Explanatory Memorandum after pages 8 OBJECTS AND REASONS

Similar documents
Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 40, No. 152, 14th August, 2001

ANTIGUA AND BARBUDA. THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 2008 No. 11 of 2008

THE INCOME TAX (AMENDMENT) BILL, EXPLANATORY NOTES (These notes form no part of the Bill but are intended only to indicate its general purport)

OBJECTS AND REASONS

CRIME (TRANSNATIONAL ORGANIZED CRIME) (JERSEY) LAW 2008

This Bill would amend the Magistrate s Courts Act, Cap. 116A to (a)

COOK ISLANDS CRIMES AMENDMENT ACT 2003 ANALYSIS

H.B. 1, 2006 (Version 2) Gazetted Friday 15th December, 2006.

TERRORISM (SUPPRESSION OF FINANCING) ACT. Act 16 of 2002

THE CONSTITUTION (AMENDMENT) BILL, 2007

LAWS OF THE REPUBLIC OF VANUATU CONSOLIDATED EDITION 2006 ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY PART 2 TERRORISM OFFENCES

ANTIGUA AND BARBUDA THE INTERNATIONAL BUSINESS CORPORATION (AMENDMENT) ACT, 2004 ARRANGEMENT OF SECTIONS

Immigration Act 2014

Continental Shelf (Living Natural Resources) Act Act 1974, Chapter No. 210 PART I PRELIMINARY

[ASSENTED TO 19 DECEMBER 2004] [DATE OF COMMENCEMENT: 5 MAY 2009 *]

AS TABLED IN THE HOUSE OF ASSEMBLY

Chapter 22:05 EXCHANGE CONTROL ACT Acts 62/1964, 8/1967, 15/1970, 43/1975, 42/1977 (s. 3), 22/2001, 14/2002; R.G.N 1135/1975. ARRANGEMENT OF SECTIONS

BERMUDA CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) (BERMUDA) ACT : 41

Prevention of Organised Crime Act 29 of 2004 (GG 3363) brought into force on 5 May 2009 by GN 77/2009 (GG 4254) ACT

Smuggling of migrants the international legal framework

Prohibition and Prevention of [No. 14 of 2001 Money Laundering THE PROHIBITION AND PREVENTION OF MONEY LAUNDERING BILL, 2001

BERMUDA BRIBERY ACT : 47

BERMUDA PROCEEDS OF CRIME ACT : 34

Private Higher Educational Institutions (Amendment) 1 A BILL. i n t i t u l e d [ ]

Explanatory Menorandum after pages 32

Supplement No. 3 published with Gazette No. 12 dated 4 th June, 2018.

Legal Aid Act 29 of 1990 (GG 131) brought into force on 7 October 1991 by Proc. 23/1991 (GG 272) ACT

BRIBERY ACT NO. 47 OF 2016 LAWS OF KENYA

CHAPTER R4 - RECOVERY OF PUBLIC PROPERTY (SPECIAL PROVISIONS) ACT

RECOVERY OF PUBLIC PROPERTY (SPECIAL PROVISIONS) ACT

THE ANTI-GANG BILL, Arrangement of Clauses

FIJI ISLANDS IMMIGRATION ACT Part 5 - TRAFFICKING AND SMUGGLING OF PERSONS

GUYANA. ACT No. 22 of 2004 FINANCIAL INSTITUTIONS (AMENDMENT) ACT 2004 ARRANGEMENT OF SECTIONS

BERMUDA HOTELS (TEMPORARY CUSTOMS DUTY RELIEF) ACT : 5

Marine Boundaries and Jurisdiction Act, , 25 February 1978 PART I PRELIMINARY

CHAPTER 256 THE PROCEEDS OF CRIME ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS

BERMUDA RESTAURANTS (TEMPORARY CUSTOMS DUTY RELIEF) ACT : 30

Supplement No. 16 published with Extraordinary Gazette No. 71, dated 9 September, 2016.

