{"kind":"expression","expression":{"expr_id":"2303","doc_id":"2303","label":"Public Lands (Amendment and Validation) Act, 2023 (Act 9 of 2023)","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2023\/9\/eng@2023-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2023\/9\", \"expression\": \"\/akn\/ky\/bill\/2023\/9\/eng@2023-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2023\/9\/eng@2023-01-01.pdf\"}, \"pdf\": {\"md5\": \"36082ea3916a17c426b528eb8ec6bde7\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2023\/2023-0009\/2023-0009.pdf\", \"pages\": 15, \"filename\": \"2023-0009.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 3218, \"paragraph_count\": 20, \"text_char_count\": 21054}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"PROCEEDS OF CRIME (AMENDMENT) BILL, 2023 A BILL FOR AN ACT TO AMEND THE PROCEEDS OF CRIME ACT (2020 REVISION) IN ORDER TO REFORM THAT ACT IN THE AREAS OF INTELLIGENCE GATHERING AND INVESTIGATIONS; TO ENSURE THAT THE ACT CONFORMS TO INTERNATIONAL BEST PRACTICES; TO CLARIFY THE EVIDENTIAL BASIS ON WHICH IT MAY BE SHOWN THAT PROPERTY IS CRIMINAL PROPERTY OR IS OBTAINED THROUGH UNLAWFUL CONDUCT; TO AMEND THE ACT IN ORDER TO PROTECT SELFREGULATORY BODIES WHICH ARE SUPERVISORY AUTHORITIES FROM CERTAIN LIABILITY IN THE EXECUTION OF THEIR REGULATORY DUTIES; AND FOR INCIDENTAL AND CONNECTED PURPOSES Introduced PUBLISHING DETAILS Sponsoring Ministry\/Portfolio: Portfolio of Legal Affairs (PLA) Proceeds of Crime (Amendment) Bill, 2023 Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill seeks to amend the Proceeds of Crime Act (2020 Revision) (\u201cthe principal Act\u201d) in order to \u2014 (a) reform the principal Act in the areas of intelligence gathering and sharing, and investigations; (b) provide protection for self-regulatory bodies against liability; (c) ensure that the principal Act conforms to international best practices; (d) modernise the conduct of prosecutions, which includes clarifying the evidential basis on which it may be shown that property is criminal property or is obtained through unlawful conduct; and (e) provide for incidental and connected purposes. Clause 1 provides the short title of the legislation. Clause 2 makes a miscellaneous amendment to the drafting style of the legislation. Clause 3 amends the section heading of section 2 of the principal Act to bring it in line with the drafting style of the legislation in the Islands. Clause 3 also amends section 2 of the principal Act in order to \u2014 (a) provide definitions for \u201cappropriate officer\u201d, \u201cdesignated non-financial business and profession\u201d, and \u201cself-regulatory body\u201d; (b) delete the definitions of \u201cproperty investment\u201d and \u201csingle family office\u201d; and (c) amend the definition of \u201cvirtual asset\u201d. Clause 4 repeals section 2A of the principal Act which provides for the meaning of \u201csingle family\u201d. Clause 5 amends section 4(2) of the principal Act to provide that the Financial Reporting Authority may disseminate, in its discretion or upon request, information and results of any analysis to any competent authority, to any Supervisory Authority within the Islands and to such other institutions or persons in the Islands as may be designated in writing by the Steering Group and shall use dedicated, secure and protected channels for such dissemination. Clause 6 amends section 9 of the principal Act to provide that persons are also protected when they make disclosures of suspected offences, not just offences. Clause 5 also clarifies that the nominating office referred to in clause 9 is not an officer of the Financial Reporting Authority. Clause 7 provides a new Part 2A which provides for the immunity of self-regulatory bodies, and their employees and agents when carrying out their regulatory functions. A proposed Objects and Reasons Proceeds of Crime (Amendment) Bill, 2023 Introduced new section 14A provides that notwithstanding the provisions of any other Act, while carrying out a regulatory function under the legislation, a self-regulatory body which is a Supervisory Authority, and its manager, officers, employees and agents, shall not be liable in damages for anything done or omitted in the discharge or purported discharge of their respective regulatory functions unless it is shown that the act or omission was in bad faith or constituted wilful misconduct. Clause 8 amends section 79 of the principal Act in order to clarify the legal position on property obtained through unlawful conduct. Thus, it will be provided that in deciding whether any property was obtained through unlawful conduct it is not necessary to show that the conduct was of a particular kind if it is shown, inter alia, that \u2014 (a) the property was obtained through conduct of a specific kind or kinds, and that conduct of that kind or those kinds is unlawful conduct; or (b) the circumstances in which the property was handled are such as to give rise to the irresistible inference that it can only be derived from unlawful conduct. Clause 9 amends section 82 of the principal Act to align subsection (4) of that section more closely with the provisions of the U.K. Proceeds of Crime Act, 2002. Clause 10 amends section 110 of the principal Act to provide for a minimum realizable amount of money before a search can take place or a restraint ordered. No minimum amount is currently defined or prescribed. It is provided in the