Detail

Back to Revised Laws of Saint Lucia (2022)

Back to Table of Contents

2. Interpretation

In this Act —

“aircraft” —

(a) means a vessel designed for flying;

(b) includes a seaplane, a ship or vessel able to alight or hover over water, a balloon, a kite, a glider, an airship, and a flying machine, whether propelled by mechanical means or not;

“arms and ammunition” includes —

(a) a weapon;

(b) an artillery;

(d) military equipment;

(e) paramilitary equipment, such as —
1. (i) a baton, club, riot stick and similar device of a kind used for the purposes of law enforcement,
1. (ii) a body armour, such as —
  1. (A) a bullet-resistant apparel;
  1. (B) a bullet-resistant pad; and
  1. (C) a protective helmet,
1. (iii) a handcuff, leg-iron or other device used for restraining a person for the purposes of law enforcement,
1. (iv) a riot protection shield, and
1. (v) a whip; or

(f) a part or accessory designed or adapted for use in, or with, equipment under paragraphs (a) to (e);

“biological weapon” means —

(a) a microbial or other biological agent or toxin, whatever its origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes;

(b) a weapon, equipment or means of delivery designed to use an agent or toxin for hostile purposes or in armed conflict;

“bulk cash” means currency of a country whose total value is greater than twenty thousand Eastern Caribbean dollars;

“brokering” means —

(a) the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to another third country; or

(b) the selling, buying or supply of goods and technology or of financial and technical services, including where they are located in a third country, for transfer to another third country;

“cash” includes —

(a) coins and notes in any currency;

(b) postal orders;

(d) bearer bonds, bearer shares and other bearer negotiable instruments in any currency;

“chemical weapon” means —

(a) toxic chemicals and their precursors, except where intended for purposes not prohibited under the Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction, as long as the types and quantities are consistent with such purposes;

(b) munitions and devices, specifically designed to cause death or other harm through the toxic properties of toxic chemicals which would be released as a result of the employment of munitions and devices;

“control” means the power of a person, acting alone, with or through another person, to —

(a) exercise more than fifty per cent of the voting rights at a general meeting of an entity;

(b) elect a majority of the directors of an entity; or

“court” means the High Court;

“Comptroller” means the Comptroller of the Customs and Excise Department;

“deal”, in relation to property, includes the transfer, conversion, disposition, movement or use of property;

“economic resources” means assets, whether tangible or intangible, movable or immovable, that are not funds but can be used to obtain funds, goods or services;

“entity” includes a person, group, trust, partnership, fund, an unincorporated association or an organisation of a foreign State;

“Financial Intelligence Authority” means the body established under section 4 of the Money laundering (Prevention) Act, Cap.12.20;

“financial institution” means —

(a) an entity licensed under the Banking Act, No. 3 of 2015;

(b) a building society registered under the Building Societies Act, Cap. 12.04;

(d) an insurance company registered under the Insurance Act, Cap. 12.08;

(e) an entity listed under Schedule 1 of the Financial Services Regulatory Authority Act, Cap. 12.23;

(f) a registered agent and trustee licensed under the Registered Agent and Trustee licensing Act, Cap. 12.12;

(g) an entity registered under the International Trusts Act, Cap. 12.19;

(h) an entity licensed under the Money Services Business Act, Cap. 12.22; or

(i) a person licensed as a dealer or investment adviser under the Securities Act, Cap.12.18;

“financial transactions” means the provision of financial services or the transfer of financial or other assets, property or resources, including bulk cash or gold —

(a) to, through or from Saint Lucia; or

(b) to or by —
1. (i) a Saint Lucian Citizen,
1. (ii) an entity in Saint Lucia, including a subsidiary of a foreign State, or
1. (iii) a financial institution in Saint Lucia;

“Focal Point for De-listing” means the Focal Point for De-listing established under Resolution 1730 (2006), adopted by the Security Council;

“foreign State” —

(a) means a country other than Saint Lucia;

(b) includes —
1. (i) a political subdivision of a foreign State;
1. (ii) the Government, and a department of a foreign State or of a political subdivision of a foreign State; and
1. (iii) an agency of a foreign State;

“freezing order” means an order made by the court under section 15(3);

“funds” means financial assets and benefits, including —

(a) cash, cheque, claim on money, bank draft, money order, and other payment instrument;

(b) a deposit with a financial institution or other person, a balance on an account, a debt and debt obligation;

(c) publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative products;

(d) interest, dividends and other income or value accruing from or generated by assets;

(e) credit, rights of set-off, guarantees, performance bonds and other financial commitments;

(f) a letter of credit, bill of lading and bill of sale; or

(g) a document, whether electronic or digital, that provides evidence of an interest in funds or financial resources;

“goods” includes missile-related items;

“listed entity” means an entity —

(a) listed under the United Nations Security Council Resolution 1718 List;

(b) listed under the United Nations Security Council Resolution 2231 List; or

“master”, in relation to a vessel —

(a) means the owner or person in charge;

(b) does not include a harbour master or pilot, having for the time being command or charge of the vessel;

“Minister” means the Minister responsible for national security;

“missile-related item” means an item, a material, an equipment, goods and technology set out in Part A of Schedule 2;

“national”, in relation to a foreign State, means an individual who possesses the nationality of that State as determined in accordance with the laws of that State or a body corporate incorporated or continued by or under the laws of that State;

“National Committee” means the National Coordinating Committee on Counter-Proliferation Financing established under section 3;

“nuclear materials and technology” means nuclear materials and technology set out in Part B of Schedule 2;

“nuclear-related item” means an item, a material, goods and technology set out in Part C of Schedule 2;

“nuclear weapon” means a weapon that derives its destructive force from nuclear reactions and an explosive device capable of releasing nuclear energy, irrespective of the purpose for which it could be used, and includes component parts of that weapon;

“other business activity” has the meaning assigned to it under section 2 of the Money laundering (Prevention) Act, Cap. 12.20;

“permit” means a permit under section 28;

“person” includes any entity, natural or juridical, a corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, or other unincorporated organization or group, capable of acquiring rights or entering into obligations;

“proscribed country” means a country specified under Part A of Schedule 1 in respect of which a United Nations Security Council Resolution is specified under Part B of Schedule 1 that imposes financial and economic sanctions;

“prohibited item” means a missile-related item, nuclear materials and technology or nuclear-related item;

“property” —