Vanuatu Enacts Proceeds of Crime Law to Combat Financial Crime

The Republic of Vanuatu has enacted its proceeds of crime law in 2002, with subsequent amendments in 2005, 2012, and 2017. The Proceeds of Crime Act 2002 is the cornerstone legislation governing financial crimes in the Pacific nation.

Definition of Proceeds of Crime

The Act defines “proceeds of crime” as property derived or realised directly or indirectly from a serious offence, including:

• Income
• Capital
• Other economic gains

In cases where proceeds are intermingled with other assets, the proportion representing the original proceeds is deemed to be proceeds of crime.

Purpose and Scope of the Act

The Proceeds of Crime Act aims to provide for the confiscation of proceeds of crime and related purposes, primarily governing crimes and matters pertaining to such crimes. The legislation operates in conjunction with other laws, including:

• Penal Code Cap 135
• Criminal Procedure Code Cap 136
• Civil Procedure Rules No. 49 of 2002

Implementation and Enforcement

The Office of the Public Prosecutor (OPP) plays a crucial role in implementing the Proceeds of Crime Act, working closely with Vanuatu Law Enforcement Agencies to ensure compliance and enforcement. Recent amendments have empowered the Public Prosecutor and prosecutors to appear in civil courts for applications related to:

• Restraining proceeds and instruments of crime
• Forfeiting proceeds

Contact Information

The OPP serves as the central authority for all matters relating to proceeds of crime, and can be contacted at:

Rue De Queiros, Port Vila, Vanuatu Telephone: (678) 22271 Facsimile: (678) 26168 Private Mail Bag 9035