the case of a person or juridical entity who is not conducting any commercial, financial, or industrial operations in the foreign State where it has its headquarters or domicile. [The true identity of an account holder shall be found out and when the account is opened "on behalf of" or for another personthe true identify of that other person as well.] (5) A reporting institution is excused from undertaking the verification referred to in Article 16 (2) in the event that it is likely that a person who is suspected of money laundering is likely to be tipped off about the possibility of the lodgment of a report under Article 14 (1). In such an event the reporting institution is to immediately lodge a report under Article 14(1) setting out all the circumstances and all details known and to keep the Anti-Money Laundering Intelligence Unit informed of the details of all transactions requested by such a person at the time of the request or shortly thereafter. [Where a suspected criminal is likely to be able to tell that he may be in trouble because he is being asked identity questions the institution may not need to ask the questions, but will advise immediately the AMLIUwho can give directions. This is to help catch criminals]. (5) For purposes of this Article, person shall include any person who is a nominee, agent, beneficiary or principal in relation to a transaction.

Article 17. Retention of records (1) Notwithstanding any provision of any written law pertaining to the retention of documents, a reporting institution shall maintain any record under this Part for a period of not less than five years from the date an account has been closed or the transaction has been completed or terminated. [Even though another law may say records can be disposed ofthey cannot be until after five years. This is the minimum requirement.] (2) A reporting institution shall also maintain records to enable the reconstruction of any transaction in excess of such amount as the Anti-Money Laundering Intelligence Unit may specify, for a period of not less than five years from the date the transaction has been completed or terminated. [The records kept must allow for the reconstruction-tracing-of all transactions.]

27

(3) Any reporting institution which contravenes Article 17(1) or (2) commits an offence and shall on conviction be liable to a fine not exceeding XXXX ( insert currency of the country and the amount of the fine ) or to imprisonment for a term not exceeding one year or to both.

ARTICLE 18 Opening account in false name. [This links to Article 16(2).] (1) No person shall open, operate or authorize the opening or the operation of an account with a reporting institution in a fictitious, false or incorrect name. [There is a total ban on the use of made up, false or changed names for people having accounts.] (2) Where a person is commonly known by two or more different names, the person shall not use one of those names in opening an account with a reporting institution unless the person has previously disclosed the other name or names to the reporting institution. [All names used by a person must be disclosed, although only one will appear for the accountthe other names must be kept on the account opening records.] (3) (4) Where a person using a particular name in his dealings with a reporting institution discloses to it a different name or names by which he is commonly known, the reporting institution shall make a record of the disclosure and shall give the Anti-Money Laundering Intelligence Unit a copy of that record. [ If a different name is later used, then a report shall be made.] (5) Where a politically exposed person opens or attempts to open an account with a reporting institution it shall report such fact to the Anti-Money Laundering Intelligence Unit as if it were a report under Article 14. [All accounts for foreign politicians, etc. see the definition of "politically exposed person" in Article 3must be reported. This complies with the June 2003 FATF recommendations.]

(5)

For the purposes of this Article (a) a person opens an account in a false name if the person, in opening the account, or becoming a signatory to the account, uses a name other than a name by which the person is commonly known; 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 reporting institution 28

(b)

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 date of this Law. [These are examples of the use of a false name. (c) has a retrospective effect. This means that all reporting institutions will have to obtain the correct details for all account holders and close all accounts in false or incorrect names.] (6) Any person who contravenes this Article commits an offence and shall on conviction be liable to a fine not exceeding xxxxx (insert currency of the country and the amount of the fine) or to imprisonment for a term not exceeding one year or to both.

Article 19 COMPLIANCE PROGRAM (1) A reporting institution shall adopt, develop and implement internal programs, policies, procedures and controls to guard against and detect any offence under this Law.

(2)

The programs in paragraph (1) shall include

(a)

the establishment of procedures to ensure high standards of integrity of its employees and a system to evaluate the personal, employment and financial history of these employees; [This means that no criminals or suspected criminals may be employed.] (b) ongoing employee training programs, such as knowyourcustomer programs, and instructing employees with regard to the responsibilities specified in Articles 13, 14, 15, 16 and 17 and in respect of politically exposed people; and [There must be training.] (c) an independent audit function to check compliance with such programs. [All auditors must check that there are policies, procedures, training, compliance and integrity checks being made.]

29

(3) A reporting institution shall monitor any complex or unusual or large transaction or any unusual patterns of transactions that have no apparent economic or lawful purpose or where there are transactions involving persons in or from a jurisdiction that does not have adequate systems to prevent or deter money laundering or electronic transfer of funds without originator details being recorded. [This is an example of a suspicious type of conduct.] (4) A reporting institution shall implement compliance programs under paragraph (1) on its branches and subsidiaries in and outside (insert country name). (5) A reporting institution shall also designate compliance officers at management level in each branch and subsidiary who will be in charge of the application of the internal programs and procedures, including proper maintenance of records and reporting of suspicious transactions. [A person or persons must be appointed to ensure compliance with this law.[ (6) A reporting institution shall develop audit functions to evaluate such policies, procedures and controls to test compliance with the measures taken by the reporting institution to comply with the provisions of this Law and the effectiveness of such measures. [Internal audit checks must be made to make sure that this law is complied with.[ (7) A reporting institution shall within three months of the commencement of this Law provide to the Anti-Money Laundering Intelligence Unit a copy of all program, policy statements and other such documents written in compliance with this Article. [ NB POLICY AS TO THE AMOUNT OF TIME TO BE GIVEN FOR COMPLIANCE] [The AMLIU must be given a copy of the policy of a reporting institution. In practice, this is an audit tool to ensure compliance and awareness. A failure to give this is an offence caught by Article 81but is subject to Article 22(3).] Article 20 Secrecy obligations overridden

The provisions of this Part shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by any written law or otherwise. [Reports and information is to be provided even though there may be secrecy lawsthey do not apply and are overridden by this Law].

30

Article21 Obligations of supervisory or licensing authority.

(1) The relevant supervisory authority of a reporting institution or such other person as the relevant supervisory authority may deem fit may (a) adopt the necessary measures to prevent or avoid having any person who is unsuitable from controlling, or participating, directly or indirectly, in the directorship, management or operation of the reporting institution; [Regulations for supervisory authorities must stop criminals being involved in reporting institutions.] (b) examine and supervise reporting institutions, and regulate and verify, through regular examinations, that a reporting institution adopts and implements the compliance programs in Article 19; [Conduct as part of an audit program, compliance audits to ensure that this Law is obeyed.] (c) issue guidelines to assist reporting institutions in detecting suspicious patterns of behavior in their clients and these guidelines shall be developed taking into account modern and secure techniques of money management and will serve as an educational tool for reporting institutions personnel; and [Provide guidelines, typologies or methodologies to help educate about money laundering.] (d) cooperate with other enforcement agencies and lend technical assistance in any investigation, prosecution or proceedings relating to any unlawful activity or offence under this Law. [Give all necessary assistance to help under this Law.] (2) The licensing authority of a reporting institution may, upon the recommendation of the Anti-Money Laundering Intelligence Unit, revoke or suspend the reporting institutions licence if it has been convicted of an offence under this Law. [If a reporting institution has breached this law, its license may be revoked or suspended. This is a wide power and may be seen as effectively a new power for some licensing authorities. It shows how important this Law is to be regarded.] (3) The relevant supervisory authority shall report promptly to the Anti-Money Laundering Intelligence Unit any information received from any reporting institutions relating to transactions or activities that could be related to any unlawful activity or offence under this Law. [Supervisory authorities are essentially agents of the AMLIU for detecting unlawful activity or breaches of this Law.] 31

Article 22 Powers to enfor cement and compliance [These are powers to enforce.] (1) A compliance officer of a reporting institution shall take all reasonable steps to ensure the reporting institutions compliance with its obligations under this Part. [There is an obligation to comply with this Law.] (2) The Anti-Money Laundering Intelligence Unit, upon application to the court and satisfying the court that a reporting institution has failed without reasonable excuse to comply in whole or in part with any obligations in this Law, shall obtain an order against any or all of the officers or employees of that reporting institution on such terms as the court deems necessary to enforce compliance with such obligations. [The AMLIU may obtain orders to ensure compliance with this Law.] (3) Notwithstanding Article 22 (2), the Anti-Money Laundering Intelligence Unit may direct or enter into an agreement with any reporting institution that has without reasonable excuse failed to comply in whole or in part with any obligations in this Part to implement any action plan to ensure compliance with its obligations under this Part. [Rather than obtaining an order from the court, the AMLIU may enter into an agreement for compliance.] (4) Any person who contravenes Article 22 (1) or fails to comply with a directive under Article 22 (3), commits an offence and shall on conviction be liable to a fine not exceeding XXXX (insert currency of the country and the amount of the fine) or to imprisonment for a term not exceeding six months or to both, and, in the case of a continuing offence, to a further fine not exceeding XXXX (insert currency of the country and the amount of the fine) for each day during which the offence continues after conviction. [If these is no compliance, or a breach of the terms of an Article 22(3) agreement, the Law has been broken.]

