(1) If a person enters into or is otherwise concerned in an arrangement whereby—
(a) the retention or control by or on behalf of another (call him or her “A”) of the proceeds of drug trafficking by A is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or
(b) the proceeds of drug trafficking by A—
(i) are used to secure that funds are placed at A's disposal, or
(ii) are used for A's benefit to acquire property by way of investment,
knowing or suspecting or having reasonable grounds to suspect that A is a person who carries on or has carried on drug trafficking, he or she is guilty of an offence.
(2) Where a person discloses to a police officer a suspicion or belief that any funds or investments are derived from or used in connection with drug trafficking or any matter on which a suspicion or belief is based—
(a) the disclosure is not a breach of any restriction upon the disclosure of information imposed by contract; and
(b) if he or she does any act in contravention of subsection (1) and the disclosure relates to the arrangement concerned, he or she does not commit an offence against this section if the disclosure is made in accordance with this paragraph, that is to say,
(i) it is made before he or she does the act concerned, being an act done with the consent of the police officer, or
(ii) it is made after he or she does the act, but is made on his or her own initiative and as soon as it is reasonable for him or her to make it.
(Inserted by Act 8 of 1993)
(3) In this section, references to the proceeds of drug trafficking by any person include a reference to any property which directly or indirectly represented in his or her hands the proceeds of drug trafficking by him or her.
(4) In proceedings against a person for an offence under this section, it is a defence to prove—
(a) that he or she did not know or suspect that the arrangement related to the proceeds of drug trafficking by A; or
(b) that he or she did not know or suspect that by the arrangement the retention or control by or on behalf of A of those proceeds was facilitated or, as the case may be, that by the arrangement those proceeds were used as mentioned in subsection (1).
(5) A person who commits an offence under this section is liable—
(a) on summary conviction to a fine of $5,000 and to imprisonment for 2 years; or
(b) on conviction on indictment to a fine of $50,000 and to imprisonment for a term not exceeding 14 years.