22A. Attorney General to make application for freezing order
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(1) The Attorney General shall immediately apply to the court for a freezing order—
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(a) to freeze property in circumstances where the property is—
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(i) owned or controlled by a specified entity,
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(ii) wholly or jointly owned or controlled, directly or indirectly, by a specified entity, or
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(iii) derived or generated from funds or other assets that is owned or controlled directly or indirectly by a specified entity;
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(b) to prohibit a specified entity from possessing, controlling or having access to property or economic resources.
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(2) An application under subsection (1) must be—
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(a) made ex parte; and
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(b) accompanied by an affidavit deposing to circumstances referred to under subsection (1)(a).
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(3) Subject to section 22B, a freezing order may—
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(a) be made subject to any condition that the court considers reasonable;
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(b) prohibit a specified entity from possessing or controlling cash in excess of an amount specified by the court;
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(c) indicate into which account held in a financial institution any excess cash must be deposited;
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(d) make provisions as is just in the circumstances to preserve the rights of a bona fide third party acting in good faith.
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(4) Notwithstanding subsection (3)(b), where a specified entity is in possession of cash in excess of an amount specified in the freezing order, the specified entity shall deposit the excess amount into a bank account owned by the specified entity in Saint Lucia, as specified by the court.
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(5) The Attorney General shall serve the freezing order on—
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(a) the specified entity named in the freezing order;
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(b) a financial institution;
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(c) a person engaged in other business activity; and
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(d) any other person likely to be affected by the freezing order, which may include a person with the same or similar name to a specified entity,
and cause the freezing order to be published in the Gazette and in at least two newspapers of general circulation in Saint Lucia.
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(6) If the Attorney General reasonably believes that a specified entity that is the subject of a freezing order has funds in another country, he or she may apply to the relevant authorities in that country for the enforcement of the freezing order.
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(7) If the court gives a direction for the administration of frozen property, the person on whom the duty to administer the property is imposed is not liable—
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(a) for any loss or damage to the property;
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(b) for the costs of proceedings taken to establish a claim to the property; or
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(c) to a person having an interest in the property,
unless the court in which the claim is made is of the opinion that the person has been negligent in respect of taking of custody or control of the property.
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(8) The Government is not liable for damages or costs arising directly or indirectly from the making of a freezing order unless it is proved on a balance of probability that the application for the freezing order was made in bad faith.
(Inserted by Act 28 of 2019)