Section 115 of the Proceeds of Crime Ordinance provides the authority to establish a body known as The Anti-Money Laundering Committee (AMLC) under the Chairmanship of the Attorney General of the Turks and Caicos Islands.
Members of the AMLC are:
- The Attorney General, as Chairman;
- The Collector of Customs,
- The Managing Director of the Financial Services Commission;
- The Commissioner of Police;
- Director of the Financial Intelligence Agency;
- The Director of Public Prosecutions; and
- such other persons as the Committee shall agree, to assist it in the performance of its functions.
Section 116 of the Proceeds of Crime Ordinance provides for the functions of the AMLC which include:
- To advise the Governor in relation to the prevention of money laundering, terrorist financing and the financing of proliferation;
- on the development of a national plan of action to include effective mechanisms to enable competent authorities in the Islands to co-ordinate with each other;
- on participation of the Islands in the international effort;
- on the development of policies;
- To issue any needed Code and Guidance;
- To advise for the authorisation of payment out of the National Forfeiture Fund; and
- Other functions as necessary for the purposes of the Proceeds of Crime Ordinance.
The AMLC is required to provide an annual report on its work to the Governor.
The Attorney General’s Chambers is a Government of the Turks and Caicos entity, headed by the Attorney General. Section 41 of the Constitution states that the Attorney General “shall be the Legal Adviser to the Government and the House of Assembly.” The Attorney General also advances and protects the interests of the Turks and Caicos Islands in the international arena and in international disputes. National coordination of the Turks and Caicos Islands’ efforts for the prevention of money laundering, terrorist financing and the financing of proliferation is led by the Attorney General.
The Attorney General is responsible for the processing and handling of requests for assistance in accordance with Mutual Legal Assistance matters and applicable Conventions. External Requests and External Orders in accordance with Schedule 4 to Proceeds of Crime Ordinance are also processed by the Attorney General’s Chambers.
The Attorney General is the Civil Recovery Authority under Part III of Proceeds of Crime Ordinance. Civil recovery allows recovery of the proceeds of unlawful conduct without the need for a conviction, through proceedings in the Supreme Court proved to a civil standard. Civil recovery proceedings are concerned with the property itself rather than (as in confiscation) the person responsible for the unlawful conduct. For property to be recoverable the unlawful conduct does not have to be proved but the property must be linked to the unlawful conduct.
The Turks and Caicos Islands Financial Services Commission
The Turks and Caicos Islands Financial Services Commission has a specific mandate under section 4(1)(d) of the Financial Services Commission Ordinance Cap 16.01, to monitor compliance by licensees with all laws, codes and guidance relating to money laundering or the financing of terrorism. This mandate is further reinforced in section 161(1) of the Proceeds of Crime Ordinance Cap 3.15 which states that the Financial Services Commission is the supervisory authority for regulated financial business.
Additionally, in accordance with section 161(2) of the Proceeds of Crime Ordinance Cap 3.15, the Governor, through regulation 23 of the Anti-Money Laundering and Prevention of Terrorist Financing Regulations 2010, has prescribed that the Financial Services Commission may be the supervisory authority for DNFBPs. Section 163(1) of the Proceeds of Crime Ordinance Cap 3.15, further provides that the function of the supervisory authority is to monitor compliance by financial businesses with AML/CFT obligations and take appropriate enforcement action for breaches of AML/CFT obligations.
The Financial Services Commission is the designated Supervisor of the Non-Profit sector which is done under the Non-Profit Regulations 2014.
The Director of Public Prosecutions
The Director of Public Prosecutions (DPP) is charged under section 100(2) of the Constitution with the power to institute and undertake criminal proceedings against any person before any court in respect of any offence against any law in force in the Islands. Criminal confiscation (post-conviction) provided for under Part II of the Proceeds of Crime Ordinance is conducted by the Director of Public Prosecutions. These proceedings seek to recover the financial benefit that a person has gained because of having committed a criminal offence. Confiscation orders are available following a criminal conviction.
Royal Turks and Caicos Islands Police Force
The core duties of the Royal Turks and Caicos Islands Police Force (RTCIPF) includes internal security by preventing and detecting crime, protection of life and property and maintaining the peace. The RTCIPF investigates and develops ML/TF cases to lead to the prosecution of criminals before the court and to recover the proceeds of crime. A senior officer of the RTCIPF may apply for Production Orders under Proceeds of Crime Ordinance in relation to criminal conduct, criminal recovery investigations and money laundering investigations.
Collection of import and export duties on behalf of the Turks and Caicos Islands Government is performed by the Collector of Customs. Preventing and interdicting illegal drugs and other prohibited and restricted goods is one of the core functions of the Customs Department, in addition to facilitating legitimate trade and international travel.
The Financial Intelligence Agency
Established by the Financial Intelligence Agency Ordinance Cap 3.20, the Financial Intelligence Agency plays a central role in the Turks and Caicos Islands anti- money laundering regime and serves as the unit to receive Suspicious Activity Reports made by Financial Businesses and DNFBPs.
Upon receipt of Suspicious Activity Reports/Suspicious Transaction Reports the Financial Intelligence Agency conducts enquiries to develop the information. This information is also assessed for its relevance and usefulness to other Financial Intelligence Units or law enforcement agencies (LEAs). From these efforts, various products may be developed following the Agency’s analysis and its findings. Some of these products include intelligence reports, spontaneous disseminations and financial profiles.