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 57, No. 27, 8th March, 2018

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

H.B. 6, 2005 Published in the Government Gazette on the 20th May, 2005 (General Notice 193/2005) EDUCATION AMENDMENT BILL, 2005 MEMORANDUM

SAINT VINCENT AND THE GRENADINES ACT NO. 34 OF 2002

CRIMINAL LAW AMENDMENT ACT

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 56, No. 132, 5th December, 2017

Republic of Trinidad and Tobago

GOVERNMENT GAZETI'E OF THE REPUBLIC OF NAMIBIA. WINDHOEK - 31 July 1995 CONTENTS

PROHIBITION OF GAMING MACHINES AMENDMENT ACT 2004 BERMUDA 2004 : 18 PROHIBITION OF GAMING MACHINES AMENDMENT ACT 2004

CURRENCY CONVERSION (FREEZING ORDERS) ACT LAWS

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 40, No. 65, 4th April, No. 11 of 2001

Singapore: Mutual Assistance In Criminal Matters Act

Chapter 391. International Trade (Fauna and Flora) Act Certified on: / /20.

2001 Money Laundering (Prevention) Act (Amendment) GRENADA ACT NO. 19 OF 2001

Enacted by the Parliament of the Bahamas (December 31, 2004)

BERMUDA REVENUE AMENDMENT (NO. 2) ACT : 16

PRESERVATION OF PUBLIC SECURITY ACT

A BILL. i n t i t u l e d. An Act to amend the Road Transport Act ENACTED by the Parliament of Malaysia as follows:

Government Gazette REPUBLIC OF SOUTH AFRICA

THE PROCEEDS OF CRIME ACT, 1991 ARRANGEMENT OF SECTIONS

WIRELESS TELEGRAPHY (JERSEY) ORDER 2003

XII. BARBADOS 3 " 1. ANTI-TERRORISM ACT, Arrangement of Sections Section. 1. Short title. 2. Definitions. PART II. Terrorism Offences

COURTS OF LAW AMENDMENT BILL

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 39, No. 132, 6th July, 2000

Penal Code (Amendment) Bill

DANGEROUS DRUGS ORDINANCE (AMENDMENT No. 3) LAW, *

BERMUDA 2010 : 8 PRIVATE INVESTIGATORS AND SECURITY GUARDS AMENDMENT ACT 2010

KENYA GAZETTE SUPPLEMENT

PART XVII COURT PROCEEDINGS

BARBADOS SUGAR WORKERS (MINIMUM WAGE AND GUARANTEED EMPLOYMENT) CHAPTER 359

Armed Forces Act (Supplementary Provisions) 2008 No. C 2011 A BILL FOR. Sponsored by Senator Bode Olajumoke (Ondo North)

INDEPENDENT STATE OF PAPUA NEW GUINEA. Continental Shelf (Living Natural Resources). GENERAL ANNOTATION.

BERMUDA EXPLOSIVE SUBSTANCES ACT : 107

قانون اساءة استخدام الكمبيوتر البريطاني COMPUTER MISUSE ACT 1990 (UK) Commencement 29 August 1990

Supplement No. 8 published with Extraordinary Gazette No. 81 dated 24 th October, 2018.

COUNTERFEIT CURRENCY (SPECIAL PROVISIONS) ACT

Title 14 Laws of Bermuda Item 14 BERMUDA 1952 : 29 BONDING OF PRECIOUS STONES ACT 1952 ARRANGEMENT OF SECTIONS

Modern Slavery Bill EXPLANATORY NOTES. Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 8-EN.

Whale Protection Act 1980

Reproductive Health (Access to Terminations) Act 2013 (No. 72 of 2013) CONTENTS

ST CHRISTOPHER AND NEVIS CHAPTER 9.08 DRUGS (PREVENTION AND ABATEMENT OF THE MISUSE AND ABUSE OF DRUGS) ACT

Government Gazette REPUBLIC OF SOUTH AFRICA

(18 September 2009 to date)

Number 29 of 2000 ILLEGAL IMMIGRANTS (TRAFFICKING) ACT, 2000 ARRANGEMENT OF SECTIONS. Section 1. Interpretation. 2. Trafficking in illegal immigrants.

