Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(a) the amounts credited to the Recovered Assets Fund; and
(b) the investments made with the amounts credited to the Recovered Assets Fund; and
(c) the payments made from the Recovered Assets Fund including the specific purpose
for which payments were made and to whom; and
(d) any connection with the administration and operation of the Recovered Assets Fund
that the Minister considers it fit in the public interest to report upon.
CHAPTER VII
GENERAL AND AMENDMENT OF OTHER ACTS
101
Designation of non-financial businesses and professions and transactions
(1) Subject to subsection (1), the Minister may, after consultation with the financial
institution, businesses and professions concerned, by notice in a statutory instrument—
(a) designate any additional non-financial business or profession to be a “designated nonfinancial business or profession” for the purpose of the definition of that term in
section 13; or
(b) designate any additional transaction for the purpose of the definition of that term in
section 13.
(2) Subject to subsection (3), when the Minister wishes to make a designation under
subsection (1), the Minister shall lay the draft statutory instrument making the designation
before the House of Assembly, and if the House makes no resolution against the publication of
the statutory instrument within the next seven sitting days after it is so laid before the House,
the Minister shall cause it to be published in the Gazette.
102
Amendment or substitution of First and Second Schedules
(1) Subject to subsection (1), the Minister, after consultation with the _________ 22, may by
notice in a statutory instrument amend or replace the First or Second Schedules.
(2) Subject to subsection (3), when the Minister wishes to amend or substitute the First or
Second Schedules, the Minister shall lay the draft statutory instrument amending or substituting
the First or Second Schedule before the House of Assembly, and if the House makes no
resolution against the publication of the statutory instrument within the next seven sitting days
after it is so laid before the House, the Minister shall cause it to be published in the Gazette.
(3) The Minister may cause to be published in the Gazette a statutory instrument which
simply updates references to persons or bodies amended or substituted by any enactment
without substantially affecting their original nature or description.
103
Regulations
(1) Subject to subsection (2), the Minister may make regulations providing for all matters
which by this Act are required or permitted to be prescribed or which, in his or her opinion, are
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Regulations in terms of subsection (1) may provide for—
(a) the reporting by designated non-financial business or profession and other persons of
transactions involving the receipt, payment or transfer of cash or funds;
(b) specific due diligence requirements with respect to customer identification and any
other matter for which due diligence is appropriate in terms of this Act;
(c) particulars, in addition to those specified in Parts I and II of Chapter III, which
designated non-financial businesses or professions shall obtain, record and report
concerning applicants, customers and transactions or any class thereof;
22
(sic) This space is blank in the published Act.
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