amendment to section 110 that it will be defined as one thousand Cayman Islands dollars. Clauses 11, 12 and 13 respectively amend sections 133, 134 and 135 of the principal Act. The sections deal with related matters. Sections 133, 134 and 135 of the principal Act create various money laundering offences, including concealing, arranging and possession of criminal property. All three sections contain a defence relating to the filing of a suspicious activity report. The defence in section 134 is worded slightly differently from that in sections 133 and 135. In sections 133 and 135, the defence of having filed a suspicious activity report does not apply to the person who committed, or was a party to, the offence from which the property derives. As such, these sections do not have the same negative connotations as section 134. However, it is important to note that these defences exist in the UK because of the consent regime in that jurisdiction, whereby a person submitting a suspicious activity report may obtain consent for a particular conduct from the financial intelligence unit. It was advised that due to the absence of a consent regime in the Islands, the purpose of these defences in the sections are unclear. It is therefore provided respectively in clauses 11, 12 and 13 that paragraphs (a) and (b) be deleted from sections 133(2), 134(2) and 135(2) of the principal Act. Clause 14 amends section 138(1)(b) of the principal Act to bring the language in line with the amendment to section 4(2)(ca) of the principal Act as provided in clause 4. Clause 15 amends section 144 of the principal Act by repealing and replacing subsection (5A) of section 144. This amendment is required in order to clarify how property may be Proceeds of Crime (Amendment) Bill, 2023 Objects and Reasons Introduced proved to be criminal property and to bring this part of the legislation in line with relevant UK legal authorities. Clause 16 amends section 196 of the principal Act. Section 196 deals with extradition. As currently drafted, it does not include a reference to Orders in Council made under the U.K. Extradition Act 2003. In light of the application of the Extradition Act 2003 (Overseas Territories) Order 2016 to the Islands, a reference in section 196 to Orders in Council made under that Act is now included. Clause 17 amends Schedule 5 of the principal Act to correct minor errors. Clause 18 amends Schedule 6 of the principal Act by repealing paragraphs 14B and 22 in order to provide that undertaking property investment without using a real estate agent or broker and operating a single family office do not fall within the definition of \u201crelevant financial business\u201d. Clause 19 contains transitional provisions. Proceeds of Crime (Amendment) Bill, 2023 Arrangement of Clauses Introduced PROCEEDS OF CRIME (AMENDMENT) BILL, Arrangement of Clauses Clause 1. 2. 3. 4. 5.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 9 - protection upon disclosure of information to Financial\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Insertion of Part 2A - immunity of self-regulatory bodies appointed as Supervisory 8.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"11. 12. 13. 14. 15. 16. Amendment of section 196 - extradition where Schedule 1 to the Extradition Act 2003 17. Amendment of Schedule 5 - modifications to the Act when applied to external 18. Amendment of Schedule 6 - activities falling within the definition of \u201crelevant financial 19. Proceeds of Crime (Amendment) Bill, 2023 Clause 1 Introduced PROCEEDS OF CRIME (AMENDMENT) BILL, A BILL FOR AN ACT TO AMEND THE PROCEEDS OF CRIME ACT (2020 REVISION) IN ORDER TO REFORM THAT ACT IN THE AREAS OF INTELLIGENCE GATHERING AND INVESTIGATIONS; TO ENSURE THAT THE ACT CONFORMS TO INTERNATIONAL BEST PRACTICES; TO CLARIFY THE EVIDENTIAL BASIS ON WHICH IT MAY BE SHOWN THAT PROPERTY IS CRIMINAL PROPERTY OR IS OBTAINED THROUGH UNLAWFUL CONDUCT; TO AMEND THE ACT IN ORDER TO PROTECT SELFREGULATORY BODIES WHICH ARE SUPERVISORY AUTHORITIES FROM CERTAIN LIABILITY IN THE EXECUTION OF THEIR REGULATORY DUTIES; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Proceeds of Crime (Amendment) Act, 2023.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of the Proceeds of Crime Act (2020 Revision) - references to Parts 2. The Proceeds of Crime Act (2020 Revision), in this Act referred to as the \u201cprincipal Act\u201d, is amended as follows \u2014 (a) by deleting the following words \u2014 (i) Part I; Clause 3 Proceeds of Crime (Amendment) Bill, 2023 Introduced (ii) Part II; (iii) Part III; (iv) Part IV; (v) Part V; (vi) Part VI; (vii) Part VII; (viii) Part VIII; (ix) Part IX; and (b) substituting the following words for those in paragraph (a) \u2014 (i) Part 1; (ii) Part 2; (iii) Part 3; (iv) Part 4; (v) Part 5; (vi) Part 6; (vii) Part 7; (viii) Part 8; and (ix) Part 9.