Revised Laws of Saint Lucia (2021)

2.   Interpretation

1.  

   In this Act, unless the context otherwise requires—

“1267 Committee” means the Committee established pursuant to United Nations Security Council Resolution 1267 (1999) and its successors; (Inserted by Act 28 of 2019)

“1988 Committee” means the Committee established pursuant to United Nations Security Council Resolution 1988 (2011) and its successors; (Inserted by Act 28 of 2019)

“1267 List” means the Sanctions List prepared by the 1988 Committee; (Inserted by Act 28 of 2019)

“1988 List” means the Sanctions List prepared by the 1988 Committee; (Inserted by Act 28 of 2019)

“communication” means a communication received or transmitted by post or a telegraphic, telephonic or other communication received or transmitted by electricity, magnetism, or other means;

“communications service provider” means a person who provides services for the transmission or reception of communications;

“competent authority” means the—

1.  

   (a)     Attorney General's Chambers;

1.  

   (b)     Financial Intelligence Authority;

1.  

   (c)     Financial Services Regulatory Authority;

1.  

   (d)     Customs and Excise Department;

1.  

   (e)     Royal Saint Lucia Police Force;

1.  

   (f)     Ministry responsible for external affairs;

(Inserted by Act 28 of 2019)

“control” means the power of a person, acting alone, with or through another person, to—

1.  

   (a)     exercise more than 50% of the voting rights at a general meeting of an entity;

1.  

   (b)     elect a majority of the directors of an entity; or

1.  

   (c)     exercise influence that, if exercised, would result in dominance over the entity;

(Inserted by Act 28 of 2019)

“counter terrorism convention or convention” means any of the following Conventions—

1.  

   (a)     Convention on Offences and certain Other Acts committed on Board Aircraft signed at Tokyo on 14 September 1963;

1.  

   (b)     Convention for the Suppression of Unlawful Seizure of Aircraft done at The Hague on 16 December 1970;

1.  

   (c)     Convention for the Suppression of Unlawful Acts Against Safety of Civil Aviation, done at Montreal on 23 September 1971;

1.  

   (d)     Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents adopted by the General Assembly of the United Nations on December 1973;

1.  

   (e)     International Convention against the taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979;

1.  

   (f)     Convention on the Physical Protection of Nuclear Material adopted at Vienna on 3 March 1980;

1.  

   (g)     Protocol for the Suppression of Unlawful Acts of Violence, at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the safety of Civil Aviation, done at Montreal on 24 February 1988;

1.  

   (h)     Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988;

1.  

   (i)     Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on 10 March 1988;

1.  

   (j)     Convention on the Marking of Plastic Explosives for the Purposes of Detection, signed at Montreal, on 1 March 1991;

1.  

   (k)     International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997;

1.  

   (l)     International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999;

1.  

   (m)     The Inter-American Convention Against Terrorism adopted by the OAS General Assembly in Barbados on 3rd June, 2002;

1.  

   (n)     Treaty on the Non-Proliferation of Nuclear Weapons, done in New York on 12 June, 1968; (Inserted by Act 28 of 2019)

1.  

   (o)     Convention on the Prohibition of the Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, done in Washington on 10 April, 1972; (Inserted by Act 28 of 2019)

1.  

   (p)     Convention on the Prohibition of the Development, Production, and use of Chemical Weapons and on their Destruction, done in Paris on 13 January, 1993; (Inserted by Act 28 of 2019)

“designated entity” means an entity—

1.  

   (a)     listed on the 1267 List or the 1988 List; and

1.  

   (b)     deemed to be a specified entity under section 4(2);

1.  

   (Inserted by Act 28 of 2019)

“economic resources” means assets, whether tangible or intangible, movable or immovable, that are not funds but can be used to obtain funds, goods or services; (Inserted by Act 28 of 2019)

“entity” means a person, group, trust, partnership, fund or an unincorporated association or organisation;

“explosive or other lethal device” means—

1.  

   (a)     an explosive or incendiary weapon or device that is designed or has the capability to cause death, serious bodily injury or substantial material damage;

1.  

   (b)     a weapon or device that is designed or has the capability to cause death, serious bodily injury or substantial material damage;

“financial institution” means—

1.  

   (a)     an entity licensed under the Banking Act;

1.  

   (b)     a building society registered under the Building Societies Act;

1.  

   (c)     a credit union registered under the Co-operative Societies Act;

1.  

   (d)     an insurance company registered under the Insurance Act;

1.  

   (e)     an entity listed under Schedule 1 of the Financial Services Regulatory Authority Act;

1.  

   (f)     a registered agent and trustee licensed under the Registered Agent and Trustee Licensing Act;

1.  

   (g)     an entity registered under the International Trusts Act;

1.  

   (h)     an entity licensed under the Money Services Business Act; or

1.  