Article 23 Currency reporting at border.

32

(1) A person leaving or entering (insert country name) with an amount in cash, negotiable bearer instruments or both, gems or precious metals exceeding such value as the Bank of (insert country name) may determine periodically, shall, immediately before leaving or entering (insert country name), as the case may be, declare to the customs officials stationed at the border such amount in such form as the Anti-Money Laundering Intelligence Unit may specify. The customs officials shall send all such declarations to the Anti-Money Laundering Intelligence Unit. [The Bank of (insert country name) shall specify a value for cross-border reporting of the movement of money, bearer instruments, gems and precious metals.] (2) Any person who contravenes Article 23(1) commits an offence and shall on conviction be liable to a fine not exceeding XXXX ( insert currency of the country and the amount of the fine) or to imprisonment for a term not exceeding one year or to both. (3) Any declaration required to be made or given under Article 23 (1) shall for the purposes of the Customs Law, be deemed to be a declaration in a matter relating to customs. [Check if relevant NB Regulations for additional warning signage at the border.] (4) All reporting institutions shall maintain records of all wire, electronic and cross border transmissions or movements of money, such records shall include originator information, being the name, address and account number and all related messages that are sent and such other details as will permit the tracing of the money so sent. [Complies with Special Terrorist Recommendation vii All electronic transfers shall be recorded with all details so that they can be traced.]

Article 24. PROTECTION OF PERSONS REPORTING

(1) No civil, criminal, administrative, disciplinary or other proceedings shall be brought against a person who

(a) (b)

discloses or supplies any information in any report made under this Part; or supplies any information in connection with such a report, whether at the time the report is made or afterwards; 33

in respect of

34

(aa)

the disclosure or supply, or the manner of the disclosure or supply, by that person, of the information referred to in paragraph (a) or (b); or

(bb)

any consequences that follow from the disclosure or supply of that information, unless the information was disclosed or supplied in bad faith. [This means that if a person was acting as part of a criminal plan to make the report he can be taken to court.]

[This is an indemnity article to protect people who comply with making reports from being taken to court. It covers all proceedings.] (2) In proceedings against any person for an offence under this Part, it shall be a defense for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

Article 25. Examination of a reporting institution

(1) For the purposes of monitoring a reporting institutions compliance with this Part, the Anti-Money Laundering Intelligence Unit may authorize an examiner to examine

(a)

any of the reporting institutions records or reports that relate to its obligations under this Part, which are kept at, or accessible from, the reporting institutions premises; and

any system used by the reporting institution at its premises for keeping those records or reports. [This means that the AMLIU may appoint a persongenerally an employee to undertake an onsite inspection to ensure compliance with this Law.]

(b)

(2)

In carrying out the examination under Article 25 (1), the examiner may (a) (b) ask any question relating to any record, system or report of a reporting institution; and make any note or take any copy of the whole or part of any business transaction of the reporting institution.

(3) The examiner so appointed may provide evidence of his examination in any proceedings. [May not be needed-check with existing laws of the country] Article 26. Examination of person other than a reporting institution.

(1)

An examiner authorized under Article 25 may examine (a) (b) (c) a person who is, or was at any time, a director or an officer of a reporting institution or of its agent; a person who is, or was at any time, a client, or otherwise having dealings with a reporting institution; or

a person whom he believes to be acquainted with the facts and circumstances of the case, including an auditor or an advocate and solicitor of a reporting institution, and that person shall give such document or information as the examiner may require within such time as the examiner may specify. [This is an investigator's power to be used to assist in an investigation.] (2) Any person who contravenes Article 26(1) commits an offence and shall on conviction be liable to a fine not exceeding xxxx ( insert currency of the country and the amount of the fine), or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding xxxx (insert currency of the country and the amount of the fine ) for each day during which the offence continues after conviction. (3) Notwithstanding any other written law, an agent, including an auditor or an advocate and solicitor of a reporting institution, shall not be liable for breach of a contract relating to, or a duty of, confidentiality for giving any document or information to the examiner. [This Article removes the confidentiality obligations for lawyers and auditors and they cannot be taken to court for complying with the Law.]

Article 27. Appearance before examiner

(1) A director or an officer of a reporting institution examined under Article 25(1), or a person examined under Article26(1), shall appear before the examiner at his office upon being called to do so by the examiner at such time as the examiner may specify. [A person to be examined must appear for the examination. As to service of notices, see Article 75.]

(2) Any person who contravenes Article 27(1) commits an offence and shall on conviction be liable to a fine not exceeding xxxx ( insert currency of the country and the amount of the fine) or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding xxxx ( insert currency of the country and the amount of the fine ) for each day during which the offence continues after conviction. Article 28. Destruction of examination records

The Anti-Money Laundering Intelligence Unit may destroy any document or copy of such document made or taken pursuant to an examination under Articles 25 and 26 within five years of the examination except where a copy of the document has been sent to an enforcement agency. PART V INVESTIGATION [This part provides for general powers of investigation.] Article 29. Investigation by the Anti-Money Laundering Intelligence Unit and enforcement agencies.

(1) Where the Anti-Money Laundering Intelligence Unit has reason to suspect the commission of an offence under Parts II, III or IV, whether or not a report has been made to it, the Anti-Money Laundering Intelligence Unit shall cause an investigation to be made and for such purpose may exercise all the powers of investigation provided for under this Law.

[An investigation can be made even though there has been no report made. It can also be an investigation as to a breach of this Law, not just for money laundering, compliance as well.] (2) (2) The Anti-Money Laundering Intelligence Unit may instruct any person to take such steps as may be necessary to facilitate an investigation under Article 29(1). [The AMLIU can give a directive that a person cooperate with it.] (3) The Anti-Money Laundering Intelligence Unit shall coordinate and cooperate with any enforcement agency in and outside (insert country name) with respect to an investigation into any serious offence or foreign serious offence, as the case may be. [The AMLIU shall be able to cooperate with all enforcement agencies inside and outside the country] Article 30. Appointment of investigating officer (1) For purposes of an investigation under this Part, the Anti-Money Laundering Intelligence Unit may appoint its employee or any other person to be an investigating officer. (2) An investigating officer who is not an employee of the Anti-Money Laundering Intelligence Unit relevant enforcement agency shall be subject to, and enjoy such rights, protection, and indemnity as may be specified in this Law or other written law applicable to an employee of the Anti-Money Laundering Intelligence Unit. [A no-employee investigator has the same protection as an employee.] (3) An investigating officer shall be subject to the direction and control of the AntiMoney Laundering Intelligence Unit. Article 31 Powers of an investigating officer

(1) Where an investigating officer is satisfied, or has reason to suspect, that a person has committed an offence under this Law, he may, without a search warrant

(a) er;

enter any premises belonging to or in the possession or control of the person or his employee, and in the case of a juridical entity, its director or manag

(b) (c)

search the premises for any property, record, report or document; and

inspect, make copies of or take extracts from any record, report or document so seized and detained. [This is a power to search and seize without a warrant. There are policy considerations here that need to be addressed]

(2) The occupant of the premises entered in the course of investigation, or any person on his behalf, shall be present during the search, and shall cooperate with such investigation. [The occupant of premises must be present for the search (could be employee or officer), must cooperate and will be given a list of everything taken]. Article 31 Powers of an investigating officer

(1) Where an investigating officer is satisfied, or has reason to suspect, that a person has committed an offence under this Law, he may, without a search warrant

(a) er; (b) (c)

enter any premises belonging to or in the possession or control of the person or his employee, and in the case of a juridical entity, its director or manag search the premises for any property, record, report or document; and

inspect, make copies of or take extracts from any record, report or document so seized and detained. [This is a power to search and seize without a warrant.]

