Prohibition and Prevention of Money Laundering Act, 2001
This Act is cited as the Prohibition and Prevention of Money Laundering Act, 2001, and it starts on a date appointed by the minister by statutory instrument.
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- Zambia
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- Act or statute
- Citation
- Act 14 of 2001
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About this statute
This Act is cited as the Prohibition and Prevention of Money Laundering Act, 2001, and it starts on a date appointed by the minister by statutory instrument. This section defines key terms used in the Act. This provision creates the Aiui-Money Laundering Constitution Authority and says its members are appointed by the Minister. The Anti-money Laundering Authority must give policy directives to the Commissioner and advise the Minister on measures to prevent and detect money laundering. Creates the Anti-Money Laundering Investigations Unit and gives it investigation and supervision functions; the Commissioner must make periodic reports to the Authority.
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Provisions of Prohibition and Prevention of Money Laundering Act, 2001
Showing 31 of 31
- 1 Verify source ↗
This Act may be cited as the Prohibition and Prevention of Short title
This Act is cited as the Prohibition and Prevention of Money Laundering Act, 2001, and it starts on a date appointed by the minister by statutory instrument.
1. This Act may be cited as the Prohibition and Prevention of Short title Money Laundering Act, 2001 and shall come into operation on such commence- date as the minister may, by statutory instrument, appoint. went - 2 Verify source ↗
Section 2
This section defines key terms used in the Act.
2. In this Act, unless the context otherwise requires— interprets inn “ authorised officer ” means an officer authorised by the Commissioner to perform functions under this Act; “ Authority ” means the Anti-Money Laundering Authority constituted under section three; " business transaction” means any arrangement, including opening of a bank account, between two or more persons where the purpose of the arrangement is to facilitate a transaction between the two or more persons; " business transaction record ” in relation to a business transaction, includes— (a) the identification record of all the persons party to that transaction; (b) a description of that transaction sufficient to identify its purpose and method of execution; (c) the details of any bank account used for that transac tion, including bank, branch and sort code; and (d) the total value of that transaction; “ Commissioner ” means the person appointed as Commis sioner under the Narcotic Drugs and Psychotropic Sub stances Act; “ Court ” means the Subordinate Court and the High Court; “ financial institution ” shall have the meaning assigned to it Cap. 96 Cap. 387 under the Banking and Financial Services Act; “ identification record ” means— (a) where the person is a corporate body, the details of— (i) the certificate of incorporation; (ii) the most recent annual return to the Super visory Authority; or (b) in any other case, sufficient documentary evidence to prove to the satisfication of a financial institution that the person is who that person claims to be; and for these purposes “ person" shall include any person who is a nominee, agent, beneficiary or principal in relation to a business transaction; “ illegal activity ’’ means any activity, whenever or wherever carried out which under any written law in the Republic amounts to a crime; “ money laundering" means— (a) engaging, directly or indirectly, in a business trans action that involves property acquired with_prp-— .. ........... ceeds of crime; (b) receiving, possessing, concealing, disguising, dis posing of or bringing into Zambia, any property derived or realised directly or indirectly from ille gal activity; or (c) the retention or acquisition of property knowing that the property is derived or realised, directly or indirectly, from illegal activity; “ proceeds of crime’’ means any. property, benefit or advan tage, within or outside Zambia realised or derived, directly or indirectly from, illegal activity; “ property” includes money and all other property, real or personal, movable or immovable including things in action and other intangible or incorporeal property wherever situated and includes any interest in such property; “ regulated institution” means an institution regulated by a Supervisory Authority; “ Supervisory Authority” means — (a) the Bank of Zambia; (b) the Registrar of Building Societies appointed under Cap. 412 the Building Societies Act; (c) the Registrar of Banks and Financial Institutions Cap. 387 appointed under the Banking and Financial Ser vices Act; (d) the Registrar of Co-operatives appointed under the Cap. 387 Cooperatives Societies Act; (e) the Registrar oflnsurance appointed under the Insur- ActNo. 27 ance Act; of 1997 (f) the Commissioner appointed under the Securities and Cap. 338 Exchange Commission Act; (g) the Registrar of. Companies appointed under the Cap. 414 Companies Act; (h) the Commissioner of Lands; (i) the Investment Board under the Investment Act; or (j) the licensing authority under the Casino Act; Cap. 157 (k) any other authority which may be established by law Cap. 385 as a Supervisory Authority; and “ Unit” means the Anti-Money Laundering Investigations unit Constituted under section five. Part II Anti-Money Laundering Authority
Part
Part II
- 3 Verify source ↗
There is hereby constituted the Aiui-Money Laundering Constitution
This provision creates the Aiui-Money Laundering Constitution Authority and says its members are appointed by the Minister.