   (i)     a person licensed as a dealer or investment adviser under the Securities Act;

(Substituted by Act 28 of 2019)

“Financial Intelligence Authority” means the Financial Intelligence Authority established under section 3 of the Financial Intelligence Authority Act or any enactment replacing it;

“freezing order” means an order made by the court under section 22A(3); (Inserted by Act 28 of 2019)

“funds” means financial assets and benefits, including —

1.  

   (a)     cash, cheque, claim on money, bank draft, money order, and other payment instrument;

1.  

   (b)     a deposit with a financial institution or other person, a balance on an account, a debt and debt obligation;

1.  

   (c)     publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative products;

1.  

   (d)     interest, dividends and other income or value accruing from or generated by assets;

1.  

   (e)     credit, rights of set-off, guarantees, performance bonds and other financial commitments;

1.  

   (f)     a letter of credit, bill of lading and bill of sale; or

1.  

   (g)     a document, whether electronic or digital, that provides evidence of an interest in funds or financial resources;

(Inserted by Act 28 of 2019)

“Master” in relation to a vessel, means the owner or person (except a harbour master or pilot) having for the time being command or charge of the vessel;

“Minister” means the Minister responsible for justice;

“operator” in relation to an aircraft, means the owner or person for the time being in charge or command or control of the aircraft;

“other business activity” has the meaning assigned to it under section 2 of the Money Laundering (Prevention) Act; (Inserted by Act 28 of 2019)

“person” includes any entity, natural or juridical, a corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, or other unincorporated organization or group, capable of acquiring rights or entering into obligations; (Inserted by Act 28 of 2019)

“property”—

1.  

   (a)     means a legal or an equitable interest, whether full or partial, in funds or economic resources;

1.  

   (b)     includes funds and economic resources, whether situated in Saint Lucia or elsewhere;

(Inserted by Act 28 of 2019)

“specified entity” means an entity in respect of which an Order under section 3 has been made, or is deemed by reason of the operation of section 4(2) to have been made, and is for the time being in force;

“terrorist act” means—

1.  

   (a)     an act or omission in or outside Saint Lucia which constitutes an offence within the scope of a counter terrorism convention;

1.  

   (b)     an act or threat of action in or outside Saint Lucia which—

   1.  

      (i)     involves serious bodily harm to a person,

   1.  

      (ii)     involves serious damage to property,

   1.  

      (iii)     endangers a person's life,

   1.  

      (iv)     creates a serious risk to the health or safety of the public or a section of the public,

   1.  

      (v)     involves the use of firearms or explosives,

   1.  

      (vi)     involves releasing into the environment or any part thereof or distributing or exposing the public or any part thereof—

      1.  

         (aa)     any dangerous, hazardous, radioactive or harmful substance,

      1.  

         (ab)     any toxic chemical,

      1.  

         (ac)     any microbial or other biological agent or toxin,

   1.  

      (vii)     is designed or intended to disrupt any computer system by the provision of services directly related to communications infrastructure, banking or financial services, utilities transportation or other essential infrastructure,

   1.  

      (viii)     is designed or intended to disrupt the provision of essential emergency services such as police, civil defence or medical services,

   1.  

      (ix)     involves prejudice to national security or public safety,

1.  

   and is intended, or by its nature and context, may reasonably be regarded as being intended to—

   1.  

      (aa)     intimidate the public or a section of the public, or

   1.  

      (ab)     compel a government or an international organization to do, or refrain from doing, any act, and

   1.  

      (ac)     is made for the purpose of advancing a political, ideological, or religious cause;

   1.  

      (c)     an act which—

      1.  

         (i)     disrupts any services, and

      1.  

         (ii)     is committed in pursuance of a protest, demonstration or stoppage of work,

   1.  

           shall be deemed not to be a terrorist act within the meaning of this definition, so long and so long only as the act is not intended to result in any harm referred to in sub-paragraphs (i), (ii), (iii) or (iv) of paragraph (b);

“terrorist group” means—

1.  

   (a)     an entity that has as one of it's activities and purposes, the committing of, or the facilitation of the commission of, a terrorist act; or

1.  

   (b)     a specified entity;

“terrorist property” means—

1.  

   (a)     proceeds from the commission of a terrorist act;

1.  

   (b)     property which has been, is being, or is likely to be used to commit a terrorist act;

1.  

   (c)     property which has been, is being, or is likely to be used by a terrorist group;

1.  

   (d)     property owned or controlled by or on behalf of a terrorist group; or

1.  

   (da)     property derived or generated from property owned or controlled, directly or indirectly, by a terrorist group; (Inserted by Act 28 of 2019)

1.  

   (e)     property which has been collected for the purpose of providing support to a terrorist group or funding a terrorist act;

“vessel” means any thing made or adapted for the conveyance by water, or people or property;

“weapon” includes a firearm, explosive, chemical, biological or nuclear weapon.