The purpose of the The Civil Asset Recovery, Management and Disposal Bill, 2017 is to introduce a process to enable law enforcement authorities to seize property suspected of being connected to criminal activity in order to fully implement the Financial Action Task Force (FATF) Recommendations 4 and 38 and address impediments to effective confiscation and asset recovery in the international context. The legislation outlines the procedure for civil applications to the Court for obtaining non-conviction based civil asset forfeiture orders, property restriction orders, and unexplained wealth orders. Civil asset forfeiture proceedings are brought against the property rather than against the person who committed the offence and therefore does not require either a criminal charge against the owner of the property or a criminal conviction. This is an effective crime-fighting tool for financial and criminal investigators as currently the Proceeds of Crime Act, Chapter 11:27 only provides for granting forfeiture orders by the Court post-conviction. The Bill will include the necessary safeguards for due process to flow upon an application by any Party alleging any grievance. The strengthening of the legal framework for civil asset recovery is encouraged by Trinidad and Tobago’s support for the global and regional asset recovery networks. Trinidad and Tobago’s government has recently (2019) passed an “unexplained wealth” law that gives authorities the power to seize the profits of crime:The Civil Asset Recovery and Management and Unexplained Wealth Act, 2019.

Updated: October 30, 2019