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 2 - definitions and interpretation 3. The principal Act is amended in section 2 as follows \u2014 (a) in the section heading, by deleting the words \u201cDefinitions and\u201d; (b) by inserting, in the appropriate alphabetical sequence, the following definitions \u2014 \u201c \u201cappropriate officer\u201d means \u2014 (a) a constable; or (b) any other person so designated by the Cabinet by Order for the purposes of this Act; and \u201cdesignated non-financial business and profession\u201d means a natural or legal person designated as such in accordance with regulations made under this Act; and \u201cself-regulatory body\u201d means a body designated under this Act and regulations made under this Act as a Supervisory Authority for a designated non-financial business and profession;\u201d; (c) by deleting the definitions of \u201cproperty investment\u201d and \u201csingle family office\u201d; and Proceeds of Crime (Amendment) Bill, 2023 Clause 4 Introduced (d) in the definition of \u201cvirtual asset\u201d, by inserting after the word \u201cpurposes\u201d the words \u201cbut does not include any digital representation of fiat currencies\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Repeal of section 2A - meaning of \u201csingle family\u201d 4. The principal Act is amended by repealing section 2A.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 4 - powers, functions and duties of Financial Reporting Authority 5. The principal Act is amended in section 4(2) by repealing paragraph (ca) and substituting the following paragraph \u2014 \u201c(ca) may disseminate, in its discretion or upon request, information and results of any analysis to \u2014 (i) any competent authority; (ii) any Supervisory Authority within the Islands, and (iii) such other institutions or persons in the Islands as may be designated in writing by the Steering Group, and shall use dedicated, secure and protected channels for such dissemination;\u201d. 6. Amendment of section 9 - protection upon disclosure of information to Financial Reporting Authority 6. The principal Act is amended in section 9 by repealing subsection (1) and substituting the following subsection \u2014 \u201c(1) Without prejudice to any other provision of this Act, where a person discloses to a nominated officer or the Financial Reporting Authority information concerning \u2014 (a) the proceeds or suspected proceeds of criminal conduct; (b) money laundering or suspected money laundering; (c) terrorism or suspected terrorism; (d) the financing of terrorism or suspected financing of terrorism; or (e) the financing of proliferation or suspected financing of proliferation, the disclosure shall not be treated as a breach of any restriction upon the disclosure of information by any enactment or otherwise and the fact of such disclosure shall not give rise to any criminal or civil liability.\u201d. Clause 7 Proceeds of Crime (Amendment) Bill, 2023 Introduced 7. Insertion of Part 2A - immunity of self-regulatory bodies appointed as Supervisory Authorities 7. The principal Act is amended by inserting after Part 2 the following Part \u2014 \u201cPart 2A - Immunity of self-regulatory bodies appointed as Supervisory Authorities Immunity of a self-regulatory body which is a Supervisory Authority 14A. Notwithstanding the provisions of any other Act, while carrying out a regulatory function under this Act, a self-regulatory body which is a Supervisory Authority, and its managers, officers, employees and agents, shall not be liable in damages for anything done or omitted in the discharge or purported discharge of their respective regulatory functions unless it is shown that the act or omission was in bad faith or constituted wilful misconduct.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of section 79 - property obtained through unlawful conduct 8. The principal Act is amended in section 79(2) by repealing paragraph (b) and substituting the following paragraph \u2014 \u201c(b) it is not necessary to show that the conduct was of a particular kind if it is shown that \u2014 (i) the property was obtained through conduct of a specific kind or kinds, and that conduct of that kind or those kinds is unlawful conduct; or (ii) the circumstances in which the property was handled are such as to give rise to the irresistible inference that it can only be derived from unlawful conduct.\u201d. 9. Amendment of section 82 - application for property freezing order 9. The principal Act is amended in section 82 by repealing subsection (4) and substituting the following subsection \u2014 \u201c(4) The court may make a property freezing order on an application if it is satisfied that the condition in paragraph (a) is met and, where applicable, that the condition in paragraph (b) is met, that is to say \u2014 (a) the first condition is that there is a good arguable case \u2014 (i) that the property to which the application for the order relates is or includes recoverable property; and Proceeds of Crime (Amendment) Bill, 2023 Clause 10 Introduced (ii) that, if any of it is not recoverable property, it is associated property; and (b) the second condition is that if \u2014 (i) the property to which the application for the order relates includes property alleged to be associated property; and (ii) the Director of Public Prosecutions has not established the identity of the person who holds it, the Director of Public Prosecutions has taken all reasonable steps to do so.\u201d. Amendment of section 110 - searches\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"The principal Act is amended in section 110 as follows \u2014 (a) by repealing subsection (5) and substituting the following subsection \u2014 \u201c(5) The powers conferred by this section are exercisable only so far as reasonably required for the purpose of finding cash.\u201d; and (b) by inserting after subsection (7) the following subsection \u2014 \u201c(7A) For the purposes of this section and Schedule 5 the words \u201cminimum amount\u201d means one thousand Cayman Islands dollars.