3. There is hereby constituted the Aiui-Money Laundering Constitution Authority which Authority shall be composed of the following Money’ members appointed by the Minister— Laundering ■ (a) the Attorney-General, who shall be theLhairmam ' Authority (b) the Inspector-General of the Zambia Police Force; (c) the Commissioner; (d) the Director-General of the Anti-Corruption Commission; (e) the Governor, Bank of Zambia; (f) the Commissioner-General, Zambia Revenue Authority; and (g) two other persons. Functions of Authority - 4 Verify source ↗
The functions of the Anti-money Laundering Authority shall
The Anti-money Laundering Authority must give policy directives to the Commissioner and advise the Minister on measures to prevent and detect money laundering.
4. The functions of the Anti-money Laundering Authority shall be— (a) to provide general or specific policy directives to the Commissioner and the Commissioner shall give effect to such directives; and (b) to advise the Minister on measures required to prevent and detect money laundering in the Republic. Part III Anti-Money Laundering Investigations Unit Anti-Money Laundering Investiga tions Unit Functions of Unit
Part
Part III
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There shall be the Anti-Money Laundering Investigations
Creates the Anti-Money Laundering Investigations Unit and gives it investigation and supervision functions; the Commissioner must make periodic reports to the Authority.
5. There shall be the Anti-Money Laundering Investigations Unit which shall comprise the Commissioner and such other offic ers as the Commissioner shall appoint. 6, (1) The functions of the Anti-Money Laundering Investiga tions Unit shall be— (a) to collect, evaluate, process and investigate finacial infor mation including that from regulated institutions and Supervisory Authorities, relating to financial and other business transactions suspected to be part of money laundering for the purpose of preventing and suppress ing money laundering offences; (b) to conduct investigations and prosecutions of money laundering offences; (c) to liasewith other law enforcement agencies in the conduct of investigations and prosecutions of money laundering offences; (d) to supervise the reporting requirements and other admin istrative obligations imposed on regulated institutions and Supervisory Authorities undeulbis.Act; (e) to assist in developing training programmes for use by regulated institutions and Supervisory Authorities in the implementation of this Act; and (/) to cooperate with law enforcement agencies and institu- •tions.in other jurisdictions responsible.for investigations and prosecution of money laundering offences. (2) The Commissioner shall make periodic reports to the Authority concerning the activities of the Unit as the Authority may determine. Part IV . Money Laundering Offences
Part
Part IV
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A person who, after the commencement of this Act, engages
A person who engages in money laundering after commencement of the Act commits an offence.
7. A person who, after the commencement of this Act, engages in money laundering, shall be guilty of an offence and shall be liable, upon conviction to a fine not exceeding one hundred and seventy thousand penalty units or to imprisonment for a term not exceeding ten years or to both. - 8 Verify source ↗
Where an offence under the provisions of this Act is committed
A body of persons that commits an offence under the Act can be convicted and fined; involved officials may also be convicted and fined or imprisoned.
8. Where an offence under the provisions of this Act is committed by a body of person, whether corporate or unincorporated— (a) the body of persons shall be guilty of an offence and liable upon conviction to a fine not exceeding four hundred thousand penalty units; and (b) every person who, at the time of the offence, acted in an official capacity for or on behalf of such a body of persons, whether as a Director, Manager, Secretary or other similar capacity, or was purporting to act in such capacity and who was involed in the commission of that offence, shall be guilty of that offence; and shall be liable, upon conviction to a fine not exceeding one hundred and seventy thousand penalty units or to imprisonment for a term not exceeding ten years, or to both. Prohibition of money laundering Offences committed by body of persons - 9 Verify source ↗
(1) Any person who attempts, aids, abets, counsels or pro
A person who helps, encourages, or conspires in money laundering commits an offence and may be fined or imprisoned.
