JAMAICA Law and Practice Contributed by: M. Georgia Gibson Henlin CD and KC, Henlin Gibson Henlin
Furthermore, the authorised officer varies depend - ing on the action being addressed under the Act. For example, the authorised officer regarding seizure of property when enforcing a Restraint Order may be a constable, a customs officer, an officer of the Agency or any person designated by the Minster (Section 36). On the other hand, authorised officers for recovery of cash in summary proceedings do not include an officer of the Agency (Section 55). TPA The definition for the responsible body also varies depending on the section of the Act. This is seen, for example, where the competent authority monitor - ing the implementation of policies and procedures of entities is the Minister responsible for finance or such other persons he designates in writing (Section 18 (5)). While the relevant authority enforcing an order may either be the FID or the DPP (Section 2). Likewise, search warrants would be enforced by the Constable named in the warrant (Section 23). 2.2.2 Breaching Sanctions Breaching sanctions can amount to a criminal offence, depending on the breach. The potential penalties for criminal liability are narrowed to either a fine, or term of imprisonment or both. The amount for each will depend on the sanction breached and the legislation governing that sanction. For example, under Section 98 POCA, a person or entity who fails to make a suspicion report where appropriate will be liable on conviction: • before the Parish Court, to a fine not exceeding JMD1 million or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment; or • before the Circuit Court, to a fine or imprisonment for a term not exceeding ten years or to both such fine and imprisonment. Similarly, under Section 16 TPA, failure to make a sus - picious transaction report amounts to liability on sum - mary conviction in the Parish Court to: • a fine not exceeding JMD1 million or to imprison - ment for a term not exceeding 12 months, or to
both such fine and imprisonment in relation to an individual; or • a fine not exceeding JMD3 million for a body cor - porate.
2.2.3 Civil Enforcement Action This is not applicable in Jamaica. 2.2.4 Criminal Enforcement Action This is not applicable in Jamaica. 2.2.5 Mitigation
Under the main pieces of legislation (POCA and TPA) there are steps a person can take which would cause them not to face liability for breaching certain offenc - es. POCA – Sections 93-95 Persons liable for committing the offence of conceal - ing criminal property, or acquisition, use and pos - session of criminal property can be absolved of their liability if: • before committing the stipulated acts to conceal they: (a) made an authorised disclosure and had appro - priate consent to act; or (b) had intended to make the disclosure but had a reasonable excuse for not doing so; (c) made a disclosure on their own initiative when reasonably practicable after committing the act; (d) committed the act in good faith relating to enforcement of legislation; or (e) acquired, used or had possession of the prop - erty bona fide without knowing it was criminal property. Persons in the regulated sector have a defence against non-disclosure where they: • have a reasonable excuse for not disclosing the information; • are an attorney-at-law and the information is pro - tected under legal privilege; • are unaware that the suspect is engaged in money laundering; or
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