Drug Trafficking Offences Act (Revised Edition 2020)

Summary

This is the Virgin Islands' primary statute for tackling the proceeds of drug trafficking, consolidated to reflect amendments through 2017 and revised as at 1 January 2020. It creates drug trafficking related offences (including money laundering offences), and gives courts and law enforcement powers to trace, restrain, confiscate and forfeit criminal proceeds, alongside investigative powers such as search warrants and cash seizure.

• Confiscation and restraint: Courts may make confiscation orders against convicted defendants' benefit from drug trafficking, and restraint or charging orders can freeze or secure realisable property (including gifts) pending proceedings.
• Money laundering offences: Creates offences of assisting another to retain the benefit of drug trafficking (s.33), acquiring, possessing or using property representing drug trafficking proceeds (s.34), and concealing or transferring such property (s.35).
• Disclosure and tipping off: Imposes a duty to disclose knowledge or suspicion of drug money laundering (s.36) and prohibits tipping off persons under investigation (s.37).
• Investigative powers: Provides for orders to make material available, search authority, disclosure of information held by government departments, and seizure and detention of cash suspected to be linked to drug trafficking.
• External and enforcement measures: Enables registration and enforcement of external confiscation orders from other jurisdictions, and sets out forfeiture procedures, interest on seized cash, and appeal rights.

The Act applies broadly to any person within the Virgin Islands (and, for certain conduct, elsewhere) rather than to a defined class of licensed entities, but its disclosure and tipping off provisions are of particular relevance to financial institutions and other persons who handle funds or property that may derive from drug trafficking.

Key obligations

• Any person with knowledge or suspicion that property represents the proceeds of drug trafficking must disclose that knowledge or suspicion (failure to disclose is an offence under section 36).
• Persons must not tip off another person that a disclosure or investigation relating to drug trafficking or drug money laundering has been made or is underway (section 37).
• Persons must not assist another to retain the benefit of drug trafficking, acquire, possess or use property representing proceeds of drug trafficking, or conceal or transfer such property (sections 33 to 35).
• A person claiming ownership of property subject to forfeiture must show cause within 30 days from the date of conviction why a forfeiture order should not be made (section 50(3)).
• A party aggrieved by a Magistrate's order under the cash seizure and forfeiture provisions may appeal to the Court of Appeal within 30 days from the date of the order (section 49).

Applies to

any person in the Virgin Islands, defendants in drug trafficking proceedings, persons holding or dealing with property suspected to represent proceeds of drug trafficking, financial institutions and other persons subject to disclosure and tipping off obligations

Deadlines

• 30 days from the date on which the order is made: Deadline for a party aggrieved by a Magistrate's order under sections 48/49 (cash seizure and forfeiture) to appeal to the Court of Appeal.
• 30 days from the date of conviction: Period within which a person claiming ownership or interest in property must show cause why a forfeiture order under section 50 should not be made.

Related documents

• Drug Trafficking Offences (Amendment) Act, 2021 amends this document
• Drug Trafficking Offences (Amendment) Act, 2023 amends this document
• Drug Trafficking Offences (Amendment) Act, 2025 (No. 8 of 2025) amends this document