(2) The occupant of the premises entered in the course of investigation, or any person on his behalf, shall be present during the search, and shall cooperate with such investigation. and a copy of the list prepared under subsection (4) shall be delivered to such person at his request. [The occupant of premises must be present for the search (could be employee or officer), must cooperate and will be given a list of everything taken.] Article 32 Power to examine persons

(1) Notwithstanding any written law, or oath, undertaking or requirement of secrecy or confidentiality to the contrary, or an obligation under an agreement or arrangement, express or implied, to the contrary, an investigating officer conducting an investigation shall have the power to administer an oath or affirmation to the person being examined. [An investigating officer may give an oath to a person to be examined.]

(2) An investigating officer may order, orally or in writing, any person whom he believes to be acquainted with the facts and circumstances of the case (a) (b (c) to attend before him for examination; )to produce before him any property, record, report or document; or to furnish to him a statement in writing made on oath or affirmation setting out such information as he may require.

[An order to attend before an investigator may be given by the investigator.] (3) Any person who contravenes Article 32(2) commits an offence and shall on conviction be liable to a fine not exceeding XXX ( insert currency of the country and the amount of the fine) or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding XXXX ( insert currency of the country and the amount of the fine ) for each day during which the offence continues after conviction. (4) The person examined under Article 32 (2) shall be legally bound to answer all questions relating to such case put to him by the investigating officer, [This paragraph could be finished here if paragraph (8) is retained.] but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture. [This is a policy issue and needs to be examined. It may equally provide for a person not having the right to refuse to answer, but their answer cannot be used against them in any proceeding.] [The person must answer the questionsunless it may result in a criminal charge.] (5) A person making a statement under paragraph (2) (c) shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the questions of the investigating officer. [The answers must be truthful.] (6) An investigating officer examining a person under Article 32 (2) shall first inform that person of the provisions of paragraphs (4) and (5). [The investigator must tell a person about paragraphs (4) and (5).]

(7) A statement made by any person under paragraph (2) (c) shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print

(a) (b)

after it has been read to him in the language in which he made it; and after he has been given an opportunity to make any correction he may wish.

(8) No statement obtained by an investigating officer may be used in a court of law or for other proceedings. [If this paragraph remains, then one could include a compulsion to answer all questions in paragraph (4) as it is a true tool for investigations. This is now the case in many countries.] (9) Any person who (a) fails to appear before an investigating officer as required under paragraph (2) (a); refuses to answer any question put to him by an investigating officer under Article 32(4); or furnishes to an investigating officer any information or statement that is false or misleading in any material particular,

(b) (c)

commits an offence and shall on conviction be liable to a fine not exceeding XXXX (insert currency of the country and the amount of the fine ) or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding XXXX (insert currency of the country and the amount of the fine) for each day during which the offence continues after conviction.

Article 33. Obstruction to exercise of powers by an investigating officer.

Any person who (a) refuses any investigating officer access to any premises, or fails to submit to the search of his person; assaults, obstructs, hinders or delays an investigating officer in effecting any entrance which he is entitled to effect; fails to comply with any lawful demands of any investigating officer in the execution of his duties under this Part; refuses to give to an investigating officer any property, document or information which may reasonably be required of him and which he has in his power to give; fails to produce to, or conceals or attempt to conceal from, an investigating officer, any property, record, report or document, which the investigating officer requires; [conceals = hides] furnishes to an investigating officer as true any information which he knows or has reason to believe to be false; or rescues or attempts to rescue any thing which has been duly seized; [furnishes = gives] before or after any search or seizure, breaks or otherwise destroys any thing to prevent its seizure, or the securing of the property, record, report or document by any enforcement agency following the investigation of by the investigating officer,

(b)

(c)

(d)

(e)

(f)

(g)

commits an offence and shall on conviction be liable to a fine not exceeding xxxx (insert currency of the country) or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding xxxx (insert currency of the country) for each day during which the offence continues after conviction.

Article34 TIPPING OFF [Telling] (1) It is an offence for any person who knows or suspects that an investigation into money laundering has been, is being or is about to be made, or that an order has been made or may be made requiring the delivery or production of any document to divulge that fact or other information to another whereby the investigation is likely to be prejudiced. [divulge = tell or give information about prejudiced = damaged badly affected] (2) It is an offence for any person who knows or suspects that a disclosure by a financial institution has been made to the Anti-Money Laundering Intelligence Unit Authority under Article 14 to divulge that fact or other information to another whereby any investigation that might be conducted following the disclosure is likely to be prejudiced. (3) A person guilty of an offence under the provisions of Article 34 (1) or (2) of this Article shall be liable on conviction to a fine not exceeding XXXX ( insert currency of the country and the amount of the fine)

(4) Nothing in Article 34(1)and (2) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter (a) to his client or the clients representative in connection with the giving of advice to the client in the course and for the purpose of the professional employment of the advocate and solicitor; or to any person in contemplation of, or in connection with and for the purpose of, any legal proceedings.

(b)

(5) Article 34 (4)(2) does not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.

(6) In proceedings against a person for an offence under this Article, it is a defence to prove that (a ) (b) he did not know or suspect that the disclosure made under paragraph (1) (b) was likely to prejudice the investigation; or he had lawful authority or reasonable excuse for making the disclosure.

(7) An investigating officer or other person does not commit an offence under this Article in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Law or of any other written law relating to a serious offence.

Article 35 Referral of Matters After Investigation and Analysis Immediately upon the completion of any investigation and analysis by the Anti-Money Laundering Intelligence Unit and a conclusion that there are reasonable grounds to believe that there has been a breach of Parts II, III, or IV of this Law or of any serious offence it shall notify the enforcement agency and provide a full report of its findings and copies of documents obtained by it in the course of its investigations, if any. Upon receipt of such report and materials the enforcement agency shall determine where the matter shall be formally investigated for the purposes of prosecution. [After an investigation is concluded and a breach is believed to have been made of the Law, the matter is to be given to the enforcement agency who will decide whether to formally investigate.]

PART VI Article 36 FREEZING AND FORFEITURE OF ASSETS IN RELATION TO MONEY LAUNDERING FREEZING OF PROPERTY (1) Where a person (hereinafter referred to as the defendant) has been charged or is about to be charged with a money laundering offence, the Public Prosecutor may make an application to a Judge in accordance with paragraph(2) for an order (hereinafter referred to as a freezing order) freezing the property of, or in the possession or under the control of that person, which is alleged to be the proceeds of crime or money laundering, wherever such property may be. [This prevents a person charged or about to be charged from dealing with their property which may be traced back to being the proceeds of crime or money laundering. A power could be given to freeze property after convictions as well.] (2) An application made under paragraph (1) may be made in the absence or any other parties to a Judge in closed court and shall be accompanied by an affidavit sworn on the information and belief of the Public Prosecutor or any other person deposing to the following matters, namely[No other party than the Prosecutor shall be permitted to present before the judges. That is, it is not public and is to be heard in private.] (a) (b) (c) The offence or matter under investigation; The person who is believed to be in possession of the property; The grounds for the belief that a freezing order may be made under this Law; and

(d) A description of the property. [Items (a), (b), (c) and (d) must be in a sworn statement to the court. It is not to be released to the public.] (3) Where an application for a freezing order is made under paragraph (1), the Judge may make an order [These are the powers of the judge.]

(a)

Prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in such manner as may be specified in the order; and At the request of the Public Prosecutor where the Judge is of the opinion that the circumstances so require(i) appointing a person to take control of and to manage or otherwise deal with all or part of that property in accordance with directions of the Judge; and [A business may continue to run with a court-appointed manager.] (ii) requiring any person having possession of that property to give possession of the property to the person appointed under subparagraph (i). [A person may be ordered to deliver up property even though he may just be in possession of it and not claim ownership.]

