Revised Laws of Saint Lucia (2021)

PART 6
MISCELLANEOUS

34.   Mutual assistance

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    (1)   In this section “assistance” includes —

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      (a)     the providing of original or certified copies of relevant documents and records, including those financial institutions and government agencies obtaining testimony, in a requesting State of persons, including those in custody;

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      (b)     the giving of testimony locating or identifying persons;

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      (c)     service of documents;

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      (d)     examining of objects or places;

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      (e)     the executing of searches and seizure; and

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      (f)     the providing of information and evidentiary items.

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    (2)   The Authority shall co-operate with a court or other competent authority of a requesting State by taking the appropriate measures under this Act and within the limits of the requesting State's legal system to provide assistance in matters concerning a money laundering offence.

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    (3)   The Authority on receiving a request from a court or competent authority from a requesting State to freeze, seize or forfeit under this Act, property or a thing connected to a money laundering offence shall take appropriate measures.

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    (4)        A court or other competent authority of a requesting State, in making a court order or request, may specify that the Authority must keep confidential the fact or substance of the court order or request. (Inserted by Act 16 of 2021)

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    (5)        The Authority shall inform the court or other competent authority of the requesting State if it is unable to comply with the requirement of confidentiality under subsection (4). (Inserted by Act 16 of 2021)

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    (6)        Subject to subsection (7), where a court or other competent authority makes a court order or request under subsection (4) and a person is —

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      (a)     notified of the court order or request;

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      (b)     required to take any action, produce any documents or supply any information in response to or in relation to the court order or request,

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           the person shall not disclose the fact of the receipt of that court order or request or any particulars required or documents produced pursuant to the court order or request.

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    (Inserted by Act 16 of 2021)

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    (7)        A person referred to under subsection (6) may make a disclosure to —

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      (a)     the attorney-at-law of that person;

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      (b)     a person authorized by the Authority, for a period of 90 days from the date of the receipt of the request or such further period determined by the Authority.

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    (Inserted by Act 16 of 2021)

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    (8)        The Authority and a person to whom a disclosure is made under subsection (7) must keep the information confidential. (Inserted by Act 16 of 2021)