Definition:
In an effort to help combat money laundering and the abuse of Belize's
fledgling international financial services industry, the Government of
Belize introduced the Money Laundering (Prevention) Act 1996 which became
effective on 1 August 1996. Section 2(1) of the Act defines "money
laundering" as:
(i) engaging, directly or indirectly in a transaction that involves
property that is the proceeds of crime, knowing or having reasonable
grounds for believing the same to be proceeds of crime;
(ii) receiving, possessing, managing, investing, concealing, disguising,
disposing of or bringing into Belize any property that is the proceeds
of crime, knowing or having reasonable grounds for believing the same
to be the proceeds of crime.
Money laundering is punishable by a fine of between twenty-five thousand
and one hundred thousand dollars and/or imprisonment for a term of between
three and six years.
Most attempts at money laundering involve either an inducement or deception
of a service provider or a member of their staff to accept deposits or
the transfer of funds, securities and other negotiable instruments which
are the proceeds of crime or to provide safe custody facilities for such
funds or assets.
The most common form of money laundering encountered on a day-to-day
basis takes the form of accumulated cash transactions that are deposited
in the banking system or exchanged for valued items. Electronic fund transfer
systems increase the vulnerability of the banking system by enabling the
cash deposits to be switched between accounts in different names and between
different jurisdictions.
The Money Laundering (Prevention) Act of 1996 creates specific procedures
and standards that, when adhered to, will ensure that The BOSL Group,
and the financial services industry in Belize in general, remains free
of tainted funds and other assets.
Primarily, the Act requires that a "business transaction record"
is maintained for each transaction undertaken by a financial services
provider. This record should include, where relevant, the following information:
A financial services provider commits a criminal offence if it fails
to keep a business transaction record as required by the Act.
The BOSL Group is very mindful of the fact that the potential exists
for an unscrupulous or deceitful client to abuse the services it offers
through its operating companies and, accordingly, has chosen to implement
this anti-money laundering policy. Strict adherence to the guidelines
and due diligence procedures set out herein will help to mitigate any
unknowing involvement of any member of The BOSL Group, or its staff, in
any such illicit activity.
Policy:
- To conduct all necessary due diligence procedures in order to ascertain
the true identities of all clients and potential clients. In this way,
it will not be possible to transfer any assets to any of the Group's
operating companies anonymously.
- To take steps to verify that all assets transferred to any operating
company are from legitimate sources in order to ensure that such assets
are not the proceeds of crime.
- To ensure that all staff are aware of the need to maintain vigilance
regarding all unusual transactions or series of transactions.
- Where there is reasonable suspicion that any such transactions or
series of transactions constitute money laundering, to forthwith report
such suspicion as provided by law.
- To scrupulously maintain the business transaction records required
by law.
- To comply fully with all guidelines and regulations promulgated by
the Government of Belize in an effort to maintain Belize's good reputation
as an ethical financial centre committed to combating economic crimes.
- To confirm, define and conform with the established rules of good
conduct in all facets of financial business.
These guidelines constitute the official policy of The BOSL Group. They
will remain in force until amended by the Board of Directors of Belize
Offshore Services Limited in compliance with legislation or subsidiary
legislation enacted by the Government of Belize. They are, however, subject
to the following conditions:
a) Except where specifically provided by the Money Laundering (Prevention)
Act, or other relevant law, the Group's obligation to maintain the confidentiality
of its clients' affairs continues in full force.
b) It is not the intention of these guidelines to:
These guidelines are intended to ensure the careful determination of
a client's identity and to permit thereby the efficient accomplishment
of the Group's obligation to maintain adequate business transaction
records and to furnish appropriate information, as provided for under
Belizean law. All such records must be kept for a minimum of five years.