Law library · Sierra Leone · The Anti-Money Laundering Act, 2005
Section 1, The Anti-Money Laundering Act, 2005
Status not yet checkedThe Anti-Money Laundering Act, 2005, Sierra Leone
(1) In this Act, unless the context otherwise requires - “Attorney-General” means the Attorney-General and
Minister of Justice;
“Authority” means the Anti-Money Laundering
Authority appointed by section 12;
“business transaction” means any arrangement
between two or more persons where the purpose of
the arrangement is to facilitate a transaction between
the persons concerned and includes the opening of
an account and any related transaction between any
of the persons concerned and any other person;
“business transaction record” includes, where
relevant to a business transaction -
(a) the identification records of all the parties to
that transaction;
(b) a description of that transaction sufficient
to identify its purpose and method of
execution;
(c) the details of any account used for that
transaction, including bank branch and sort
code; and
(d) the total value of that transaction;
“CISU” means the Central Intelligence and Security
Unit referred to in section 11 of the National Security
and Central Intelligence Act, 2002;
“competent authority” means the Attorney-General,
the Director-General of CISU or the Governor of the
Bank of Sierra Leone and includes any person or persons appointed
by any one of them to carry out the functions of the competent
authority as provided in this Act;
“court” means a Magistrates’ Court or the High Court;
“document” means any record of information, and includes–
(a) anything on which there is writing;
(b) anything on which there are marks, figures, symbols or
perforations having a meaning for persons qualified to
interpret them;
(c) anything from which sounds, images or writings can be
reproduced with or without the aid of anything else; or
(d) a map, plan, drawing or photograph;
‘‘financial institution” means any person whose regular occupation
or business is the carrying out of–
(a) any activity listed in Part I of the First Schedule and
includes the activities of the non-financial businesses and
professions listed in Part II of the First Schedule; and
(b) any other activity specified by the Authority by order made
by statutory instrument;
“freezing” means restraining any transaction or dealing in anything;
“identification record” means–
(a) where the person is a corporate body, the details–
(i) of the certificate of incorporation, notarised, where
the corporate body is incorporated abroad;
(ii) of the most recent annual return to the registrar under
the Companies Act, or such returns notarised where
the corporate body is incorporated abroad;
Interpretation.
Act No. 10 of
2002.
Cap. 249.
No. 6 Anti-Money Laundering Act 2005No. 6 Anti-Money Laundering Act 20054 5
(iii) of any officer of the corporation as
required in subparagraph (b) of this
definition;
(b) otherwise, sufficient documentary evidence
to prove to the satisfaction of a financial
institution that the person is who that person
claims to be;
and for those purposes “person” shall include any
person who is a nominee, agent, beneficiary or principal
in relation to a business transaction;
“money laundering” means the offence stated in
section 2;
“proceeds of crime” means the proceeds of unlawful
activity wherever committed and includes any
property that is acquired and traceable to proceeds
of unlawful transactions;
“property” includes money and all other property real
or personal, heritable or moveable, including things
in action and other intangible or incorporeal property
wherever situate and includes any interest in such
property;
“requesting State” means any State which makes a
request for assistance under Part V;
“unlawful activity” means any activity which under
any law anywhere is a crime and is punishable by
death or imprisonment for a maximum period of not
less than twelve months;
(2) A reference in this Act to a document includes a
reference to–
(a) any part of the document;
(b) any copy, reproduction or duplicate of the
document or of any part of the document, or
(c) any part of such copy, reproduction or
duplicate.
PART II–MEASURES TO COMBAT MONEY LAUNDERING
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