Revised Laws of Saint Lucia (2022)

20.   Requirement to freeze funds

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    (1)   On being served with a freezing order in respect of a listed entity, a financial institution and a person engaged in other business activity, as the case may be, shall immediately freeze all funds in an account that is —

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      (a)     owned or controlled, by a listed entity,

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

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

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

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      (e)     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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    (2)   A financial institution or a person engaged in other business activity that contravenes subsection (1) commits an offence and is liable, on conviction on indictment, to a fine not exceeding one million dollars.

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    (3)   A director, manager or employee of the financial institution or a person engaged in other business activity that contravenes subsection (1) commits an offence and is liable, on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding twenty-five years or both.

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    (4)   If a financial institution or a person engaged in other business activity credits a frozen account as a result of —

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      (a)     interest or other earnings due on the account;

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      (b) payments due under contracts, agreements or obligations that were concluded or arose prior to the making of a freezing order,

that financial institution or a person engaged in other business activity shall immediately notify the Financial Intelligence Authority.

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    (5)   A financial institution or a person engaged in other business activity that contravenes subsection (4) commits an offence and is liable, on conviction on indictment, to a fine not exceeding one million dollars.