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Amendment of section 133 - concealing, etc. 11. The principal Act is amended in section 133(2) by repealing paragraphs (a) and (b).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Amendment of section 134 - arrangements 12. The principal Act is amended in section 134(2) by repealing paragraphs (a) and (b).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Amendment of section 135 - acquisition, use and possession 13. The principal Act is amended in section 135(2) by repealing paragraphs (a) and (b).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Amendment of section 138 - disclosure by the Financial Reporting Authority 14. The principal Act is amended in section 138(1) by repealing paragraph (b) and substituting the following paragraph \u2014 \u201c(b) may, where it has cause to suspect that criminal conduct has been committed, disclose any information received under this Act to \u2014 (i) any competent authority; (ii) any Supervisory Authority within the Islands; and (iii) such other institutions or persons in the Islands as may be designated in writing by the Steering Group; and\u201d. Clause 15 Proceeds of Crime (Amendment) Bill, 2023 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Amendment of section 144 - interpretation 15. The principal Act is amended in section 144 by repealing subsection (5A) and substituting the following subsection \u2014 \u201c(5A) It may be proved that property is criminal property \u2014 (a) by showing that it derives from conduct of a specific kind or kinds, and that conduct of that kind or those kinds is criminal conduct; or (b) by showing that the circumstances in which the property was handled are such as to give rise to the irresistible inference that it can only be criminal property.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Amendment of section 196 - extradition where Schedule 1 to the Extradition Act 2003 applies 16. The principal Act is amended in section 196 by deleting the words \u201cThe offences to which the Extradition Act (Overseas Territories) Order 2016 [UKSI 2016\/990] under sections 177, 178 and 244(2)\u201d and substituting the words \u201cThe offences to which the Extradition Act (Overseas Territories) Order 2016 (UKSI 2016\/990) and any other Order in Council made under sections 177, 178 and 224(2)\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Amendment of Schedule 5 - modifications to the Act when applied to external confiscation orders and related proceedings 17. The principal Act is amended in Schedule 5 as follows \u2014 (a) in paragraph 6 as follows \u2014 (i) in subparagraph (3)(a), by deleting the words \u201csubparagraph (5)\u201d and substituting the words \u201csubparagraph (4)\u201d; and (ii) in subparagraph (10), by deleting the words \u201csubparagraph (10)\u201d and substituting the words \u201csubparagraph (9)\u201d; and (b) in paragraph 7, by deleting the words \u201cparagraph 6(5)\u201d and substituting the words \u201cparagraph 6(4)\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Amendment of Schedule 6 - activities falling within the definition of \u201crelevant financial business\u201d 18. The principal Act is amended in Schedule 6 by repealing paragraphs 14B and 22. Proceeds of Crime (Amendment) Bill, 2023 Clause 19 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Transitional provisions 19. All proceedings pending at the date of the commencement of this amending Act in respect of offences committed or alleged to have been committed against the principal Act and to which any of the provisions in sections 8, 9, 11, 12, 13 and 15 of this amending Act apply, shall be continued and dealt with under this amending Act. Passed by the Parliament the            day of                       2023. 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TO ENSURE THAT THE ACT CONFORMS TO INTERNATIONAL\nBEST PRACTICES; TO CLARIFY THE EVIDENTIAL BASIS ON WHICH IT MAY BE\nSHOWN THAT PROPERTY IS CRIMINAL PROPERTY OR IS OBTAINED THROUGH\nUNLAWFUL CONDUCT; TO AMEND THE ACT IN ORDER TO PROTECT SELFREGULATORY BODIES WHICH ARE SUPERVISORY AUTHORITIES FROM CERTAIN\nLIABILITY IN THE EXECUTION OF THEIR REGULATORY DUTIES; AND FOR\nINCIDENTAL AND CONNECTED PURPOSES\n\nPage 2\n Introduced\nc\n\nPUBLISHING DETAILS\nSponsoring Ministry\/Portfolio: Portfolio of Legal Affairs (PLA)\n\nProceeds of Crime (Amendment) Bill, 2023\nObjects and Reasons\n\nc\n Introduced\nPage 3\n\nMemorandum of\nOBJECTS AND REASONS\nThis Bill seeks to amend the Proceeds of Crime Act (2020 Revision) (\u201cthe principal Act\u201d)\nin order to \u2014\n(a)\nreform the principal Act in the areas of intelligence gathering and sharing, and\ninvestigations;\n(b) provide protection for self-regulatory bodies against liability;\n(c) ensure that the principal Act conforms to international best practices;\n(d) modernise the conduct of prosecutions, which includes clarifying the evidential basis\non which it may be shown that property is criminal property or is obtained through\nunlawful conduct; and\n(e) provide for incidental and connected purposes.\nClause 1 provides the short title of the legislation.\nClause 2 makes a miscellaneous amendment to the drafting style of the legislation.\nClause 3 amends the section heading of section 2 of the principal Act to bring it in line\nwith the drafting style of the legislation in the Islands.