Revised Laws of Saint Lucia (2021)

22E.   Application for review of freezing order by specified entity

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    (1)   Within sixty days after the date of publication of a freezing order under section 22A(5), a specified entity that is not listed on the 1267 List or the 1988 List may apply to the court for a review of the freezing order, and shall notify the Attorney General of the application.

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    (2)   On an application made to the court under subsection (1), the court may—

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      (a)     hear evidence that may be presented by the Attorney General and may, at the request of the Attorney General, hear all or part of that evidence or information in the absence of the applicant or an attorney-at-law representing the applicant, if the court is of the opinion that the disclosure of the information would be prejudicial to national security or endanger the safety of a person;

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      (b)     provide the applicant with a statement summarising the information available to the court, so as to enable the applicant to be reasonably informed of the reasons for the making of the freezing order, without disclosing any information, the disclosure of which would, in the opinion of the court, be prejudicial to national security or endanger the safety of a person;

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      (c)     provide the applicant with a reasonable opportunity to be heard; and

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      (d)     determine whether the freezing order should be set aside on the basis of the information available to the court and, if the court determines that the freezing order should be set aside, direct that the freezing order be set aside.

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    (3)   For the purposes of an application for a review of a freezing order under this section, the court may receive in evidence anything that, in the opinion of the court, is reliable and relevant.

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    (4)   On an application to the court under subsection (1), the court shall, if satisfied that the circumstances specified under section 22A(1)(a) do not continue to exist in respect of a specified entity, make an order to set aside the freezing order, which must be—

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      (a)     published in the Gazette and in two newspapers of general circulation in Saint Lucia; and

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      (b)     served on the Financial Intelligence Authority or the Attorney General, if the Attorney General is not a party to the proceedings.

(Inserted by Act 28 of 2019)