OBJECTS AND REASONS

Second Session Ninth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO. Act No. 10 of 2009

Immigration Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS PART 1

SAINT VINCENT AND THE GRENADINES PROCEEDS OF CRIME AND MONEY LAUNDERING (PREVENTION) ACT 2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY

THE PREVENTION OF CORRUPTION (AMENDMENT) BILL, 2013

LISTENING DEVICES ACT, 1984, No. 69

CHAPTER 105 CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ARRANGEMENT OF SECTIONS

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 57, No. 11, 1st Feburary, 2018

Coast Conservation (Amendment) Act No 64 of 1988

REMOVAL OF SAND RL 4/ April 1982

MARITIME TRANSPORT ACT 2006 (ACT NO 5 OF 2006) REGULATIONS. Made under Sections 157 and 158

Ref. No. D. 66:07 Ministry of Justice National Parks and Wildlife (Amendment) Bill, 2016 Author: Rumbani Jere

REPUBLIC OF VANUATU IMMIGRATION ACT NO. 17 OF Arrangement of Sections PART 1 PRELIMINARY

THE TEA ACT, 1997 ARRANGEMENT OF SECTIONS. PART I PRELIMINARY PROVISIONS Section Title 1. Short title and commencement. 2. Interpretation.

KENYA GAZETTE SUPPLEMENT

SAMOA TRUSTEE COMPANIES ACT 1988

69 No. 8 ] Money Laundering (Prevention) Act [ 2010.

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 50, No. 11, 10th February, 2011

Transcription:

Explanatory Memorandum after pages 8 2016-02-01 OBJECTS AND REASONS This Bill would amend the Immigration Act, Cap. 190 to make provision for an offence of smuggling of persons in accordance with the United Nations Convention Against Transnational Organized Crime and for related matters.

2 Arrangement of Sections 1. 2. 3. 4. 5. Short title Amendment of section 12A of Cap. 190 Insertion of new section 29A in Cap. 190 Amendment of section 30 of Cap. 190 Amendment of the Extradition Act, Cap. 189

BARBADOS A Bill entitled An Act to amend the Immigration Act. ENACTED by the Parliament of Barbados as follows: Short title 1. This Act may be cited as the Immigration (Amendment) Act, 2016.

4 Amendment of section 12A of Cap. 190 2. The Immigration Act, in this Act referred to as the principal Act, is amended in section 12A by deleting the closing words in subsection (5) and substituting the following: the master of the vessel is guilty of an offence and is liable on conviction on indictment to a fine of $200 000 or to imprisonment for a term of 5 years or to both.. Insertion of new section 29A in Cap. 190 3. The principal Act is amended by inserting the following new sections immediately after section 29: Offences re smuggling of persons 29A.(1) A person is guilty of the offence of smuggling of persons who with intent to obtain directly or indirectly a financial or other material benefit (c) engages in conduct preliminary to or takes part in the smuggling of persons by sea or air without complying with the requirements for legal entry into Barbados; while engaging in conduct referred to in paragraph, (i) (ii) produces a fraudulent travel or identity document; or procures, provides or possesses a fraudulent travel or identity document; or arranges for a person who is not a national or permanent resident of Barbados to remain in Barbados without having that person comply with the legal requirements for remaining in Barbados.

(2) A person is guilty of committing the offence of smuggling of persons with aggravation where in committing the offence, the person endangers the lives of the persons concerned; or engages in inhumane or degrading treatment. (3) Where in proceedings brought under subsection (1), evidence is found that a vessel is engaged in the smuggling of migrants by sea, the vessel may be seized and forfeited. (4) In this section fraudulent travel or identity document means any travel or identity document that (c) has been falsely made or altered in some material way by a person other than a person lawfully authorized to make or issue the travel or identity document; has been improperly issued or obtained through misrepresentation or in any other unlawful manner; or is being used by a person other than the rightful holder; vessel means any type of water craft that is capable of being used for transportation on water. Penalties 5 29B.(1) A person who is convicted under section 29A (1) of the offence of smuggling of persons is liable on conviction on indictment to a fine of $1 500 000 or to imprisonment for 15 years or to both. (2) A person who is convicted under section 29A (2) of the offence of smuggling of persons with aggravation is liable on conviction on indictment to a fine of $2 000 000 or to imprisonment for 25 years or to both.

