Money Laundering and Proceeds of Crime Act
Act No. 4/2013
“defendant” means a person suspected of or charged with a serious offence whether or not
he or she has been convicted of the offence;
“designated non-financial business or profession” has the meaning given to this in section
13;
“directive” means a directive issued in terms of section 3;
“document” means a record of information kept in any form;
“financial institution” means any person who conducts as a business one or more of the
following activities for or on behalf of a customer—
(a) acceptance of deposits and other repayable funds from the public, including
private banking;
(b) lending, including, but not limited to, consumer credit, mortgage credit,
factoring (with or without recourse), and financing of commercial transactions,
including forfeiting;
(c) financial leasing other than with respect to arrangements relating to consumer
products;
(d) the transfer of money or value;
(e) issuing and managing means of payment, including, but not limited to, credit
and debit cards, travellers’ cheques, money orders and bankers’ drafts, and
electronic money;
(f) issuing financial guarantees and commitments;
(g) trading in—
(i) money market instruments, including, but not limited to, cheques, bills,
certificates of deposit and derivatives; or
(ii) foreign exchange; or
(iii) exchange, interest rate and index instruments; or
(iv) transferable securities; or
(v) commodity futures trading;
(h) participation in securities issues and the provision of financial services related
to such issues;
(i) individual and collective portfolio management;
(j) safekeeping and administration of cash or liquid securities on behalf of other
persons;
(k) investing, administering or managing funds or money on behalf of other
persons;
(l) underwriting and placement of life insurance and other investment-related
insurance, including insurance intermediation by agents and brokers;
(m) money and currency changing;
(n) the provision—
A. or transfer of ownership, of a life insurance policy or the provision of
reinsurance in respect of any such policy
B. of investment-related insurance services; or
C. of services as or by means of insurance underwriters, insurance agents or
insurance brokers;
and, without derogating from the generality of the foregoing, includes any of the
financial institutions or classes of financial institution listed in Part I of the First
Schedule;
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