(b)

(4) The Judge in making any order freezing the property of the defendant may, give directions as to[These are additional powers for the judge.] (a) (b) The period of effect of the freezing order; or The disposal of the property for the purpose of (i) (ii) (iii) (iv) (v) (vi) determining any dispute as to the ownership of or other interest in the property or any part thereof; its proper administration during the period of freezing; the payment of debts incurred in good faith due to creditors prior to the making of the order; the payment of moneys to the defendant for his reasonable subsistence and that of his family; the payment of the reasonable business and legal expenses of the defendant; and permitting the use of the property in order to enter into a recognizance required of the defendant by a court.

(5) For the purpose of determining the reasonableness of business and legal expenses referred to in paragraph(4)(b)(v), a Judge may hold a hearing in a closed court.

(6) An order made under the provisions of this Article shall provide for notice to be given to persons affected by the order in such manner as the Judge directs or as may be prescribed by the Rules of Court. (7) An order made under the provisions of this Article shall cease to have effect at the end of the period of seven days, following the hour the order was made, if the person against whom such order was made has not been charged with a money laundering offence within that time. [The Orders made shall stop if a person has not been charged 7 days after the Order is made.] (8) The Government, the Public Prosecutor, the Anti- Money Laundering Intelligence Unit, the Bank of (insert country name) or any of their staff shall not be liable for any damages or costs arising directly or indirectly from the making of a freezing order unless it is proved that the application for the freezing of the property was not made in good faith. [As long as the Order was obtained properly, no damages shall be payable if the person is not charged.] (9) Where the court makes an order for the administration of frozen property, the person charged with the administration of the property shall not be liable for any loss or damage to the property or for the cost of proceedings taken to establish a claim to the property or to an interest in the property, unless the court in which the claim is made is of the opinion that the person has been guilty of negligence in respect of the taking of custody and control of the property. [An administrator of frozen property is not liable for damages unless negligent.] (10) Any person who knowingly acts in contravention of or fails to comply with the provisions of an order made under this Article is, without prejudice to any other remedy provided at law, guilty of an offence and any act so made shall be null and void and without effect of law. [If a person does not comply with the Orders, it is an offence and Article 8 will apply.] ARTICLE 37 Forfeiture of Property (1) Upon application by the Public Prosecutor to a Judge, any property of or in possession or under the control of any person who is convicted of a money laundering offence and any property of that person the subject of a freezing order shall, unless proved to the contrary, be deemed to be derived from money laundering, and forfeited by the order of the court. [If a person is convicted of money laundering, property frozen will be forfeited. This paragraph could be extended to include "and any property the subject of further orders for forfeiture as proceeds which had not been the subject of a freezing order". This would be inserted after the word "order" in the third line. This would expand the Article. One could also have reference to the forfeiture provisions in the Pena/Criminal Law, so as to include them by reference.]

(2) In determining whether or not any property is derived from money laundering the court will apply the standard of proof required in civil proceedings. (3) In making a forfeiture order the court may give directions

(a) For the purpose of determining any dispute as to the ownership of or other interest in the property or any part thereof; and (b) As to the disposal of the property.

(4) Upon application to a Judge by a person against whom a forfeiture order has been made under the provisions of this Article, the court may order that a sum deemed by the court to be the value of the property so ordered to be forfeited be paid by that person to the court and upon satisfactory payment of that sum by that person the property ordered to be forfeited shall be returned to him. [Rather than forfeiting the items, the value of the goods-items-could be paid instead-if a judge agrees.] ARTICLE 38 Property Tracking and Monitoring (1) For the purpose of determining whether any property belongs to, is in the possession or under the control of any person, the court may upon application by the Public Prosecutor or the competent authority and if satisfied that there are reasonable grounds for so doing, order (a) That any document relevant to (i) (ii) identifying, locating or quantifying property of that person; identifying or locating any document necessary for the transfer of property of that person, be delivered forthwith to the competent authority; and

(b) That a financial institution immediately produces to the Public Prosecutor or competent authority, as the case may be, all information obtained by the institution about any business transaction conducted by or for that person with the institution during such period before or after the date of the order as the court directs.

(2) Upon being satisfied by the competent authority that any person is failing to comply with, is delaying or is otherwise obstructing an order made in accordance with the provisions of paragraph (1), the court may order that the Public Prosecutor or competent authority, as the case may be may enter any premises of that person, search the premises and remove any document, material or other thing therein for the purposes of executing such order. [If there is obstruction, the Public Prosecutor or officers of the "competent authority" (defined in Article 3) can enter and take possession if a court orders.]

(3) Where a person produces or delivers a document pursuant to an order made under this Article, the production or delivery of the document or any information, document or thing obtained as a direct or indirect consequence of the production or delivery of the document, is not admissible against that person in any proceedings, except a proceeding for an offence of failing to comply with an order of a court. ARTICLE 39 Offences (1) It is an offence for any 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 is likely to be relevant to the execution of any order made in accordance with the provisions of Article 38 (1). (2) It is an offence for a person who is the subject of an order made under Article 38(1) to disclose the existence or operation of the order to any person except to an officer of the law enforcement agency named in the order, an officer or agent of the financial institution, for the purposes of ensuring that the order is complied with or a lawyer, for the purpose of obtaining legal advice or representation in relation to the order. (3) A person guilty of an offence under the provisions of paragraph (1) or paragraph (2) shall be liable on conviction to a fine not exceeding XXXX (insert currency of the country and the amount of the fine), or to imprisonment for a term not exceeding XXXX years, or to both such fine and imprisonment. Article 40 Limitations on Freezing and Forfeiture of Property The provisions of Articles 36 and 37 shall only apply to property coming into the possession or under the control of a person after the commencement of this Law. ARTICLE 41 Appeals Nothing in this Part of this Law shall prevent the operation of any appeal normally available against orders made by the court. [This provides for the right to appeal in respect of freezing and forfeiture orders.] PART VII MUTUAL ASSISTANCE IN RELATION TO MONEY LAUNDERING [This Part is essentially a separate law relating to international cooperation.] ARTICLE 42 Co-operation with a Foreign State -

Subject to the provisions of Article 47, where a foreign State makes a request for assistance in the investigation or prosecution of a foreign serious offence, the competent authority shall (a) (b) Take all action necessary to implement the request forthwith; or Inform the foreign State making the request of any reason (i) for not executing the request forthwith; or (Cross reference to ARTICLE 47) for delaying the execution of the request.

(ii)

[This article provides for the receipt of requests and the responding to them quicklywhether it is by taking action or advising that no action will be taken]. ARTICLE 43 Competent Authority's Power to Obtain Search Warrant The competent authority upon application to a Judge in closed court and upon production to the Judge of a request may obtain a warrant (a) To enter any premises belonging to, in the possession or control of any person named in the warrant and search the premises; and (b) To search the person of any person named in the warrant, and remove any document, material or other thing for the purpose of executing the request as directed in the warrant. [The competent authority may undertake requested searches if a court issues a search order.] ARTICLE 44 PROPERTY TRACKING AND MONITORING ORDERS The competent authority upon application to a Judge in closed court and upon production to the Judge of a request may obtain an order (a) That any document relevant to (i) (ii) Identifying, locating or quantifying any property; or identifying or locating any document necessary for the transfer of any property, belonging to, in the possession or under the control of any person the subject of the request be delivered to the competent authority; and

(b) That a financial institution forthwith produces to the competent authority all information obtained by the institution about any business transaction conducted by

or for a person the subject of the request with the institution during such period before or after the date of the order as the Judge directs. [A court may order the production of information to provide details of the location of property and documents]. ARTICLE 45 Freezing and Forfeiture of Property Subject to the provisions of Article 47, the competent authority upon application to a Judge and upon production to the Judge of a request for the freezing or forfeiture of property of or in the possession or under the control of a person named in the request may obtain an order in accordance with Articles 36 and 37. [The competent authority may seek the freezing and forfeiture of property the subject of money laundering, even though the crime occurred outside the country]. ARTICLE 46 Request Accompanied by an Evidence Order [This is an article to cause evidence on a person to be produced for use in a foreign court.] (1) Subject to the provisions of Article 47, the competent authority may upon application to a Judge in closed court and upon production to the Judge of a request accompanied by an order issued by a court of the requesting State directed to any person within the jurisdiction of the court to deliver himself or any document or material in his possession or under his control to the jurisdiction of the court of the requesting State for the purpose of giving evidence in specified proceedings in that court, obtain an order directed to that person in the same terms as in the order accompanying the request. (2) Upon being served with an order issued in accordance with the provisions of paragraph (1), the person served shall for the purpose of the order either(a) Deliver himself to the jurisdiction of the court; or

(b) Deliver himself to the jurisdiction of the court of the requesting State, in accordance with the directions in the order. (3) If a person served with an order issued in accordance with the provisions of paragraph (1), elects to deliver himself to the jurisdiction of the court of the requesting State and fails to comply with any direction in the order, he shall be deemed immediately to have delivered himself to the jurisdiction of the court of as provided in paragraph (2) (a). (4) The court shall conduct such proceedings as are necessary to take the evidence of any person delivering himself to the jurisdiction of the court pursuant to the provisions of paragraph (2)(a). Such evidence shall subsequently be transmitted by the competent authority to the foreign State.

