ANTIGUA AND BARBUDA

ANTIGUA AND BARBUDA

MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT) BILL 2019

NO. OF 2019

Mutual Assistance in Criminal Matters

(Amendment) Bill 2019

No. of 2019

2

No. of 2019

Mutual Assistance in Criminal Matters (Amendment)

Bill 2019

3

ANTIGUA AND BARBUDA

MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT) BILL 2019

NO. OF 2019

ARRANGEMENT OF CLAUSES

Clauses

1. Short title

2. Interpretation

3. Amendment of Section 3 – Interpretation

4. Amendment to Section 19 – Acceptance or refusal of requests, etc.

5. Amendment to Section 27 – Assistance to country in relation to certain orders

6. Amendments to Section 29 – Definition for purposes of Part IV

7. Amendment to Section 30 – Implementation of treaty

Mutual Assistance in Criminal Matters

(Amendment) Bill 2019

No. of 2019

4

ANTIGUA AND BARBUDA

MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT) BILL 2019

NO. OF 2019

AN ACT to amend The Mutual Assistance in Criminal Matters Act, 1993, No. 2 of 1993

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. Short title

This Act may be cited as the Mutual Assistance In Criminal Matters (Amendment) Act 2019.

2. Interpretation

In this Act –

“the principal Act” means the Mutual Assistance in Criminal Matters Act, 1993, No. 2 of 1993.

3. Amendment to Section 3 - Interpretation

The principal Act is amended in Section 3 (1) by repealing the definition of “confiscation order”

and replacing it as follows –

“confiscation order” refers to any order made in any criminal or civil proceedings for the forfeiture

or recovery of property derived from criminal conduct;”

4. Amendment to Section 19 – Acceptance or refusal of requests

Subsection 19 of the principal Act is amended by inserting immediately after the provisions of

subsection (2) a new subsection (2A) to be worded as follows –

“(2A) The central authority for Antigua and Barbuda may consider a request that would

otherwise be refused under the provisions of subsection (2) where the request does

not require Antigua and Barbuda to bring any criminal proceedings against or take

any coercive action against the person that is the subject of the request.”

5. Amendment to Section 30 – Implementation of treaty

Section 30 of the principal Act is amended in subsection (1) by –

(a) deleting the word “bilateral” which appears before the words “mutual assistance”; and

(b) by inserting after the word “country” but before the word “specified” the words, “or any

number of countries that are Parties to the treaty”

No. of 2019

Mutual Assistance in Criminal Matters (Amendment)

Bill 2019

5

Passed by the House of Representatives

on the day of 2019.

Passed by the Senate on the

day of 2019.

Speaker

Clerk to the House of Representative

President

Clerk to the Senate

Mutual Assistance in Criminal Matters

(Amendment) Bill 2019

No. of 2019

6

EXPLANTORY MEMORANDUM

Clause 3 - Amendment to Section 3 of the Act provides for a broadening of the definition of the

term “confiscation order” to include not only orders made on criminal proceedings but also in civil

proceeding regardless of the statute under which the proceedings are brought.

Clause 4 - Amendment to Section 19 of the Act addresses FATF criterion 37.6 and Intermediate

Outcome-2 which requires that dual criminality not be an absolute condition for refusing to render

mutual legal assistance. The amendment introduces a new subsection (2A) which puts it within

the power of the Central Authority in Antigua and Barbuda to consider any request as long as

compliance with the request would not require Antigua and Barbuda to bring criminal proceedings

or take any coercive measure against the individual that is the subject of the request.

Clause 5 - Amendment to Section 30 of the Act removes the word “Bilateral” which may be

interpreted as restricting mutual legal assistance only to cases where a bilateral treaty exists; and

inserts the words, “or any number of countries that are Parties to the treaty” to make abundantly

clear that the legislation also applies to multilateral treaties for mutual assistance in criminal

matters.

Hon. Steadroy C. O. Benjamin

Minister with responsibility for Legal Affairs,

National Security and labour