\nClause 3 also amends section 2 of the principal Act in order to \u2014\n(a)\nprovide definitions for \u201cappropriate officer\u201d, \u201cdesignated non-financial business and\nprofession\u201d, and \u201cself-regulatory body\u201d;\n(b) delete the definitions of \u201cproperty investment\u201d and \u201csingle family office\u201d; and\n(c) amend the definition of \u201cvirtual asset\u201d.\nClause 4 repeals section 2A of the principal Act which provides for the meaning of \u201csingle\nfamily\u201d.\nClause 5 amends section 4(2) of the principal Act to provide that the Financial Reporting\nAuthority may disseminate, in its discretion or upon request, information and results of any\nanalysis to any competent authority, to any Supervisory Authority within the Islands and\nto such other institutions or persons in the Islands as may be designated in writing by the\nSteering Group and shall use dedicated, secure and protected channels for such\ndissemination.\nClause 6 amends section 9 of the principal Act to provide that persons are also protected\nwhen they make disclosures of suspected offences, not just offences. Clause 5 also clarifies\nthat the nominating office referred to in clause 9 is not an officer of the Financial Reporting\nAuthority.\nClause 7 provides a new Part 2A which provides for the immunity of self-regulatory bodies,\nand their employees and agents when carrying out their regulatory functions. A proposed\n\nObjects and Reasons\nProceeds of Crime (Amendment) Bill, 2023\n\nPage 4\n Introduced\nc\n\nnew section 14A provides that notwithstanding the provisions of any other Act, while\ncarrying out a regulatory function under the legislation, a self-regulatory body which is a\nSupervisory Authority, and its manager, officers, employees and agents, shall not be liable\nin damages for anything done or omitted in the discharge or purported discharge of their\nrespective regulatory functions unless it is shown that the act or omission was in bad faith\nor constituted wilful misconduct.\nClause 8 amends section 79 of the principal Act in order to clarify the legal position on\nproperty obtained through unlawful conduct. Thus, it will be provided that in deciding\nwhether any property was obtained through unlawful conduct it is not necessary to show\nthat the conduct was of a particular kind if it is shown, inter alia, that \u2014\n(a)\nthe property was obtained through conduct of a specific kind or kinds, and that\nconduct of that kind or those kinds is unlawful conduct; or\n(b)\nthe circumstances in which the property was handled are such as to give rise to the\nirresistible inference that it can only be derived from unlawful conduct.\nClause 9 amends section 82 of the principal Act to align subsection (4) of that section more\nclosely with the provisions of the U.K. Proceeds of Crime Act, 2002.\nClause 10 amends section 110 of the principal Act to provide for a minimum realizable\namount of money before a search can take place or a restraint ordered. No minimum\namount is currently defined or prescribed. It is provided in the amendment to section 110\nthat it will be defined as one thousand Cayman Islands dollars.\nClauses 11, 12 and 13 respectively amend sections 133, 134 and 135 of the principal Act.\nThe sections deal with related matters. Sections 133, 134 and 135 of the principal Act create\nvarious money laundering offences, including concealing, arranging and possession of\ncriminal property. All three sections contain a defence relating to the filing of a suspicious\nactivity report. The defence in section 134 is worded slightly differently from that in\nsections 133 and 135.\nIn sections 133 and 135, the defence of having filed a suspicious activity report does not\napply to the person who committed, or was a party to, the offence from which the property\nderives. As such, these sections do not have the same negative connotations as section 134.\nHowever, it is important to note that these defences exist in the UK because of the consent\nregime in that jurisdiction, whereby a person submitting a suspicious activity report may\nobtain consent for a particular conduct from the financial intelligence unit. It was advised\nthat due to the absence of a consent regime in the Islands, the purpose of these defences in\nthe sections are unclear. It is therefore provided respectively in clauses 11, 12 and 13 that\nparagraphs (a) and (b) be deleted from sections 133(2), 134(2) and 135(2) of the principal\nAct.\nClause 14 amends section 138(1)(b) of the principal Act to bring the language in line with\nthe amendment to section 4(2)(ca) of the principal Act as provided in clause 4.\nClause 15 amends section 144 of the principal Act by repealing and replacing subsection\n(5A) of section 144. This amendment is required in order to clarify how property may be\n\nProceeds of Crime (Amendment) Bill, 2023\nObjects and Reasons\n\nc\n Introduced\nPage 5\n\nproved to be criminal property and to bring this part of the legislation in line with relevant\nUK legal authorities.\nClause 16 amends section 196 of the principal Act. Section 196 deals with extradition. As\ncurrently drafted, it does not include a reference to Orders in Council made under the U.K.\nExtradition Act 2003. In light of the application of the Extradition Act 2003 (Overseas\nTerritories) Order 2016 to the Islands, a reference in section 196 to Orders in Council made\nunder that Act is now included.