ARTICLE 47 Limitations on Compliance with Request (1) Assistance to a foreign State referred to in this Part of this Law shall be provided only to those States with whom (insert country name) has entered into mutual assistance arrangements on a bilateral or multilateral basis, and all such assistance shall be subject to the terms of such arrangements or where letters rogatory have been received and the competent authority approves the request. (2) The competent authority may refuse to comply with a request if (a) (b) The action sought by the request is contrary to any provisions of the Constitution of (insert country name); or The execution of the request is likely to prejudice the national interest or existing laws, policy or procedure of (insert country name).

(3) The provisions of Article 45 shall apply to property coming into the possession or under the control of a person after the commencement date of this Law. [Assistance is provided only if there is an agreement and it is not contrary to the law or Constitution of the country]

ARTICLE 48 Requests to Other States The competent authority may issue to a foreign State a request accompanied, if required, by an order issued in accordance with Article 49. ARTICLE 49 ISSUING EVIDENCE ORDER AGAINST FOREIGN RESIDENT The competent authority upon application to a Judge may, in respect of any proceedings for a money laundering offence, apply for an order directed to any person resident in a foreign State to deliver himself or any document or material in his possession or under his control to the jurisdiction of the court or, subject to the approval of the foreign State, to the jurisdiction of the court of the foreign State for the purpose of giving evidence in relation to those proceedings. [May request evidence from a foreign state.] ARTICLE 50 Evidence Pursuant to a Request Evidence taken pursuant to an evidence order under Article 49 in any proceedings in a court of a foreign State shall be received as rebuttable evidence in any proceedings to which such evidence relates. [The evidence shall be received by a court in the country, but may be contradicted or questioned].

ARTICLE 51 Form of Requests [How the request is to be made by a foreign government.] A request shall be in writing, including facsimile transmitted writing, and shall be dated and signed by or on behalf of the person making the request.

ARTICLE 52 CONTENT OF REQUESTS The request shall (a) Confirm either that an investigation or prosecution is being conducted into or for a suspected money laundering offence or that a person has been convicted of a money laundering offence; State the grounds on which any person is being investigated or prosecuted for the money laundering offence referred to in subparagraph (a) or give details of the convictions of the person referred to in subparagraph (a); Give particulars sufficient to identify any person referred to in paragraph (b); Give particulars sufficient to identify any financial institution or other person believed to have information, documents or material of assistance to the investigation or prosecution referred to in paragraph (a); Request the competent authority to whom the request is addressed to obtain from a financial institution or other person referred to in subparagraph (d) all and any information, documents or material of assistance to the investigation or prosecution referred to in paragraph (a); Specify the manner in which and to whom any information, documents or material obtained pursuant to the request is to be produced; State whether or not a freezing or forfeiture order is required and identify the property to be the subject of such an order; and

(b)

(c) (d)

(e)

(f) (g) (h)

Contain such other information as may assist the execution of the request. [What the request must contain when it is made a foreign State.]

ARTICLE 53 Request for Forfeiture

A request for forfeiture shall have attached to it a copy of the final forfeiture order made by the Court of the foreign State and a statement signed by a Judge of that Court to the effect that no further appeal against such order can be made. ARTICLE 54 Request not to be Invalidated A request shall not be invalidated for the purpose of any legal proceedings in (insert country name) by virtue of any failure to comply with the provisions of Article 52, provided the competent authority is satisfied that there is sufficient compliance to enable it properly to execute the request. [If a request does not include all the matters set out in Article 52, it can still be considered.] ARTICLE 55 Offences (1) It is an offence (a) For any 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 is likely to be relevant to the execution of any order made in accordance with the provisions of this Part of this Law; For any person who knows or suspects that an investigation into money laundering has been, is being or is about to be made, or that an order has been made or may be made requiring the delivery or production of any document, to divulge that fact or other information to another whereby the investigation is likely to be prejudiced.

(b)

(2) A person guilty of an offence under the provisions of paragraph (1) above shall on conviction be liable to on conviction to a fine not exceeding xxxx ( insert currency of the country and the amount of the fine ), or to imprisonment for a term not exceeding five years, or to both such fine and imprisonment. ARTICLE 56 Asset Sharing Where the Minister of Justice [insert the name of the Minister to be responsible, as it may not be the Minister for Justice] considers it appropriate, either because an international arrangement so requires or permits or in the interest of comity, he may order that the whole or any part of any property forfeited under the provisions of this Part of this Law, or the value thereof, be given or remitted to the requesting State. [comity = the best interests of nations acting and coming together. This Article provides for the sharing of assets that have been forfeited. This will generally happen when there is a transnational crime or where money can be returned to victims of a crime.]

Article 57 ADVOCATES AND LAWYERS TO DISCLOSE INFORMATION (1) Notwithstanding any other law, a Judge may, on application being made to him in relation to an investigation into any offence under Article 4(1), order an advocate and lawyer to disclose information available to him in respect of any transaction or dealing relating to any property which is liable to seizure under this Law. [This Article enables a judge to order a lawyer to disclose information]. (2) Nothing in Article 57 (1) shall require an advocate and lawyer to comply with any order under that Article to the extent that such compliance would disclose any privileged information or communication which came to his knowledge for the purpose of any pending proceedings. [The lawyer is not bound to disclose privileged information.]

PART VIII Additional Powers of the Public Prosecutor [This Part contains extra powers for the Public Prosecutor when dealing with Money Laundering investigations. It recognizes the importance of stopping money laundering. No search warrant is required.] Article 58 Investigation powers in relation to a financial institution (1) Notwithstanding the provisions of any other written law or any rule of law, the Public Prosecutor, if he is satisfied that it is necessary for the purpose of any investigation into an offence under Article 4(1), may authorize in writing an investigating officer to exercise in relation to any financial institution specified in the authorization all the powers of investigation set out in Part V and in Article 58 (2).

(2) An investigating officer authorized under Article 58 (1) may, in relation to the financial institution in respect of which he is so authorized

(a)

inspect and take copies of any book, record, report or document belonging to or in the possession, custody or control of the financial institution; inspect and take copies of any share account, purchase account, expense account or any other account of any person kept in the financial institution; inspect the contents of any safe deposit box in the financial institution; or request for any other information relating to any record, report, document, account or article referred to in paragraphs (a), (b) and (c).

(b)

(c) (d)

(3) Notwithstanding anything in paragraph (2), an investigating officer authorized under paragraph (1) may take possession of any account, book, record, report, document, title, securities or cash to which he has access under that paragraph where in his opinion (a) the inspection of them, the copying of them, or the taking of extracts from them, cannot reasonably be undertaken without taking possession of them; they may be interfered with or destroyed unless he takes possession of them; or they may be needed as evidence in any prosecution for an offence under Article 4(1) or any other written law.

(b) (c)

(4) Any person who willfully fails or refuses to disclose any information or to produce any account, book, record, report, document or article under Article 58 (2) to the investigating officer authorized under Article 48(1) commits an offence and shall on conviction be liable to a fine not exceeding xxxx ( insert currency of the country and the amount of the fine) or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding xxxx (insert currency of the country and the amount of the fine ) for each day during which the offence continues after conviction. (5) Where any person discloses any information or produces any account, book, record, report, document or article to an investigating officer authorized under Article 58(1), neither the firstmentioned person nor any other person on whose behalf or direction or as whose agent or officer the firstmentioned person may be acting shall, on account of such disclosure or production, be liable to any prosecution for any offence

under any law, or to any proceedings or claim by any person under any law, or under any contract, agreement or arrangement, or otherwise. [This paragraph is a protection given to the person who produces materials to the prosecutor. Such a person cannot have a claim brought against them.]

