Overview

  1. By the Proceeds of Crime (Designated Non-Financial Institution) (Attorneys-at-law) Order, 2013 made on 15th November 2013 and taking effect on 1st June 2014, the obligations imposed by The Proceeds of Crime Act (POCA) Part V, and the Proceeds of Crime (Money Laundering) Regulations were applied to attorneys-at-law when engaging in any of the following activities:
    1. purchasing or selling real estate;
    2. managing clients’ money, securities or other assets;
    3. managing bank, savings or securities accounts;
    4. organizing contributions for the creation, operation or management of companies;
    5. creating, operating or managing a legal person or legal arrangement (such as a trust or settlement); and
    6. purchasing or selling a business entity.
  2. Similar orders have been made under the Terrorism Prevention Act (TPA), and the United Nations Security Council Resolutions Implementation Act (UNSCRIA).
  3. The General Legal Council (GLC) was declared to be the Competent Authority to monitor compliance by attorneys-at-law under the POCA, TPA and UNSCRIA.
  4. Litigation between the Jamaican Bar Association and the Attorney General and General Legal Council concerning the regime concluded with the Judgment of the Privy Council in The Attorney General and The Jamaican Bar Association and the General Legal Council [2023] UKPC 6. The Privy Council found that the Regime was not unconstitutional as whereas the regime does breach the right to privacy, the interference with the right was demonstrably justifiable. Further, that the GLC’s powers of inspection do not interfere with legal professional privilege.
  5. As competent authority for attorneys falling within the regulated sector the GLC’s responsibilities include:
    1. Monitoring compliance by attorneys in the regulated sector with the requirements of the POCA, TPA and UNSCRIA and any regulations made under that part;
    2. Issue guidelines to attorneys as to effective measures to prevent money laundering, terrorist financing and the financing of the proliferation of weapons of mass destruction;
    3. Ensuring compliance by business in the regulated sector with the relevant laws.

In accordance with international guidelines the GLC will be adopting a risk-based approach to its supervision of attorneys in the Regulated Sector.

Legislation

All queries should be made to the POCA Compliance Manager, Mr. Akeil Pladley, at poca.complimanager@generallegalcouncil.org.