\nClause 17 amends Schedule 5 of the principal Act to correct minor errors.\nClause 18 amends Schedule 6 of the principal Act by repealing paragraphs 14B and 22 in\norder to provide that undertaking property investment without using a real estate agent or\nbroker and operating a single family office do not fall within the definition of \u201crelevant\nfinancial business\u201d.\nClause 19 contains transitional provisions.\n\nProceeds of Crime (Amendment) Bill, 2023\nArrangement of Clauses\n\nc\n Introduced\nPage 7\n\nCAYMAN ISLANDS\n\nPROCEEDS OF CRIME (AMENDMENT) BILL,\n2023\n\nArrangement of Clauses\nClause\nPage\n1.\nShort title ...................................................................................................................................9\n2.\nAmendment of the Proceeds of Crime Act (2020 Revision) - references to Parts .......................9\n3.\nAmendment of section 2 - definitions and interpretation ........................................................... 10\n4.\nRepeal of section 2A - meaning of \u201csingle family\u201d..................................................................... 11\n5.\nAmendment of section 4 - powers, functions and duties of Financial Reporting Authority ......... 11\n6.\nAmendment of section 9 - protection upon disclosure of information to Financial\nReporting Authority .................................................................................................................. 11\n7.\nInsertion of Part 2A - immunity of self-regulatory bodies appointed as Supervisory\nAuthorities ............................................................................................................................... 12\n8.\nAmendment of section 79 - property obtained through unlawful conduct .................................. 12\n9.\nAmendment of section 82 - application for property freezing order ........................................... 12\n10\nAmendment of section 110 - searches ..................................................................................... 13\n11.\nAmendment of section 133 - concealing, etc. ........................................................................... 13\n12.\nAmendment of section 134 - arrangements ............................................................................. 13\n13.\nAmendment of section 135 - acquisition, use and possession .................................................. 13\n14.\nAmendment of section 138 - disclosure by the Financial Reporting Authority ........................... 13\n15.\nAmendment of section 144 - interpretation ............................................................................... 14\n16.\nAmendment of section 196 - extradition where Schedule 1 to the Extradition Act 2003\napplies ..................................................................................................................................... 14\n17.\nAmendment of Schedule 5 - modifications to the Act when applied to external\nconfiscation orders and related proceedings ............................................................................ 14\n18.\nAmendment of Schedule 6 - activities falling within the definition of \u201crelevant financial\nbusiness\u201d ................................................................................................................................. 14\n19.\nTransitional provisions ............................................................................................................. 15\n\nProceeds of Crime (Amendment) Bill, 2023\nClause 1\n\nc\n Introduced\nPage 9\n\nCAYMAN ISLANDS\n\nPROCEEDS OF CRIME (AMENDMENT) BILL,\n2023\n\nA BILL FOR AN ACT TO AMEND THE PROCEEDS OF CRIME ACT (2020 REVISION) IN\nORDER TO REFORM THAT ACT IN THE AREAS OF INTELLIGENCE GATHERING AND\nINVESTIGATIONS; TO ENSURE THAT THE ACT CONFORMS TO INTERNATIONAL\nBEST PRACTICES; TO CLARIFY THE EVIDENTIAL BASIS ON WHICH IT MAY BE\nSHOWN THAT PROPERTY IS CRIMINAL PROPERTY OR IS OBTAINED THROUGH\nUNLAWFUL CONDUCT; TO AMEND THE ACT IN ORDER TO PROTECT SELFREGULATORY BODIES WHICH ARE SUPERVISORY AUTHORITIES FROM CERTAIN\nLIABILITY IN THE EXECUTION OF THEIR REGULATORY DUTIES; AND FOR\nINCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title\n1.\nThis Act may be cited as the Proceeds of Crime (Amendment) Act, 2023.\n2.\nAmendment of the Proceeds of Crime Act (2020 Revision) - references to\nParts\n2.\nThe Proceeds of Crime Act (2020 Revision), in this Act referred to as the \u201cprincipal\nAct\u201d, is amended as follows \u2014\n(a)\nby deleting the following words \u2014\n(i)\nPart I;\n\nClause 3\nProceeds of Crime (Amendment) Bill, 2023\n\nPage 10\n Introduced\nc\n\n(ii) Part II;\n(iii) Part III;\n(iv) Part IV;\n(v) Part V;\n(vi) Part VI;\n(vii) Part VII;\n(viii) Part VIII;\n(ix) Part IX; and\n(b) substituting the following words for those in paragraph (a) \u2014\n(i)\nPart 1;\n(ii) Part 2;\n(iii) Part 3;\n(iv) Part 4;\n(v) Part 5;\n(vi) Part 6;\n(vii) Part 7;\n(viii) Part 8; and\n(ix) Part 9.\n3.\nAmendment of section 2 - definitions and interpretation\n3.