Article 59 Public Prosecutors powers to obtain information

(1) Notwithstanding any law or rule of law to the contrary, the Public Prosecutor, if he has reasonable grounds to believe, based on the investigation carried out under this Law, that an offence under Article 4(1) has been committed, may by written notice (a) (b) (c) require any person suspected of having committed such offence; any relative or associate of the person referred to in paragraph (a); or any other person whom the Public Prosecutor has reasonable grounds to believe is able to assist in the investigation,

to furnish a statement in writing on oath or affirmation (aa) identifying every property, whether movable or immovable, whether in or outside (insert country name), belonging to him or in his possession, or in which he has any interest, whether legal or equitable, and specifying the date on which each of the properties so identified was acquired and the manner in which it was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner; identifying every property sent out of (insert country name) by him or on his behalf during such period as may be specified in the notice; setting out the estimated value and location of each of the properties identified under subparagraphs (aa) and (bb), and if any of such properties cannot be located, the reason for it;

(bb)

(cc)

[For (aa), (bb), and (cc), a person may be forced to produce a statement about property the have, that they look after for somebody else, specify a value, where it came from or the money to buy it came from, why the property cannot be found (if that is the case).] (dd) stating in respect of each of the properties identified under subparagraphs (aa) and (bb) whether the property is held by him or by any other person on his behalf, whether it has been transferred, sold to, or kept with any person, whether it has been diminished in value since its acquisition by him, and whether it has been commingled with other property which cannot be separated or divided without difficulty; [Who is the real owner, has some property been mixed with other property and can it be divided?] (ee) setting out all other information relating to his property, business, travel, or other activities as may be specified in the notice; and [All details of business, travel and property ] (ff) setting out all his sources of income, earnings or property. [Give all details of income, investments, earnings, property.] (2) An officer of any financial institution, or any person who is in any manner or to any extent responsible for the management and control of the affairs of any financial institution, shall furnish a copy of all accounts, books, records, reports or documents relating to any person to whom a notice may be issued under Article 59(1). [A financial institution or other person shall produce books, records, etc. as are requested.] (3) Every person to whom a notice is sent by the Public Prosecutor under paragraph (1) shall, notwithstanding any law or rule of law to the contrary, comply with the terms of the notice within such time as may be specified in the notice, and any person who willfully neglects or fails to comply with the terms of the notice commits an offence and shall on conviction be liable to a fine not exceeding xxxx ( insert currency of the country and the amount of the fine) or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding xxxx (insert currency of the country and the amount of the fine ) for each day during which the offence continues after conviction. [There is an absolute obligation to comply with paragraph (1).] (4) Every person to whom a notice or direction is sent by the Public Prosecutor under this article shall be legally bound to state the truth and shall disclose all information which is within his knowledge, or which is available to him, or which is

capable of being obtained by him. [If a person does not know the answer, he should obtain the answer if this is possible.] (5) Where any person discloses any information or produces any accounts, books, records, reports or documents in response to a notice under Article 59 (1), such person, his agent or employee, or any other person acting on his behalf or under his direction, shall not, by reason only of such disclosure or production, be liable to prosecution for any offence under any law, or to any proceedings or claim by any person under any law or under any contract, agreement or arrangement, or otherwise. [ This is a paragraph to provide protection to a person producing information. It will not protect the person to be charged with money laundering.] (6) Article 59 (5) shall not bar, prevent or prohibit the institution of any prosecution for any offence as provided by this Article or the giving of false information in relation to any statement on oath or affirmation furnished to the Public Prosecutor pursuant to this Article.

Article 60 Prohibition of dealing with property outside (insert the name of the Country) Where the Public Prosecutor is satisfied that any property is the subjectmatter of an offence under Article 4(1) or was used in the commission of the offence, and such property is held or deposited outside (insert country name), he may make an application by way of an affidavit to the a Judge of the court for an order prohibiting the person by whom the property is held or with whom it is deposited from dealing with the property and may request the competent authority to request enforcement of such order by a foreign State. [Foreign property may be frozen.]

PART IX MISCELLANEOUS Article 61 Validity of freeze, seizure or sale Where the freeze, seizure or sale of any property has been effected under this Law, the validity of such freeze, seizure or sale, or other form of disposal of such property, or of any destruction of the property in accordance with the provisions of this Law, in consequence of such freeze, seizure or sale, shall not be affected by any objection to it relating to the manner in which the freeze, seizure or sale was effected, or the place at which it was effected, or the person from whom it was effected, or the person to whom any notice of the freeze, seizure or sale was given, or omitted to be given, or any failure to conform to any procedural provision of this Law or of any other written law in effecting the freeze, seizure or sale. [No freeze, seizure or sale of forfeited property can be invalidated due to a failure to give notice or to follow any procedural provision of the law.]

Article 62 Absconded person (1) For the purposes of this Law, a person shall be treated as if he had been convicted of a serious offence if the person absconds in connection with a serious offence and any reference in this Part to the defendant shall include a reference to such person. [If a person charged with money laundering or a serious offence runs away, he shall be treated as having been convicted.]

(2) For the purposes of Article 62 (1), a person shall be treated as if he had absconded in connection with a serious offence if, before or after the commencement date (a) an investigation for a serious offence has been commenced against the person; and the person

(b)

dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he is convicted of the offence; or (ii) at the end of the period of six months from the date on which the investigation referred to in paragraph (a) was commenced against him, cannot be found, apprehended or extradited. [A person shall be assumed by the courts to have ran away if an investigation has been commenced and he dies or cannot be extradited, apprehended or found six months after the investigation started.]

(i)

Article 63 FORFEITURE ORDER WHERE PERSON HAS ABSCONDED

Where a person is, by reason of Article 62, treated as if he had been convicted of a serious offence, a court may make a forfeiture order under this Part if the court is satisfied (a) on the evidence adduced before it that, on the balance of probabilities, the person has absconded; and [balance of probabilities = it is more likely than not that he has ran away] having regard to all the evidence before the court, that such evidence if unrebutted would warrant his conviction for the offence. [unrebutted = if no defense was offered, that is, there appears to be a good case which would result in a conviction if it went to trial.]

(b)

Article 64 EFFECT OF DEATH ON PROCEEDINGS (1) Proceedings under Article 63 shall be instituted or continued against the personal representatives of a deceased defendant or, if there are no personal representatives, such beneficiary of the estate of the deceased defendant as may be specified by the court upon the application of the Public Prosecutor. [ The forfeiture order may be made against a person holding the property of the person who has died or ran away.] (2) Where the power conferred by this Law to make an order is to be exercised in relation to a deceased defendant, the order shall be made against the estate of the deceased defendant.

(3)

In this Article, deceased defendant means a person who dies (a) (b) after an investigation into a serious offence has been commenced against him; and before proceedings in respect of the offence have been instituted, or if such proceedings have been instituted, before he is convicted of the offence.

(4) In this Article, a reference to property or interest in property shall include a reference to income accruing from such property or interest.

Article 65 Service of Documents on absconders Where any document is required under this Law to be served on a person who cannot be found or who is outside (insert country name) and cannot be compelled to attend before a court in respect of proceedings under this Law, the court may dispense with service of the document upon him and the proceedings may be continued to their final conclusion in his absence. [An action can continue if a person has ran away, even though they have not and cannot be given notice.]

Article 66 AGENT PROVOCATEUR (1) Notwithstanding any law or rule of law to the contrary, in any proceedings against any person for an offence under this Law, no agent provocateur, whether he is an officer of an enforcement agency or not, shall be presumed to be unworthy of credit by reason only of his having attempted to commit or to perpetrate, or having been an accomplice or other participant in such offence if the main purpose of such participation was to secure evidence against such person. [No action shall be commenced against an "agent provocateur"that is a person acting for authorities that may appear to be involved in the crime when he was really getting evidence.] (2) Notwithstanding any law or rule of law to the contrary, a conviction for any offence under this Law solely on the uncorroborated evidence of any agent provocateur shall not be illegal and no such conviction shall be set aside merely because the court which tried the case has failed to refer in the grounds of its judgment to the need to warn itself against the danger of convicting on such evidence. [A person may be convicted just on the evidence of an agent provocateur.] (3) The Minister of Justice may, in aid of an investigation by the Anti-money Laundering Intelligence Unit, the Police or the Public Prosecutor authorize in writing a reporting institution to conduct a transaction or series of transactions which may be believed to be suspicious and such reporting institution shall not be the subject prosecution or proceedings of any kind or penalty by any regulatory authority for carrying out such transaction. [A reporting institution may be authorized by the Minister of Justice to carry out a money laundering transaction to help on an investigation and will not be prosecuted for money laundering.]

