Money Laundering and Proceeds of Crime Act Act No. 4/2013 (c) an authorised officer referred to in the order. (7) Where the offence referred to in subsection (5) or (6) is committed by⎯ (a) an individual who is an employee, officer or agent of the financial institution in question, he or she shall be liable to a fine of level ten or imprisonment for a period of three years or both such fine and such imprisonment; or (b) a company or other corporate body⎯ (i) it shall be liable to fine not exceeding level fourteen; and (ii) every director or member of the governing body of the company or corporate body shall be liable to a fine of level ten or imprisonment for a period of three years or both such fine and such imprisonment, unless any director or member concerned proves that he or she took no part in the conduct of the company or corporate body. (8) Nothing in this section prevents the disclosure of information concerning a monitoring order for the purposes of or in connection with legal proceedings or in the course of proceedings before a court, provided that nothing in this section shall be construed as requiring a legal practitioner to disclose to any court the existence or operation of a monitoring order. CHAPTER V CIVIL FORFEITURE OF TAINTED AND TERRORIST PROPERTY PART II21 CIVIL FORFEITURE ORDERS, PROPERTY FREEZING ORDERS AND PROPERTY SEIZURE ORDERS 78 Interpretation in Part I of Chapter V (1) In this Part— “authorised officer” means a police officer or an inspector; “court” means the High Court of Zimbabwe; “enforcement authority”, in relation to property that is the subject of a civil forfeiture order, means the Attorney-General, his or her named representative, or the specified receiver or trustee under section 85(7); “legitimate owner”, in relation to the owner of tainted or terrorist property or any interest therein, means— (a) in the case of such property that is the proceeds of a serious offence or terrorist act, a person who— (i) was the rightful owner of the property before the criminal conduct occurred and was deprived of the property by the criminal conduct; or (ii) acquired the property in good faith and for fair value after the criminal conduct and did not and could not reasonably have known the property was such proceeds; (b) 21 in the case of such property that is the instrumentality of a serious offence or terrorist act, a person who has done all that can reasonably be done to prevent the property being used as an instrumentality. (sic) Should be Part I. - 57 -

Select target paragraph3

Add to table of contents