\nThe principal Act is amended in section 2 as follows \u2014\n(a)\nin the section heading, by deleting the words \u201cDefinitions and\u201d;\n(b) by inserting, in the appropriate alphabetical sequence, the following\ndefinitions \u2014\n\u201c \u201cappropriate officer\u201d means \u2014\n(a)\na constable; or\n(b) any other person so designated by the Cabinet by Order for the\npurposes of this Act; and\n\u201cdesignated non-financial business and profession\u201d means a\nnatural or legal person designated as such in accordance with\nregulations made under this Act; and\n\u201cself-regulatory body\u201d means a body designated under this Act and\nregulations made under this Act as a Supervisory Authority for a\ndesignated non-financial business and profession;\u201d;\n(c)\nby deleting the definitions of \u201cproperty investment\u201d and \u201csingle family\noffice\u201d; and\n\nProceeds of Crime (Amendment) Bill, 2023\nClause 4\n\nc\n Introduced\nPage 11\n\n(d) in the definition of \u201cvirtual asset\u201d, by inserting after the word \u201cpurposes\u201d\nthe words \u201cbut does not include any digital representation of fiat\ncurrencies\u201d.\n4.\nRepeal of section 2A - meaning of \u201csingle family\u201d\n4.\nThe principal Act is amended by repealing section 2A.\n5.\nAmendment of section 4 - powers, functions and duties of Financial\nReporting Authority\n5.\nThe principal Act is amended in section 4(2) by repealing paragraph (ca) and\nsubstituting the following paragraph \u2014\n\u201c(ca) may disseminate, in its discretion or upon request, information\nand results of any analysis to \u2014\n(i)\nany competent authority;\n(ii) any Supervisory Authority within the Islands, and\n(iii) such other institutions or persons in the Islands as may be\ndesignated in writing by the Steering Group,\nand shall use dedicated, secure and protected channels for such\ndissemination;\u201d.\n6.\nAmendment of section 9 - protection upon disclosure of information to\nFinancial Reporting Authority\n6.\nThe principal Act is amended in section 9 by repealing subsection (1) and substituting\nthe following subsection \u2014\n\u201c(1) Without prejudice to any other provision of this Act, where a person\ndiscloses to a nominated officer or the Financial Reporting Authority\ninformation concerning \u2014\n(a)\nthe proceeds or suspected proceeds of criminal conduct;\n(b) money laundering or suspected money laundering;\n(c)\nterrorism or suspected terrorism;\n(d) the financing of terrorism or suspected financing of terrorism;\nor\n(e)\nthe financing of proliferation or suspected financing of\nproliferation,\nthe disclosure shall not be treated as a breach of any restriction upon\nthe disclosure of information by any enactment or otherwise and the\nfact of such disclosure shall not give rise to any criminal or civil\nliability.\u201d.\n\nClause 7\nProceeds of Crime (Amendment) Bill, 2023\n\nPage 12\n Introduced\nc\n\n7.\nInsertion of Part 2A - immunity of self-regulatory bodies appointed as\nSupervisory Authorities\n7.\nThe principal Act is amended by inserting after Part 2 the following Part \u2014\n\u201cPart 2A - Immunity of self-regulatory bodies appointed as\nSupervisory Authorities\nImmunity of a self-regulatory body which is a Supervisory\nAuthority\n14A. Notwithstanding the provisions of any other Act, while carrying out a\nregulatory function under this Act, a self-regulatory body which is a\nSupervisory Authority, and its managers, officers, employees and agents,\nshall not be liable in damages for anything done or omitted in the discharge\nor purported discharge of their respective regulatory functions unless it is\nshown that the act or omission was in bad faith or constituted wilful\nmisconduct.\u201d.\n8.\nAmendment of section 79 - property obtained through unlawful conduct\n8.\nThe principal Act is amended in section 79(2) by repealing paragraph (b) and\nsubstituting the following paragraph \u2014\n\u201c(b) it is not necessary to show that the conduct was of a particular\nkind if it is shown that \u2014\n(i)\nthe property was obtained through conduct of a specific\nkind or kinds, and that conduct of that kind or those kinds\nis unlawful conduct; or\n(ii) the circumstances in which the property was handled are\nsuch as to give rise to the irresistible inference that it can\nonly be derived from unlawful conduct.\u201d.\n9.\nAmendment of section 82 - application for property freezing order\n9.\nThe principal Act is amended in section 82 by repealing subsection (4) and\nsubstituting the following subsection \u2014\n\u201c(4) The court may make a property freezing order on an application if it\nis satisfied that the condition in paragraph (a) is met and, where\napplicable, that the condition in paragraph (b) is met, that is to say \u2014\n(a)\nthe first condition is that there is a good arguable case \u2014\n(i)\nthat the property to which the application for the order\nrelates is or includes recoverable property; and\n\nProceeds of Crime (Amendment) Bill, 2023\nClause 10\n\nc\n Introduced\nPage 13\n\n(ii) that, if any of it is not recoverable property, it is associated\nproperty; and\n(b) the second condition is that if \u2014\n(i)\nthe property to which the application for the order relates\nincludes property alleged to be associated property; and\n(ii) the Director of Public Prosecutions has not established the\nidentity of the person who holds it,\nthe Director of Public Prosecutions has taken all reasonable\nsteps to do so.\u201d.\n10\nAmendment of section 110 - searches\n10. The principal Act is amended in section 110 as follows \u2014\n(a)\nby repealing subsection (5) and substituting the following subsection \u2014\n\u201c(5) The powers conferred by this section are exercisable only so far as\nreasonably required for the purpose of finding cash.