MISCELLANEOUS AND GENERAL

196. The offences to which an Order in Council under sections 32 and 34 (3) of the Extradition Act 1989 of the United Kingdom and section 2 of the Extradition Act of 1870 also of the United Kingdom can apply shall include -

(a) offences under this Law;

(b) any conspiracy to commit such an offence; and (c) any attempt to commit an offence under this Law.

197. Where property is lawfully confiscated or forfeited under this Law and all proceedings or appeal processes have been exhausted or are time-barred, no third party shall be entitled to make a claim to that property and no such claim shall be entertained by a court of law or any other person or authority.

198. Notwithstanding any other law or rule of court, costs shall not be awarded against the Attorney-General -

(a) where, under this Law or any other law-

(i) the Attorney-General has applied by written notice to the Grand Court for the grant or enforcement of a confiscation order;

(ii) the Attorney-General has made an application for a restraint order or related order;

Extradition where Schedule 1 to the Extradition Act 1989 applies

No third party claims on confiscated or forfeited property

Costs

(iii) the Attorney-General has made an application for an order under Part IV;

(vi) the Attorney-General, on behalf of the government of a foreign country, has made an application for an order under this Law;

and the Grand Court determines that it will not make the order concerned; or

(b) where the Grand Court has varied or discharged an order made under this Law;

unless it is shown to the satisfaction of the Grand Court that the Attorney-General’s application in relation to the order concerned was made in bad faith or was frivolous or vexatious.

199. Any person involved in the formation or operation of a company or other business entity (at whatever level) that is formed for a criminal purpose shall be deemed to fall within the provisions of this Law unless he can show on a balance of probabilities that he did not know or cannot be expected to have known that the company or business entity concerned was formed for a criminal purpose.

200. (1) Section 20 of the Terrorism Law is amended by repealing subsection (2) and substituting the following -

“(2) A person commits an offence if -

(a) he uses property for the purpose of terrorism;

(b) he possesses property and intends that it should be used, or has reasonable cause to suspect that it may be used, for the purpose of terrorism;

(c) he possesses or acquires property which he knows or has reasonable cause to suspect has been used, directly or indirectly, in the commission of an act of terrorism; or (d) acquires property as a result of or in connection with acts of

terrorism.”.

(2) Schedule 2, paragraph 5 (1) (a), of the Terrorism Law is amended by deleting the words “sections 19 to 22” and substituting the words “sections 19 to 22 and section 200 of the Proceeds of Crime Law, 2008”.

201. (1) The Governor in Cabinet may make regulations for giving effect to this Law and such regulations may -

(a) make different provision for different purposes;

(b) provide for the making of immediate and interim short-term restraint orders not exceeding seventy-two hours;

Companies and other

(c) prescribe that confiscation orders be applied for only by such person as the regulations may specify;

(d) specifying the need or otherwise for a prosecuting attorney where an application is made for a production order, it being understood that in the absence of such regulations, prosecuting attorney need not be present;

(e) limiting, in exceptional circumstances, the recovery of costs of complying with orders of the Grand Court, subject only to section 198; and

(f) make supplementary, incidental, saving or transitional provisions.

(2) Without limiting the generality of subsection (1) the Governor may by order make such provision as he considers appropriate for or in connection with -

(a) enabling confiscation orders under this Law but such order may not enable a confiscation order to be made by any summary court in respect of an amount exceeding one hundred thousand dollars;

(b) the appointment of an Official Receiver of property that may be confiscated or restrained under this Law, and such Official Receiver shall also be Trustee for Civil Recovery for purposes of this Law, and, in the Governor’s discretion, may undertake this work exclusively or simultaneously with any other position he may hold in government).

(3) The Governor in Cabinet may, on the recommendation of the Anti-Money Laundering Steering Group, by Order, designate a jurisdiction as one which has serious deficiencies in its compliance with recognized international standards for combating money laundering and the financing of terrorism and therefore require that no dealings be conducted with that jurisdiction or that enhanced due diligence be applied to -

(a) transactions involving certain entities or classes of entities; or (b) certain transactions or classes of transaction.

(4) In making the recommendation under subsection (3) the matters to be considered by the Steering Group, the form, duration and effect of the Order shall be prescribed by the Governor in Cabinet.

202. The following are repealed -

(a) the Proceeds of Criminal Conduct Law (2007 Revision); and (b) sections 31 to 42 and 46 to 48 of the Misuse of Drugs Law (2000

Revision).

203. Notwithstanding section 202 -

Repeals

(2007 Revision) (2000 Revision)

Savings

(a) proceedings in respect of a criminal offence or a suspected criminal offence or relating to any matter

provided for under the Proceeds of Criminal Conduct Law (2007 Revision) or the (Misuse of Drugs Law (2000 Revision) which had

commenced before the date of the commencement of this Law shall proceed and be determined as if the Proceeds of Criminal Conduct Law (2007 Revision) or the repealed provisions of the Misuse of Drugs Law (2000 Revision) continue to have effect;

(b) proceedings in respect of a criminal offence or a suspected criminal offence or relating to any matter provided for under the Criminal Justice (International Co-operation)

Law (2004 Revision) which had commenced

before the date of the commencement of this Law shall proceed and be determined as if the Proceeds of Criminal Conduct Law (2007 Revision) continues to have effect, but this paragraph shall not be read so as to restrict the general operation of the Criminal Justice International Co-operation Law (2004 Revision) in relation to matters not falling within the scope of this Law; and (c) the Misuse of Drugs (Drug Trafficking Offences) (Designated

Countries) Order, 1991 and any regulations made thereunder and in force at the commencement of this Law shall, to the extent that they are not inconsistent with this Law, continue to be valid as if made under this Law;

(d) regulations made under the Proceeds of Criminal Conduct Law (2007 Revision) and which are in force at the commencement of this Law shall be deemed to have been made under this Law so long as they are not inconsistent with this Law;

(e) guidance notes made under regulations referred to in paragraph (d) which are in force at the commencement of this Law shall be deemed to have been made under the regulations saved by that paragraph so long as the notes are not inconsistent with the regulations or this Law.

SCHEDULE 1