9. (1) Any person who attempts, aids, abets, counsels or pro cures the commission of the offence of money laundering shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding one hundred and thirty-nine thousand penalty units or to imprisonment for a term not exceeding five years, or to both. Attempts, aiding and abetting or conspiring to commit offence (2 ) Any person who conspires with another to commit the offence of money laundering shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred and thirty-nine thousand penalty units or to imprisonment for a term not exceeding five years or to both. - 10 Verify source ↗
Any person who knows or suspects that an investigation
A person who knows or suspects a money-laundering investigation is happening, starting, or about to start must not hide, destroy, dispose of, or falsify relevant material.
10. Any person who knows or suspects that an investigation into money laundering has been, is being or is about to be con ducted, falsifies. conceals, destroysor otherwise disposes of, causes or permits the falsification of material which is or is likely to be relevant to the investigation of-thejoffence, shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding one hundred and thirty-nine thousand-penalty units or to imprison ment for a term not exceeding five vears or rn horh Falsification of docu ments H Divulging information to unauthorised person - 11 Verify source ↗
Any person who knows or suspects that an investigation
A person who knows or suspects a money-laundering investigation is happening, starting, or about to happen must not tell another person about it without lawful authority.
11. Any person who knows or suspects that an investigation into money laundering has been, is being or is about to be con ducted, without lawful authority, divulges that fact or information to another person, shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding one hundred and thirty- nine thousand penalty units or to imprisonment for a term not exceeding five years or to both, PART V Prevention of Money Laundering Duties of Supervisory Authorities
Part
PART V
- 12 Verify source ↗
Section 12
A Supervisory Authority must disclose suspected money-laundering information to the Unit, must not obstruct Unit investigations, and may issue Unit-approved directives for regulated institutions to help prevent and detect money laundering.
12. (1) Where a Supervisory Authority obtains any informa- . tion, that a business transaction indicates that any person has or may have been engaged in money laundering, the Supervisory Authority shall, disclose or cause to be disclosed that information to the Unit. (2) A Supervisory Authority shall not obstruct any investiga tion into money laundering that may be instituted by the Unit under this Act, (3) Any officer of a Supervisory Authority who is repsonsible for or causes the Supervisory Authority to obstruct any investiga tions under this Act shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding five years or to both. (4) A Supervisory Authority shall issue such directives as may be approved by the Unit which may be necessary for the regulated institutions to prevent and detect money laundering. - 13 Verify source ↗
(1) A regulated institution shall
A regulated institution must keep records, report suspicious money-laundering-related transactions to the Unit, designate a branch/local officer, train employees, and must not obstruct investigations.
13. (1) A regulated institution shall— (a) keep an identification record and a business transaction record for a period of ten years after the termination of the business transaction so recorded; fb) report to the Unit where the identity of the persons involved, the circumstances of any business transaction or where any cash transaction, gives.any officer or of the reaulaled mstitimon ^asonabienrourcr Duties of regulated institutions 4' the regukuvj m.'.iiui./.N during the working hems and inspect records suspected of containing information relating to money laundering; f s A/// nous!/.’ri>•>(> Prohibition and Prevention of [No. 14 of 2001 81 Money Laundering (e) permit an authorised officer with a warrant to make notes or take any copies of the whole or any part of the record referred to in paragraph (df and (f) designate an officer in each branch or local office to be responsible for reporting all transactions suspected of being related to money laundering. (2) A regulated institution shall not obstruct any investigations into money laundering that may be instituted by the Unit under this Act. (3) A regulated institution shall, with the assistance of the Unit provide employees with training— (i) on the enactments and regulations on money laundering; (ii) in mechanisms for preventing money laundering; and (iii) in the recognition and handling of business transactions carried out by or on behalf of any person who is or appears to be engaged in money laundering. (4) Any regulated institution, which contravenes the provi sions of subsection (1) or subsection (2) shall beguilty of an offence and shall be liable, upon conviction, to a fine not exceeding two hundred thousand penalty units. (5) Where any regulated institution is guilty of an offence under this Act any officer or employee of the institution who is responsible for, or causes, the regulated institution to commit the • offence shall be guilty of an offence and liable upon conviction to a fine not exceeding one hundred and twelve thousand penalty units, or to imprisonment for a term not exceeding three years or to both. (6) In determining whether a regulated institution, officer or employee of a regulated institution has complied with any of the requirements of subsection (1), a court may take account of the directives issued by Supervisory Authority, under subsection (4) of section twelve which applies to that regulated institution, officer or employee of the regulated institution. - 14 Verify source ↗
Section 14
A person may make a disclosure if it is done in compliance with the Act.