\u201d; and\n(b) by inserting after subsection (7) the following subsection \u2014\n\u201c(7A) For the purposes of this section and Schedule 5 the words\n\u201cminimum amount\u201d means one thousand Cayman Islands\ndollars.\u201d.\n11.\nAmendment of section 133 - concealing, etc.\n11. The principal Act is amended in section 133(2) by repealing paragraphs (a) and (b).\n12.\nAmendment of section 134 - arrangements\n12. The principal Act is amended in section 134(2) by repealing paragraphs (a) and (b).\n13.\nAmendment of section 135 - acquisition, use and possession\n13. The principal Act is amended in section 135(2) by repealing paragraphs (a) and (b).\n14.\nAmendment of section 138 - disclosure by the Financial Reporting Authority\n14. The principal Act is amended in section 138(1) by repealing paragraph (b) and\nsubstituting the following paragraph \u2014\n\u201c(b) may, where it has cause to suspect that criminal conduct has\nbeen committed, disclose any information received under this\nAct to \u2014\n(i)\nany competent authority;\n(ii) any Supervisory Authority within the Islands; and\n(iii) such other institutions or persons in the Islands as may be\ndesignated in writing by the Steering Group; and\u201d.\n\nClause 15\nProceeds of Crime (Amendment) Bill, 2023\n\nPage 14\n Introduced\nc\n\n15.\nAmendment of section 144 - interpretation\n15. The principal Act is amended in section 144 by repealing subsection (5A) and\nsubstituting the following subsection \u2014\n\u201c(5A) It may be proved that property is criminal property \u2014\n(a)\nby showing that it derives from conduct of a specific kind or\nkinds, and that conduct of that kind or those kinds is criminal\nconduct; or\n(b) by showing that the circumstances in which the property was\nhandled are such as to give rise to the irresistible inference that\nit can only be criminal property.\u201d.\n16.\nAmendment of section 196 - extradition where Schedule 1 to the Extradition\nAct 2003 applies\n16. The principal Act is amended in section 196 by deleting the words \u201cThe offences to\nwhich the Extradition Act (Overseas Territories) Order 2016 [UKSI 2016\/990] under\nsections 177, 178 and 244(2)\u201d and substituting the words \u201cThe offences to which the\nExtradition Act (Overseas Territories) Order 2016 (UKSI 2016\/990) and any other\nOrder in Council made under sections 177, 178 and 224(2)\u201d.\n17.\nAmendment of Schedule 5 - modifications to the Act when applied to external\nconfiscation orders and related proceedings\n17. The principal Act is amended in Schedule 5 as follows \u2014\n(a)\nin paragraph 6 as follows \u2014\n(i)\nin subparagraph (3)(a), by deleting the words \u201csubparagraph (5)\u201d and\nsubstituting the words \u201csubparagraph (4)\u201d; and\n(ii) in subparagraph (10), by deleting the words \u201csubparagraph (10)\u201d and\nsubstituting the words \u201csubparagraph (9)\u201d; and\n(b) in paragraph 7, by deleting the words \u201cparagraph 6(5)\u201d and substituting\nthe words \u201cparagraph 6(4)\u201d.\n18.\nAmendment of Schedule 6 - activities falling within the definition of \u201crelevant\nfinancial business\u201d\n18. The principal Act is amended in Schedule 6 by repealing paragraphs 14B and 22.\n\nProceeds of Crime (Amendment) Bill, 2023\nClause 19\n\nc\n Introduced\nPage 15\n\n19.\nTransitional provisions\n19. All proceedings pending at the date of the commencement of this amending Act in\nrespect of offences committed or alleged to have been committed against the principal\nAct and to which any of the provisions in sections 8, 9, 11, 12, 13 and 15 of this\namending Act apply, shall be continued and dealt with under this amending Act.\nPassed by the Parliament the            day of                       2023.\n\nSpeaker\n\nClerk of the Parliament","akn_extracted_at":"2026-06-22 15:42:09.241998+00","cms_id":"2023-0009","law_type":"bill","year":"2023","number":"9","title":"Public Lands (Amendment and Validation) Act, 2023 (Act 9 of 2023)","status":"bill"},"provenance":{"files":[{"file_id":"7102","expr_id":"2303","kind":"akn_xml","filename":"2023-0009.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2023\/2023-0009\/2023-0009.akn.xml","content_md5":"f43fb523c42e36d7b9778e40f2e0f67b","byte_size":"23441","http_last_modified":null,"fetched_at":"2026-06-22 15:42:09.457192+00"},{"file_id":"4605","expr_id":"2303","kind":"pristine_pdf","filename":"2023-0009.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2023\/2023-0009\/2023-0009.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2023\/2023-0009\/2023-0009.pdf","content_md5":"36082ea3916a17c426b528eb8ec6bde7","byte_size":"826841","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.351676+00"},{"file_id":"4606","expr_id":"2303","kind":"working_pdf","filename":"2023-0009.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2023\/2023-0009\/2023-0009.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2023\/2023-0009\/2023-0009.pdf","content_md5":"36082ea3916a17c426b528eb8ec6bde7","byte_size":"826841","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.351676+00"}],"paragraph_count":11,"latest_history":null},"quality":{"expr_id":"2303","doc_id":"2303","quality_state":"known_issue","quality_score":"59","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: cayman islands x3; introduced x12; proceeds of crime amendment bill 2023 x11","assessed_at":"2026-06-22 15:29:46.623197+00","updated_at":"2026-06-22 15:29:46.623197+00"}}