Revised Laws of Saint Lucia (2021)

7.   Penalties

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   (1)   Any person who contravenes—

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      (a)     section 3 of Article 15; or

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      (b)     section 2 of Article 16 of the Agreement,

commits an offence and is liable on summary conviction to a fine of $1,000 or to imprisonment for 6 months or both.

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   (2)   Any person who contravenes the provisions of subsection (1) of Article 18 of the Agreement commits an offence and is liable on summary conviction to a fine of $10,000 or to imprisonment for 2 years or both.

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   (3)   Any person who without lawful authority or excuse, mutilates currency issued by the Bank whether by cutting, tearing, defacing, perforating, writing, printing, drawing or stamping thereon or by attaching or affixing thereto anything in the nature of an advertisement or other notice commits an offence and is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for 6 months or both.

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   (4)   Any person who contravenes the provisions of Article 35 or knowingly supplies information that is false in any material particular or fails to furnish within 14 days after a request by the Bank under subsection (2) thereof commits an offence and is liable on summary conviction to a fine of $500; and if the offence of which he or she is convicted is repeated after the conviction he or she commits a further offence and is summarily liable to a fine of $100 for every day when the offence is so repeated.

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   (5)   Any person to whom Article 5D(3) applies who—

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      (a)     fails to assist or to facilitate the Bank in any function conferred by Article 5B;

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      (b)     obstructs the Bank in the performance of any function under this Part; or

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      (c)     in the performance of his or her obligations under Article 5D(3), provides any false or misleading information,

commits an offence and is liable on summary conviction to a fine of $100,000 or 5 years imprisonment or to both.

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   (6)   While the Bank is in control of the business of the financial institution, any person who, without the approval or authority of the Bank or in a manner contrary to the directions of the Bank, receives, disposes of or otherwise deals with any assets of the financial institution, or who tampers whether by making entries in or otherwise, with any books, records or documents of the financial institution commits an offence and is liable on summary conviction to a fine of $100,000 or to imprisonment for 5 years or both and on conviction on indictment to a fine of $500,000 or 10 years imprisonment or both.

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   (7)   Any person to whom Article 5D(3) applies who fails to comply with a requirement or demand by the Bank to do or refrain from doing any act or to assist or to facilitate the Bank in any function vested in it by Article 5B commits an offence and is liable on summary conviction to a fine of $100,000 or 5 years imprisonment or to both. (Inserted by Act 13 of 1993)

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   (8)   Where an offence is committed by any company or other body corporate or by any society, association or body of persons, everybody charged with, concerned or acting in, the control or management of the affairs or the activities of such company, body corporate society, association or body of persons commits that offence and is liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his or her part, he or she was not aware that the offence was being or was intended or about to be committed or that he or she took all reasonable steps to prevent its commission.