Law library · Sierra Leone · The Anti-Money Laundering Act, 2005
Section 21, The Anti-Money Laundering Act, 2005
Status not yet checkedThe Anti-Money Laundering Act, 2005, Sierra Leone
(1) A competent authority, upon application to a courtand satisfying the court that the Attorney-General has charged or is
about to charge a person with money laundering, may apply for an
order freezing the property of, or in the possession or under the
control of that person, wherever it may be.
(2) The court, in making any order freezing the property
of any person referred to in subsection (1), may give directions as
to–
(a) the duration, subject to subsection (3), of the
freezing order;
(b) the disposal of that property for the purpose
of–
(i) determining any dispute as to the
ownership of or other interest in the
property or any part thereof;
(ii) its proper administration during the
period of freezing;
(iii) the payment of debts incurred in good
faith due to creditors prior to the order;
(iv) the payment of moneys to that person
for the reasonable subsistence of that
person and his family;
(v) the payment of the costs and other
expenses of that person to defend
criminal proceedings against him.
(3) An order made under subsection (l) shall cease to
have effect at the end of the period of seventy two hours following
the hour the order was made should the person against whom such
order was made not have been charged with the offence of money
laundering within that time.
(4) The Government of Sierra Leone or the competent
authority shall not be liable for any damages or cost arising directly
or indirectly from the making of a freezing order unless it can be
proved that the application for the freezing of the property was not
made in good faith.
Freezing of
assets of
suspects.
No. 6 Anti-Money Laundering Act 2005No. 6 Anti-Money Laundering Act 2005 1918
(5) Where the court makes an order for the administration
of frozen property, the person charged with the administration of the
property shall not be liable for any loss or damage to the property or
for the cost of proceedings taken to establish a claim to the property
or to any interest in the property unless the court in which the claim
is made is of the opinion that the person has been guilty of negligence
in respect of the taking of custody and control of the property.
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