Supreme Court Of The Bahamas Ruling On The Financial Intelligence Unit Act, 2000

As the central agency for the receipt and analysis of suspicious transaction reports, the Bahamian Financial Intelligence Unit (FIU) is an integral part of the country’s anti-money laundering regime. Such an agency is now recognised as being essential for the existence of a comprehensive anti-money laundering regime aligned with best international standards and practice. Indeed, the Bahamas FIU is now a member of the internationally recognised Egmont Group of financial intelligence units.

A recent ruling by the Supreme Court relative to the administrative power of the FIU to freeze accounts or transactions impacts an aspect of the FIU’s function in the Bahamian anti-money laundering regime, i.e. its ability to issue a freeze order, which has not been granted by the courts. The FIU is at liberty, still, to request a court order to freeze an account ex parte. Consequently, the FIU remains able to perform the essential role of a financial intelligence unit in the detection and prevention of money laundering in The Bahamas.

Judicial review of a country’s laws speaks to the maturity of its legal system. It is a fundamental aspect of the democratic integrity of The Bahamas. The Bahamas’ evolution into a world-class financial jurisdiction is, in part, attributed to its highly regarded judicial system that fosters confidence in the domestic and international community.

Bahamas Financial Services Board Statement
November 28, 2001

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