OTHER
List of Offenses for determining Criminal Conduct as predicate offenses in Seychelles
- Participation in an organised criminal group and racketeering: Conspiracy to commit felony
- Terrorism
- Terrorism Financing
- Trafficking in human being including migrant smuggling
- Sexual exploitation
- Illicit trafficking in narcotics and psychotropic substances
- Illicit arms trafficking
- Illicit trafficking in stolen and other goods
- Corruption and bribery
- Fraud
- Counterfeiting currency
- Counterfeiting and piracy of products
- Environmental crimes
- Murder, grievous bodily injury
- Kidnapping, illegal restraint and hostage taking
- Robbery and general theft
- Smuggling (including in relation to customs and excise duties and taxes)
- Tax crimes
- Extortion
- General Forgery including forgery of any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker
- Piracy
- Insider trading and market manipulation
- Market manipulation
- Virtual Asset
This list does not constitute the full spectrum of offences which constitutes criminal conduct
Definition of Money Laundering
As per s3 of the AML/CFT Act 2020:
- ‘A person is guilty of money laundering if, knowing or believing that property is or represents the benefit of criminal conduct or being reckless as to whether the property is or represents such benefit, the person, without lawful authority or excuse (the proof of which shall lie on the person)
- converts, transfers or handles the property, or removes it from the Republic;
- conceals or disguises the true nature, source, location, disposition, movement or ownership of the property or any rights with respect to it;
- acquires, possesses or uses the property.
- Removing property from the Republic shall include references to removing it from another country or territory and moving property within the Republic or a country or territory in preparation for or for the purpose of removing it from the Republic or the country or territory in question.
- Any person who participates in such conduct as described in subsections (1)(a), (1)(b) or (1)(c) of this section including but not limited to, aiding, abetting, assisting, attempting, counselling, conspiring, concealing or procuring the commission of such conduct commits the offence of money laundering as a principal offender and shall be liable to be tried and punished accordingly.
Definition of Terrorism financing
As per the AML/CFT Act, “Terrorist financing activities” (See s2 interpretation of Suspicious Transaction Report) means the provisioning of material support in the form of funds to terrorist acts, terrorists and terrorist organisations and covered under section 5 of the Prevention of Terrorism Act (Cap 179), and the expression “financing of terrorist activities” shall be construed accordingly.
As per the Prevention of Terrorism Act, every person who provides or collects, by any means, directly or indirectly, any funds intending, knowing or having reasonable grounds to believe that the funds will be used in full or in part to carry out a terrorist act commits an offence and shall, on conviction, be liable to imprisonment for a term not less than 7 years and not more than 20 years.
Definition of criminal conduct
As per the Act, “criminal conduct” means conduct which—
- constitutes any act or omission against any law of the Republic including the financing of terrorism as referred to in the Prevention of Terrorism Act;
- where the conduct occurs outside the Republic, would constitute such an offence if it occurred within the Republic and also constitutes an offence under the law of the country or territorial unit in which it occurs;
- includes any act or omission against any law of another country or territory whether committed in that other country or territory or elsewhere, unless the Attorney General certifies in writing that it would not be in the public interest to take action in the Republic in relation to an act or omission as defined in this sub-section;
- includes participation in such conduct, including but not limited to, aiding, abetting, assisting, attempting, counselling, conspiring, concealing or procuring the commission of such conduct.
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