14. It shall not be unlawfuMbr any person to make any Disclosure disclosure in compliance with this Act. protected PART VI Seizure and Forfeiture of Property in Relation to Money Laundering
Part
PART VI
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An authorised officer shall seize property which' that Seizure of
An authorised officer must seize property if there are reasonable grounds to believe it was derived from or acquired through money laundering.
15. An authorised officer shall seize property which' that Seizure of - officer has reasonable grounds to believe that the property is propcrty derived or acquired from money laundering. { J | l if t ij / ‘ j $ | j i j j J • ——_ i ■—j— ;; H ' Release of seized property Forfeiture of property 'Forfeiture of property where no proceedings or claim - 16 Verify source ↗
(1) Where property is seized under this Act, the authorised
An authorised officer may release seized property before forfeiture if it is not liable to forfeiture and is not needed for investigations or prosecutions. If property is released, the releasing officer must make a written record, and civil liability is limited unless bad faith is proved.
16. (1) Where property is seized under this Act, the authorised officer who effected the seizure may, at any time before it is forfeited under this Act, order the release of the property to the person from whom the property was seized if the officer is satisified that the property is not liable to forfeiture under this Act and is not otherwise required for the purpose of any investigations or proceed ings under this Act or for the purpose of any prosecution under any other written law. (2) Where property is released under subsection (1) — fa) the officer effecting the seizure, or the State or any person acting on behalf of the State, shall not be liable to any civil proceedings by any person unless it is proved that the seizure and the release had not been effected in good faith; and (b) a record in writing shall be made by the officer effecting the release, specifying in detail the cir cumstances of, and the reasons for, the release. - 17 Verify source ↗
(1) Any property
Certain seized property connected to a money laundering offence can be forfeited by the court.
17. (1) Any property— (a) Which has been seized under subsection (1) of section fifteen; and (b) which is in the possession or under the control of a person convicted of a money laundering offence and which property is derived or acquired from proceeds of the crime shall be liable to forfeiture by the court. (2) Where the person whose property has been forfeited dies before or after the order under the subsection (1) is made, the order shall have effect against the estate of the deceased. - 18 Verify source ↗
(1) Where any property has beeen seized under this Act and
If seized property is not prosecuted, claimed, or the subject of proceedings within six months, the Commissioner must apply for forfeiture. The Court cannot order forfeiture unless notice was published and the property stayed unclaimed for three months. The Commissioner may also release property to a lawful claimant, or refer disputed claims to the High Court.
