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Money Laundering, Terrorism Financing, and Fraud in the British Virgin Islands

The British Virgin Islands (BVI) has implemented strict regulations to combat money laundering, terrorism financing, and fraud. This article outlines key points related to predicate offences, de minimis rules, penalties and plea agreements, defences, record keeping, disclosure, and compliance.

Predicate Offences

Predicate offences are set out in the Proceeds of Criminal Conduct Act 1997 and the Drug Trafficking Offences Act 1992. The BVI has adopted an ‘all crimes’ approach to predicate offences under its Anti-Money Laundering (AML) and terrorist financing regime.

Predicate Offences Include:

  • Proceeds of Criminal Conduct Act 1997
  • Drug Trafficking Offences Act 1992

De Minimis Rules

No de minimis rules apply to money laundering, terrorism financing, and fraud offences in the BVI. This means that even small amounts of illicit activity are subject to prosecution.

Penalties and Plea Agreements

The penalties for committing an offence under Proceeds of Criminal Conduct Act 1997 or the Drug Trafficking Offences Act 1992 can include:

  • Up to 14 years’ imprisonment
  • A fine of up to $500,000, or both

Convictions for fraud under the Criminal Code may result in up to 10 years’ imprisonment on indictment. Plea agreements are available and the director of public prosecution has discretion as to whether to accept them.

Defences

Defences may arise where a party can show that it acquired, transferred, used or possessed property for adequate consideration. A statutory defence is created where a party reports a suspicious transaction to the Financial Investigation Agency (FIA). A party may also have a defence where it can show that it did not know or suspect and had no reasonable grounds to know or suspect that another party was engaged in money laundering.

Possible Defences Include:

  • Adequate consideration
  • Reporting a suspicious transaction to the FIA
  • Lack of knowledge or suspicion

Record Keeping, Disclosure, and Compliance

Relevant persons are required to establish and maintain records of:

  • The nature of evidence obtained for verifying identities
  • All transactions carried out by or on behalf of a person (e.g. records sufficient to identify the source and recipient of payments)
  • All reports made to the FIA
  • All inquiries relating to money laundering received from the FIA

Companies are advised to establish internal systems and controls, effect customer due diligence measures, practice good record keeping, and provide employee training.

Compliance Requirements Include:

  • Verifying identities
  • Maintaining transaction records
  • Reporting suspicious transactions to the FIA
  • Providing employee training

Private Enforcement

Private actions can be brought in the BVI courts for damages arising from money laundering, terrorism financing, or fraud. Damages are calculated to put the aggrieved party in the position that it would have been in had the breach not occurred. Other remedies may be awarded to successful claimants, including an injunction, an account of profit, a rescission, or a rectification.

Possible Remedies Include:

  • Damages
  • Injunction
  • Account of profit
  • Rescission
  • Rectification