Article 67 Standard of proof (1) Any question of fact to be decided by a court in proceedings under this Law shall be decided using the level of proof used in a civil matters. (2) Article 67(1) shall not apply in relation to any question of fact that is for the prosecution to prove in any proceedings for an offence under this Law or any subsidiary legislation under it. [Except for a prosecution under this law, all facts may be proven at the civil level of proof rather than the criminal level of proof.]

Article 68 Admissibility of documentary evidence Where the Public Prosecutor or any enforcement agency has obtained any document or other evidence in exercise of his powers under this Law or by virtue of this Law, such document or copy of the document or other evidence, as the case may be, shall be admissible in evidence in any proceedings under this Law, notwithstanding anything to the contrary in any written law. [All documents obtained by exercise of powers under this law can be admitted into evidence in a court.]

Article 69 Admissibility of statements by accused persons (1) Save as may be otherwise provided in this Law in any trial or inquiry by a court into an offence under this Law, any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of an investigation or not and whether or not wholly or partly in answer to questions, by an accused person to or in the hearing of an officer of any enforcement agency, whether or not interpreted to him by any other officer of such enforcement agency or any other person, whether concerned or not in the arrest of that person, shall, notwithstanding any law or rule of law to the contrary, be admissible at his trial in evidence and, if that person tenders himself as a witness, any such statement may be used in crossexamination and for the purpose of impeaching his credit. [All statements of an accused may be admitted into evidence]. (2) No statement made under Article 69 (1) shall be admissible or used as provided for in that Article if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the person, proceeding from a person in the enforcement agency and sufficient in the opinion of the court to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. [ No statement is admissible if obtained by a promise or threat.]

(3) Where any person is arrested or is informed that he may be prosecuted for any offence under this Law, he shall be served with a notice in writing, which shall be explained to him, to the following effect:

You have been arrested/informed that you may be prosecuted for.... (the possible offence under this Law). Do you wish to say anything? If there is any fact on which you intend to rely in your defence in court, you are advised to mention it now. If you hold it back till you go to court, your evidence may be less likely to be believed and this may have an adverse effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done. . [NB POLICY ISSUES] (4) Notwithstanding Article 69(3), a statement by any person accused of any offence under this Law made before there is time to serve a notice under that paragraph shall not be rendered inadmissible in evidence merely by reason of no such notice having been served on him if such notice has been served on him as soon as is reasonably possible after the statement is made. [If a statement required by paragraph 3 is not given, the court may still admit the evidence if notice was given after.] (5) No statement made by an accused person in answer to a written notice served on him pursuant to Article 69 (3) shall be construed as a statement caused by any inducement, threat or promise as is described in Article 69 (2), if it is otherwise voluntary. [No voluntary statement will be kept out of court if he was given the notice under paragraph 69(3).] (6) Where in any criminal proceedings against a person for an offence under this Law, evidence is given that the accused, on being informed that he might be prosecuted for it, failed to mention any such fact, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so informed, the court, in determining whether the prosecution has made out a prima facie case against the accused and in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure as appear proper; and the failure may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material. [ If a person has been told he will be prosecuted under this law, then fails to then mention a matter which is material or important to his case by way of defense, the court may infer that the evidence against him will not be validly questions. That is if the accused does not mention a material defense matter where told he will be charged, his failure to mention it will be supportive of the prosecution case against him.]

(7)

Nothing in Article 69(6) shall in any criminal proceedings (a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence of it would be admissible apart from that Article; or

(b)

be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from that Article.

Article 70 Admissibility of statements and documents of persons who are dead or cannot be traced etc.

Notwithstanding any written law to the contrary, in any proceedings against any person for an offence under this Law (a) (b) any statement made by any person to an officer of any enforcement agency in the course of an investigation under this Law; and

any document, or copy of any document, seized from any person by an officer of any enforcement agency in exercise of his powers under this Law, shall be admissible in evidence in any proceedings under this Law before any court, where the person who made the statement or the document or the copy of the document is dead, or cannot be traced or found, or has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which appears to the court unreasonable. [Statements obtained by enforcement officers are admissible as are documents and copy documents when the person who made the statement or documents is dead or cannot be found.]

Article 71 Admissibility of translation documents (1) Where any document which is to be used in any proceedings against any person for an offence under this Law is in a language other than the national language, a translation of such document into the national language shall be admissible in evidence where the translation is accompanied by a certificate of the person who translated the document setting out that it is an accurate, faithful and true translation and the translation had been done by such person at the instance of the Public Prosecutor or an officer of any enforcement agency.

(2) Article 71 (1) shall apply to a document which is translated, regardless whether the document was made in or outside (insert country name), or whether the translation was done in or outside (insert country name), or whether possession of such document was obtained by the Public Prosecutor or an officer of any enforcement agency in or outside (insert country name). [Translations are admissible in evidence.]

Article 72 Evidence of corresponding law or foreign law

(1) A document purporting to be issued by or on behalf of the government of a foreign State and purporting to state the terms of (a) (b) a corresponding law in force in that foreign State; or a law in relation to a foreign serious offence in force in that foreign State,

shall be admissible in evidence for the purpose of proving the matters referred to in Article 72 (2) in any proceedings under this Law on its production by the competent authority or by any person duly authorized by him in writing. [A statement of the law of a foreign state given by the government of that state is sufficient evidence of what the law is in that state.]

(2)

A document shall be sufficient evidence (a) if issued by or on behalf of the government of the foreign State stated in the document; that the terms of the corresponding law or the law of the foreign State are as stated in the document; and that any fact stated in the document as constituting an offence under that law does constitute such offence.

(b) (c)

Article 73 Proof of conviction and acquittal (1) For the purposes of any proceedings under this Law, the fact that a person has been convicted or acquitted of an offence by or before any court in (insert country name) or by a foreign court shall be admissible in evidence for the purpose of proving, where relevant to any issue in the proceedings, that he committed or did not commit that offence, whether or not he is a party to the proceedings, and where he was convicted whether he was so convicted upon plea of guilt or otherwise.

(2) The court shall accept the conviction referred to in paragraph (1) as conclusive unless (a) (b) (c) it is subject to review or appeal that has not yet been determined; it has been quashed or set aside; or

the court is of the view that it is contrary to the interests of justice or the public interest to accept the conviction as conclusive. [conclusive = as being concluded matter--a matter found.] (3) A person proved to have been convicted of an offence under this Article shall be taken to have committed the act and to have possessed the state of mind, if any, which at law constitute that offence.

(4) Any conviction or acquittal admissible under this Article may be proved (a) in the case of a conviction or acquittal before a court in (insert country name), by a certificate of conviction or acquittal, signed by the Registrar [ or equivalent ] of that court; or in the case of a conviction or acquittal before a foreign court, by a certificate or certified official record of proceedings issued by that foreign court and duly authenticated by the official seal of a Minister of that foreign State, giving the substance and effect of the charge and of the conviction or acquittal.

(b)

Article 74 INDEMNITY [This is an important protection provision for officers of the AMLIU, etc.]

No action, suit, prosecution or other proceedings shall lie or be brought, instituted, or maintained in any court or before any other authority against (a) the Anti-Money Laundering Intelligence Unit or the relevant enforcement agency; any director or officer of the Anti-Money Laundering Intelligence Unit or the relevant enforcement agency, either personally or in his official capacity; or any person lawfully acting in compliance with any direction, instruction or order of a director or officer of the Anti-Money Laundering Intelligence Unit or the relevant enforcement agency, for or on account of, or in respect of, any act done or statement made or omitted to be done or made, or purporting to be done or made or omitted to be done or made, in pursuance of or in execution of, or intended pursuance of or execution of, this Law or any order in writing, direction, instruction or other thing issued under this Law if such act or statement was done or made, or was omitted to be done or made, in good faith.

