Revised Laws of Saint Lucia (2022)

PART III
FREEZING ORDER

15.   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 to —

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      (a)     freeze property in circumstances where the property —

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         (i)     is owned or controlled, and not only property that can be tied to a particular act, plot or threat of proliferation of weapons of mass destruction, by a listed entity,

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         (ii)     is wholly or jointly owned or controlled, directly or indirectly, by a listed entity,

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         (iii)     is derived or generated from property or other assets that is owned or controlled, directly or indirectly, by a listed entity,

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         (iv)     is owned or controlled by a person acting on behalf of or at the direction of a listed entity;

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      (b)     freeze property that is situated in Saint Lucia in circumstances where the property is owned or controlled, directly or indirectly, by —

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         (i)     the Government or a political party of a proscribed country,

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         (ii)     a person acting on behalf of, or at the direction of the Government or a political party of a proscribed country,

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         (iii)     a person controlled by the Government or a political party of a proscribed country, which is associated with a nuclear or ballistic programme of that Government or a political party of a proscribed country or any other activity prohibited by this Act;

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      (c)     prohibit a listed 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 containing the matters referred to in subsection (1).

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   (3)   On receipt of an application under subsection (1), a court may make a freezing order —

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      (a)     to freeze property that is —

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         (i)     owned or controlled, and not only property that can be tied to a particular act, plot or threat of proliferation of weapons of mass destruction, by a listed entity,

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         (ii)     wholly or jointly owned or controlled, directly or indirectly, by a listed entity,

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         (iii)     derived or generated from property or other assets that is owned or controlled, directly or indirectly, by a listed entity,

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         (iv)     owned or controlled by a person acting on behalf of or at the direction of a listed entity;

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      (b)     to freeze property that is situated in Saint Lucia that is owned or controlled, directly or indirectly, by —

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         (i)     the Government or a political party of a proscribed country,

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         (ii)     a person acting on behalf of, or at the direction of the Government or a political party of a proscribed country,

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         (iii)     a person controlled by the Government or a political party of a proscribed country, which is associated with a nuclear or ballistic programme of that Government or a political party of a proscribed country or any other activity prohibited by this Act;

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      (c)     to prohibit a listed entity from possessing, controlling or having access to property or economic resources.

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   (4)   Subject to subsection (6), a freezing order —

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      (a)     may be made subject to any condition that the court considers reasonable;

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      (b)     may prohibit a listed entity from possessing or controlling cash or property in excess of an amount specified by the court;

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      (c)     may indicate the account held in a financial institution into which excess cash must be deposited;

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      (d)     does not apply to property that is required to carry out activities of —

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         (i)     a mission of a proscribed country to the United Nations, its specialised agencies or related organizations, or

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         (ii)     diplomatic and consular missions to a proscribed country;

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      (e)     does not apply to property that a United Nations Security Council Committee determines is required for —

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         (i)     the delivery of humanitarian assistance,

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         (ii)     denuclearisation, or

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         (iii)     any other purpose sanctioned by the Security Council;

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      (f)     must indicate the duration of the freezing order;

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      (g)     may make such provision as is just in the circumstances to preserve the rights of a bona fide third party acting in good faith.

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   (5)   The Attorney General shall —

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      (a)     serve the freezing order on —

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         (i)     the listed entity, and

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         (ii)     any other person affected or likely to be affected by the order, which may include a person with the same name as a listed entity;

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      (b)     within seven days after the date of the freezing order made under subsection (3), cause to be published in the Gazette and in at least two daily newspapers of general circulation in Saint Lucia, a copy of the freezing order and a statement that the matter will be reviewed every six months.

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   (6)   Nothing in this section prohibits the addition of interest or earnings due on an account frozen under subsection (3) or payments under contracts, agreements or obligations that arose prior to the making of a freezing order, and any such payment must be deposited into an account specified by the court under subsection (4)(c).

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   (7)   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 order was made in bad faith.