18. (1) Where any property has beeen seized under this Act and— (a) no prosecution for any offence under any written law is instituted with regard to the property; (b) no claim in writing is made by any person; and (c) no proceedings are commenced within six months from the date of seizure, for the forfeiture of property; the Commissioner shall apply to the Court upon the expiration of the period of six months for an order of forfeiture of that property. (2) The Court shall not make an order of forfeiture under subsection (1) unless— (a) the Commissioner has given notice by publication in the Gazette and in one national newspaper to the effect that property which has been seized under this Act shall be liable to vest in the State if it is not claimed within three months; and (b) three months after the giving of the notice under paragraph (a) the property remains unclaimed. (3) Where a claim in writing is made by any person that is lawfully entitled to the property seized under this Act that the property is not liable to forfeiture under this Act the Commissi oner may order release of the property to the claimant if satisfied that there is no dispute as to ownership of the property and that it is not liable for forfeiture. (4) Where a claim is made against property seized under this Act and the Commissioner finds that— (a) there is a dispute as to the ownership of the property; (b) there is insufficient evidence to determine the ownership of property; (c) the Commissioner is unable to ascertain whether the property is liable to forfeiture or not; the Commissioner shall refer the claim to High Court. - 19 Verify source ↗
(1) For the purpose of determining whether any property
The High Court may order documents and transaction information to be given to the Commissioner, and an authorised officer may enter and search premises if an order is being obstructed.
19. (1) For the purpose of determining whether any property belongs to, or is in the possession or under the control of any person, the High Court may upon application by the Commissioner— Property tracking and monitoring (a) order that any document relevant to: (i) .identifying, locating or quantifying property of that person; or (ii) identifying or locating any document necessary for the transfer of property of that person; be delivered to the Commissioner; and (b) order a regulated institution to produce to the Commis sioner all information obtained by that institution about any business transaction conducted by or for that person with the institution before or after the date of the order as the court directs. (2) Where the Commissioner is satisfied that the person is failing to comply with, is delaying or is otherwise obstructing an order made in accordanc^with subsection (1), an authorised officer may enter any premises of that person, search the premises and remove any material document or other thing therein for the purposes of executing such order. - 20 Verify source ↗
Where any property is forfeited under this Act, the property
If property is forfeited under this Act, it vests in the State.
20. Where any property is forfeited under this Act, the property shall vest in the State. Property tn be forfeited to State Tampering with forfeited property - - 21 Verify source ↗
Any person who tampers with property seized or forfeited
Any person who tampers with property seized or forfeited under the Act commits an offence and may be fined, imprisoned for up to five years, or both.
21. Any person who tampers with property seized or forfeited under this Act shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding one hundred and forty thousand penalty units or to imprisonment for a term not exceeding fi ve years or to both. PART VII Investigation, Arrest and Search Power of arrest Cap. 88
Part
PART VII
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Section 22
Every offence under this Act is treated as a cognisable offence under the Criminal Procedure Code.
22. (1) Every offence under this Act shall be a cognisable offence for the purposes of the Criminal Procedure Code . Power of entry, search and seizure (2 ) Where a person arrested under this Act is serving a sentence of imprisonment, or is in lawful custody, that person shall, upon an order by magistrate, be produced before that magistrate at such place as may be specified in the order for the purpose of investiga tions into the matter in respect of which the person is liable to be arrested under this Act. - 23 Verify source ↗
Whenever an authorised officer has reasons to believe that
An authorised officer may, with a court warrant, search premises and related persons or items, seize or detain property or documents, arrest certain persons, and stop/search/detain conveyances when suspected offences or liable property are involved.
23. Whenever an authorised officer has reasons to believe that there is reasonable cause to suspect that in or on any premises there is concealed or deposited any property liable to seizure or forfeiture under this Act; or to which an offence under this Act is reasonably suspected to have been committed, or any book or document directly or indirectly relating to, or connected with, any dealing or intended dealing, whether within or outside Zambia, in respect of any property liable to seizure or forfeiture under this Act, or which would, if carried out, be an offence under this Act, the authorised officer may with a warrant issued by a court of competent jurisdic tion— (a) enter the premises and search for, seize and detain any such property, book or document; (b) search any person who is suspected or connected with the offence, in or on the premises, and take that person into custody in order to facilitate the investigations; (c) arrest any person who is in or on the premises in whose possession any property liable seizure or forfeiture un der this Act is found, or whom the officer reasonably believes to have concealed or deposited the property; (d) break, open, examine and search any premises, article, container or receptacle suspected or connected with the offences— (e) stop, search and detain any conveyance. PART VII General - 24 Verify source ↗
Any person convicted on a second or subsequent offence Sentence for
A person convicted of a second or subsequent offence under this Act faces a sentence of at least five years’ imprisonment, a fine of twice the first-offence fine, or both.
