Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(9) Directives of general application, that is to say, directives applying to all financial
institutions or designated non-financial businesses or professions or any one or more classes
thereof, shall be kept available for inspection by members of the public, free of charge, at all
reasonable times at the offices of the Unit and at such other places throughout Zimbabwe as are
prescribed.
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Directives may specify civil infringements and impose civil penalties
and other sanctions
(1) Without derogating from any criminal penalty that may be imposed by this Act, a
directive may specify to be a civil infringement any intentional or grossly negligent failure to
comply with any specific obligation of this Act (including any specific obligation of a directive
allowed by this Act to be provided for by way of a directive) that is imposed upon any
competent supervisory authority, financial institution, designated non-financial business or
profession, and their respective directors, principals, officers, partners, professionals, agents and
employees.
(2) A directive may impose for any specified civil infringement on the part of any
competent supervisory authority, financial institution, designated non-financial business or
profession, or any of its respective directors, principals, officers, partners, professionals, agents
or employees, any one or more of the following sanctions, measures—
(a) a written warning; or
(b) an order to comply with any specific instruction; or
(c) an order to a competent supervisory authority, financial institution, designated nonfinancial business or profession to submit reports at specified intervals on such matters
concerned with ensuring compliance with this Act as are specified in the order; or
(d) any one of the following kinds of orders (called a “civil penalty order”) addressed to
an infringer, which order shall be issued within such of the following parameters as
may be appropriate to the infringement, namely a civil penalty order imposing⎯
(i) a fixed civil penalty for a specified completed and irremediadable civil
infringement, for which⎯
A. the prescribed penalty shall not exceed a fixed penalty of level ten; and
B. the prescribed penalty for each day (beginning on the day after the
issuance of the civil penalty order) during which the infringer fails to pay
the civil penalty, shall not exceed a penalty of level three (twenty United
States dollars) per day for a maximum period of one hundred and eight
(180) 4 days;
and
(ii) a fixed civil penalty for a specified completed but remediadable infringement⎯
A. for which the prescribed penalty shall not exceed a fixed penalty of level
five (one hundred United States dollars); and
B. which must be suspended conditionally upon the infringer taking the
remedial action specified in the civil penalty order within the time
specified in that order; and
C. which (upon the civil penalty becoming operative because of noncompliance with the requested remedial action) may provide for the
prescribed penalty for each day (beginning on the day after the last day
on which the infringer should have effected the remedial action) during
which the infringer fails to pay the civil penalty referred to in
subparagraph A, which shall not exceed a penalty of level two (ten
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(sic) Presumably “one hundred and eighty” was intended, as the numerals suggest. The same
applies to the repetitions of this error in later provisions.
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