6 Forfeiture 29C.(1) Where a person has been convicted of the offence of smuggling of persons or smuggling of persons with aggravation, and the court is satisfied that any property of the person convicted was used or was intended to be used or was obtained in the course of the crime; or any benefits were gained from the proceeds of the crime, the court shall order that the property or benefits be forfeited and accrue to the Criminal Assets Recovery Fund. (2) For the purposes of subsection (1) Criminal Assets Recovery Fund means the fund established under section 14 of the Transnational Organized Crime (Prevention and Control) Act, 2011 (Act 2011-3) and continued under section 3 of the Criminal Assets Recovery Fund Act, 2016 (Act 2016- ); property includes money, valuables and other movable and immovable property. (3) The forfeiture of property referred to in subsection (1) applies to the property of persons convicted of the smuggling of persons or the smuggling of persons with aggravation, whether or not the property is located in Barbados.. Amendment of section 30 of Cap. 190 4. The principal Act is amended by deleting section 30 and substituting the following:

7 General penalties 30.(1) A person who is guilty of an offence under this Act for which no other penalty is provided is liable on summary conviction to a fine of $5 000 or to imprisonment for 12 months or to both. (2) Where subsidiary legislation made under this Act creates an offence, the subsidiary legislation may provide for such offences to be tried summarily or on indictment and the subsidiary legislation may prescribe the following penalties: in the case of an offence triable summarily, a fine not exceeding $5 000 or imprisonment for a term of 12 months or both; in the case of an offence triable on indictment, a fine not exceeding $25 000 or imprisonment for a term of 5 years or both.. Amendment of the Extradition Act, Cap. 189 5. The Extradition Act, Cap. 189, is amended in the Schedule by adding the following as paragraph 40: 40. Any offence concerning the smuggling of persons..

8 Read three times and passed the House of Assembly this day of, 2016. Speaker Read three times and passed the Senate this, 2016. day of President

Immigration Act, 2016 EXPLANATORY MEMORANDUM SUMMARY The purpose of this Bill is to make fuller provision for the prevention of the smuggling of persons in the terms of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organized Crime. The creation of offences related to the smuggling of persons in the Immigration Act now reflects the fact that the offences created are essentially immigration offences and that prevention lies in strong border control. Notwithstanding the title of the Protocol, the emphasis of the Protocol is on the smuggling of persons by sea. This is clearly expressed in Part II (Articles 7 to 9) of the Protocol which is headed smuggling of migrants by sea. There are no provision of the Protocol which expressly deal with smuggling by air or land. This Bill must be read with the Trafficking in Persons Prevention Bill, 2015 and the Criminal Assets Recovery Fund Bill, 2015 which provide for other aspects of the Convention Against Transnational Organized Crime. Clause 2: Amendment of section 12A The amendment to this section increases the penalty of imprisonment from to 2 years to 5 years. The amendment also removes two existing ambiguities. Firstly, by providing for the offence to be tried on indictment, it makes it clear that the offence is not to be tried summarily. Secondly, it removes the conflict that the general penalty in section 30 applied to the offence under this section. Clause 3: Insertion of new section 29A (offences of the smuggling of persons) 1

This provision implements Article 6 of the Protocol which requires states to criminalize the smuggling of migrants especially where false travel and identity documents are used. Subsection (1): offence of the smuggling of persons Subsection (1) creates an offence of the smuggling of persons simpliciter. Subsection (2): offence of the smuggling of persons with aggravation Subsection (2) creates an offence of the smuggling of persons with aggravation. This implements Article 6 (3) of the Protocol which requires that a special offence be created where the lives of person are endangered or where persons are subjected to inhuman or degrading treatment. These circumstances would include for example, the overcrowding of migrant boats, the insufficiency of ventilation, food and water and the infliction of physical abuse. Insertion of new section 29B: Penalties This clause provides heavy penalties in relation to the offences prescribed under section 29A. A heavier penalty is prescribed in relation to the offence of the smuggling of persons with aggravation. Insertion of new section 29B: Forfeiture This clause implements Articles 12, 13 and 14 of the Convention by providing for the forfeiture of assets where an offence of smuggling of persons is committed. Clause: 4 Amendment of section 30 (General penalties) This amendment clarifies the law by removing an ambiguity relating to the mode of trial of the offences under the Act and the imposition of the general penalty. The amendment now makes it clear that the general penalty does not apply to any of the indictable offences under the Act and secondly, that the mode of trial for those offences to which the general penalty applies is by way of summary trial. Clause: 5 Amendment of the Extradition Act, Cap. 189 This clause would make the offence of smuggling of persons an extraditable offence. 2