24. Any person convicted on a second or subsequent offence Sentence for under this Act shall be liable to imprisonment for a term of not less offerers than five years or to two times the amount of the fine specified for the first offence or to both. Extradition Cap. 94 Obstruction of authorised officer - 25 Verify source ↗
An offence under this Act shall be deemed to be an
Offences under this Act are treated as extraditable offences under the Extradition Act.
25. An offence under this Act shall be deemed to be an extraditable offence under the provisions of the Extradition Act. - 26 Verify source ↗
Any person who
It is an offence for any person to obstruct, mislead, refuse information to, or interfere with an authorised officer acting lawfully under the Act.
26. Any person who— (a) obstructs, assaults, hinders or delays any authorised officer in the lawful exercise of any powers conferred on the officer by or under this Act; (b) refuses to furnish to any authorised officer on request, any particulars or information to which the authorised offi cer is entitled to by or under this Act; (c) fails to comply with any lawful demand of an authorised officer under this Act; (d) willfuly or recklessly gives to any authorised officer any false or misleading particulars or information with re spect to any fact or particulars to which the authorised officer is entitled to by or under this Act; (e) fails to produce, conceals or attempts to conceal any property, document or book in relating to which there is reasonable ground to suspect that an offence has been or is being committed under this Act, or which is liable to seizure under this Act, or (f) before or after any seizure, destroys anything to prevent the seizure or securing of that property or article; shall be guilty of an offence and shall be liable, upon convic tion, to imprisonment for a term not exceeding five years without the option of a fine. - 27 Verify source ↗
Any person who willfully fails or refuses to disclose any Failure or
A person who willfully refuses to disclose information or produce accounts, documents, or articles to an authorised officer during an investigation commits an offence and may be fined, imprisoned for up to five years, or both.
27. Any person who willfully fails or refuses to disclose any Failure or information or produce any accounts, documents or articles to an . -authorised officer during an investigation into an offence under this information Act, shall be guilty of an offence and.shall be liable, upon convic- tion, to a fine not exceeding two hundred penalty units or imprisom" "menrfor a term not exceeding five years or to both. - 28 Verify source ↗
The Mutual Legal Assistance in Criminal MattersTAuhT' Application
This section says the Act applies to offences under it, except where Cap. 98 is inconsistent with the Act.
28. The Mutual Legal Assistance in Criminal MattersTAuhT' Application applies to offences under this Act except where the provisions of of Cap‘98 that Act are inconsistent with this Act, - 29 Verify source ↗
Any act
An act by a Zambian citizen anywhere, or by a person on a ship or aircraft registered in Zambia, is an offence under this Act if it would also be an offence for that person on land in the Republic.
29. Any act— (a) carried out by a citizen of Zambia any where; or (b) carried out by a person on ship or aircraft registered in Zambia; shall, if it would be an offence by that person on the land in the Republic, be an offence under this Act. - 30 Verify source ↗
A person who commits an offence under this Act, for which
A person who commits an offence under the Act with no specified penalty is guilty of an offence and, on conviction, may be fined up to 140,000 penalty units, imprisoned for up to 4 years, or both.
30. A person who commits an offence under this Act, for which no penalty is provided shall be guilty of an offence and shall be liable upon conviction to a fine notexceeding one hundred and forty thousand penalty units or to imprsonment for a term not exceeding four years or to both. - 31 Verify source ↗
Section twenty-two of the Narcotic drugs and Psychotropic
This section repeals section 22 of the Narcotic drugs and Psychotropic Substances Act.
31. Section twenty-two of the Narcotic drugs and Psychotropic Substances Act is hereby repealed. - 32 Verify source ↗
The Minister may, by statutory instrument, make regula
The Minister may make regulations by statutory instrument to help carry out or give effect to the Act.
32. The Minister may, by statutory instrument, make regula tions prescribing matters necessary or convenient for the better carrying out or giving effect to, this Act.
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