Criminal Justice (International Cooperation) (Amendment) Act, 2021

Summary

This is a Virgin Islands legislative amendment act that revises the Criminal Justice (International Cooperation) Act, 1993. Its main effect is administrative: it replaces references to the Director of Public Prosecutions with the Attorney General throughout the principal Act, and it creates a new statutory body, the Council of Competent Authorities, to coordinate international cooperation on law enforcement, regulatory, and tax matters.

• Terminology change: Sections 2, 3, 4, 5, 8, 24 and Schedule 1 of the principal Act are amended by substituting Attorney General for Director of Public Prosecutions, removing certain consultation requirements with the Director of Public Prosecutions.
• New Council established: A Council of Competent Authorities is created, chaired by the Managing Director of the Financial Services Commission, with the Attorney General as Deputy Chairperson and members including the Directors of the Financial Investigation Agency and the International Tax Authority, and a Governor's Office representative.
• Council functions: The Council is responsible for setting policies and standards, coordinating competent authorities, reporting to the National Anti-money Laundering and Terrorist Financing Coordinating Council, providing technical assistance and training, and undertaking risk assessments on money laundering, terrorist financing and proliferation financing as they relate to international cooperation.
• Governance mechanics: The Council has a quorum of three, must meet at least once every quarter, sets its own procedures and agenda, and may co-opt staff or form sub-committees, though final decisions must be taken by the Council itself.

The Act does not itself impose direct compliance obligations on private-sector regulated entities such as banks or fund administrators; its obligations run to the named government bodies and officials who now sit on the Council of Competent Authorities. Commencement is not immediate but is left to a Governor's Proclamation to be published in the Gazette.

Key obligations

• Members of the Council of Competent Authorities must endeavour to attend and participate in all Council meetings, or designate a senior officer to represent them if unable to attend
• The Council of Competent Authorities must meet not less than once every quarter
• The Council must prepare and submit periodic reports to the National Anti-money Laundering and Terrorist Financing Coordinating Council on identified needs and reforms and on the functioning of the Virgin Islands' cooperation regimes

Applies to

Financial Services Commission, Attorney General's office, Financial Investigation Agency, International Tax Authority, Governor's Office

Deadlines

• such date as the Governor may by Proclamation appoint: Commencement date of the Act
• not less than once in every quarter: Required frequency of Council of Competent Authorities meetings

Related documents

• This document amends Criminal Justice (International Co-operation) Act (Revised Edition 2020)