JAMAICA Law and Practice Contributed by: M. Georgia Gibson Henlin CD and KC, Henlin Gibson Henlin
7. Designation, Compliance and Circumvention 7.1 Executive Body
• oil of gin/cognac; • rum colouring solutions/liquid extracts; • spirits and wine; • fictitious stamps; and • sugar.
Under both pieces of legislation (POCA and TPA), the designated authority is the Chief Technical Director of the FID of the Ministry responsible for finance, or such other person as may be designated by the Minister by order. 7.2 Scope of Designation There are no provisions which impose indirect desig - nation of entities/persons due to them being owned/ controlled by a directly designated person. However, there are risks involved with persons affiliated with directly designated persons. For example, TPA Sec - tion 15 indicates that entities which are in posses - sion/control of property that is owned/controlled by or behalf of a listed entity must make the relevant required report to the FID every fourth calendar month. Failure to carry out this obligation will result in criminal liability. Moreover, while designation is not automatic, under Section 14, an application can be made by the DPP for an entity to be treated as a listed entity where the DPP has reasonable grounds to believe that the entity has knowingly acted on behalf of/in association with/ at the direction of an entity listed by the UNSC. 7.3 Circumvention 7.3.1 Prohibiting Provisions Section 101A of POCA implements a transaction limit for cash transactions of JMD1 million or its equivalent in any other currency. However, this limitation is not imposed on a permitted person as defined under the Banking Services Act. Permitted persons may carry out cash transactions above the threshold with other persons who are not permitted, however, they must ensure that they are not enabling a financial crime or breach of any law. The Guidance on the Prevention of Money Launder - ing and Countering the Financing of Terrorism, Pro - liferation and Managing Related Risks, Section 25 (d), expresses that a permitted person is tasked with ensuring all checks are done based on the circum - stances to satisfy itself that the transaction is not
Notably, there are exceptions to some of the items noted. However, it is recognised that there is a strict prohibition on the importation of: • pork and pork products (excluding in hermetically sealed cans/ tins) from the USA; • beef, beef products and by-products from Canada; • certain brands of crayons from China and Thailand; and • from any country: (a) honey; (b) coin-base or counterfeit imitation coin of any country; Section 41 of the Customs Act indicates that goods prohibited from being exported include, with excep - tions: • arms, ammunition and military and naval stores; and • spirits and wine. There is also an issue with the export of bauxite due to sanctions imposed on UC Rusal, a Russian com - pany. UC Rusal operates Windalco which is located in Ewarton, Jamaica. (c) indecent/obscene prints; (d) rum colouring solutions; (e) opium and dangerous drugs; and (f) race dogs. Exportation
6. Civil Litigation and Arbitration 6.1 Force Majeure This is not applicable in this jurisdiction. 6.2 Enforcement This is not applicable in this jurisdiction.
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