TONGA

MONEY LAUNDERING AND PROCEEDS OF CRIME (AMENDMENT) ACT 2005

Act 15 of 2005

AN ACT TO AMEND THE MONEY LAUNDERING AND PROCEEDS OF CRIME ACT 2000

I assent,
TAUFA'AHAU TUPOU IV,
10th January, 2006

[6th October, 2005]

BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. (1) This Act may be cited as the Money Laundering and Proceeds of Crime (Amendment) Act 2005.

(2) The Money Laundering and Proceeds of Crime Act 2000 is in this Act referred to as the Principal Act.

2. The Principal Act is amended by adding after section 22, the following new sections:

"22A Disclosure of information.

For the purposes of this section, unless the context otherwise requires:

"specified entity" shall mean a person or entity or group specified as such by a resolution of the security council of the United Nations that the Attorney General has with the consent of Cabinet by notice in the Gazette prescribed.

22B Disclosure.

(1) A financial institution shall immediately inform the Transaction Reporting Authority of the existence of any property in its possession or control:

(a) that is owned or controlled, directly or indirectly, by or for a specified entity, including property derived or generated from that property; or

(b) for which there are reasonable grounds to suspect is property of a kind mentioned in paragraph (a).

(2) The Transaction Reporting Authority shall inform the Attorney General or any other appropriate authority of a foreign country, of any information it has about any property under subsection (1).

(3) Information may be given under subsection (2) subject to any conditions that the Transaction Reporting Authority determines.

(4) A financial institution shall inform the Transaction Reporting Authority about every dealing that occurs in the course of its activities and for which there are reasonable grounds to suspect is related to the commission of an act of terrorism.

(5) An "act of terrorism" means an act which

(a) may seriously damage a country or an international organisation;

(b) is intended or can reasonably be regarded as having been intended to

(i) seriously intimidate a population;

(ii) unduly compel a Government or an international organisation to perform or abstain from performing any act; or

(iii) seriously destabilise or destroy the fundamental, political, constitutional, economic or social structures of a country or an international organisation; and

(c) involves or causes

(i) an attack upon a person's life which causes death;

(ii) an attack upon the physical integrity of a person;

(iii) the kidnapping of a person;

(iv) extensive destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property, likely to endanger human life or result in major economic loss;

(v) the seizure of an aircraft, a ship or other means of public or goods transport;

(vi) the manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of nuclear, biological or chemical weapons as well as research into, and development of biological and chemical weapons;

(vii) the release of dangerous substances, or causing of fires, explosions or floods, the effect of which is to endanger human life; or

(viii) interference with or disruption of the supply of water, power or any other fundamental natural resource, the effect of which is to endanger human life.

22C Exemption.

(1) No civil or criminal proceedings may be brought against a person for making a disclosure or report, under section 22B.

(2) Nothing in section 22B shall require a lawyer to disclose a privileged communication, other than information about a financial transaction recorded for a trust account of the lawyer within the meaning of the Law Practitioners Act 1989.

(3) A person who receives information under section 22B shall not disclose the information or its source except:

(a) for the purposes of:

(i) the enforcement of this Act;

(ii) the detection, investigation or prosecution of an offence under this Act; or

(iii) providing assistance under the Mutual Assistance in Criminal Matters Act 2000; or

(b) in accordance with an order of a court.

(4) Any person who contravenes section 22B shall be guilty of an offence and upon conviction shall be liable to imprisonment for a term not exceeding 15 years."

Passed in the Legislative Assembly 6 October, 2005.

--------------------------------------------