(b)

(c)

Article 75 Service on Notices A letter containing a notice or other document to be served by an enforcement agency under this Law shall be deemed to be addressed to the proper place if it is addressed to the last known address of the addressee. Service may be by any method authorized by the Rules of the Peoples Supreme Court.

Article 76 Preservation of secrecy (1) Except for the purpose of the performance of his duties or the exercise of his functions under this Law or when lawfully required to do so by any court or under the provisions of any written law, no person shall disclose any information or matter which has been obtained by him in the performance of his duties or the exercise of his functions under this Law. (2) No person who has any information or matter which to his knowledge has been disclosed in breach of paragraph (1) shall disclose that information or matter to any other person. (3) Any person who contravenes Article 76 (1) or (2) commits an offence and shall be liable on conviction to a fine not exceeding XXXX (insert currency of the country) or to imprisonment for a term not exceeding one year or to both.

Article 77 Jurisdiction

[This Article increases the jurisdiction of the law to cover a citizenanywhere] (1) Any offence under this Law (a) on the high seas on board any ship or on any aircraft registered in the (insert the name of the country) ; by any citizen or any permanent resident on the high seas on board any ship or on any aircraft; or by any citizen or any permanent resident in any place outside and beyond the limits of (insert the name of the country), may be dealt with as if it had been committed at any place within (insert country name).

(b) (c)

(2) Notwithstanding anything in this Law, no charge as to any offence shall be inquired into in (insert country name) unless a diplomatic officer of (insert country name), if there is one, in the territory in which the offence is alleged to have been committed certifies that, in his opinion, the charge ought to be brought in (insert country name); and

where there is no such diplomatic officer, the sanction of the Public Prosecutor shall be required. (3) Any proceedings taken against any person under this Article which would be a bar to subsequent proceedings against that person for the same offence if the offence had been committed in (insert country name) shall be a bar to further proceedings against him under any written law relating to extradition or the surrender of fugitive criminals in force in (insert country name) in respect of the same offence in any territory beyond the limits of (insert country name). (4) For the purposes of this Article, the expression permanent resident has the meaning assigned by the (insert the appropriate immigration law)

Article 78 Power to issue guidelines, etc The Anti-Money Laundering Intelligence Unit may, upon consultation with the relevant supervisory authority, issue to a reporting institution such guidelines, circulars, or notices as are necessary or expedient to give full effect to or for carrying out the provisions of this Law and in particular for the detection or prevention of money laundering. A reporting institution shall comply with such guidelines as may be applicable.

Article 79 Regulations (1) The Minister of Finance, as the case may be, may make such regulations as are necessary or expedient to give full effect to or for carrying out the provisions of this Law.

(2)

Without prejudice to the generality of Article 79 (1), regulations may be made (a) to prescribe anything that is required or permitted to be prescribed under this Law;

(b)

to provide that any act or omission in contravention of any provision of such regulations shall be an offence; to provide for the imposition of penalties for such offences which shall not exceed a fine of XXXX (insert currency of the country and the amount of the fine) or imprisonment for a term not exceeding one year or both; and to provide for the imposition of an additional penalty for a continuing offence which shall not exceed XXXX (insert currency of the country and the amount of the fine) for each day that the offence continues after conviction.

(c)

(d)

Article 80 Amendment of Schedules The Minister of Finance may, by order published in a national newspaper, amend the First and Second Schedules.

Article 81 General offence

Any person who contravenes (a) (b) any provision of this Law or a Presidential Decree or regulations made under them; or any specification or requirement made, or any order in writing, direction, instruction, or notice given, or any limit, term, condition or restriction imposed, in the exercise of any power conferred under or pursuant to any provision of this Law or regulations made under it, commits an offence and shall on conviction, if no penalty is expressly provided for the offence under this Law or the regulations, be liable to a fine not exceeding XXXX (insert currency of the country).

Article 82 Offence committed by any person acting in an official capacity

(1) Where an offence is committed by a juridical entity or an association of persons, a person (a) (b) who is its director, controller, officer, or partner; or who is concerned in the management of its affairs, at the time of the commission of the offence, is deemed to have committed that offence unless that person proves that the offence was committed without his consent or connivance and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.

(2) An individual may be prosecuted for an offence under Article 82(1) notwithstanding that the juridical entity or association of persons has not been convicted of the offence. (3) Article 82(1) shall not affect the criminal liability of the juridical entity or association of persons for the offence referred to in that Article. (4) Any person who would have committed an offence if any act had been done or omitted to be done by him personally commits that offence and shall on conviction be liable to the same penalty if such act had been done or omitted to be done by his agent or officer in the course of that agents business or in the course of that officers employment, as the case may be, unless he proves that the offence was committed without his knowledge or consent and that he took all reasonable precautions to prevent the doing of, or omission to do, such act.

Article 83 Offence by individual

Where a person is liable under this Law to a penalty for any act, omission, neglect or default, he shall be liable to the same penalty for the act, omission, neglect or default of his employee, director, controller, or agent if the act, omission, neglect or default was committed by (a) (b) (c) (d) his employee in the course of the employees employment; his director in carrying out the function of a director; his controller in carrying out the function of a controller; or his agent when acting on his behalf.

Article 84 Falsification, concealment and destruction of documents, etc A person, with intent to deceive, in respect of a document to be produced or submitted under any provision of this Law, who makes or causes to be made a false entry, omits to make, or causes to be omitted, any entry, or alters, abstracts, conceals or destroys, or causes to be altered, abstracted, concealed or destroyed, any entry, forges a document, or makes use of or holds in his possession a false document, purporting to be a valid document, alters any entry made in any document, or issues or uses a document which is false or incorrect, wholly or partially, or misleading commits an offence and on conviction shall be liable to a fine not exceeding XXXX ( insert currency of the country and the amount of the fine) or to a term of imprisonment not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding xxxx (insert currency of the country and the amount of the fine ) for each day during which the offence continues after conviction.

Article 85 Joinder of Offences Notwithstanding anything contained in any other written law, where a person is accused of more than one offence under this Law, he may be charged with and tried at one trial for any number of the offences committed within any length of time.

[An offense under this law may be put with offenses under any other law and heard at the same time.]

Article 86 Prosecution to be authorized

No prosecution for an offence under this Law shall be instituted except by or with the written consent of the Public Prosecutor. Commencement Insert usual commencement provisions. Some countries place this at the start of the law.

FIRST SCHEDULE [Article 3, definition of serious offence] participation in an organized criminal group and racketeering; terrorism, including terrorist financing; trafficking in human beings and migrant smuggling; sexual exploitation, including sexual exploitation of children; illicit trafficking in narcotic drugs and psychotropic substances; illicit arms trafficking; illicit trafficking in stolen and other goods; corruption and bribery; fraud; counterfeiting currency; counterfeiting and piracy of products; environmental crime; murder, grievous bodily injury; kidnapping, illegal restraint and hostage-taking; robbery or theft; smuggling; extortion; forgery; piracy; and insider trading and market manipulation.

And any other crime in respect of which a penalty may include a sentence to prison for a period of one year or more. [The wording of this clause and a decision to insert it, is a policy matter requiring a decision to be made. It is recommended that this form be adopted, as it removes the need to amend this law when new offences are to be introduced]

SECOND SCHEDULE [ Article 14] DETAILS TO BE INCLUDED IN SUSPICIOUS TRANSACTION REPORTS 2 3 4 5 5 6 The name and address of the financial institution, including the branch of the institution (if applicable) at which the transaction was conducted. The nature of the transaction. The date of the transaction. The total amount involved in the transaction. The type of currency involved in the transaction. For each person conducting the transaction with the financial institution: (a) (b) (c) (d) (e) (f) (g) 7 the name of the person; and the business or residential address of the person; and the occupation, business or principal activity of the person; and the date of birth of the person; and the signature of the person; and the method used by the financial institution to verify the identity of the person; and whether the transaction was conducted on behalf of the person or on behalf of another person.

For any person on whose behalf the transaction was conducted: (a) (b) the name of the person; and the address of the person; and

(c) 8

the occupation of the person (or, where appropriate, the business or principal activity of the person).

The type and identifying number of any account with a financial institution that is affected by the transaction.