Dominica

Last updated: 24/09/2009

CENTRAL AUTHORITY FOR REPORTING

Dominica’s Financial Intelligence Unit is the Central Authority for AML reporting in Dominica. It operates under the Eastern Caribbean Central Bank (ECCB).

OTHER ANTI-MONEY LAUNDERING REGULATOR(S)

Eastern Caribbean Securities Regulatory Commission (This is only applicable to companies listed on the Eastern Caribbean Securities Market (ECSM));
National Committee Against Money Laundering;
Financial Analysis Unit;
The Superintendence of Banks;
the Internal Tax Office;
Drug Control Office.

ARE LAWYERS COVERED BY ANTI-MONEY LAUNDERING LEGISLATION?

Under the Money Laundering (Prevention) Act 2000, lawyers are not directly covered by anti-money laundering legislation.

LIST THE LAWS REGARDING ANTI-MONEY LAUNDERING, INDICATING WHICH LAWS ARE APPLICABLE TO LAWYERS.

Drugs (Prevention of Misuse) Act 1988;
ECCB’s Offshore Banking (Amendment) Act No. 16 of 2000 (Text not available);
International Business Companies Act (IBCA) 1996 (Text not available);
Money Laundering (Prevention) Act 2000 as amended by Act No. 13 of 2001;
Money Laundering (Prevention) Regulations 2001;
Mutual Assistance in Criminal Matters Act 1990;
Proceeds of Crime Act 1993;
Suppression of the Financing of Terrorism Act 2003.

ARE VISITING LAWYERS SUBJECT TO LOCAL LAWS REGARDING ANTI-MONEY LAUNDERING, AND, IF SO, TO WHAT EXTENT?

Under Article 8 of the Money Laundering (Prevention) Act 2000, visiting lawyers are only subject to general local laws which permit the Financial Intelligence Unit to investigate any offence regardless of whether it is committed within the jurisdiction.

LIST ANY MONEY LAUNDERING GUIDANCE FOR LAWYERS (FOR EXAMPLE, LAW SOCIETY OR BAR ASSOCIATION GUIDELINES) CURRENTLY IN PLACE.

There are currently no anti-money laundering guidance in place for lawyers.

IS THE LAW SOCIETY/BAR ASSOCIATION INVOLVED IN SUPERVISING OR ENFORCING COMPLIANCE WITH ANTI-MONEY LAUNDERING REGULATIONS?

Under the Code of Ethics for the Organization of Eastern Caribbean States (OECS) Bar, none of its provisions apply to the conduct of lawyers pertaining to anti-money laundering.

DESCRIBE CLIENT DUE DILIGENCE REQUIREMENTS, INCLUDING WHEN IT MUST BE UNDERTAKEN BY LAWYERS.

Under Article16 Money Laundering (Prevention) Act 2000, lawyers are under no additional duty to undertake due diligence. Should they encounter a suspicious situation, they are under an ordinary civil duty to report.

Under Article 16(2) of the 2000 Act, situations which qualify as suspicious are not defined. Instead, they are determined objectively having regard to all facts and surrounding circumstances.

DOES YOUR COUNTRY FOLLOW A RISK-BASED APPROACH TO CLIENT DUE DILIGENCE BY LAWYERS?

(See previous section on what constitutes a suspicious situation).

ARE THERE ENHANCED DUE DILIGENCE MEASURES FOR CERTAIN TYPES OF CLIENTS, FOR EXAMPLE, POLITICALLY EXPOSED PERSONS?

N/A.

ARE THERE SIMPLIFIED DUE DILIGENCE MEASURES FOR CERTAIN TYPES OF CLIENTS, FOR EXAMPLE, LISTED COMPANIES?

N/A.

ARE LAWYERS PERMITTED TO RELY ON THIRD PARTY DUE DILIGENCE? IF YES, PLEASE DESCRIBE.

N/A.

WHEN IS A LAWYER UNDER AN OBLIGATION TO REPORT SUSPICIOUS TRANSACTIONS?

There is currently no law specifically obliging a lawyer to report a money laundering offence.

DOES ATTORNEY/CLIENT PRIVILEGE AND/OR DUTIES OF CONFIDENTIALITY PROVIDE A DEFENCE OR PARTIAL/TOTAL EXCEPTION TO THE REQUIREMENT TO REPORT SUSPICIOUS TRANSACTIONS?

The OECS Bar Association’s Code of Ethics (of which Dominica is a party to) is silent on client privileges and duties of confidentiality.

DOES LOCAL LAW PROVIDE ANY CRIMINAL AND/OR CIVIL INDEMNITY TO A LAWYER WHO HAS REPORTED A SUSPICIOUS TRANSACTION?

No.

ONCE A SUSPICIOUS TRANSACTION REPORT HAS BEEN FILED, IS A LAWYER ALLOWED TO PROCEED WITH THE LEGAL ADVICE/TRANSACTION, AND, IF SO, MUST CONSENT FROM AUTHORITIES BE OBTAINED FIRST?

No.

IS THERE A TIPPING-OFF PROHIBITION? IF YES, PLEASE DESCRIBE.

There are no tipping-off prohibitions.

DESCRIBE ANY RESTRICTIONS ON ACCEPTING A NEW CLIENT.

There are no restrictions.

ARE THERE ONGOING MONITORING REQUIREMENTS FOR EXISTING CLIENTS? IF YES, PLEASE DESCRIBE.

N/A.

DESCRIBE ANY OTHER WAYS IN WHICH LAWYERS ARE AFFECTED BY ANTI-MONEY LAUNDERING LEGISLATION.

Under Article 3 of the Money Laundering (Prevention) Act 2000, lawyers are only affected indirectly through criminal law that prevents all citizens from conduction money laundering acts.

HAVE LAWYERS IN YOUR JURISDICTION BEEN IMPLICATED IN MONEY LAUNDERING, INCLUDING ANY TYPE OF COMPLAINT, ARREST OR PROSECUTION?

According to the INCSR 2008 Volume II prepared by the US Department of State, there have been no convictions in Dominica pertaining to anti-money laundering laws to date.

There have been no cases regarding a lawyer’s failure to follow anti-money laundering requirements.

HAS THE FINANCIAL ACTION TASK FORCE (FATF) CONDUCTED A MUTUAL EVALUATION OF THIS COUNTRY, AND, IF SO, WHAT WERE THE FINDINGS CONCERNING LAWYERS’ COMPLIANCE WITH THE FATF 40+9 RECOMMENDATIONS?

Neither the Financial Action Task Force (FATF) nor the Caribbean Financial Action Task Force (CFATF) has conducted a mutual evaluation of this country.

Since the implementation of the Money Laundering (Prevention) Act 2000, Dominica has been taken off the FAFT’s list of blacklisted countries which have been identified as non-cooperative in the fight against money laundering.

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