Revised Laws of Saint Lucia (2021)

3.   Orders declaring certain entities to be specified entities

1.  

   (1)   A competent authority, other than the Financial Intelligence Authority, that is in possession of information that an entity meets the following criteria, namely—

   1.  

      (a)     that the entity—

      1.  

         (i)     committed,

      1.  

         (ii)     attempted to commit,

      1.  

         (iii)     participated in committing, or

      1.  

         (iv)     facilitated the commission of,

1.  

   a terrorist act;

   1.  

      (b)     that the entity is owned or controlled, directly or indirectly, by an entity referred to under paragraph (a);

   1.  

      (c)     that the entity is acting on behalf of, at the direction of or in association with an entity referred to under paragraph (a),

shall immediately submit that information to the Financial Intelligence Authority and the Financial Intelligence Authority shall forward the information to the Attorney General.

(Substituted by Act 28 of 2019)

1.  

   (1A)   If the Attorney General receives information referred to under subsection (1) from the Financial Intelligence Authority and the Attorney General has reasonable grounds to believe that—

   1.  

      (a)     an entity has knowingly—

      1.  

         (i)     committed,

      1.  

         (ii)     attempted to commit,

      1.  

         (iii)     participated in committing, or

      1.  

         (iv)     facilitated the commission of,

1.  

   a terrorist act;

   1.  

      (b)     an entity is owned or controlled, directly or indirectly, by an entity under paragraph (a);

   1.  

      (c)     an entity is knowingly acting on behalf of, at the direction of, or in association with an entity referred to under paragraph (a),

the Attorney General may, by Order published in the Gazette, declare an entity to be a specified entity.

(Inserted by Act 28 of 2019)

1.  

   (1B)   If a country requests that Saint Lucia lists an entity pursuant to United Nations Security Council Resolution 1373 and the Attorney General has reasonable grounds to believe that an entity satisfies the following criteria, namely—

   1.  

      (a)     an entity has knowingly —

      1.  

         (i)     committed,

      1.  

         (ii)     attempted to commit,

      1.  

         (iii)     participated in committing, or

      1.  

         (iv)     facilitated the commission of,

1.  

   a terrorist act;

   1.  

      (b)     an entity is owned or controlled, directly or indirectly, by an entity referred to under paragraph (a);

   1.  

      (c)     an entity is knowingly acting on behalf of, at the direction of or in association with an entity referred to under paragraph (a),

the Attorney General may, by Order published in the Gazette, declare that entity to be a specified entity.

(Inserted by Act 28 of 2019)

1.  

   (1C)   If the Attorney General receives information referred to under subsection (1) from the Financial Intelligence Authority concerning an entity that is located in a another country, the Attorney General may make a request to that country for that country to list that entity pursuant to United Nations Security Council Resolution 1373. (Inserted by Act 28 of 2019)

1.  

   (1D)   If the Attorney General makes a request to another country under subsection (1C) for that country to list an entity pursuant to United Nations Security Council Resolution 1373, the Attorney General must provide a record of the case in respect of the entity, including—

   1.  

      (a)     sufficient identifying information to allow for the accurate and positive identification of the entity; and

   1.  

      (b)     evidence that the entity meets the criteria set out under subsection (1A)(a) for listing pursuant to United Nations Security Council Resolution 1373; and

   1.  

      (c)     particulars of the facts on which the request is being made.

(Inserted by Act 28 of 2019)

1.  

   (2)   Within 30 days of publication in the Gazette, a specified entity may make an application in writing to the Attorney General for the revocation of an Order made under subsection (1), or deemed under section 4 to have been made, in respect of that entity.

1.  

   (3)   If, on an application made under subsection (2), the Attorney General—

   1.  

      (a)     decides that there are reasonable grounds for revocation, he or she shall revoke the Order, and publish a notice of revocation in the Gazette, and shall immediately, and in any case within forty-eight hours, give written notice of the revocation to—

      1.  

         (i)     the specified entity,

      1.  

         (ii)     the Financial Intelligence Authority,

      1.  

         (iii)     the Financial Services Regulatory Authority,

      1.  

         (iv)     the Royal Saint Lucia Police Force,

      1.  

         (v)     the Ministry responsible for external affairs, and

      1.  

         (vi)     any other person that the Attorney General considers appropriate;

1.  

   (Amended by Act 28 of 2019)

   1.  

      (b)     decides that there are no reasonable grounds for revocation, he or she shall refuse the application and shall, within 60 days of receiving the application, inform the applicant of his or her decision.

1.  

   (4)   Within 30 days of receiving information of the decision referred to in subsection (5), the applicant may apply, on notice to the Attorney General, to a Judge of the High Court for a review of that decision.

1.  

   (5)   Upon an application being made under subsection (4), the judge shall—

   1.  

      (a)     examine in chambers, any security or intelligence reports considered in recommending or making an Order under subsection (1) in respect of the applicant and hear any other evidence or information that may be presented by or on behalf of the Attorney General and may, at the request of the Attorney General, hear all or part of the evidence or information in the absence of the applicant or any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would be prejudicial to national security or endanger the safety of any person; (Amended by Act 28 of 2019)

   1.  

      (b)     provide the applicant with a statement summarizing the information available to the judge, so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the judge's opinion, be prejudicial to national security or endanger the safety of any person;

   1.  

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

   1.  

      (d)     determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, make an order compelling the Attorney General to revoke the Order made, or deemed to have been made, under subsection (1), in respect of the applicant.

1.  

   (6)   The judge may receive in evidence, anything (including information obtained from the government or institution or agency of a foreign state or an international organisation), that, in the opinion of the judge, is reliable and relevant, even if the thing would not otherwise be admissible in law, and may base his or her decision on that evidence.

1.  

   (7)   The Attorney General shall review all the Orders made under subsection (1), every 6 months to determine whether there are still reasonable grounds for any such Order to continue to apply to a specified entity, and if he or she determines that there are no such reasonably grounds, shall recommend the revocation of the Order made under subsection (1), in respect of that specified entity.