Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(d) penalties for contraventions of the regulations:
Provided that no such penalty shall exceed a fine of level fourteen or
imprisonment for a period of five years or both such fine and such imprisonment.”;
(3) Regulations in terms of subsection (1) that provide penalties for contraventions thereof
may, without shifting the onus of proof borne by the State in criminal cases, impose upon any
person charged with a criminal offence the burden of proving particular facts.
104
Repeal of Cap. 9:17
The Serious Offences (Confiscation of Profits) Act [Chapter 9:17] is repealed.
105
Amendment of Cap. 9:06
The Criminal Matters (Mutual Assistance) Act [Chapter 9:06] is amended—
(a) in section 2 (“Interpretation”) —
(i) in subsection (1) —
A. by the repeal of the definitions of “money-laundering offence”,
“monitoring order”, “pecuniary penalty order”, and “tainted property”
and the substitution of the following definitions—
“money-laundering offence”, in relation to the proceeds of a serious
offence, means an offence involving—
(a) the engaging, directly or indirectly, in a transaction which involves
money or other property which is, in terms of the Money
Laundering and Proceeds of Crime Act, 2013, the proceeds of a
serious offence; or
(b) the receiving, possessing, concealing, disposing of or bringing into
a country of money or other property which is, in terms of the
Money Laundering and Proceeds of Crime Act, 2013, the proceeds
of the serious offence;
“foreign benefit recovery order” means an order for the recovery of
benefits derived from the commission of a foreign specified offence
and registered in Zimbabwe in terms of section 32(1), but does not
include an order for the payment of money by way of compensation,
restitution or damages;
“tainted property” has the meaning given to it in the Money Laundering
and Proceeds of Crime Act, 2013, and includes “terrorist property”
as defined in that Act”;
B. by the repeal of the definition of “serious narcotics offence” and “serious
offence”;
(ii) by the insertion after subsection (2) of the following subsections—
“(3) References in this Act to requests for assistance in criminal matters
and to information contained in such request or accompanying such request in a
document, include references to such information transmitted by electronic or
digital means, under the following conditions—
(a) the sender of the request or document and the recipient must both use
mutually agreed electronic or digital addresses; and
(b) the electronic or digital transmission embodying the request or document
must be authenticated by the electronic signature of the sender or by
other means mutually agreed; and
(c) the electronic or digital transmission embodying the request or document
must be materialised in a paper copy printed by the recipient.
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